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09/05/2023
Tuesday, September 5, 2023 1:30 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Council Work Session Meeting Agenda September 5, 2023Council Work Session Meeting Agenda 1. Call to Order 2. Presentations 2.1 September Service Awards 2.2 TRAC STAR Award Presentation - Traffic Operations Signal Team - Mark O'Hara TRAC Chair, Gloria Lepik-Corrigan. 3. Office of Management and Budget 3.1 Approve the recommended Penny for Pinellas project list, as revised for fiscal years 2023/24 through 2029/30. 3.2 Set final millage rate of 5.8850 mills for fiscal year 2023/24 against non-exempt real and personal property within the City of Clearwater and pass Ordinance 9713-23 on first reading. 3.3 Approve the City of Clearwater Annual Operating Budget for the 2023/24 fiscal year and pass Ordinance 9714-23 on first reading. 3.4 Approve the fiscal year 2023/24 Annual Capital Improvement Budget, establish a six-year plan for the Capital Improvement Program (CIP), and pass Ordinance 9715-23 on first reading. 4. Economic Development and Housing 4.1 Approve the 2023 Affordable Housing Inventory List pursuant to requirements of Chapter 166.0451, Florida Statutes; adopt Resolution 23-13 and authorize the appropriate officials to execute same. 4.2 Appoint 11 members to the Affordable Housing Advisory Committee, including 1 member of City Council as a locally elected official, and adopt Resolution 23-12. 5. Parks and Recreation 5.1 Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of Clearwater for funding youth programs, approve a first quarter budget amendment of $486,211 in special program G2107, JWB Youth Programming, and authorize the appropriate officials to execute same. (consent) Page 2 City of Clearwater Printed on 8/31/2023 September 5, 2023Council Work Session Meeting Agenda 5.2 Approve a purchase order to Shade Systems, Inc., of Ocala, Florida for the purchase and installation of Athletic Shade Structures at Baycare Ballpark in an amount of $131,004.00, 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) 6. Police Department 6.1 Approve an Event License Agreement between Jones Lang LaSalle Americas, Inc, in its capacity as agent for the owner of the premises known as Countryside Mall, located at 27001 US Highway 19 North, Clearwater, Florida, and the City of Clearwater Police Department for the purpose of hosting the National Night Out Event on October 3, 2023, located at the Countryside Mall and authorize the appropriate officials to execute same. (consent) 6.2 Renew Financial Assistance Agreement between the Florida Department of Law Enforcement and the City of Clearwater, necessary to facilitate a current mutual aid agreement between the two entities, effective upon execution through June 30, 2024, and authorize the appropriate officials to execute same. (consent) 6.3 Approve an agreement with the Pinellas County Sheriff’s Office, Largo, Florida, in the amount not to exceed $499,861.50 for forensic crime scene processing, latent prints, property and evidence storage, and Pinellas Juvenile Assessment Center services, during the one-year contract period commencing on October 1, 2023 through September 30, 2024, and authorize the appropriate officials to execute same. (consent) 6.4 Approve acceptance of University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology and Management (IPTM), High Visibility Education (HVE) and Enforcement Campaign for Pedestrian and Bicycle Safety Grant Award in the amount of $27,233.22 for police overtime, and authorize the appropriate officials to execute same. (consent) 7. Public Works 7.1 Approve the final plat for Landmark of Clearwater, whose physical address is 2680 Landmark Drive, located on the southwest corner of State Road 580 and Landmark Drive. (consent) 7.2 Approve the termination and issuance of a three-year Lease Agreement by request of Intercultural Advocacy Institute (HOC) to the mutually agreeable prior terms and conditions affecting 612 Franklin Street in Clearwater, Florida and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 8/31/2023 September 5, 2023Council Work Session Meeting Agenda 7.3 Approve a purchase order to American Grinding Company, of Grand Rapids, MI, in the amount of $500,000 for sidewalk grinding on a unit price basis pursuant to Clearwater Code of Ordinances Section 2.563 (1)(C), piggyback on City of Orlando contract IFB23-0119, and authorize the appropriate officials to execute same. (consent) 7.4 Approve the Drainage Easement conveyance request from the landowner Weaver Enterprises, Inc., in support of necessary stormwater culvert upgrades and repairs affecting 1875 Gulf to Bay Boulevard, in Pinellas County, Florida. (consent) 8. Fire Department 8.1 Approve Pinellas County EMS ALS First Responder Agreement Amendment No. 1 between Pinellas County and City of Clearwater, which will include a budget increase of 3.2%, reimbursement of Rescue 48, implementation and installation of a Traffic Preemption System in Pinellas County and municipal traffic control systems, require Clearwater Fire and Rescue employees to pass a background check to access the new 911 CAD System, and authorize the appropriate officials to execute same. (consent) 9. Public Communications 9.1 Approve an agreement with New World Communications of Tampa, INC., on behalf of its television station WTVT Fox 13, to allow the City to obtain certain rights to use the film/tape footage as set forth and authorize the appropriate officials to execute same. (consent) 10. Solid Waste 10.1 Approve a purchase order to Toter Incorporated of Statesville, NC for residential container purchases in the not to exceed amount of $43,883.45 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 10.2 Approve a purchase order to Pinellas County Solid Waste for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill in the not-to-exceed amount of $5,100,000 for the period October 1, 2023, through September 30, 2024, pursuant to Clearwater Code of Ordinances Section 2.563 (1) (a), Single Source, and authorize the appropriate officials to execute same. (consent) 11. City Clerk 11.1 Appoint David Harder to the Neighborhood and Affordable Housing Advisory Board to fill an unexpired term through June 30, 2024. (consent) Page 4 City of Clearwater Printed on 8/31/2023 September 5, 2023Council Work Session Meeting Agenda 11.2 Appoint Rick Broom to the Marine Advisory Board to a term set to expire September 8, 2027. (consent) 11.3 Appoint two individuals to the Community Development Board to fill the remainder of two unexpired terms, one through February 28, 2026 and on through April 30, 2026. 11.4 Appoint an individual to the Environmental Advisory Board to fill the remainder of an unexpired term through September 30, 2026. 12. City Attorney 12.1 Approve agreement with HR and A consultants as a ratify-and-confirm. (consent) 12.2 Amend Council Rule 6, Order of Business, adopt Resolution 23-14, and authorize appropriate officials to execute same. 12.3 Amend Council Rule 15, Rules of Conduct, adopt Resolution 23-15, and authorize appropriate officials to execute same. 12.4 Adopt Ordinance 9684-23 on second reading, annexing certain unaddressed real property located on the north side of Tanglewood Drive approximately 675 feet west of Oak Creek Drive East, Clearwater, Florida 33761, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 12.5 Adopt Ordinance. 9685-23 on second reading, amending the future land use plan element of the Comprehensive Plan of the City to designate the land use for certain unaddressed real property located on the north side of Tanglewood Drive approximately 675 feet west of Oak Creek Drive East, Clearwater, Florida 33761, upon annexation into the City of Clearwater, as Residential Estate (RE) and Drainage Feature Overlay. 12.6 Adopt Ordinance 9686-23 on second reading, amending the Zoning Atlas of the City by rezoning certain unaddressed real property located on the north side of Tanglewood Drive approximately 675 feet west of Oak Creek Drive East, Clearwater, Florida 33761, upon annexation into the City of Clearwater, as Low Density Residential (LDR). 12.7 Adopt Ordinance 9694-23 on second reading, annexing certain real property whose post office address is 1862 McCauley Road, Clearwater, Florida 33765, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Page 5 City of Clearwater Printed on 8/31/2023 September 5, 2023Council Work Session Meeting Agenda 12.8 Adopt Ordinance No. 9695-23 on second reading, amending the future land use plan element of the Comprehensive Plan of the City to designate the land use for certain real property whose post office address is 1862 McCauley Road, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Residential Estate (RE) and Water. 12.9 Adopt Ordinance 9696-23 on second reading, amending the Zoning Atlas of the City by rezoning certain real property whose post office address is 1862 McCauley Road, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Low Density Residential (LDR). 13. City Manager Verbal Reports 14. City Attorney Verbal Reports 15. Council Discussion Item 15.1 Run-off Elections - Mayor Aungst, Sr. 15.2 Tampa Bay Estuary Program Update - Councilmember Beckman 16. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 17. Closing Comments by Mayor 18. Adjourn 19. Presentation(s) for Council Meeting 19.1 Fire Oaths Page 6 City of Clearwater Printed on 8/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0998 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: September Service Awards SUMMARY: 5 Years of Service Thomas Lanni Parks and Recreation Michelle Leach Parks and Recreation Pierre Labrie Parks and Recreation Kara Grande Economic Development and Housing Pual Kuhar General Services Irin Gomez Economic Development and Housing 10 Years of Service William Robinson Gas James Campbell Police Tracy Weaver Solid Waste Jeanne Blaettner Finance 20 Years of Service John Stone General Services 25 Years of Service Anna “Paula” Chaplinsky Library 30 Years of Service Eric Hannah Solid Waste John Murray Solid Waste Susan Pease Police Page 1 City of Clearwater Printed on 8/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1023 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.2 SUBJECT/RECOMMENDATION: TRAC STAR Award Presentation - Traffic Operations Signal Team - Mark O'Hara TRAC Chair, Gloria Lepik-Corrigan. SUMMARY: Pedestrian improvements at Countryside Blvd. & Mall Blvd. in Countryside. Theodore Mellis Robert Fahey Sidney Ferguson Eric Goehringer Kristian Greve Louis Marquez Charles Sheldon Page 1 City of Clearwater Printed on 8/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1077C Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Office of Management & Budget Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Approve the recommended Penny for Pinellas project list, as revised for fiscal years 2023/24 through 2029/30. SUMMARY: On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special hearing prior to adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to the Penny for Pinellas project funding of $500,000 or more. Changes to Penny for Pinellas projects that meet these criteria in the proposed 2023/24 capital improvement budget and six-year plan include the following: Fire Engines/Ladder Truck Replacement - The funding for this project is being increased by a total of $1,843,990. This represents cost increases estimated at $443,990 for fire engines planned for purchase in fiscal years 2027/28 through 2029/30; and the addition of a ladder truck budgeted for $1,400,000 planned for replacement in 2029/30 (funded at $700,000 in fiscal years 2028/29 and 2029/30). Page 1 City of Clearwater Printed on 8/31/2023 Penny for Pinellas Project Funding - Public Hearing September 6, 2023 Total Approved Proposed Amended Total Projects Changes Projects 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 Projected Beginning Balance:2,442,774 (5,965,356) (2,672,066) 5,513,834 2,554,382 9,755,593 10,168,493 2,442,774 16,585,900 16,585,900 16,585,900 17,000,548 17,425,561 17,861,200 4,576,933 106,621,941 19,028,674 10,620,544 13,913,834 22,514,382 19,979,943 27,616,793 14,745,426 109,064,716 Penny IV Approved Projects: 924,350 1,698,300 1,778,200 Fire Engines/Ladder Trucks 3,993,500 1,843,990 5,837,490 694,030 742,610 827,220 852,040 877,600 5,837,490 Police Vehicles 1,400,000 1,400,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 1,400,000 Sports Fields & Facilities Upgrades/Improvements 2,650,000 2,650,000 250,000 300,000 2,100,000 2,650,000 Frank Tack Improvements 550,000 550,000 250,000 300,000 550,000 McMullen Tennis Bldg Renovation 2,800,000 2,800,000 700,000 2,100,000 2,800,000 Neighborhood & Community Parks Renovations 1,500,000 1,500,000 100,000 100,000 100,000 100,000 400,000 350,000 350,000 1,500,000 Woodgate Park Renovation 1,800,000 1,800,000 1,800,000 1,800,000 Long Center Renovation 3,000,000 3,000,000 3,000,000 3,000,000 Bicycle Paths & Recreation Trails 1,250,000 1,250,000 1,250,000 1,250,000 Aviation Operations Center 760,000 760,000 760,000 760,000 Environmental Park Upgrades 1,500,000 1,500,000 750,000 750,000 1,500,000 Beach Marina Upgrades 11,500,000 11,500,000 11,500,000 11,500,000 Public Works Complex 12,300,000 12,300,000 4,600,000 2,600,000 5,100,000 12,300,000 City Hall 13,300,000 13,300,000 7,000,000 6,300,000 13,300,000 Clearwater Harbor Marina Replacement/Upgrade 5,000,000 5,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,000,000 Total Proposed Penny Projects 63,303,500 65,147,490 Penny IV Interfund Loan Repayment Schedule Police District III 5,000,000 5,000,000 5,000,000 5,000,000 Waterfront/Bluff Masterplan (Coachman Park)28,500,000 28,500,000 7,500,000 7,000,000 7,000,000 7,000,000 28,500,000 Sports Fields & Facilities (BayCare/Carpenter)6,000,000 6,000,000 6,000,000 6,000,000 102,803,500 1,843,990 104,647,490 24,994,030 13,292,610 8,400,000 19,960,000 10,224,350 17,448,300 10,328,200 104,647,490 (5,965,356)(2,672,066)5,513,834 2,554,382 9,755,593 10,168,493 4,417,226 4,417,226 Replacement/Upgrade of Current Infrastructure 22,850,000 12,350,000 3,200,000 12,260,000 2,100,000 8,550,000 1,350,000 62,660,000 Public Safety Infrastructure/Equipment 894,030 942,610 5,200,000 200,000 1,124,350 1,898,300 1,978,200 12,237,490 New Infrastructure 1,250,000 - - 7,500,000 7,000,000 7,000,000 7,000,000 29,750,000 Estimated Available Balance Fiscal Years 2023/24 - 2029/30 Estimated Penny IV Proceeds Estimated Revenue Planned Project Expenditures CITY OF CLEARWATER NOTICE OF PUBLIC HEARING PENNY FOR PINELLAS PROJECTS CITY COUNCIL MEETING Wednesday, September 6, 2023 6:00 p.m. A public hearing will be held by the City of Clearwater in City Council Chambers, Clearwater Main Library, 100 North Osceola Avenue, Clearwater, Florida, regarding the Penny for Pinellas project list for fiscal years 2023/24 through 2029/30 totaling $104,647,490 to fund capital projects under the Penny for Pinellas plan. Significant changes to the plan include: Fire Engines/Ladder Truck Replacement – The funding for this project is being increased by a total of $1,843,990. This represents cost increases estimated at $443,990 for fire engines planned for purchase in fiscal years 2027/28 through 2029/30; and the addition of a ladder truck budgeted for $1,400,000 planned for replacement in 2029/30 (funded at $700,000 in fiscal years 2028/29 and 2029/30). Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Council, with respect to any matter considered at such hearing, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Rosemarie Call, MMC City of Clearwater City Clerk P.O. Box 4748, Clearwater, FL 33758-4748 A copy of this ad in large print is available in the City Clerk’s Office. Any person with a disability requiring reasonable accommodation in order to participate in this meeting should call (727) 562- 4093 with their request. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9713-23C Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Set final millage rate of 5.8850 mills for fiscal year 2023/24 against non-exempt real and personal property within the City of Clearwater and pass Ordinance 9713-23 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes, which defines requirements for the Determination of Millage and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance to establish the millage rate and the two related budget ordinances are an integral part of fulfilling these requirements. The City Council set a tentative millage rate of 5.8850 mills on July 20, 2023, which is the rate that appeared on the TRIM notices mailed to taxpayers in August. The millage rate of 5.8850 mills represents a 10.27% increase from the rolled back rate of 5.3370 mills. Ordinance 9713-23 is presented in order to adopt the millage rate of 5.8850 mills to support the operating and capital improvement budgets for the 2023/24 fiscal year. Page 1 City of Clearwater Printed on 8/31/2023 Ordinance No. 9713-23 MILLAGE ORDINANCE ORDINANCE NO. 9713-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024, FOR OPERATING PURPOSES INCLUDING THE FUNDING OF PENSIONS, DEBT SERVICE, AND ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES AT 5.8850 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY OF 5.8850 MILLS CONSTITUTES A 10.27% INCREASE FROM THE ROLLED BACK RATE OF 5.3370 MILLS. WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning October 1, 2023, and ending September 30, 2024, from ad valorem taxes is $95,220,000; and WHEREAS, based upon the taxable value provided by the Pinellas County Property Appraiser, 5.8850 mills are necessary to generate $95,220,000; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby determined that a tax of 5.8850 mills against the non-exempt real and personal property within the City is necessary to raise the sums to be appropriated for operation purposes, including pensions, debt service, and road capital improvement projects, for the fiscal year beginning October 1, 2023. Section 2. The levy of 5.8850 mills constitutes a 10.27% increase from the rolled back rate. Section 3. This ordinance shall take effect October 1, 2023. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ________________________________ Brian J. Aungst Sr. Mayor Approved as to form: Attest: _____________________________ _________________________________ David Margolis Rosemarie Call City Attorney City Clerk |1CITY OF CLEARWATER ANNUAL OPERATING & CAPITAL IMPROVEMENT BUDGET myclearwater.com Fiscal Year 2023/24 |2CITY OF CLEARWATER Total Budget (All City Operations) Amended FY 2022/23 Proposed FY 2023/24 % Inc/(Dec) $663,422,466 $724,184,306 9% |3CITY OF CLEARWATER All Funds Fund Amended FY 2022/23 Proposed FY 2023/24 Increase/ (Decrease) General Fund $ 184,419,750 $ 199,458,520 8% Utility Funds 206,590,040 222,666,960 8% Enterprise Funds 27,683,370 30,798,660 11% Internal Service Funds 77,754,940 82,641,940 6% Special Revenue Funds 36,949,943 35,232,546 (5%) Capital Fund 130,024,423 153,385,680 18% |4CITY OF CLEARWATER $0 $3 $6 $9 $12 $15 $18 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 $7.7 $8.2 $9.4 $11.2 $12.7 $15.2 $16.8 Taxable Property Values Billion |5CITY OF CLEARWATER Millage Rate •A “mill” is the property tax levy of $1 per $1,000 of taxable property value •Current Millage Rate 5.8850 mills •Proposed Millage Rate 5.8850 mills • (10.27% greater than rolled-back rate) •The rolled-back rate is the millage rate that will provide the same revenues as prior year if applied to the current tax roll (after adjusting for new construction) •Rolled-back Rate 5.3370 mills |6CITY OF CLEARWATER $0 $10 $20 $30 $40 $50 $60 $70 $80 $90 $100 $38.4 $43.2 $50.4 $68.1 $76.2 $85.0 $95.2 Ad Valorem Tax Revenues Million |7CITY OF CLEARWATER General Fund Revenues Source Amended FY 22/23 Proposed FY 23/24 Inc/(Dec) Ad Valorem Tax $80,964,710 $90,683,430 12% Utility Taxes 17,890,000 18,655,000 4% Other Taxes 6,430,000 6,300,000 (2%) Franchise Fees 11,000,000 11,220,000 2% Intergovernmental 28,768,720 29,859,340 4% Charges for Service 17,218,270 17,368,355 1% Transfers In 12,497,802 13,335,875 7% All Other Revenue 8,860,258 12,036,520 36% Transfer (to)/from Surplus 789,990 0 TOTAL $184,419,750 $199,458,520 8% |8CITY OF CLEARWATER General Fund Expenditures Department Amended FY 22/23 Proposed FY 23/24 Inc/(Dec) Police $ 53,505,918 $56,780,344 6% Fire 33,798,143 35,243,722 4% Parks & Recreation 39,337,937 44,790,781 14% Library 9,445,675 9,110,053 (4%) Planning & Development 7,605,355 8,577,878 13% Public Works 11,780,468 14,559,025 24% Non-Departmental 12,476,346 12,725,240 2% All Other Departments 16,469,908 17,671,477 7% TOTAL $ 184,419,750 $199,458,520 8% |9CITY OF CLEARWATER General Fund - By Category Personnel 61% Operating 16.5% Internal Service 11% Interfund Transfers 10% Debt and Capital 1.5% $199.5 Million |10CITY OF CLEARWATER 1,695.7 1,745.0 1,832.6 1,836.6 1,848.7 1,877.0 1,891.9 0.0 200.0 400.0 600.0 800.0 1,000.0 1,200.0 1,400.0 1,600.0 1,800.0 2,000.0 Full Time Equivalent Positions (All Funds) |11CITY OF CLEARWATER Capital Improvement Fund Utility Operations 48% General Government 24% Internal Service 8% Small Enterprise 20% $153.4 Million |12CITY OF CLEARWATER Homesteaded Property Save Our Homes Cap – 3.0% 2022 2023 Increase Taxable Value $100,000 $103,000 $3,000 City Taxes $588.50 $606.16 $17.66 |13CITY OF CLEARWATER Where your property taxes go - 31% 30% 30% 9%School Board Pinellas County Clearwater Other Agencies |14CITY OF CLEARWATER Public Hearings •Wednesday, September 6 – 6 pm •Thursday, September 21 – 6 pm |15CITY OF CLEARWATER ANNUAL OPERATING & CAPITAL IMPROVEMENT BUDGET myclearwater.com Fiscal Year 2023/24 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9714-23C Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 3.3 SUBJECT/RECOMMENDATION: Approve the City of Clearwater Annual Operating Budget for the 2023/24 fiscal year and pass Ordinance 9714-23 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt the budget. The adoption of this ordinance and the related ordinances adopting the 2023/24 millage rate and the Capital Improvement Budget are an integral part of fulfilling these requirements. On June 30, 2023, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined estimates of revenues and expenditures for the 2023/24 fiscal year. The City Manager presented the preliminary budget at the city council meeting on July 20, 2023, for Council discussion and citizen input. In addition, a Special Budget Work Session was held on August 7, 2023, for Council discussion of the proposed budget. No changes have been made to the Preliminary Operating Budget. Page 1 City of Clearwater Printed on 8/31/2023 Ordinance No. 9714-23 OPERATING BUDGET ORDINANCE ORDINANCE NO. 9714-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONIES AND PROGRAMS AMONG THE DEPARTMENTS AND ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 2 OF THE CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted an estimate of the expenditures necessary to carry on the City government for the fiscal year beginning October 1, 2023, and ending September 30, 2024; and WHEREAS, an estimate of the revenues to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the operating budget, and notice of the times and places where copies of the budget message and operating budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing on September 6, 2023, upon said budget and tax levy; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year beginning October 1, 2023, and ending September 30, 2024, a copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the operation of the City, a copy of which is attached as Exhibit A, and a summary of which is attached as Exhibit B. Ordinance No. 9714-23 Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 3. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the service programs authorized by the adoption of this budget. Section 4. The City Manager is authorized for reasons of economy or efficiency to transfer part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. Section 5. It is the intent of the City Council that this budget, including amendments thereto, is adopted to permit the legal appropriation and encumbering of funds for the purposes set forth in the budget. All appropriated and encumbered but unexpended funds at the end of the fiscal year may be expended during the subsequent fiscal year for the purposes for which they were appropriated and encumbered. It shall be necessary to appropriate funds in the budget for the subsequent fiscal year to cover valid open encumbrances outstanding as of the end of the current fiscal year. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2023. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ________________________________ Brian J. Aungst Sr. Mayor Approved as to form: Attest: ______________________________ ________________________________ David Margolis Rosemarie Call City Attorney City Clerk Page 1 Special Special Other Housing Total General Development Program Assistance Trust Governmental GOVERNMENTAL FUNDS Fund Fund Fund Funds Funds Balances Brought Forward 56,930,220 16,320,354 23,983,662 2,825,169 100,059,405 Budgeted Revenues Ad Valorem Taxes 90,683,430 4,536,570 95,220,000 Utility Taxes 18,655,000 18,655,000 Local Option, Fuel & Other Taxes 6,300,000 18,013,050 24,313,050 Franchise Fees 11,220,000 11,220,000 Other Permits and Fees 3,934,500 3,934,500 Intergovernmental Revenue 29,859,340 913,337 1,660,579 32,433,256 Charges for Services 17,368,355 400,000 17,768,355 Judgments, Fines and Forfeits 1,384,000 1,384,000 Miscellaneous Revenues 6,718,020 950,000 479,000 8,147,020 Transfers In 13,335,875 560,880 13,896,755 Other Financing Sources TOTAL BUDGETED REVENUES 199,458,520 23,899,620 1,953,217 1,660,579 226,971,936 TOTAL REVENUES, TRANSFERS, AND BALANCES 256,388,740 40,219,974 25,936,879 4,485,748 327,031,341 Budgeted Expenditures City Council 553,197 553,197 City Manager's Office 1,085,258 1,085,258 City Attorney's Office 2,488,743 2,488,743 City Audit 461,573 461,573 City Clerk 1,420,406 1,420,406 City Clerk 982,526 982,526 Economic Development and Housing 2,146,301 2,146,301 Finance 3,142,043 3,142,043 Fire 35,243,722 35,243,722 Human Resources 2,181,218 2,181,218 Library 9,110,053 9,110,053 Non-Departmental 12,725,240 12,725,240 Office of Innovation 1,003,260 1,003,260 Parks and Recreation 44,790,781 44,790,781 Planning and Development 8,577,878 8,577,878 Police 56,780,344 252,000 57,032,344 Public Communications 1,761,372 1,761,372 Public Utilities 445,580 445,580 Public Works 14,559,025 14,559,025 General Government Services 237,380 237,380 Economic Environment 551,926 1,211,435 1,763,361 Human Services 1,500 1,500 Culture and Recreation 70,000 70,000 Transfers Out 32,097,750 361,411 449,144 32,908,305 TOTAL BUDGETED EXPENDITURES 199,458,520 32,097,750 1,474,217 1,660,579 234,691,066 Fund Balances/Reserves/Net Assets 56,930,220 8,122,224 24,462,662 2,825,169 92,340,275 TOTAL EXPENDITURES AND BALANCES 256,388,740 40,219,974 25,936,879 4,485,748 327,031,341 EXHIBIT A CITY OF CLEARWATER 2023-24 BUDGET Ordinance No. 9714-23 Page 2 Water Stormwater Solid Waste Total & Sewer Utility & Recycling Gas Utility UTILITY FUNDS Fund Fund Fund Fund Funds Balances Brought Forward 144,601,132 36,895,382 28,947,148 1,818,888 212,262,550 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees 1,350 1,350 Intergovernmental Revenue Charges for Services 107,302,650 17,720,120 30,388,180 51,351,740 206,762,690 Judgments, Fines and Forfeits 275,000 73,000 103,000 100,000 551,000 Miscellaneous Revenues 3,502,200 891,000 1,468,280 691,290 6,552,770 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 111,079,850 18,684,120 31,960,810 52,143,030 213,867,810 TOTAL REVENUES, TRANSFERS, AND BALANCES 255,680,982 55,579,502 60,907,958 53,961,918 426,130,360 Budgeted Expenditures Water & Sewer Fund Public Utilities Administration 4,313,747 4,313,747 Wastewater Collection 25,665,870 25,665,870 Infrastructure Maintenance 9,130,868 9,130,868 WW Environmental Technologies 21,999,320 21,999,320 City Clerk 579,767 579,767 Industrial Pretreatment 1,023,207 1,023,207 Water Distribution 26,223,970 26,223,970 Water Supply 22,621,229 22,621,229 Reclaimed Water 3,336,862 3,336,862 Stormwater Fund Stormwater Management 11,487,288 11,487,288 Stormwater Maintenance 6,197,862 6,197,862 Solid Waste & Recycling Fund Administration 8,288,520 8,288,520 Solid Waste Collection 20,410,477 20,410,477 Solid Waste Transfer 2,441,444 2,441,444 Solid Waste Container Maintenance 876,229 876,229 Recycling Residential 1,477,411 1,477,411 Recycling Multi Family 394,181 394,181 Recycling Commercial 2,465,568 2,465,568 Gas Fund Administration and Supply 25,436,036 25,436,036 Pinellas Gas Operations 13,420,262 13,420,262 Pasco Gas Operations 8,417,065 8,417,065 Gas Marketing and Sales 6,459,777 6,459,777 TOTAL BUDGETED EXPENDITURES 114,894,840 17,685,150 36,353,830 53,733,140 222,666,960 Fund Balances/Reserves/Net Assets 140,786,142 37,894,352 24,554,128 228,778 203,463,400 TOTAL EXPENDITURES AND BALANCES 255,680,982 55,579,502 60,907,958 53,961,918 426,130,360 EXHIBIT A CITY OF CLEARWATER 2023-24 BUDGET Ordinance No. 9714-23 Page 3 Clearwater Total Harbor Other Airpark Marine Marine Parking Enterprise OTHER ENTERPRISE FUNDS Fund Fund Fund Fund Funds Balances Brought Forward 269,706 4,368,750 3,830,070 27,363,923 35,832,449 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue Charges for Services 5,895,430 1,033,500 9,849,484 16,778,414 Judgments, Fines and Forfeits 1,000 500 1,357,706 1,359,206 Miscellaneous Revenues 262,000 530,500 102,500 518,000 1,413,000 Transfers In 15,000 15,000 Other Financing Sources TOTAL BUDGETED REVENUES 262,000 6,441,930 1,136,500 11,725,190 19,565,620 TOTAL REVENUES, TRANSFERS, AND BALANCES 531,706 10,810,680 4,966,570 39,089,113 55,398,069 Budgeted Expenditures Airpark Fund Airpark Operations 173,760 173,760 Marine Fund City Clerk 7,007,270 7,007,270 Clearwater Harbor Marine Fund Clearwater Harbor Marina Operations 1,130,850 1,130,850 Parking Fund Public Works/Parking System 19,925,598 19,925,598 Public Works/Parking Enforcement 1,109,050 1,109,050 Fire Department/Beach Guard Operations 1,293,527 1,293,527 Marine&Aviation/Seminole Street Boat Ramp 158,605 158,605 TOTAL BUDGETED EXPENDITURES 173,760 7,007,270 1,130,850 22,486,780 30,798,660 Fund Balances/Reserves/Net Assets 357,946 3,803,410 3,835,720 16,602,333 24,599,409 TOTAL EXPENDITURES AND BALANCES 531,706 10,810,680 4,966,570 39,089,113 55,398,069 EXHIBIT A CITY OF CLEARWATER 2023-24 BUDGET Ordinance No. 9714-23 Page 4 Administrative General Central Service Service Garage Insurance INTERNAL SERVICE FUNDS Fund Fund Fund Fund Total Balances Brought Forward 5,522,079 11,191,963 11,094,508 13,916,522 41,725,072 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue Charges for Services 16,982,400 6,980,520 18,748,510 37,633,320 80,344,750 Judgments, Fines and Forfeits Miscellaneous Revenues 416,000 375,000 753,000 844,000 2,388,000 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 17,398,400 7,355,520 19,501,510 38,477,320 82,732,750 TOTAL REVENUES, TRANSFERS, AND BALANCES 22,920,479 18,547,483 30,596,018 52,393,842 124,457,822 Budgeted Expenditures Administrative Services Fund Info Tech/Administration 679,033 679,033 Info Tech/Network Operations & Support 4,642,827 4,642,827 Info Tech/Network Security & Architecture 2,839,489 2,839,489 City Clerk 3,709,424 3,709,424 Info Tech/Enterprise Systems & Training 934,558 934,558 Public Communications/Courier 206,143 206,143 Finance/Utility Customer Service 4,249,296 4,249,296 General Services Fund Administration 432,172 432,172 Building and Maintenance 6,873,858 6,873,858 Garage Fund Fleet Maintenance 17,909,676 17,909,676 Radio Communications 1,692,334 1,692,334 Central Insurance Fund Finance/Risk Management 456,593 456,593 Human Resources/Employee Benefits 464,359 464,359 Human Resources/Employee Health Center 1,730,900 1,730,900 Non-Departmental 35,821,278 35,821,278 TOTAL BUDGETED EXPENDITURES 17,260,770 7,306,030 19,602,010 38,473,130 82,641,940 Fund Balances/Reserves/Net Assets 5,659,709 11,241,453 10,994,008 13,920,712 41,815,882 TOTAL EXPENDITURES AND BALANCES 22,920,479 18,547,483 30,596,018 52,393,842 124,457,822 EXHIBIT A CITY OF CLEARWATER 2023-24 BUDGET Ordinance No. 9714-23 Page 1 Total Total Total Total Other Internal Total Governmental Utility Enterprise Service All ALL FUNDS Funds Funds Funds Funds Funds Balances Brought Forward 100,059,405 212,262,550 35,832,449 41,725,072 389,879,476 Budgeted Revenues Ad Valorem Taxes 95,220,000 95,220,000 Utility Taxes 18,655,000 18,655,000 Local Option, Fuel & Other Taxes 24,313,050 24,313,050 Franchise Fees 11,220,000 11,220,000 Other Permits and Fees 3,934,500 1,350 3,935,850 Intergovernmental Revenue 32,433,256 32,433,256 Charges for Services 17,768,355 206,762,690 16,778,414 80,344,750 321,654,209 Judgments, Fines and Forfeits 1,384,000 551,000 1,359,206 3,294,206 Miscellaneous Revenues 8,147,020 6,552,770 1,413,000 2,388,000 18,500,790 Transfers In 13,896,755 15,000 13,911,755 Other Financing Sources TOTAL BUDGETED REVENUES 226,971,936 213,867,810 19,565,620 82,732,750 543,138,116 TOTAL REVENUES, TRANSFERS, AND BALANCES 327,031,341 426,130,360 55,398,069 124,457,822 933,017,592 Budgeted Expenditures City Council 553,197 553,197 City Manager's Office 1,085,258 1,085,258 City Attorney's Office 2,488,743 2,488,743 City Audit 461,573 461,573 City Clerk 1,420,406 1,420,406 CRA Administration 982,526 982,526 Economic Development and Housing 2,146,301 2,146,301 Finance 3,142,043 3,142,043 Fire 35,243,722 35,243,722 Human Resources 2,181,218 2,181,218 Library 9,110,053 9,110,053 Non-Departmental 12,725,240 12,725,240 Office of Innovation 1,003,260 1,003,260 Parks and Recreation 44,790,781 44,790,781 Planning and Development 8,577,878 8,577,878 Police 57,032,344 57,032,344 Public Communications 1,761,372 1,761,372 Public Services 445,580 445,580 Public Works 14,559,025 14,559,025 General Government Services 237,380 237,380 Economic Environment 1,763,361 1,763,361 Human Services 1,500 1,500 Culture and Recreation 70,000 70,000 Transfers Out 32,908,305 32,908,305 Water & Sewer Fund Expenditures Public Utilities Administration 4,313,747 4,313,747 Wastewater Collection 25,665,870 25,665,870 Infrastructure Maintenance 9,130,868 9,130,868 WW Environmental Technologies 21,999,320 21,999,320 Laboratory Operations 579,767 579,767 Industrial Pretreatment 1,023,207 1,023,207 Water Distribution 26,223,970 26,223,970 Water Supply 22,621,229 22,621,229 Reclaimed Water 3,336,862 3,336,862 Stormwater Fund Stormwater Management 11,487,288 11,487,288 Stormwater Maintenance 6,197,862 6,197,862 EXHIBIT B CITY OF CLEARWATER 2023-24 BUDGET Ordinance No. 9714-23 Page 2 Total Total Total Total Other Internal Total Governmental Utility Enterprise Service All ALL FUNDS Funds Funds Funds Funds Funds Budgeted Expenditures Solid Waste & Recycling Fund Administration 8,288,520 8,288,520 Solid Waste Collection 20,410,477 20,410,477 Solid Waste Transfer 2,441,444 2,441,444 Solid Waste Container Maintenance 876,229 876,229 Recycling Residential 1,477,411 1,477,411 Recycling Multi Family 394,181 394,181 Recycling Commercial 2,465,568 2,465,568 Gas Fund Administration and Supply 25,436,036 25,436,036 Pinellas Gas Operations 13,420,262 13,420,262 Pasco Gas Operations 8,417,065 8,417,065 Gas Marketing and Sales 6,459,777 6,459,777 Airpark Fund Airpark Operations 173,760 173,760 Marine Fund Marina Operations 7,007,270 7,007,270 Clearwater Harbor Marine Fund Clearwater Harbor Marina Operations 1,130,850 1,130,850 Parking Fund Public Works/Parking System 19,925,598 19,925,598 Public Works/Parking Enforcement 1,109,050 1,109,050 Fire Department/Beach Guard Operations 1,293,527 1,293,527 Marine&Aviation/Seminole Street Boat Ramp 158,605 158,605 Administrative Services Fund Info Tech/Administration 679,033 679,033 Info Tech/Network Operations & Support 4,642,827 4,642,827 Info Tech/Network Security & Architecture 2,839,489 2,839,489 Info Tech/Solutions & Programming 3,709,424 3,709,424 Info Tech/Enterprise Systems & Training 934,558 934,558 Public Communications/Courier 206,143 206,143 Finance/Utility Customer Service 4,249,296 4,249,296 General Services Fund Administration 432,172 432,172 Building and Maintenance 6,873,858 6,873,858 Garage Fund Fleet Maintenance 17,909,676 17,909,676 Radio Communications 1,692,334 1,692,334 Central Insurance Fund Finance/Risk Management 456,593 456,593 Human Resources/Employee Benefits 464,359 464,359 Human Resources/Employee Health Center 1,730,900 1,730,900 Non-Departmental 35,821,278 35,821,278 TOTAL BUDGETED EXPENDITURES 234,691,066 222,666,960 30,798,660 82,641,940 570,798,626 Fund Balances/Reserves/Net Assets 92,340,275 203,463,400 24,599,409 41,815,882 362,218,966 TOTAL EXPENDITURES AND BALANCES 327,031,341 426,130,360 55,398,069 124,457,822 933,017,592 2023-24 BUDGET EXHIBIT B CITY OF CLEARWATER Ordinance No. 9714-23 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9715-23C Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 3.4 SUBJECT/RECOMMENDATION: Approve the fiscal year 2023/24 Annual Capital Improvement Budget, establish a six-year plan for the Capital Improvement Program (CIP), and pass Ordinance 9715-23 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearing to adopt the final budget. The adoption of this ordinance and the related ordinances adopting the 2023/24 millage rate and operating budget are an integral part of fulfilling these requirements. On June 30, 2023, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined estimates of revenues and expenditures for the 2023/24 fiscal year. The City Manager presented the preliminary budget at the city council meeting on July 20, 2023, for council discussion and citizen input. In addition, a Special Budget Work Session was held on August 7, 2023, for council discussion of the proposed budget. No changes have been made to the Preliminary Capital Improvement Budget. Page 1 City of Clearwater Printed on 8/31/2023 Ordinance No. 9715-23 CAPITAL IMPROVEMENT ORDINANCE ORDINANCE NO. 9715-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024; APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT PROGRAM WHICH SHALL BE REEVALUATED AT THE BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE CAPITAL IMPROVEMENTS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONEY BETWEEN PROJECTS IN THE CAPITAL IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE AND ANTICIPATED RESOURCES FOR THE PROJECTS IDENTIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted a proposed Six-Year Capital Improvement Program, and has submitted an estimate of the amount of money necessary to carry on said Capital Improvement Program for the fiscal year beginning October 1, 2023, and ending September 30, 2024; and WHEREAS, an estimate of the resources available and income to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the Capital Improvement Budget, and notice of the times and places when copies of the budget message and capital budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing upon said proposed budget on September 6, 2023; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Pursuant to the Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2023, and ending September 30, 2024, a copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the Ordinance No. 9715-23 capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. The Six-Year Capital Improvement Program and Budget, a summary of which is attached hereto, marked Exhibit B, is approved in its present form, but prior to the beginning of each fiscal year the City Council shall reevaluate priorities, hold public hearings and formally adopt additions or corrections thereto. Section 3. The budget as adopted shall stand and be the Capital Improvement Program Budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 4. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the capital improvements authorized by the adoption of this budget. Section 5. The City Manager is authorized to transfer appropriations within the capital budget, provided such transfer does not result in changing the scope of any project or the fund source included in the adopted capital budget. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2023. PASSED ON FIRST READING AS AMENDED _____________________ PASSED ON SECOND READING _____________________ AND ADOPTED ________________________________ Brian J. Aungst SR. Mayor Approved as to form: Attest: _____________________________ ________________________________ David Margolis Rosemarie Call City Attorney City Clerk Budgeted Revenues GENERAL SOURCES:2023/24 General Operating Revenue 16,456,290 Penny for Pinellas 24,994,030 Road Millage 4,536,570 Local Option Fuel Tax 1,427,150 Grants 1,656,000 County Fire Reimbursements 387,780 Donations 150,000 Reimbursement Revenue 1,515,000 Multi-Modal Impact Fees 1,140,000 SELF SUPPORTING FUNDS: Parking Revenue 14,025,000 Marine Revenue 1,150,000 Clearwater Harbor Marina Fund 175,000 Airpark Revenue 35,000 Utility System: Water Revenue 17,583,790 Sewer Revenue 14,308,780 Utility R & R 13,816,850 Water Impact Fees 160,000 Sewer Impact Fees 50,000 Stormwater Utility Revenue 7,639,740 Gas Revenue 12,725,000 Solid Waste Revenue 7,200,000 INTERNAL SERVICE FUNDS: Garage Revenue 429,500 Administrative Services Revenue 1,475,000 General Services Fund 100,000 Central Insurance Fund 175,000 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 9,624,200 Lease Purchase - Administrative Services 450,000 TOTAL ALL FUNDING SOURCES:$153,385,680 CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2023/24 Exhibit A Ordinance No. 9715-23 Budgeted Expenditures FUNCTION:2023/24 Other General Government 22,363,700 Police Protection 355,000 Fire Protection 1,006,030 Fire Rescue Services 593,000 Gas Utility Services 12,725,000 Solid Waste Services 7,200,000 Water-Sewer Services 40,427,330 Flood Protection/Stormwater Mgmt 5,942,140 Other Physical Environment 4,420,980 Road and Street Facilities 14,177,970 Airports 3,065,000 Water Transportation Systems 150,000 Parking Facilities 13,909,000 Other Transportation 70,000 Libraries 110,000 Parks & Recreation 4,455,000 Cultural Services 40,000 Special Recreation Facilities 22,375,530 TOTAL PROJECT EXPENDITURES $153,385,680 Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2023/24 Ordinance No. 9715-23 Function 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 Total Other General Government 22,363,700 22,258,890 16,028,580 16,289,000 16,576,460 17,007,280 110,523,910 Police Protection 355,000 345,000 1,971,050 335,000 2,261,050 335,000 5,602,100 Fire Protection 1,006,030 2,000,020 284,020 2,211,270 1,409,240 2,224,600 9,135,180 Fire Rescue Services 593,000 304,500 377,320 630,920 284,080 750,000 2,939,820 Gas Utility Services 12,725,000 9,725,000 7,875,000 7,875,000 7,875,000 7,875,000 53,950,000 Solid Waste Services 7,200,000 7,200,000 450,000 450,000 450,000 - 15,750,000 Water-Sewer Services 40,427,330 47,847,170 62,451,140 64,489,980 66,597,710 69,192,890 351,006,220 Flood Protection/ Stormwater Mgmt 5,942,140 2,538,700 4,626,850 3,885,230 5,161,820 8,033,780 30,188,520 Other Physical Environment 4,420,980 22,279,390 17,136,980 23,259,280 17,941,430 15,830,930 100,868,990 Road and Street Facilities 14,177,970 22,982,620 23,925,690 20,138,860 18,345,950 10,358,540 109,929,630 Airports 3,065,000 35,000 3,035,000 5,435,000 35,000 35,000 11,640,000 Water Transportation Systems 150,000 150,000 150,000 150,000 150,000 150,000 900,000 Parking Facilities 13,909,000 36,609,000 424,000 524,000 424,000 424,000 52,314,000 Other Transportation 70,000 70,000 70,000 70,000 70,000 115,000 465,000 Libraries 110,000 110,000 110,000 110,000 110,000 110,000 660,000 Parks & Recreation 4,455,000 4,456,000 2,720,000 4,522,500 3,977,500 5,543,000 25,674,000 Cultural Services 40,000 40,000 40,000 40,000 40,000 - 200,000 Special Recreation Facilities 22,375,530 10,339,500 6,909,000 4,381,000 5,494,000 5,931,000 55,430,030 153,385,680 189,290,790 148,584,630 154,797,040 147,203,240 143,916,020 937,177,400 Exhibit B Schedule of Planned Expenditures CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY BY FUNCTION FY 2023-2024 THROUGH FY 2028-2029 Ordinance No. 9715-23 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1051 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve the 2023 Affordable Housing Inventory List pursuant to requirements of Chapter 166.0451, Florida Statutes; adopt Resolution 23-13 and authorize the appropriate officials to execute same. SUMMARY: The 2006 Legislature amended Chapter 166, Florida Statutes, adding Section 166.0451 entitled "Disposition of municipal property for affordable housing." Section (1) of the statute, as amended, requires that by October 1, 2023, and every three years thereafter, each municipality shall prepare an inventory list of all real property within its jurisdiction to which the municipality or any dependent special district within its boundaries holds fee simple title which is appropriate for use as affordable housing. Therefore, the 2023 Affordable Housing Inventory List includes the address and legal description of each property and specifies whether the property is vacant or improved. The state statute includes that the governing body of each municipality must review the proposed affordable housing inventory list at a public hearing and may revise the list at the conclusion of the hearing. Following the public hearing, the local governing body must adopt a resolution that includes an inventory list of such property deemed appropriate for affordable housing development. The previous list was approved by City Council in 2022 and included a total of eight properties. Resolution 23-13, as drafted, proposes 31 parcels, or 11 tracts of land, to which the City or the city’s Community Redevelopment Agency holds title, as appropriate for use as affordable housing. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/31/2023 Resolution No. 23-13 RESOLUTION 23-13 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DETERMINING THE CITY HOLDS FEE SIMPLE TITLE IN AND TO THIRTY-ONE PARCELS OF LAND LYING AND BEING SITUATE WITHIN ITS CORPORATE LIMITS THAT ARE APPROPRIATE FOR USE AS AFFORDABLE HOUSING AS DEFINED IN SECTION 166.0451, FLORIDA STATUTES; ESTABLISHING AN INVENTORY LISTING OF SAID PARCELS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 166.0451, Florida Statutes, as amended requires that by October 1, 2023, and every three years thereafter, each municipality within the State of Florida shall prepare an inventory list of all real property within its jurisdiction to which the municipality or any dependent special district within its boundaries holds fee simple title that is appropriate for use as affordable housing; and WHEREAS, the inventory list must include the address and legal description of each such property and specify whether the property is vacant or improved; and WHEREAS, the governing body of the municipality must review the inventory list at a public hearing, and may revise it at the conclusion of the public hearing; and WHEREAS, the City Council now desires to formally establish the 2023 Affordable Housing Inventory List of real property deemed appropriate for use as affordable housing as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the following thirty-one (31) parcels of vacant land as more particularly described in EXHIBIT “A”, attached hereto and incorporated herein, are hereby determined to be appropriate for use as affordable housing as defined in Section 166.0451 and 420.0004, Florida Statutes. Section 2. That the City or the City of Clearwater Community Redevelopment Agency holds fee simple title in and to all of said parcels. Section 3. That the inventory listing of the herein described parcels of land shall be titled the “2023 Affordable Housing Inventory List”. Section 4. That the City Clerk is hereby directed to record this Resolution in the Public Records of Pinellas County, Florida. Resolution No. 23-13 Section 5. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _____ day of _________________, 2023. _____________________________ Brian Aungst, Sr., Mayor Approved as to form: Attest: ______________________________ ______________________________ Matthew J. Mytych, Esq. Rosemarie Call, City Clerk Assistant City Attorney Resolution No. 23-13 EXHIBIT “A” 2022 AFFORDABLE HOUSING INVENTORY LIST 314 S MADISON MAC DIXSONS SUBDIVISION LOT 3 15/29/15/21672/000/0030 VACANT 828 NATHANS LN MEDITERRANEAN VILLAGE IN THE PARK LOT P71 15/29/15/57010/000/0710 VACANT 830 NATHANS LN MEDITERRANEAN VILLAGE IN THE PARK LOT P- 70 15/29/15/57010/000/0700 VACANT 832 NATHANS LN MEDITERRANEAN VILLAGE IN THE PARK LOT P- 69 15/29/15/57010/000/0690 VACANT 834 NATHANS LN MEDITERRANEAN VILLAGE IN THE PARK LOT P- 68 15/29/15/57010/000/0680 VACANT 835 NATHANS LN MEDITERRANEAN VILLAGE IN THE PARK LOT P- 72 15/29/15/57010/000/0720 VACANT 836 NATHANS LN MEDITERRANEAN VILLAGE IN THE PARK LOT P- 67 15/29/15/57010/000/0670 VACANT 837 NATHANS LN MEDITERRANEAN VILLAGE IN THE PARK LOT P- 73 15/29/15/57010/000/0730 VACANT 838 NATHANS LN MEDITERRANEAN VILLAGE IN THE PARK LOT P- 66 15/29/15/57010/000/0660 VACANT 839 NATHANS LN MEDITERRANEAN VILLAGE IN THE PARK LOT P- 74 15/29/15/57010/000/0740 VACANT 840 NATHANS LN MEDITERRANEAN VILLAGE IN THE PARK LOT P- 65 15/29/15/57010/000/0650 VACANT 1351 CLEVELAND ST OVERBROOK BLK 3, LOTS 5, 6, 15 & 16 15/29/15/64890/003/0050 VACANT Resolution No. 23-13 1359 CLEVELAND ST OVERBROOK BLK 3, LOTS 1,2,3 AND 4 VACANT 15/29/15/64890/003/0010 14 S EVERGREEN AVE OVERBROOK BLK 3, LOTS 19 AND 20 15/29/15/64890/003/0190 VACANT 1356 PARK ST OVERBROOK BLK 3, LOTS 17 AND 18 15/29/15/64890/003/0170 VACANT 900 PALMETTO ST JURGEN'S ADD TO CLEARWATER BLK F, LOTS 4 & 5 10/29/15/45000/006/0040 VACANT 406 VINE AVE. DREW PARK LOT 8 10/29/15/22518/000/0080 VACANT 1321 N MLK JR. AVE GREENWOOD PARK BLK C, LOT 17 10/29/15/33534/003/0170 VACANT 1317 N MLK JR. AVE GREENWOOD PARK BLK C, LOT 18 10/29/15/33534/003/0180 VACANT 1106 TANGERINE ST GREENWOOD PARK BLK C, LOT 19 10/29/15/33534/003/0190 VACANT 1313 N MLK JR. AVE GREENWOOD PARK NO. 2 BLK D, LOT 32 10/29/15/33552/004/0320 VACANT 1011 ENGMAN ST PALM PARK BLK D, LOTS 5,6 AND 7 10/29/15/65718/004/0050 VACANT 1017 ENGMAN ST PALM PARK BLK D, LOT 8 LESS E 10FT FOR R/W 10/29/15/65718/004/0080 VACANT 1050 N MLK JR. AVE PALM PARK UNNUMBERED BLK, S 1/2 OF LOT 31 LESS RD R/W 10/29/15/65718/000/0311 1010 N MLK JR. AVE PALM PARK UNNUMBERED BLK, S 50FT OF E 100FT OF LOT 32 LESS RD R/W ON E 10/29/15/65718/000/0325 VACANT 0 PENNSYLVANIA AVE PALM PARK UNNUMBERED BLK, S 50FT OF W 100FT OF LOT 32 10/29/15/65718/000/0321 VACANT VACANT 1004 GRANT ST. NORWOOD 1ST ADD BLK B, LOT 7 10/29/15/61758/002/0070 Resolution No. 23-13 1002 GRANT ST. NORWOOD 1ST ADD BLK B, LOT 6 10/29/15/61758/002/0060 VACANT 1007 MARSHALL ST. NORWOOD 1ST ADD BLK B, N 1/2 OF LOT 8 10/29/15/61758/002/0081 VACANT 1006 GRANT ST. NORWOOD 1ST ADD BLK B, S 1/2 OF LOT 8 10/29/15/61758/002/0080 VACANT 1423 TAFT AVE. LINCOLN PLACE BLK 1, LOT 16 10/29/15/51948/001/0160 VACANT 2023 Affordable Housing Inventory List City-Owned Property Review 314 S Madison Summary: Zoning: D (LU-CBD) Flood: X Department Owner: City General Size: 7,500 SF PID: 15-29-15-21672-000-0030 Density: 8 Units *Requires Developer to acquire additional property to include in assemblage NW Quad of S Prospect Ave & Park St 828 Nathans Ln, 830 Nathans Ln, 832 Nathans Ln, 834 Nathans Ln, 835 Nathans Ln, 836 Nathans Ln, 837 Nathans Ln, 838 Nathans Ln, 839 Nathans Ln, 840 Nathans Ln Summary: Zoning: D (LU- CBD) Flood: X Department Owner: CRA Size: 26,000 SF PID: 15-29-15-57010-000-0660, 15-29-15-57010-000-0710 15-29-15-57010-000-0700, 15-29-15-57010-000-0690, 15-29-15-57010-000-0680, 15-29-15-57010-000-0720, 15-29-15-57010-000-0670, 15-29-15-57010-000-0730, 15-29-15-57010-000-0650, 15-29-15-57010-000-0740 Density: 29 units NW Quad of S Evergreen Ave & Cleveland St 1351 Cleveland St, 1359 Cleveland St, 14 S Evergreen Ave, 1356 Park St Summary: Zoning: D (LU-CBD) Flood: X/AE (50’ West Side in Flood Zone) Department Owner: CRA Size: 10,500 SF PID: 15-29-15-64890-003-0050, 15-29-15-64890-003-0010 15-29-15-64890-003-0190, 15-29-15-64890-003-0170 Density: 8 Units Mixed-Use Preferred 900 Palmetto St Summary: Zoning: C (LU-CG) Flood: X Department Owner: City General Size: 7,881 SF PID: 10-29-15-45000-006-0040 Density: 4 Units 406 Vine Ave Summary: Zoning: MDR (LU- RM) Flood: X Department Owner: City General Size: 5,000 SF PID: 10-29-15-22518-000-0080 Density: 1 Unit NE Quad Tangerine & N MLK Jr. Ave 1321 N MLK Jr. Ave, 1317 N MLK Jr. Ave, 1106 Tangerine St Summary: Zoning: C (LU- CG) Flood: X Department Owner: City General Size: 11,290 SF PID: 10-29-15-33534-003-0170, 10-29-15-33534-003-0180 10-29-15-33534-003-0190 Density: 6 Units Mixed Use Required SE Quad Tangerine & N MLK Jr. Ave 1313 N MLK Jr. Ave Summary: Zoning: C (LU- CG) Flood: X Department Owner: City General Size: 3825 SF PID: 10-29-15-33552-004-0320 Density: 2 Units Mixed-Use Required SW Quad Engman St & N MLK Jr. Ave 1011 Engman St & 1017 Engman St Summary: Zoning: C/MDR (LU- CG/RM) Flood: X Department Owner: City General Size: 22,500 SF PID: 10-29-15-65718-004-0050, 10-29-15-65718-004-0080 Density: 12 Units Mixed-Use Required 1050 N MLK Jr. Ave Summary: Zoning: C (LU- CG) Flood: AE Department Owner: City General Size: 14,383 SF PID: 10-29-15-65718-000-0311 Density: 7 Units Mixed-Use Required 1010 N MLK Jr Ave & 0 Pennsylvania Ave Summary: Zoning: C (LU-CG) Flood: AE Department Owner: City General Size: 9,500 SF PID: 10-29-15-65718-000-0325, 10-29-15-65718-000-0321 Density: 5 Units Mixed-Use Required NW Quad Grant and MLK 1002 Grant St, 1004 Grant St, 1006 Grant St, 1007 Marshall St, 1423 Taft Ave Summary: Zoning: MDR (LU-RU/RM) Flood: X Department Owner: City General Size: 19,234 SF PID: 10-29-15-61758-002-0080, 10-29-15-61758-002-0081 10-29-15-61758-002-0070, 10-29-15-51948-001-0160, 10-29-15-61758-002-0060 Density: 3 Units Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1107 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Appoint 11 members to the Affordable Housing Advisory Committee, including 1 member of City Council as a locally elected official, and adopt Resolution 23-12. SUMMARY: Florida Statute Section 420.9076 states that counties and cities receiving State Housing Initiatives Partnership (SHIP) program funds are required to establish annually an Affordable Housing Advisory Committee (AHAC) and prepare a Local Housing Incentive Strategy (LHIS). The statute further provides that the committee be made up of 11 members appointed by the City. The 11 members must represent a specific industry or a specific group. The required groups and recommended individuals are listed below: ·Banking industry/mortgage: Robyn Fiel ·Area of labor engaged in home building: VACANT ·Advocate for low-income person: Linda Byars ·Not-for-profit provider of affordable housing: Kevin Chinault ·Real estate professional engaged in affordable housing: Lindsay Dicus-Harrison ·Representative of employers: Camille Hebting ·Clearwater resident: Carmen Santiago ·Essential Services representative: Jacqueline Rivera ·Residential home building: Pierre Cournoyer ·Member of the local planning agency: TO BE RECOMMENDED BY COMMUNITY DEVELOPMENT BOARD ON 8/30 ·Locally elected official: TO BE DETERMINED BY CITY COUNCIL The duties of the Affordable Housing Advisory Committee shall include reviewing policies and procedures, ordinances, land development regulations and the City’s adopted comprehensive plan and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The LHIS must be submitted to City Council by December 31, 2023, and will encompass the definition, vision, strategic focus areas, and action plan (including potential amendments to procedures and existing regulations) in order to facilitate the development of affordable housing in the city. The AHAC will sunset upon acceptance by Council of the 2023 Local Housing Incentive Strategies report. Page 1 City of Clearwater Printed on 8/31/2023 Resolution No. 23-12 RESOLUTION NO. 23-12 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPOINTING THE AFFORDABLE HOUSING ADVISORY COMMITTEE (“COMMITTEE”) IN ACCORDANCE WITH FLORIDA STATUTE SECTION 420.9076, AND REQUIRED FOR PURPOSES OF THE STATE HOUSING INITIATIVES PARTNERSHIP (“SHIP”) PROGRAM; PROVIDING THAT THE CITY’S NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD (“NAHAB”) AMONG SEVERAL OTHER INDIVIDUALS SHALL SERVE AS SAID COMMITTEE; APPOINTING EXISTING NAHAB MEMBERS TO THE COMMITTEE; APPOINTING ADDITIONAL MEMBERS TO THE COMMITTEE IN ACCORDANCE WITH SECTION 2.228, CODE OF ORDINANCES OF THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the State Housing Initiatives Partnership Act (the “Act”) also known as the William E. Sadowski Affordable Housing Act, which allocates a portion of new and existing documentary stamp taxes on deeds to local governments for development of affordable housing through the SHIP Program; and WHEREAS, the Act requires that in order to receive SHIP funds, the local government shall appoint an Affordable Housing Advisory Committee to recommend monetary and non-monetary incentives for the Affordable Housing Incentive Plan and that its members be appointed by resolution; and it is desirable that the City Neighborhood and Affordable Housing Advisory Board (“NAHAB”) among several other individuals serve on the Affordable Housing Advisory Committee; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1: That the following members of the Neighborhood and Affordable Housing Advisory Board are hereby appointed, for a term ending upon City Council adoption of the 2023 Local Housing Incentive Strategy (anticipated prior to December 31, 2023), as members of the Affordable Housing Advisory Committee: • Robyn Fiel representing the banking or mortgage industry in connection with affordable housing • Linda Byars as an advocate for low-income persons in connection with affordable housing • Lindsay Dicus-Harrison representing those who are actively engaged as a real estate professional in connection with affordable housing • Carmen Santiago as citizen who resides within the City of Clearwater • Camille Hebting representing employers within the City of Clearwater • Kevin Chinault representing a not-for-profit provider of affordable housing Resolution No. 23-12 • VACANT representing those areas of labor engaged in home building in connection with affordable housing SECTION 2: That the following persons are hereby appointed, for a term ending upon City Council adoption of the 2023 Local Housing Incentive Strategy, to the Affordable Housing Advisory Committee: • Pierre Cournoyer representing the residential home building industry • ___________________________who serves on the City of Clearwater’s local planning agency • Jacqueline Rivera representing essential services personnel • ___________________________ as a locally elected official SECTION 3: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 17th day of August 2023. Approved on ______ day of __________, 2023. ____________________________ Brian J. Aungst, Sr. Mayor Approved as to form: Attest: __________________________ ____________________________ Mathew J. Mytych. Esq. Rosemarie Call Assistant City Attorney City Clerk 8/24/22, 10:05 AM Statutes & Constitution :View Statutes : Online Sunshine www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0420/Sections/0420.9076.html 1/3 Select Year: 2022 Go The 2022 Florida Statutes Title XXX SOCIAL WELFARE Chapter 420 HOUSING View Entire Chapter 420.9076 Adoption of affordable housing incentive strategies; committees.— (1) Each county or eligible municipality participating in the State Housing Initiatives Partnership Program, including a municipality receiving program funds through the county, or an eligible municipality must, within 12 months after the original adoption of the local housing assistance plan, amend the plan to include local housing incentive strategies as defined in s. 420.9071(18). (2) The governing board of a county or municipality shall appoint the members of the affordable housing advisory committee. Pursuant to the terms of any interlocal agreement, a county and municipality may create and jointly appoint an advisory committee. The local action adopted pursuant to s. 420.9072 which creates the advisory committee and appoints the advisory committee members must name at least 8 but not more than 11 committee members and specify their terms. Effective October 1, 2020, the committee must consist of one locally elected official from each county or municipality participating in the State Housing Initiatives Partnership Program and one representative from at least six of the categories below: (a) A citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) A citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) A citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) A citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) A citizen who is actively engaged as a for-profit provider of affordable housing. (f) A citizen who is actively engaged as a not-for-profit provider of affordable housing. (g) A citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the local planning agency is comprised of the governing board of the county or municipality, the governing board may appoint a designee who is knowledgeable in the local planning process. (i) A citizen who resides within the jurisdiction of the local governing body making the appointments. (j) A citizen who represents employers within the jurisdiction. (k) A citizen who represents essential services personnel, as defined in the local housing assistance plan. (3) All meetings of the advisory committee are public meetings, and all committee records are public records. Staff, administrative, and facility support to the advisory committee shall be provided by the appointing county or eligible municipality. (4) Annually, the advisory committee shall review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the appointing local government and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances, or plan provisions, 8/24/22, 10:05 AM Statutes & Constitution :View Statutes : Online Sunshine www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0420/Sections/0420.9076.html 2/3 including recommendations to amend the local government comprehensive plan and corresponding regulations, ordinances, and other policies. At a minimum, each advisory committee shall submit an annual report to the local governing body and to the entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program which includes recommendations on the implementation of affordable housing incentives in the following areas: (a) The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3. (b) All allowable fee waivers provided for the development or construction of affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons. (e) Affordable accessory residential units. (f) The reduction of parking and setback requirements for affordable housing. (g) The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. (j) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k) The support of development near transportation hubs and major employment centers and mixed-use developments. The advisory committee recommendations may also include other affordable housing incentives identified by the advisory committee. Local governments that receive the minimum allocation under the State Housing Initiatives Partnership Program shall perform an initial review but may elect to not perform the annual review. (5) The approval by the advisory committee of its local housing incentive strategies recommendations and its review of local government implementation of previously recommended strategies must be made by affirmative vote of a majority of the membership of the advisory committee taken at a public hearing. Notice of the time, date, and place of the public hearing of the advisory committee to adopt its evaluation and final local housing incentive strategies recommendations must be published in a newspaper of general paid circulation in the county. The notice must contain a short and concise summary of the evaluation and local housing incentives strategies recommendations to be considered by the advisory committee. The notice must state the public place where a copy of the evaluation and tentative advisory committee recommendations can be obtained by interested persons. The final report, evaluation, and recommendations shall be submitted to the corporation. (6) Within 90 days after the date of receipt of the evaluation and local housing incentive strategies recommendations from the advisory committee, the governing body of the appointing local government shall adopt an amendment to its local housing assistance plan to incorporate the local housing incentive strategies it will implement within its jurisdiction. The amendment must include, at a minimum, the local housing incentive strategies required under s. 420.9071(18). The local government must consider the strategies specified in paragraphs (4)(a)-(k) as recommended by the advisory committee. (7) The governing board of the county or the eligible municipality shall notify the corporation by certified mail of its adoption of an amendment of its local housing assistance plan to incorporate local housing incentive strategies. The notice must include a copy of the approved amended plan. (a) If the corporation fails to receive timely the approved amended local housing assistance plan to incorporate local housing incentive strategies, a notice of termination of its share of the local housing distribution shall be sent by certified mail by the corporation to the affected county or eligible municipality. The notice of termination must specify a date of termination of the funding if the affected county or eligible municipality has not adopted an amended local housing assistance plan to incorporate local housing incentive strategies. If the county or the eligible municipality has not adopted an amended local housing assistance plan to incorporate local housing incentive strategies by the termination date specified in the notice of termination, the local distribution share 8/24/22, 10:05 AM Statutes & Constitution :View Statutes : Online Sunshine www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0420/Sections/0420.9076.html 3/3 terminates; and any uncommitted local distribution funds held by the affected county or eligible municipality in its local housing assistance trust fund shall be transferred to the Local Government Housing Trust Fund to the credit of the corporation to administer the local government housing program. (b) If a county fails to timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies but an eligible municipality receiving a local housing distribution pursuant to an interlocal agreement within the county does timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies, the corporation, after issuance of a notice of termination, shall thereafter distribute directly to the participating eligible municipality its share calculated in the manner provided in s. 420.9073. (c) Any county or eligible municipality whose local distribution share has been terminated may subsequently elect to receive directly its local distribution share by adopting an amended local housing assistance plan to incorporate local housing incentive strategies in the manner and according to the procedure provided in this section and by adopting an ordinance in the manner required in s. 420.9072. (8) The advisory committee may perform other duties at the request of the local government, including: (a) The provision of mentoring services to affordable housing partners including developers, banking institutions, employers, and others to identify available incentives, assist with applications for funding requests, and develop partnerships between various parties. (b) The creation of best practices for the development of affordable housing in the community. (9) The advisory committee shall be cooperatively staffed by the local government department or division having authority to administer local planning or housing programs to ensure an integrated approach to the work of the advisory committee. (10) The locally elected official serving on an advisory committee, or a locally elected designee, must attend biannual regional workshops convened and administered under the Affordable Housing Catalyst Program as provided in s. 420.531(2). If the locally elected official or a locally elected designee fails to attend three consecutive regional workshops, the corporation may withhold funds pending the person’s attendance at the next regularly scheduled biannual meeting. History.—s. 32, ch. 92-317; s. 15, ch. 93-181; s. 38, ch. 97-167; s. 24, ch. 2006-69; s. 19, ch. 2007-198; s. 117, ch. 2008-4; s. 30, ch. 2009-96; s. 16, ch. 2011-15; s. 67, ch. 2011-139; s. 11, ch. 2016-210; s. 19, ch. 2020-27; s. 37, ch. 2021-51. Copyright © 1995-2022 The Florida Legislature • Privacy Statement • Contact Us Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1002 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of Clearwater for funding youth programs, approve a first quarter budget amendment of $486,211 in special program G2107, JWB Youth Programming, and authorize the appropriate officials to execute same. (consent) SUMMARY: Since 2000, the City has received annual funding from the JWB Children’s Services Council to provide after school and summer programming for youth in Clearwater. Once again, the City has been awarded funding for youth programming for Fiscal Year 2023/2024 from JWB. The funding provides the “Charting the Course for Youth” program for 193 children at the North Greenwood and Ross Norton recreation facilities throughout the year. “Charting the Course for Youth” is a program designed to incorporate exercise and nutrition-based activities in an after school and summer camp setting, to improve academic success, encourage healthy lifestyle choices, improve social skills, increase athletic abilities, and develop leadership skills of the participants. The program serves school aged children at the Ross Norton and North Greenwood Recreation Complexes. This grant also provides funding for swim instructors for the city’s Water Safety Program which provides free swim lessons during P.E. time at McMullen, Eisenhower, Skycrest, and Belleair Elementary Schools. There is no requirement to continue the program when the grant ends. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will establish the new special program and provide an increase of $486,211 in other governmental revenue in G2107, JWB Youth Programming, to account for both revenues and expenditures for this agreement. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/31/2023 FY24 City of Clearwater-Charting the Course for Youth Page 1 of 28 AGREEMENT Between THE JUVENILE WELFARE BOARD And City of Clearwater Charting the Course for Youth I. PURPOSE The Juvenile Welfare Board of Pinellas County, hereinafter referred to as "JWB", and City of Clearwater, hereinafter referred to as "Provider", enter into this mutual Agreement, including all attachments referred to herein, for the period commencing October 1, 2023 and extending through September 30, 2024. This Agreement does not take effect and JWB has no responsibility for any of its obligations hereunder until this Agreement is executed by all parties to this Agreement. II. STAFF Provider agrees to employ staff, at its own expense, to execute services provided in accordance with this Agreement. Such individuals shall not be considered employees of JWB, and are subject to the supervision, personnel practices, and policies of the Provider. Unless otherwise approved by JWB, all Provider staff shall meet qualifications as stated in the approved position profile on file at JWB and any approved revisions which are submitted during the term of this Agreement. III. SERVICES Provider offers after school programs for youth in North Pinellas County. The Ross Norton and North Greenwood Recreation Complexes serve children aged 6 through 18 year-round. The program incorporates enrichment activities that promote school success and healthy lifestyles, improve social skills, increase athletic abilities, and develop leadership skills. All activities include aspects of positive character development including courage, teamwork, compassion, and community service. Provider agrees to deliver services as stated in the currently approved program methodology on file at JWB and to accomplish performance measures stated in Attachment 5, as determined by JWB, according to service areas stated in Attachment 2, and pursuant to the General Conditions stated in Section VIII and Special Conditions listed in Attachment 1. Any proposed changes in service delivery must be approved in writing by JWB in advance of making those changes and program methodologies shall subsequently be updated within thirty (30) calendar days of that approval. Costs associated with any unapproved changes in service delivery may not be reimbursed. IV. FUNDS The program budget for both JWB and other funds (if any) for accomplishing the above stated services must be approved in the JWB data system or other designated format before payment will commence. JWB agrees to reimburse up to $486,211 for services rendered pursuant to this Agreement. FY24 City of Clearwater-Charting the Course for Youth Page 2 of 28 V. METHOD OF PAYMENT 1. JWB issues reimbursements in accordance with the schedule listed on Attachment 3. The Provider shall submit an accurate request for payment once a month. Reimbursements shall be made in timely manner on pace throughout the fiscal year in order to allow for a consistent and orderly delivery of services. Reimbursement requests shall be submitted timely and only for amounts actually incurred that should properly be reimbursed per this Agreement within reasonably needed amounts based on the budget and other funding sources. Request for payment must be accompanied by the appropriate documentation as prescribed by JWB. 2. Requests for advance funds may be made, consistent with JWB policy. VI. TERMINATION 1. It is the intent of JWB to ensure a consistent and orderly delivery of services. It is the further intent of JWB to terminate Agreements in those situations where such action is essential to the protection of its interests and the interests of children and families served by JWB, as determined solely by JWB. 2. In the event funds to finance this Agreement become unavailable, JWB may terminate the Agreement upon no less than twenty-four (24) hours' notice in writing to the Provider. Said notice shall be delivered in person, or by email, regular mail or delivery service. 3. JWB shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent management, to provide sixty (60) calendar days' written notice for termination due to lack of funds. JWB shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 4. In addition to the rights as set forth in paragraph VI. 2 above, this Agreement may be terminated by JWB for any reason whatsoever upon twenty-four (24) hours' written notice. Said notice shall be delivered in person, or by email, regular mail or delivery service. 5. Provider shall only be compensated for services performed prior to the termination date. Provider may only terminate this Agreement upon sixty (60) calendar days' written notice to JWB delivered in person, or by email, regular mail or delivery service. 6. The above provisions shall not limit JWB's right to remedies at law or to damages. VII. COMMENCEMENT OF PAYMENT Unless specifically authorized by JWB, payment shall not be made for services rendered prior to the effective date of this Agreement. VIII. GENERAL CONDITIONS 1. Agreement Revisions This Agreement and its attachments constitute the contractual relationship between the Provider and JWB. If there is any discrepancy between program-related documents, this Agreement preempts all other documents. No amendment to this Agreement or its attachments may be made without the prior written approval of JWB and Provider, except as may be provided in General Condition #4. FY24 City of Clearwater-Charting the Course for Youth Page 3 of 28 2. Fiscal Responsibility a. Non-profit Providers and government entity Providers agree to maintain books, records, and documents in accordance with Generally Accepted Accounting Principles (GAAP) and practices which accurately and appropriately reflect all expenditures of funds listed in the approved budget on file at JWB. b. For-profit Providers agree to maintain books, records, and documents on an acceptable basis of accounting to include the cash basis of accounting known as Other Comprehensive Basis of Accounting (OCBOA). The method of accounting should be consistent with industry practices which accurately and appropriately reflect all expenditures of funds listed in the approved budget on file at JWB. c. Provider agrees that all financial records, including personnel and salary information and supporting documentation shall be subject at all times to inspection, review, or audit by JWB personnel or its duly authorized agent. d. Provider agrees to maintain and file with JWB in a timely fashion reports related to services provided under this Agreement. e. Provider agrees to retain all financial records, supporting documentation, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, all records shall be retained until resolution of audit findings. f. Payments during Disaster Recovery: JWB agrees to support funded programs that are unable to provide normal services for a period of at least sixty (60) calendar days after a disaster has been declared, provided the program agrees to comply with requests of JWB. This period may be extended at the discretion of the Board upon recommendation of the Chief Executive Officer. Provider must file insurance and may file FEMA claims or apply for other federal funding and shall reimburse JWB for any amounts received from these sources that have previously been funded by JWB. The Provider must submit to JWB a copy of the Provider's Continuity of Operations Plan within thirty (30) calendar days of the effective date of this Agreement. g. Provider agrees that salary adjustments for staff that are submitted to JWB for approval in budgets or budget amendments have been reviewed and approved by the Provider in accordance with its fiscal policies and adjustments can be sustained in future fiscal years. JWB shall not reimburse more than two (2) weeks of accrued leave for terminating employees. JWB shall not reimburse expenses not previously approved by JWB. h. Provider agrees to have a written conflict of interest policy and to obtain appropriate signed statements from its governing board members, officers, and employees on an annual basis. 3. Audit and Management Letter Non-profit Providers and government entity Providers agree to submit to JWB an independent audit of the financial statements of the entity in its entirety and any accompanying management letter(s) immediately upon receipt by the Provider's board, but within a period not to exceed one hundred and eighty (180) calendar days of the close of the Provider's fiscal year. The audit must be performed by a firm licensed to perform audits in the State of Florida and conducted in accordance with generally accepted auditing standards and standards established by the American Institute of Certified Public Accountants. The Provider's auditor must comply with the Independence Rule and comply with the General Requirements for Performing Nonattest Services and Documentation Requirements When Providing Nonattest Services. Such nonattest services include: (1) financial statement preparation; (2) cash to accrual conversions; (3) reconciliations; (4) advisory services; (5) appraisal, valuation and actuarial services; (6) benefit plan administration; (7) bookkeeping, payroll and FY24 City of Clearwater-Charting the Course for Youth Page 4 of 28 other disbursements including proposed standard, adjusting or correcting journal entries; (8) preparation of depreciation schedules; (9) business risk consulting; (10) corporate finance consulting (11) executive or employee recruiting; (12) forensic accounting; (13) hosting services; (14) information systems design, implementation or integration; (15) internal audit; (16) investment advisory or management; (17) tax services. The Provider is required to engage an audit firm that follows Government /Non-Profit Audit Standards when conducting the financial audit and that shows evidence of a peer review report completed every three (3) years. For-profit Providers agree to submit annual financial statements based on industry OCBOA standards prepared by an independent Certified Public Accounting Firm within a period not to exceed one hundred and eighty (180) calendar days of the close of the Provider's fiscal year. The financial statements must be prepared in accordance with applicable Preparation, Compilation and Review Standards. 4. Other Financial Support a. Provider shall report within ninety (90) calendar days any major changes in non-JWB revenue which would impact targeted service levels in JWB funded programs during the fiscal year. b. JWB funds shall not be used for expenditures also funded by other sources. JWB funds shall not be used to supplant other sources of revenue. c. Generally, JWB encourages use of its funds as financial match for securing funds from other sources. However, in such instances, Provider is required to obtain prior written approval to submit an application with JWB committed funds. d. Revenues earned in a JWB funded program must remain in that program as a condition of funding. e. Programs charging a fee for services supported by JWB funding must forward a copy of the fee schedule to JWB within thirty (30) calendar days of the effective date of this agreement and upon making changes to the fee schedule. 5. Program Monitoring and Data Quality Provider agrees to submit monitoring, site visit, accreditation, and licensing reports supplied by funding, accreditation, and licensing entities, as applicable, to JWB no more than thirty (30) calendar days following Provider receipt. Provider agrees to submit progress reports and other information in such format and at such times as may be prescribed by JWB (including JWB Databases, JWB Secure Portals, and Provider specific data collection systems), and to cooperate in monitoring activities including, but not limited to, access to sites, staff, fiscal and participant records, logs, participant rights and responsibilities policies, participant handbooks, grievance and complaint procedures, and the provision of related participant and participant rights information. Provider shall maintain and have available for audit inspection participant records for five (5) years post termination of services. Provider agrees to abide by the JWB Board Policy Section IV: JWB Funded Program Monitoring. Provider agrees to provide JWB representatives access, without presence of the Provider supervisor, to staff or program participants during any monitoring with or without advance notice. Youth participants will only be interviewed in group settings or with staff present unless parental consent is obtained. Provider staff shall adhere to JWB's Data Quality Manual and JWB's Financial Policies and Procedures for Funded Programs, and all staff who have any responsibility (supervisory or direct) for data entry shall be trained within thirty (30) calendar days of hire. The Provider is responsible for maintaining written policies and procedures for providing data to JWB in a timely manner. The Provider is responsible for reviewing JWB FY24 City of Clearwater-Charting the Course for Youth Page 5 of 28 Database and JWB Secure Portal User Access to ensure that all users are active employees with access to appropriate data systems and modules. The Provider is responsible for implementing appropriate procedures into their data policies to protect data and prevent accidental or malicious disclosure of participant information. The Provider is responsible for maintaining fiscal access and workflow approval throughout the fiscal year. Provider shall notify JWB no less than ninety (90) days prior to implementation of data system(s) used for participant and/or financial information that are used to share data with JWB. 6. Board Members and Training Provider shall submit to JWB an updated roster of board members to include the start date of all members within thirty (30) calendar days of the effective date of this Agreement and within thirty (30) calendar days of any change to board composition. Board member rosters shall also include the email, physical address, phone number, and place of employment for all board members. Orientation of new board members shall occur within two (2) months of the member joining the board and evidence of this orientation maintained in Provider files. Training of new board members by an external trainer is required within six (6) months of joining the Provider board. Evidence of training must be provided to JWB within 30 days of the training. Training must consist of the following topics: nonprofit governance, fiduciary risks, and liabilities. Documentation of this training shall include an outline of topics covered, the board members in attendance, date the board member joined the board, and who provided the training. Providers that are governmental entities, higher education institutions, and hospitals are exempt from this training requirement. 7. Nondiscrimination Providers receiving funding from JWB shall not discriminate against an employee, volunteer, or participant of the Provider on the basis of race, color, gender, religion, national origin, citizenship, disability, marital status, age, veteran status, sexual orientation, pregnancy, and genetic information, or any other legally protected category except that programs may target services for specific participant groups as defined in the application. Additionally, Providers receiving funds shall demonstrate the standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, and ethnic backgrounds. 8. Publicizing of JWB Support - Endorsements Requests for endorsements that require a commitment of JWB resources shall be submitted to JWB for its consideration. However, endorsements which do not require JWB resources may be given to those Providers that support the focus and priorities of the JWB Board, at the discretion of the JWB Chief Executive Officer. JWB's logo must be visible at Provider's administrative and program sites, be featured on the Provider’s website, and be present on the following Provider materials as an acknowledgement of support: Annual report Program brochures and marketing materials Program stationery JWB's logo may not be used on any other publications requiring JWB resources without JWB approval. However, if a publication does not require a monetary commitment or indicate sponsorship, use of the JWB logo may be authorized at the sole discretion of the JWB Chief Executive Officer. FY24 City of Clearwater-Charting the Course for Youth Page 6 of 28 9. Legal Compliance Provider agrees that it will comply with all applicable laws, rules, and regulations. 10. Assignments and Subcontracts Provider shall not assign the responsibility of this Agreement to another party nor subcontract for any of the work contemplated under this Agreement, including transportation of participants, without prior written approval of JWB through an approved budget or other written approval on file at JWB. No such approval by JWB of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation by JWB in addition to the total dollar amount stated in this Agreement. JWB shall have the right to require the Provider to replace any Subcontractor found, in the reasonable judgment of JWB, to be unacceptable. All such assignments or subcontracts shall be subject as applicable to the terms and General Conditions of this Agreement and to any conditions of approval that JWB shall deem necessary. Subcontracts for program service delivery described in the approved program methodology must be reviewed according to the Subcontract Assessment found on the Provider page of the JWB website. The assessment outlines elements that must be included in subcontracts. Subcontracts and the corresponding Subcontract Assessment shall be submitted to JWB within thirty (30) calendar days of the effective date of this Agreement and upon revision, amendment and execution of the subcontract thereafter. To the extent Provider is permitted by JWB to subcontract any of provider's responsibilities under this agreement, the subcontracting entity or agency shall be obligated to assume all applicable obligations of the Provider under this agreement, including the obligation to preserve and maintain insurance as outlined in General Condition 25. Provider shall have full responsibility for the successful performance and completion of all subcontracted duties under this Agreement to the same extent as if the Provider performed such duties. The Provider shall be the sole point of contact for subcontracts with regard to all matters under this Agreement. Provider is responsible for monitoring subcontracts of JWB funded programs unless otherwise specified in a Special Condition of this Agreement. Documentation of monitoring of subcontracts shall be submitted to JWB no more than thirty (30) calendar days following completion of the monitoring activities. 11. Confidential Information Provider must follow all laws regarding confidentiality of information including, but not limited to, HIPAA. Provider shall not use or disclose any information which specifically identifies a recipient of services under this Agreement, and shall adopt appropriate procedures for employees' handling of confidential data with the following exceptions: a) such information may be revealed as may be necessary to conform to Fiscal Responsibility and Program Monitoring requirements as stated in the General Conditions of this Agreement; b) such information may be revealed as may be necessary pursuant to applicable federal, state, or local law and related regulations; and c) such information may be revealed with the written consent (authorization) of the recipient, or the recipient's responsible parent or guardian, where authorized by law. Provider is responsible to adopt appropriate policies, notifications, authorizations, and other relevant information that allows for the sharing of confidential information with JWB. FY24 City of Clearwater-Charting the Course for Youth Page 7 of 28 The Provider shall also maintain in participant files a completed copy of a JWB-approved form for authorizing client consent to release information for each participant receiving services. As allowed by law and Provider policy, the Provider shall add JWB to consent forms including HIPAA consent forms to facilitate data sharing and implement the Fiscal Responsibility and Program Monitoring requirements as stated in the General Conditions of this Agreement and advise JWB within two (2) business days if a participant has withdrawn consent to share data and note this withdrawal of consent in the case file. JWB has full discretion as to the use of data and JWB owns all data once transferred to JWB. Provider shall obtain permission and license for the use of any and all photographs, videotaping, audio recordings, or written interviews/stories of participants, to include use of name, image and other identifiable information in connection with a press release, news story, testimonial, or story that may be viewed by the general public, and that the participant will not receive compensation for participation in the use of this information. For youth under the age of eighteen (18), Providers will obtain the signature of a parent or legal guardian. In no event should participant identifying information ever be emailed or faxed to JWB. In the event of an improper disclosure of participant information by Provider, Provider shall inform JWB of the improper disclosure and extent thereof within two (2) business days of becoming aware of the improper disclosure. Provider shall cooperate fully with JWB and take all necessary steps to correct and remedy any damage caused by the Provider's improper disclosure and to prevent future improper disclosure. Provider shall defend, indemnify and hold harmless JWB from any and all damages caused by the improper disclosure of any confidential information as defined by law including, but not limited to, Protected Health Information under HIPAA and any and all costs associated with remedying the disclosure. Provider shall defend, indemnify and hold harmless JWB from any and all damages caused by the improper disclosure as defined by law of any information including but not limited to personally identifiable information (PII) and protected health information (PHI) as required under HIPAA, HITECH and FIPA regulations or other information that is confidential and/or exempt from disclosure per F.S. 119. This provision shall survive the termination of this Agreement. Likewise, in the event of an improper disclosure of Provider's participant information by JWB, JWB shall inform Provider of the improper disclosure and extent thereof within two (2) business days of becoming aware of the improper disclosure. JWB shall cooperate fully with Provider and take all necessary steps to correct and remedy any damage caused by JWB's improper disclosure and to prevent future improper disclosure. JWB shall defend, indemnify and hold harmless Provider from any and all damages caused by JWB's improper disclosure and any and all costs associated with remedying the disclosure subject to the doctrine of sovereign immunity and limitations set forth in F.S. 768.28. 12. Public Records JWB is a public entity subject to Florida's Public Records Law, which includes provisions relating to records retention, production, and confidentiality. For purposes of this section, Provider is also referred to as Contractor. Provider subcontracts that arise out of this Agreement must apply the entirety of this public records condition to the Subcontractor. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO FY24 City of Clearwater-Charting the Course for Youth Page 8 of 28 PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Juvenile Welfare Board of Pinellas County 14155 58th St. No., Ste. 100 Clearwater, FL 33760 (727) 453-5600 publicrecords@jwbpinellas.org Contractors acting on behalf of JWB must comply with 119.0701 and must: a. Keep and maintain public records required by JWB to perform the service. b. Upon request from JWB's custodian of public records, provide JWB 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 in F.S. 119 or as otherwise provided by law. c. 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 public agency. d. Upon completion of the contract, transfer, at no cost, to JWB all public records in possession of Contractor or keep and maintain public records required by JWB to perform the service. If the Contractor transfers all public records to JWB upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If 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 JWB, upon request from JWB's custodian of public records, in a format that is compatible with the information technology systems of JWB. In addition, Contractors should be aware that Social Security numbers are confidential and exempt from disclosure (119.071(4)) and personal identifying information of a child or the parent or guardian of the child held by JWB or service provider under contract with JWB is exempt from disclosure (125.901(11)). There are many other exemptions in the law that Provider should be cognizant exist. However, for all Providers, any and all contracts between JWB and Provider, program methodology, budgets, requests for reimbursements, emails, other written correspondence and any other documents exchanged between the Provider and JWB are generally public records and will be disclosed in the sole discretion of JWB and must be retained in accordance with Florida's record retention policy. Providers should not provide any documents to JWB containing Trade Secrets, as defined by Florida statutes, F.S.688.002, or exempt or confidential and exempt information to JWB without specifically marking such document. By submitting any documents or information whatsoever to JWB, Provider agrees that JWB may use and disclose all information and documents submitted for any purpose JWB sees fit and that it is within JWB's sole discretion to determine if any information submitted is exempt from disclosure. Any Provider who receives a public records request for records pertaining to JWB or services funded by JWB, must advise JWB within two (2) business days of the records request and JWB and Provider will work together to respond to any such request. This provision shall survive termination of this Agreement. FY24 City of Clearwater-Charting the Course for Youth Page 9 of 28 13. Return of Funds Provider agrees to return to JWB any overpayment due to costs not incurred or costs disallowed pursuant to the terms of this Agreement and such funds shall be considered JWB funds and shall be refunded to JWB in accordance with its instructions. Should Provider fail to return said funds, Provider shall be responsible for all costs and fees of collection incurred by JWB including, but not limited to, attorney fees and court costs including any pre-suit collections fees and costs. This provision survives termination of this Agreement and return of funds for overpayment or disallowance will be required even if the overpayment or disallowance is discovered after this Agreement is terminated. 14. Special Situations and Incidents Provider agrees to inform JWB within one (1) business day of any circumstances or events which may reasonably be considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement. Participant incidents are required to be reported for situations that occur only while under the Provider's care and includes anything that may reflect negatively or critically upon JWB. Certain personnel are mandated by law to report their suspicions of child abuse, neglect, or abandonment to the Florida Abuse Hotline (1-800-96-ABUSE). All concerns regarding suspected abuse, neglect, or abandonment of a child or vulnerable adult by the Provider shall first be reported to the Florida Abuse Hotline and then reported to JWB. Incident reporting does not preclude mandated reporting requirements. Critical Incidents are defined as follows: Abduction - An incident in which an individual who does not have care and custody of a child has taken the child. Concerns of child abductions shall immediately be reported to the appropriate law enforcement personnel. Abuse or Neglect - Reasonable cause to suspect that a child has been harmed or is believed to be threatened with harm while in the Provider's care. Baker Act – A participant is involuntarily admitted for psychiatric care under Florida law for Baker Act during the course of service delivery regardless if the incident occurred while under Provider's care. Breach of Information - Sensitive, protected or confidential data has potentially been viewed, stolen or used by an individual unauthorized to do so. Elopement- When a minor participant leaves a setting without permission or authorization. Employee Arrest - Employee conduct or activity that results in potential liability to the Provider or JWB, death or harm to a participant, or results in a law violation, including falsification of official records. If an arrest is made for a potentially disqualifying offense under Level 2 background screening requirements, or if the arrest occurred while in the performance of an employee's official duties, the incident should be reported immediately. Investigation or Lawsuit - Any formal investigation or legal action brought against Provider which relates to the services funded by JWB or which may reasonably be considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement. FY24 City of Clearwater-Charting the Course for Youth Page 10 of 28 Media Coverage or Public Inquiry - Media coverage or public reaction that may have an impact on the Provider or JWB's ability to protect and serve its participants, or other significant effect on the Provider or JWB. Participant Death - The death of any participant receiving JWB services, regardless if the death occurred while under Provider's care. Participant Illness - An illness of a participant requiring a response by Emergency Medical Services AND transport to a medical facility due to the severity of the illness while participant is attending the program. Participant Injury - A medical condition of a participant requiring a response by Emergency Medical Services AND transport to the hospital due to the severity of the medical condition or injury while the participant is attending the program. Note in both instances of Participant Illness and Participant Injury the parents may use Emergency Medical Services as transportation to the hospital - if it is used solely for this purpose an incident report is not required. In the event that the participant leaves the program and requires emergency care due to an injury or illness incurred at the program, an incident report should be completed when the program becomes aware. Sexual Battery - An allegation of sexual battery involving a participant or employee as evidenced by medical evidence or law enforcement involvement. Sexual battery includes participant on participant incidents, employee, agent or volunteer on participant, and participant on employee, agent, or volunteer. Suicide Attempt - An act which clearly reflects the physical attempt by an active participant to cause his or her own death, which results in bodily injury requiring medical treatment by a licensed health care professional. In addition, the Provider shall notify JWB immediately upon knowledge of any action or incident involving Provider staff or volunteers that could potentially jeopardize the terms of this Agreement which includes misconduct, malfeasance during working hours, or any conduct that results in the arrest of a staff member or volunteer after hours. Within one (1) business day of knowledge of any incident, the Provider must submit electronically a completed Incident Report to IRreviewteam@jwbpinellas.org with full details and disposition of the incident, excluding identifying information such as name, date of birth, and address. In the event of a participant death please contact by phone the JWB Chief Program Officer within three (3) hours of knowledge of the incident. All email communications made or received by JWB members or staff are considered public records and are retained and, upon request, made available to the public and media in accordance with Chapter 119, Florida Statutes. Provider must adhere to the reporting requirements hereunder after the termination of this Agreement if Provider becomes aware of a Critical Incident after the termination of the Agreement if the Critical Incident occurred during the term of the Agreement and/or relates to the services funded by JWB. 15. Provider Staff Membership on Board Provider agrees that Provider staff shall not serve as voting members of the Provider's governing board. FY24 City of Clearwater-Charting the Course for Youth Page 11 of 28 16. Waiver JWB reserves the right to waive requirements of this Agreement and General Conditions where warranted by special circumstances. Any waiver shall be in writing and signed by JWB. 17. Provider & Program Data Maintained In 2-1-1 Database Provider agrees to maintain accurate and up-to-date Provider and program data in the 2-1-1 Tampa Bay Cares database. The Provider will review and update (as necessary) this data at least once annually. The Provider will list data for newly funded program(s) within thirty (30) calendar days of the date that JWB funds the program. This requirement applies to all programs accepting 2-1-1 referrals. 18. Provider Staff Background Checks All program staff and Provider staff (including employees, independent contractors, and staff of subcontractors), volunteers and those who may have access to youth participants are required to undergo and pass a national Level 2 background check that complies with the standards set forth in F.S. 435. Those individuals must provide written consent to the Provider to have documentation released to JWB which confirms no disqualifying offenses listed in F.S. 435.04. for which they have not received an exemption in accordance with Florida law. All staff and volunteers must continue to qualify to pass a Level 2 screening at all times and must notify their employer if at any time they no longer qualify to pass a Level 2 screening. Proof of Level 2 background clearance, including current executed Affidavits/Attestations of Good Moral Character, must be maintained at all times in the appropriate files and the screening repeated every five (5) years or more often in accordance with law or as requested by JWB. Provider must collect written consent for the release of this information to JWB for purposes of verification. This requirement applies to employees regardless of the funder supporting the position and all volunteers and subcontractors who may have access to youth. Volunteers and subcontractors who assist on an intermittent basis for less than ten (10) hours per month do not have to be screened if a person who meets the screening requirement of this section is always present and has the volunteer and subcontractor within his or her line of sight. The Provider is required to clearly document which volunteers meet the criteria for a Level 2 background screening and Affidavits/Attestations of Good Moral Character, and which are exempt according to the terms of this Agreement. The Provider's policy and practice for background screening must provide for adequate protection and must comply with all applicable laws and implementing regulations including, but not limited to F.S. 435. The Florida Department of Children and Families provides an exemption process under this statute. JWB does not provide an exemption or waiver process. Should a Provider not be statutorily authorized to receive a national Level 2 background check in accordance with F.S. 435, the Provider must still comply with the standards set forth in F.S. 435 through VECHS background screening. Only in the event the Provider does not qualify to receive a national Level 2 background check in accordance with F.S. 435 and is not eligible to participate in VECHS, then the Provider must engage a third-party vendor to conduct a national background check and must comply with the standards as set forth in F.S. 435. Providers using VECHS, or any other third-party vendor which does not allow the release of background screening results to JWB, must sign and provide to JWB an affidavit which ensures compliance with the entirety of this section. This affidavit must be renewed annually by the Provider's Executive Director or equivalent and submitted within thirty (30) calendar days of the effective date of this Agreement and upon FY24 City of Clearwater-Charting the Course for Youth Page 12 of 28 change of staff in this position. Provider must also provide a written procedure within thirty (30) calendar days of the effective date of this Agreement which outlines the process by which compliance is ensured with the entirety of this section, including the person responsible for conducting verification between results of VECHS information and the disqualifying offenses according to F.S 435. Personnel and volunteer files shall reflect who verified whether the employee or volunteer candidate passed the background screening according to F.S. 435.04. Provider agrees to submit to monitoring of personnel and volunteer files and other required documents to ensure compliance with this section. Monitoring will include, but not be limited to, review of training logs, position descriptions, applications, resumes, salary information, Affidavits/Attestations of Good Moral Character, the results of background screenings and Provider verification of staff credentials. Consents executed by employees and volunteers to release Affidavits/Attestations of Good Moral Character and background screening results, if permitted by law, will be provided to JWB for review. Providers shall not release Protected Health Information to JWB and Providers shall keep this information separate from personnel and volunteer files. Parental consent for JWB monitoring activities must be evident in the personnel and volunteer files of minors. 19. Not Used 20. Link to JWB's Website Provider website shall include the JWB logo that links to the JWB website (www.jwbpinellas.org). 21. Drug-Free Workplace The Provider shall have and enforce a Drug and Alcohol Free Workplace Policy. This policy shall be submitted to JWB within thirty (30) calendar days of the execution of this Agreement. 22. Public Entity Crimes Per Section 287.133, F.S., 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 a public entity, and may not transact business with a public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 23. JWB Policies and Procedures Provider agrees to follow all JWB policies and procedures which can be located on the JWB website at www.jwbpinellas.org and which are incorporated into this Agreement in their entirety. Said policies include, but are not limited to, all Board policies, funding policies, JWB Financial Policies and Procedures for Funded Programs, security policies, JWB Data Quality Manual, and policies that may be promulgated by JWB within its sole discretion from time to time. JWB reserves the right to change these policies from time to time within its sole discretion. JWB will provide a minimum of thirty (30) calendar days' notice to the Provider and it is the responsibility of the Provider to be in compliance with all policies and procedures at all times. FY24 City of Clearwater-Charting the Course for Youth Page 13 of 28 Provider is encouraged to provide certification of current accreditation by a recognized national accrediting body appropriate to the programming funded by JWB. Regardless of accreditation, the Provider must meet the highest professional standards established through its specific field. 24. Conflict of Interest The Provider must have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder. The Provider further represents that no person having any such interest shall be employed or subcontracted by the Provider during the Agreement term and any extensions. The Provider shall promptly notify JWB, in person, or by email, regular mail or delivery service, of all potential conflicts of interest for any prospective business association, interest, or other circumstance, which may influence or appear to influence the Providers judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Provider may undertake and request an opinion of the JWB Chief Executive Officer as to whether the association, interest or circumstance would, in the opinion of JWB, constitute a conflict of interest if entered into by the Provider. JWB agrees to notify the Provider of its opinion, in person, or by email, regular mail or delivery service, within thirty (30) days of receipt of notification by the Provider. 25. Insurance Requirements The Provider will procure, pay for, and maintain, throughout the period of this Agreement, on behalf of the Provider and JWB, the following MINIMUM limits of basic insurance coverage with responsible companies, eligible to do business in the State of Florida, which maintain a rating of A-(VIII) or higher with A.M. Best. Companies not rated by A.M. Best may be used to satisfy this requirement if approved by JWB in writing. If insured by a company that is not rated by A.M. Best, the company must have been successfully operating in the State of Florida for a minimum of five consecutive years and JWB reserves the right to request a copy and review the company’s most recent annual report or audited financial statement to determine the financial viability of the organization, including an unencumbered net worth of $25 million or more. a. Workers' Compensation Part One: "Statutory" Part Two: Each Accident $500,000 Disease - Policy Limit $500,000 Disease - Each Employee $500,000 Such insurance shall be no more restrictive than that provided by the latest edition of the standard Workers' Compensation Policy, as filed for use in Florida by the National Council on Compensation Insurance (NCCI), without any restrictive endorsements other than any endorsements required by NCCI or the State of Florida. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the Federal Employer's Liability Act and any other applicable Federal or State law. FY24 City of Clearwater-Charting the Course for Youth Page 14 of 28 b. Commercial General Liability General Aggregate $3,000,000 Products/Completed Operations Aggregate $3,000,000 Personal and Advertising Injury $3,000,000 Each Occurrence $3,000,000 Such insurance shall be no more restrictive than that provided by the latest edition of the standard Commercial General Liability Form (Form CG 00 01) as filed for use in the State of Florida by the Insurance Services Office (ISO) without any restrictive endorsements other than any endorsements specifically required by ISO or the State of Florida. JWB and JWB's Board members, employees, volunteers, and agents shall be included as an "Additional Insured" on the Commercial General Liability coverage a form no more restrictive than ISO form CG 20 10 (Additional Insured - Owners, Lessees, or Provider). c. Automobile Such insurance shall cover all owned, hired and non-owned vehicles operated by, or on behalf of, the Provider. Combined single limit - (Vehicles transporting JWB Participants) Owned: ☒ $5,000,000 ☐ $3,000,000 ☐ $2,000,000 ☐ $1,000,000 ☐ $500,000 ☐ N/A☐ Other: Non-Owned: ☐ $5,000,000 ☐ $3,000,000 ☐ $2,000,000 ☐ $1,000,000 ☐ $500,000 ☒ N/A☐ Other: Hired: ☒ $5,000,000 ☐ $3,000,000 ☐ $2,000,000 ☐ $1,000,000 ☐ $500,000 ☐ N/A☐ Other: Combined single limit - (All other vehicles used in the performance of work under this Agreement) Owned: ☐ $5,000,000 ☐ $3,000,000 ☐ $2,000,000 ☐ $1,000,000 ☐ $500,000 ☒ N/A☐ Other: Non-Owned: ☐ $5,000,000 ☐ $3,000,000 ☐ $2,000,000 ☐ $1,000,000 ☐ $500,000 ☒ N/A☐ Other: Hired: ☐ $5,000,000 ☐ $3,000,000 ☐ $2,000,000 ☐ $1,000,000 ☐ $500,000 ☒ N/A☐ Other: [The determination of which of the Provider's vehicles will be subject to the limit stated above for "Vehicles transporting JWB Participants" and will be based upon the responses given by the Provider in the most recent JWB Insurance Survey.] Such insurance shall be no more restrictive than that provided by Section II (Liability Coverage) of the most recent version of the standard Business Auto Policy (ISO Form CA 00 01) without any restrictive endorsements, including coverage for liability contractually assumed, and shall cover all owned, non- owned, and hired autos used in the performance of the work under this Agreement. Providers that transport JWB Participants will be required to insure any vehicle used for such Participant transportation in the amount shown in the Participant Transportation section of the Automobile Insurance Requirements matrix. Such amount shall be determined by JWB based upon the maximum number of passengers per vehicle (including driver) in the vehicle being utilized. All other Provider vehicles are required to be insured in the amount shown in the matrix which corresponds to the rest of the Providers operations, excluding participant transportation. FY24 City of Clearwater-Charting the Course for Youth Page 15 of 28 Providers that hire participant transportation services, excluding ride share and taxi services, shall be required to maintain verification of transportation vendor's automobile liability insurance limits in the same amount that the Provider would be required to maintain if Provider were providing the transportation services directly. Such amount shall be determined by JWB based upon the maximum number of passengers per vehicle (including driver) in the vehicle being utilized. The applicable limits can be found on JWB’s website. d. Professional Liability Each Claim $1,000,000 Annual Aggregate $1,000,000 Such insurance shall be on a form acceptable to JWB and shall cover Provider for those sources of liability arising out of the rendering or failure to render professional services in the performance of the services required in the Agreement including any hold harmless and/or indemnification agreement. If the Professional Liability is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. e. Cyber Liability Each Claim $500,000 Annual Aggregate $500,000 The Cyber Liability insurance shall be on a form acceptable to JWB and shall cover Security & Privacy Liability and Breach Response Coverage, including Notification Expenses. If the Cyber Liability is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. The required Cyber Liability coverage may be included as part of the Professional Liability coverage and limits required above. f. Abuse and Molestation Liability Each Claim $1,000,000 Annual Aggregate $1,000,000 Such insurance shall be on a form acceptable to JWB and shall cover Provider and its employees for liability arising out of any occurrence of abuse or molestation in relation to the work provided by Provider under the Agreement. FY24 City of Clearwater-Charting the Course for Youth Page 16 of 28 If the Abuse and Molestation coverage is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. g. Directors and Officers/Employment Practices Liability Each Claim $1,000,000 Annual Aggregate $1,000,000 Such insurance shall be on a form acceptable to JWB and shall cover Provider and its directors, officers and employees for liability arising out of "Wrongful Acts" in the performance of their duties as directors, officers and employees of Provider. In addition, coverage shall be included for "Wrongful Acts" of Provider arising out of Provider's employment practices. If the coverage is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. h. Crime Insurance Such insurance shall be on a form acceptable to JWB and shall provide the following coverages in the following amounts: Employee Dishonesty: $300,000 Forgery or Alteration: $300,000 Robbery (on or off premises): $300,000 Computer Fraud: $300,000 Funds Transfer Fraud: $300,000 i. Watercraft Liability To the extent watercraft are utilized, Provider shall purchase and maintain insurance which shall, at a minimum, cover Provider for injuries or damage arising out of the use of all owned, non-owned, and hired watercraft. The insurance shall include JWB and JWB's Board members, employees, volunteers, and agents as additional insureds. The limits applicable to watercraft liability shall be: Each Occurrence/Annual Aggregate N/A j. Pollution Legal Liability Such insurance shall cover Provider for liability resulting from pollution or other environmental impairment arising out of, or in connection with, work performed under this Agreement, or which arises FY24 City of Clearwater-Charting the Course for Youth Page 17 of 28 out of, or in connection with this Agreement, including coverage for cleanup of pollution conditions and third-party bodily injury and property damage claims arising from pollution conditions. Such insurance shall also include transportation coverage and non-owned disposal site coverage. Coverage must either be on an occurrence basis; or, if on a claims-made basis, the coverage must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be: Each Claim N/A Annual Aggregate N/A JWB and JWB's Board members, employees, volunteers, and agents shall be included as an "Additional Insureds" on the policy. k. Excess or Umbrella Insurance All required limits of insurance may be satisfied by the use of any combination of primary and excess/umbrella liability insurance coverages. All Certificates of Insurance for umbrella and excess liability policies should clearly indicate which underlying policies such excess or umbrella liability policies are applicable to on an excess basis. l. Evidence of Insurance Provider shall not commence work until the required insurance is in force and evidence of insurance meeting all of the requirements set forth herein has been provided to JWB. JWB at all times reserves the right to request such additional documentation and evidence of insurance as in its sole discretion it may require and the Provider hereby agrees to provide same. An appropriate Certificate of Insurance signed by an authorized representative of the insurer shall be satisfactory evidence of insurance. With respect to the Commercial General Liability, an appropriate Certificate of Insurance signed by an authorized representative of the insurer, and copies of the actual additional insured endorsement(s) as issued on the policy(ies), shall be satisfactory evidence of such insurance. Until such insurance is no longer required by this Agreement, Provider shall provide JWB with renewal or replacement evidence of insurance at least fifteen (15) calendar days prior to the expiration or termination of such insurance. Notwithstanding the prior submission of a Certificate of Insurance, copies of endorsements, or other evidence initially acceptable to JWB, if requested by JWB, Provider shall, within thirty (30) calendar days after receipt of a written request from JWB, provide JWB with a certified copy(ies) of the policy(ies) providing the coverage required herein. Provider may redact or omit, or cause to be redacted or omitted, those provisions of the policy or policies which are not relevant to the insurance required herein. m. Notice of Cancellation FY24 City of Clearwater-Charting the Course for Youth Page 18 of 28 All required policies must be endorsed to provide JWB with thirty (30) calendar days' prior notice of cancellation. n. Primary and Non-Contributory The insurance provided by the Provider shall apply on a primary basis to and shall not require contribution from, any insurance maintained by JWB. Any insurance or self-insurance maintained by JWB shall be in excess of, and shall not contribute with, the insurance provided by Provider. o. Self-Insurance Notwithstanding any provision in this agreement to the contrary, and only with the prior written approval of JWB, the specified insurance requirements may be satisfied by a certification of a valid program of self-insurance established and maintained in accordance with all applicable Florida laws and regulations. p. Non-Waiver/Remedies Compliance with these insurance requirements shall not limit the liability of Provider, its subcontractors, sub-subcontractors, employees or agents. Any remedy provided to JWB or JWB's Board members, employees, volunteers, and agents by the insurance provided by Provider shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Provider) available to JWB under this Agreement or otherwise. Neither approval nor failure to disapprove insurance furnished by Provider shall relieve Provider from the responsibility to provide insurance as required by this Agreement. Provider shall provide JWB with renewal or replacement evidence of insurance at least fifteen (15) calendar days prior to the expiration or termination of such insurance. If Provider cannot meet this timeline, notification must be made to the assigned JWB Program Consultant and maintain communication until such time as evidence of insurance can be submitted to JWB. 26. Indemnification Provider shall defend, indemnify, and hold harmless JWB, its agents, and employees from and against any and all liabilities, claims, judgments, or actions including, but not limited to, attorney's fees and all costs that may hereafter at any time be made or brought by any person or entity on account of any claim including but not limited to, personal injury, property damage, loss of monies, civil rights violation, or discrimination allegedly caused in whole or part by any act or omission, including but not limited to, breach of contract, negligent act, wrongful act, intentional act, omission, and any acts of fraud or defalcation, of the Provider, its agents, employees, or subcontractors, arising out of or relating to its performance of this Agreement or for Provider's improper disclosure of confidential and/or exempt information, or failure to comply with F.S. 119 or any other applicable law, rule or regulation. In no event will the Provider be liable for or have any obligation to defend JWB against such liability, claims, judgments, or actions, including costs and attorney's fees, arising out of the sole negligent acts of JWB. This provision survives termination of the Agreement. FY24 City of Clearwater-Charting the Course for Youth Page 19 of 28 27. Certification that Provider is legally able to contract with JWB In compliance with F.S. 287.135(2)(a), a Provider is ineligible to and may not enter into a contract with JWB if the Provider is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 or is engaged in a boycott of Israel. In compliance with F.S. 287.135(2)(b), for contracts of $1 million or more, a Provider is ineligible to and may not enter into a contract with JWB if the Provider (1) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List, created pursuant to s. 215.473 or, (2) is engaged in business operations in Cuba or Syria. By entering into this Agreement, you are certifying that you are eligible to contract with JWB and are not participating in a boycott of Israel, are not on the Scrutinized Companies with Activities in Sudan List, are not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that you do not have business operations in Cuba or Syria. In addition, this Agreement may be terminated if Provider (1) has found to have submitted a false certification, (2) has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, (3) 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; or (4) has been engaged in business operations in Cuba or Syria. 28. E-Verify In accordance with F. S. 448.095(5), no later than the first date of the term Agreement, Provider must register with and use the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all employees hired on or after the first date of the term Agreement and during the remainder of the term of this Agreement. Evidence may consist of, but is not limited to, providing notice of your E-Verify number. Instructions on how to provide proof of participation/E-Verify enrollment is on the U.S Department of Homeland Security’s E-Verify website. The statute also applies to subcontractors performing work under this Agreement. The subcontractor must use the E-Verify system for any employees it may hire during the term of this Agreement. The Subcontractors must provide affidavits stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined by F. S. § 448.095(1)(f). Subcontractors are defined in F.S. 448.095(1)(e) as a person or entity that provides labor, supplies or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. Provider must maintain copies of all subcontractor affidavits for the duration of the JWB Agreement and these affidavits shall be subject at all times to inspection, review, or audit by JWB personnel or its duly authorized agent. Notwithstanding any other terms of this Agreement, if JWB has a good faith belief that you have knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States, JWB shall terminate this Agreement. Provider may be liable for all costs associated with JWB securing the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary). Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute, Provider may not be awarded a public contract for a period of one (1) year after the date of termination. FY24 City of Clearwater-Charting the Course for Youth Page 20 of 28 IX. SIGNATURES Approved as to form: ________________________________________ Melissa Isabel Date Lead Assistant City Attorney Attest: ________________________________________ Rosemarie Call Date City Clerk _______________________________________ __________________________________________________ Chief Executive Officer: Juvenile Welfare Board of Pinellas County City Manager: City of Clearwater Beth A. Houghton Jennifer Poirrier ________________________________________ ________________________________________ Date Date FY24 City of Clearwater-Charting the Course for Youth Page 21 of 28 Attachment 1 Special Conditions of the Agreement The following condition(s) applies to the Program: Charting the Course for Youth All vehicles used by the Provider to transport any program participants in a JWB funded program must be equipped with an alarm system approved by the Department of Children and Families and meet the criteria in the Child Care/School Age (CC/SA) Facility Handbook that prompts the driver to inspect the vehicle for the presence of children before exiting the vehicle. Alarms must be installed and maintained according to the manufacturer’s recommendations. General Condition #10 - Assignments and Subcontracts- The last sentence of paragraph two and of paragraph three in this section are waived: Provider is exempted from submitting Subcontracts, Subcontract Assessments and Subcontract monitoring documentation for individual (not incorporated) providers of overlay services and tutoring services if said individuals of those services are not left alone with children. All other terms of General Condition #10 shall remain the same. General Condition #18 - Provider is waived from personnel file monitoring with JWB wherein the Provider has no non-compliances on PCLB’s most recent monitoring report/inspection checklist/complaint investigation in the area of Personnel and at the time of JWB monitoring is in full compliance with all PCLB regulations pertaining to Personnel, including, but not limited to, personnel records and background screening. JWB reserves the right to monitor personnel files at any time, including if a non-compliance is noted during PCLB’s monitoring/inspection/investigation and at any time JWB deems necessary. Provider will give JWB staff access to all PCLB monitoring reports/inspection checklist/complaint investigations. All other provisions of the Condition remain. General Condition #2h – The sentence is waived. Due to the Provider being subject to the Code of Ethics for Public Officers and Employees, adopted by the Legislature as Part III of Chapter 112, Florida Statutes, the Provider is not required to have a written conflict of interest policy and to obtain appropriate signed statements from its governing board members, officers, and employees on an annual basis. JWB funding is contingent upon the Provider reporting the number of participants that receive swim lessons, time period the lessons are provided, the type of certification held by Life guard/Water Instructor, hourly wage and the number of hours allocated to the activity. Provider approved COST program shall adhere to the JWB approved Program Service Matrix Model Program Components for Out of School Time Programming. Provider shall upload Quarterly Status Reports inclusive of staff turnover and vacancy rates. Quarterly reports shall be uploaded to JWB's Secure Portal by the 20th of the month following the reporting period (i.e. January 20th, April 20th, July 20th, and October 20th).The reports and calculations shall be made using the rate calculators provided in the Workforce Stabilization application. FY24 City of Clearwater-Charting the Course for Youth Page 22 of 28 Provider will ensure that all pool facilities used by Provider comply with all applicable laws, rules and regulations and maintain current inspections, permits and licenses for safe operation of a public swimming pool in accordance with the Florida Department of Health in Pinellas County. Provider will ensure that any and all required certifications and credentials for water safety or swim instruction are current throughout the term Agreement period for all applicable staff. The program will be measured using the standardized assessment for English Language Arts as identified by Pinellas County Schools. The program will be measured using the standardized assessment for Math as identified by Pinellas County Schools. The Provider and all facilities legally required to be licensed must maintain valid licensure. Facilities not required to be licensed must maintain a Certificate of Substantial Compliance issued by the Pinellas County License Board (PCLB). Facilities operated during the summer only are considered Summer Day Camps pursuant to PCLB current regulations. Should any Provider or facility's license or certification be revoked, not renewed, or suspended during the time services are being provided hereunder, the Provider must immediately notify JWB within twenty-four (24) hours in writing and said Provider or facility is no longer qualified to provide services to the Recipients under the terms of this Agreement. At all times during this Agreement, Provider and/or facility's license must be considered in Good Standing, which is defined as having no probationary license status within the preceding twelve (12) months. Should Provider be a party to any written agreement with the Early Learning Coalition (ELC) during the term of this Agreement, Provider must advise JWB in writing of the contract. If Provider’s contract with ELC is terminated or suspended at any time during this Agreement, Provider must, within twenty-four (24) hours, notify JWB in writing and Provider or facility may no longer be qualified to provide the services pursuant to this Agreement. Provider authorizes JWB to speak with PCLB, ELC and any other entity regulating the Provider about anything relevant to Provider's child care license, history of providing care or anything else deemed relevant by JWB. The Provider will work with the assigned JWB Evaluator to implement the Florida Afterschool Network Quality Self-Assessment. The Provider must identify a self-assessment coordinator who will work with the JWB Evaluator to conduct the self-assessment. The self-assessment must be completed and associated performance improvement plan (as appropriate) must be established by the end of the fiscal year. The following condition(s) applies to the Provider: City of Clearwater General Condition #11 - Confidential Information- fifth paragraph, the sentence that states, "Provider shall defend, indemnify and hold harmless JWB from any and all damages caused by the improper disclosure of any confidential information as defined by law including, but not limited to, Protected Health Information under HIPAA and any and all costs associated with remedying the disclosure." is stricken and replaced with the following: "Provider shall defend, indemnify, and hold harmless JWB from any and all damages caused by the provider's improper disclosure of any information including, but not limited to, Protected Health Information under HIPAA and any and all costs associated with remedying the disclosure subject to the doctrine of sovereign immunity and limitations set forth in F.S. 768.28." FY24 City of Clearwater-Charting the Course for Youth Page 23 of 28 General Condition #26 - Indemnification is replaced with "The Provider agrees to be fully responsible for all claims arising out of its own acts of negligence or its respective employees' acts of negligence when acting within the scope of their employment and agrees to be liable for any damages proximately caused thereby; provided, however, that the Provider's liability is subject to the monetary limitations and defenses imposed by section 768.28, F.S. Nothing herein is intended to serve as a waiver of sovereign immunity by the Provider, nor shall anything herein be construed as consent by the Provider to be sued by any third party for any cause or matter arising out of or related to this Agreement except to the extent provided by 768.28, F.S." General Condition #2f - The last sentence is waived: Provider is not required to submit a Continuity of Operations Plan to JWB. General Condition #6 - Board Members and Training is waived. General Conditions #25 - Insurance Requirements are waived wherein the Provider maintains responsibility for the delivery of services. Should the Provider assign or subcontract any of the work contemplated under this Agreement to a non-governmental entity, or to a non-Florida governmental entity, this Insurance Requirements waiver is not applicable to the subcontracted services portion of the contract. Nongovernmental subcontractors and non-Florida governmental subcontractors must demonstrate compliance with the insurance requirements for all subcontracted services performed for Provider for JWB-funded programs. Provider is solely responsible for ensuring subcontractors of the Agreement are in compliance with the minimum insurance requirements as described in General Condition #25. FY24 City of Clearwater-Charting the Course for Youth Page 24 of 28 Attachment 2 Geographical Service Area Provider agrees whenever possible to maintain service sites which are accessible by public transportation and convenient to the target participant group. Provider will advise JWB of any changes made in service sites. The geographical service area for this agreement is as follows: Program Name Participants are eligible Countywide Participants are eligible who reside in the following ZIP codes: Participants are eligible from the following service areas: Charting the Course for Youth Participants will primarily reside in zip codes 33755, and 33756. In addition, participants can reside in the following zip codes: 33763, 33764, 33765, 33770, 33778, 34677, 34695 and 34698. FY24 City of Clearwater-Charting the Course for Youth Page 25 of 28 Attachment 3 *In order to receive payment on the Reimbursement Date, invoices/reimbursement requests must be submitted to JWB by Close of Business on the Submission Due Date (Wednesday), to allow for proper review, and approval by JWB staff. ACCOUNTS PAYABLE SCHEDULE - FY 2024 Pay# Submission Due Date * (Wednesday) Reimbursement Date (Friday) 1 10/04/23 10/13/23 2 10/18/23 10/27/23 3 11/01/23 11/10/23 4 11/15/23 11/24/23 5 11/29/23 12/08/23 6 12/13/23 12/22/23 7 12/27/23 01/05/24 8 01/10/24 01/19/24 9 01/24/24 02/02/24 10 02/07/24 02/16/24 11 02/21/24 03/01/24 12 03/06/24 03/15/24 13 03/20/24 03/29/24 14 04/03/24 04/12/24 15 04/17/24 04/26/24 16 05/01/24 05/10/24 17 05/15/24 05/24/24 18 05/29/24 06/07/24 19 06/12/24 06/21/24 20 06/26/24 07/05/24 21 07/10/24 07/19/24 22 07/24/24 08/02/24 23 08/07/24 08/16/24 24 08/21/24 08/30/24 25 09/04/24 09/13/24 26 09/18/24 09/27/24 27 10/02/24 10/10/24 (September business) 28 10/16/24 10/24/24 (September business) FY24 City of Clearwater-Charting the Course for Youth Page 26 of 28 Attachment 4 Document Submittal Chart This chart is intended as a guide. Submittals required in the General and Special Conditions of the Agreement supersede this guide. Provider Document Time Frame Submit To Approved program methodology Throughout the period of the Agreement Agency Specific JWB Secure Portal Site COOP- WAIVED Within thirty (30) calendar days of effective date of Agreement Agency Specific JWB Secure Portal Site Most Recent Audit Immediately upon receipt by the Provider's board or not to exceed 180 days of the close of the Provider's fiscal year Agency Specific JWB Secure Portal Site Fee Schedules Within thirty (30) calendar days of the effective date of this agreement and upon making changes to the fee schedule Agency Specific JWB Secure Portal Site Monitoring, Site Visit, Accreditation and Licensing Reports No more than thirty (30) calendar days following Provider receipt Agency Specific JWB Secure Portal Site Notification of Change in Participant and/or Finance Data Base Within ninety (90) calendar days in advance of any changes Email to JWB Chief Executive Officer Board Member List- WAIVED Within thirty (30) calendar days of the effective date of this agreement and approval of any change of board composition Agency Specific JWB Secure Portal Site Board Training (Outline of topics, members in attendance, and who provided training) - WAIVED Within six (6) months of joining the Provider board, evidence of training new board members must be provided to JWB within 30 days of the training. Agency Specific JWB Secure Portal Site Subcontracts - Waived in the case of independent providers of tutoring and overlay providers Within thirty (30) calendar days of the effective date of this Agreement and upon revision, amendment and execution thereafter. Agency Specific JWB Secure Portal Site Subcontract Assessment - Waived in the case of independent providers of tutoring and overlay providers Within thirty (30) calendar days of the effective date of this Agreement and upon revision, amendment and execution thereafter. Agency Specific JWB Secure Portal Site Subcontract Monitoring Documentation - Waived in the No more than thirty (30) calendar days following completion of the monitoring activities. Agency Specific JWB Secure Portal Site FY24 City of Clearwater-Charting the Course for Youth Page 27 of 28 case of independent providers of tutoring and overlay providers Incident Reports Within one (1) business day of knowledge of any incident IRreviewteam@jwbpinellas.org Executive Director Affidavit (Providers using VECHS) – Not applicable Within thirty (30) calendar days of the effective date of this Agreement and upon change of staff in this position Agency Specific JWB Secure Portal Site Procedure for General Condition #18 - Provider Staff Background Checks (Providers using VECHS) – Not applicable Within thirty (30) calendar days of the effective date of this Agreement Agency Specific JWB Secure Portal Site Drug-Free Workplace policy Within thirty (30) calendar days of effective date of Agreement and upon revision and approval by the Provider's board Agency Specific JWB Secure Portal Site Insurance Documentation – WAIVED – Unless services Subcontracted Throughout the period of the Agreement and with renewal or replacement at least fifteen (15) calendar days prior to the expiration or termination of such insurance. Agency Specific JWB Secure Portal Site FY24 City of Clearwater-Charting the Course for Youth Page 28 of 28 Attachment 5 City of Clearwater Charting the Course for Youth Performance Measurement Outcome Measure 2023-10-01 - 2024-09-30 Target Description Notes 90% of eligible participants will indicate satisfaction in all applicable domains in the program's OST survey. The survey assesses participant opinions about satisfaction in the program, including in the domains of program engagement, SEL, leadership, academics, STEAM, and healthy decision making. Eligibility is defined as being enrolled in grades 3 or higher, enrolled before January, and active during the administration period (April). The denominator includes all participants who are eligible, while the numerator counts the number of people out of those eligible who took the survey. Applicable domains include program engagement, SEL, academics, and STEAM. 95% of participants will miss less than 10% of school days This will include both excused and unexcused absences from school. Eligibility: Participants who are enrolled between the months of Aug of the prior FY and May who have at least 30 days of programmatic attendance. Process Measure 2023-10-01 - 2024-09-30 Target Description Notes 65% of eligible participants continued in the program for at least two consecutive years. Eligibility: Any participant who could return to the program. Initially in the program 30 days. Currently in the program 30 days or more. Consecutive years: Served in two fiscal years back to back. 70% of eligible participants will attend 70% of program days or more Eligibility: Participants who attend the program for at least 30 days Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1048 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve a purchase order to Shade Systems, Inc., of Ocala, Florida for the purchase and installation of Athletic Shade Structures at Baycare Ballpark in an amount of $131,004.00, 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: Baycare Ballpark is the spring training home of the Philadelphia Phillies Baseball Club as well as the home of the Clearwater Threshers minor league baseball team. One of the new regulations governing minor league baseball stadiums is a requirement to provide shade in the bullpen areas to protect ballplayers and coaches from the extreme heat . The current bullpens at Baycare Ballpark do not have shade structures to meet this requirement. This contract will provide for the purchase and installation of an athletic shade structure system, including structural elements, canvas material, and associated construction. The proposed pricing with Shade Systems, Inc., in the amount of $128,793.00 has been established under a piggyback contract with the Volusia County School Board, pursuant to Contract No . #MTS-906BC: Playgrounds & Related Equipment, which has been extended through January 31, 2024. Shipping and handling in the amount of $2,211.00 is procured as impractical. This contract is for a period of 14 weeks, to begin upon issuance of a notice to proceed and will be completed prior to the beginning of Spring Training 2024. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project M2204 Carpenter & Baycare Ballfield Repair and Replacement. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/31/2023 4150 S.W. 19 Street Ocala, FL 34474 p: (800) 609-6066 | f: (352) 237-2256 www.shadesystemsinc.com Sales Order Bill To: City of Clearwater 100 S. Myrtle Avenue Clearwater, Florida 33756 Matthew Anderson matt.anderson@myclearwater.com Project Name: BayCare Ball Park Bullpen Prepared By: Quote No.: Quote Date: Expires On: Jeremy Purkis (ext. 119) (800) 609-6066 jeremy@shadesystemsinc.com Q-10197 8/15/2023 11/15/2023 Thank you for your interest in Shade Systems. We are happy to quote the following product(s): QTY DESCRIPTION EACH TOTAL 1 Custom Monoslope Cantilever System Per The Attached Drawing Number: Q-10197, Dated 06/14/2023 Per the Following: CoolNet™ Color:____________ Powder-Coat Color:____________ $0.00 $0.00 3 Model No. SC252512 Cantilever $14,597.00 $43,791.00 4 Model No. PMT6 - Pier Mount Column - Over 6" Column Diameter $717.00 $2,868.00 2 Model No. SPCOL - Custom Powder Coat Color Charge $448.00 $896.00 1 Model No. ENGDWG - Florida Professional Engineer Sealed Drawings $896.00 $896.00 1 Model No. ENGCAL - Florida Professional Engineer Sealed Calculations $896.00 $896.00 1 Less: 25% Discount Per Volusia County School Contract # MTS-906BC (For Product) $-12,336.75 $-12,336.75 1 Optional: Professional installation, including truck unloading, permitting, concrete cutting, excavation and concrete footings, dirt haul off, erection of frame and fabric, and materials. (Does not include permit fees. Permit fees to be waived by City or added to final invoice at cost.) $122,377.00 $122,377.00 1 Less: 25% Discount Per Volusia County School Contract # MTS-906BC (For Installation) $-30,594.25 $-30,594.25 1 Shipping / Handling Charge to Clearwater, Florida 33765 $2,211.00 $2,211.00 TOTAL:$131,004.00 IMPORTANT TERMS & CONDITIONS: •All products quoted are per standard Shade Systems specifications per our catalog with column type(s) indicated. •No site work, or landscaping, are included. We are not responsible for any damages to underground utilities or irrigation lines, nor for replenishment of any damaged sod or landscaping/trees. Customer is responsible for identifying any underground utilities and capping or re-routing same. Customer to provide clear access to site for heavy machinery, including any tree removal or trimming, including removal of any fence sections as required. •While we always take care to protect property, because we must access the installation site with heavy equipment, we cannot be responsible for any damages to existing sidewalks, pavers, asphalt or other hardscapes or sod as we pass over them. •Customer to provide a current survey of the site. Quote to include our standard professional engineer-sealed drawings and calculations only. Any additional building department requests such as "community appearance board" meeting(s), soil borings, testing, spot survey, etc., which require the services of a professional engineer are not included in this quotation. This quote assumes normal ground conditions; unusual underground conditions such as high water table, loose/unstable soil conditions, underground boulders, or other unexpected underground obstacles which necessitate extraction or soil testing and/ or re-design of footings are not included and will be quoted as an additional cost if encountered. •The sizes and heights proposed are pursuant to information you have provided and must be verified by you on site. We are not responsible for any conflicts with existing conditions, being too close to landscaping, sidewalks, curbs, seating areas, buildings, etc. •This quote is subject to site inspection at which time obstacles or other adverse site conditions may require a change in quotation. Page 1 of 2 •Current shipping schedule is estimated at 6 to 8 weeks after issuance of permit. (All Associated Permitting Fees Are Excluded) •To place this order, please indicate desired colors in the space above and return signed copy of this Sales Order with your official municipal purchase order. Payment terms are Net 30 Days. ABOVE APPROVED AND ACCEPTED: By signing below, Buyer accepts the terms and conditions of this Sales Order and directs Shade Systems to provide the products listed for the amounts shown. Buyer agrees this order is not cancelable. BY: _____________________________________________________ TITLE: ________________ DATE: ________________ Page 2 of 2 IMPORTANT: The footings sizes provided are estimated only. Depending on local conditions, actual engineered concrete footings may be substantially larger than estimates provided herein. Shade Systems is not responsible for actual engineered footings sizes differing from the estimates given or for any additional concrete installation costs which may be incurred by you as a result thereof.Custom CantileverQ-10197 1/27/23, 8:00 AM BoardDocs® Pro https://go.boarddocs.com/fla/vcsfl/Board.nsf/Public 1/1 The School Board of Volusia County, Florida200 N. Clara Avenue, DeLand, FL 32720 Agenda Item Details Motion & Voting Meeting Jan 24, 2023 - Agenda - 4:30 PM Regular Session - The School Board of Volusia County, Florida Category 13. Consent-Operations Services-Purchasing Subject 13.01 Renewal - Contract No. MTS-906BC - Playground & Related Equipment Type Action (Consent) Fiscal Impact Yes Dollar Amount 771,956.70 Budgeted Yes Budget Source Capital Outlay Fund Recommended Action The superintendent recommends approval for Renewal - Contract No. MTS-906BC - Playground & Related Equipment. BACKGROUND: This contract renewal will be utilized by the district to secure new and replacement Playground and Related Equipment and/or Services District-wide on an as-needed basis. SUBMITTED BY: Maria Kraft, Director of Purchasing and Warehouse Services 1-24-23 BOARD - Renewal MTS-906BC Playgrounds.pdf (8,849 KB) The superintendent recommends approval of all items in the consent agenda. Motion by Anita Burnette, second by Jessica Thompson. Final Resolution: Motion Carries Yea: Carl Persis, Jamie Haynes, Ruben Colón, Anita Burnette, Jessica Thompson 4150 S.W. 19 Street - Ocala, FL 34474 - Tel: 1-800-609-6066 - FAX: 352-237-2256 - www.shadesystemsinc.com Price List No. TNS102122 (eff. 2/01/23) Model #W x L 8' high 10' high 12' high 14' high Ship Wt (lbs up to 10' high) Ship Wt (lbs for 12') Ship Wt (lbs for 14')SQ FT SQUARES: S1010 10 x 10 4,142 4,806 5,470 N/A 691 n/a n/a 100 S1212 12 x 12 4,308 4,972 5,801 N/A 704 n/a n/a 144 S1515 15 x 15 5,470 5,801 6,465 N/A 782 n/a n/a 225 S2020 20 x 20 6,133 6,797 7,461 N/A 841 1,739 n/a 400 S2525 25 x 25 9,203 9,867 10,531 11,527 1,992 2,232 2,472 625 S3030 30 x 30 12,854 13,850 14,348 16,090 2,292 2,532 2,772 900 S3535 35 x 35 19,907 20,820 21,898 22,645 2,554 3,328 3,568 1,225 S4040 40 x 40 25,632 26,877 27,375 29,864 2,993 3,353 3,713 1,600 S4545 45 x 45 35,340 36,253 37,331 38,327 3,914 4,154 4,394 2,025 S5050 50 x 50 42,144 43,969 45,629 50,192 4,274 4,553 5,868 2,500 S6060 60 x 60 52,598 54,424 56,083 58,738 6,569 6,962 7,356 3,600 RECTANGLES: R1015 10 x 15 4,889 5,553 6,631 N/A 755 n/a n/a 150 R1020 10 x 20 5,553 5,884 6,880 N/A 782 n/a n/a 200 R1520 15 x 20 5,884 6,382 7,461 N/A 810 1,708 n/a 300 R0830 8 x 30 7,793 8,291 N/A N/A 746 n/a n/a 240 R1530 15 x 30 8,291 8,789 9,286 N/A 1,582 1,774 n/a 450 R1225 12 x 25 5,884 6,548 7,212 N/A 827 918 n/a 300 R1425 14 x 25 6,050 6,631 8,291 N/A 838 929 n/a 350 R1825 18 x 25 6,963 7,627 8,789 N/A 1,566 1,758 n/a 450 R2025 20 x 25 7,461 8,125 9,286 N/A 1,577 1,769 n/a 500 R2030 20 x 30 8,540 9,369 9,950 11,029 1,610 1,802 1,994 600 R2035 20 x 35 13,269 14,099 14,763 15,426 1,644 1,836 2,028 700 R2040 20 x 40 15,426 16,090 16,754 17,750 1,682 1,874 2,066 800 R2540 25 x 40 16,256 16,920 17,750 18,745 2,134 2,326 3,295 1,000 R3035 30 x 35 16,256 16,920 17,750 18,745 2,124 2,316 3,286 1,050 R3040 30 x 40 18,082 19,077 20,903 21,898 2,200 3,083 3,361 1,200 R3045 30 x 45 21,981 23,724 24,885 26,130 2,274 3,157 3,436 1,350 R3050 30 x 50 23,060 24,222 25,466 26,545 2,953 3,232 3,510 1,500 R3550 35 x 50 24,719 25,964 26,877 28,536 3,024 3,302 3,581 1,750 R4050 40 x 50 29,615 30,362 30,859 33,515 4,018 4,296 4,574 2,000 R4055 40 x 55 33,100 34,676 36,253 37,829 4,154 4,433 4,711 2,200 R4060 40 x 60 39,240 40,982 42,725 49,694 4,292 4,571 5,886 2,400 R5060 50 x 60 47,288 49,362 51,437 55,254 4,532 5,732 6,126 3,000 MULTI_LEVELS: ML3030 30 x 30 28,228 29,572 30,916 32,260 3000 3278 3556 900 ML3535 35 x 35 38,421 40,250 42,080 43,909 3896 4174 4452 1,225 ML4040 40 x 40 50,182 52,572 54,962 57,351 4330 4608 4886 1,600 ML4545 45 x 45 63,512 66,536 69,561 72,585 5204 5482 5760 2,025 ML5050 50 x 50 78,410 82,144 85,877 89,611 5879 6157 6435 2,500 ML2535 25 x 35 27,443 28,750 30,057 31,364 2996 3274 3552 875 ML3040 30 x 40 37,637 39,429 41,221 43,013 4025 4303 4581 1,200 ML3545 35 x 45 49,398 51,750 54,103 56,455 4280 4558 4836 1,575 ML4050 40 x 50 62,728 65,715 68,702 71,689 4899 5177 5455 2,000 MLH30 30 dia.23,442 24,637 25,832 27,027 3000 3278 3556 585 MLH40 40 dia.32,851 34,345 35,839 37,332 3896 4174 4452 1,040 MLH50 50 dia.61,228 63,469 65,709 67,949 5204 5482 5760 1,625 PRICES FOR PRODUCTS 4150 S.W. 19 Street - Ocala, FL 34474 - Tel: 1-800-609-6066 - FAX: 352-237-2256 - www.shadesystemsinc.com Price List No. TNS102122 (eff. 2/01/23) Model #W x L 8' high 10' high 12' high 14' high Ship Wt (lbs up to 10' high) Ship Wt (lbs for 12') Ship Wt (lbs for 14')SQ FT PRICES FOR PRODUCTS SHADE KITES:7'/14' posts 8'/16' posts 9'/17' posts 10'/18' posts SK1515 15 x 15 8,291 8,789 N/A N/A 962 n/a n/a 225 SK1818 18 x 18 8,706 9,203 10,116 10,780 1,243 1,710 n/a 324 SK2020 20 x 20 9,369 10,116 10,780 11,444 1,443 1,736 1,928 400 SK2525 25 x 25 12,605 13,103 13,601 14,265 2,084 2,324 2,564 625 SK3030 30 x 30 15,924 16,837 17,750 18,828 2,392 2,632 2,872 900 HEXAGONS: H16 16 dia.11,112 11,859 13,269 N/A 1,109 1,187 n/aH2020dia.11,361 12,024 13,518 N/A 1,152 1,289 n/aH2525dia.13,020 14,680 15,343 16,837 1,211 1,348 2,845 H27 27 dia.13,850 15,675 16,505 18,165 1,235 1,372 2,869 H30 30 dia.15,177 17,003 18,165 19,990 1,272 2,618 2,906 H35 35 dia.18,247 19,907 20,488 22,313 2,395 2,683 2,971 H40 40 dia.19,907 20,903 22,230 23,890 3,572 3,692 4,084 H45 45 dia.32,104 33,929 35,008 36,999 4,684 5,020 5,260 H50 50 dia.44,052 45,629 47,122 48,948 5,683 5,923 6,163 H60 60 dia.56,598 59,111 61,617 64,066 6,206 6,512 6,870 OCTAGONS:O25 25 dia.15,675 16,754 17,833 18,828 1,598 1,781 1,963 O27 27 dia.18,994 20,654 21,815 23,392 1,628 3,424 3,808 O30 30 dia.19,243 20,903 22,064 23,724 3,085 3,469 3,853 O33 33 dia.20,820 23,143 24,139 26,462 3,132 3,516 3,900 O35 35 dia.22,479 25,466 26,628 27,789 3,164 3,548 3,708 O40 40 dia.28,121 32,270 33,598 35,091 4,286 4,446 4,606 O45 45 dia.35,755 40,401 42,393 48,118 5,620 5,940 6,260 O50 50 dia.47,919 50,209 51,536 58,656 6,820 7,140 7,460 O60 60 dia.63,616 66,889 68,848 72,071 7,125 7,436 7,686 T-CANTILEVERS: TC0818 8 x 18 6,963 7,295 7,627 N/A 723 1,048 n/a 144 TC1218 12 x 18 7,627 7,959 8,291 N/A 1,048 1,128 n/a 216 TC1425 14 x 25 8,789 9,286 9,784 N/A 1,092 1,172 n/a 350 TC1430 14 x 30 9,286 9,784 10,282 N/A 1,120 1,200 n/a 420 TC1630 16 x 30 9,950 10,448 10,946 N/A 1,560 1,752 n/a 480 TC1830 18 x 30 10,780 11,278 11,776 N/A 1,610 1,802 n/a 540 OFFSET T-CANTILEVERS:OTC1020 10 x 20 7,627 7,959 8,291 N/A 1,048 1,128 n/a 200 OTC1220 12 x 20 8,125 8,457 8,954 N/A 1,098 1,178 n/a 240 OTC1420 14 x 20 8,623 8,954 9,452 N/A 1,148 1,178 n/a 280 OTC1025 10 x 25 8,291 8,623 9,120 N/A 1,048 1,128 n/a 250 OTC1225 12 x 25 8,789 9,120 9,618 N/A 1,098 1,178 n/a 300 OTC1425 14 x 25 9,286 9,618 10,116 N/A 1,142 1,192 n/a 350 OTC1030 10 x 30 9,120 9,452 9,950 N/A 1,098 1,178 n/a 300 OTC1230 12 x 30 9,618 9,950 10,448 N/A 1,142 1,192 n/a 360 OTC1430 14 x 30 10,116 10,448 10,946 N/A 1,192 1,242 n/a 420 SINGLE CANTILEVERS: SC1920 19 x 20 9,950 10,448 12,107 N/A 1,907 2,099 n/a 380 SC1925 19 x 25 10,780 11,278 12,937 N/A 1,934 2,126 n/a 475 SC1930 19 x 30 11,610 12,273 13,601 N/A 1,972 2,164 n/a 570 SC2525 25 x 25 12,605 13,103 14,597 N/A 2,234 2,426 n/a 625 SC2530 25 x 30 14,265 14,763 16,256 N/A 2,334 2,526 n/a 750 4150 S.W. 19 Street - Ocala, FL 34474 - Tel: 1-800-609-6066 - FAX: 352-237-2256 - www.shadesystemsinc.com Price List No. TNS102122 (eff. 2/01/23) Model #W x L 8' high 10' high 12' high 14' high Ship Wt (lbs up to 10' high) Ship Wt (lbs for 12') Ship Wt (lbs for 14')SQ FT PRICES FOR PRODUCTS ARC CANTILEVERS:AC1920 19 x 20 17,413 18,284 21,188 N/A 2,861 3,149 n/a 380 AC1925 19 x 25 18,865 19,736 22,640 N/A 2,901 3,189 n/a 475 AC1930 19 x 30 20,317 21,478 23,802 N/A 2,958 3,246 n/a 570 AC2525 25 x 25 22,059 22,931 25,544 N/A 3,351 3,639 n/a 625 AC2530 25 x 30 24,963 25,835 28,448 N/A 3,501 3,789 n/a 750 DOUBLE CANTILEVERS: DC3820 38 x 20 18,247 19,243 20,239 N/A 2,634 2,826 n/a 760 DC3825 38 x 25 19,907 20,903 21,898 N/A 2,677 2,869 n/a 950 DC3830 38 x 30 21,566 22,562 23,558 N/A 2,732 2,924 n/a 1,140 DOUBLE POST HIP CANTILEVER: HC1422 14 x 22 5,801 6,133 N/A N/A 686 n/a n/a 308 SHADE WALK: SW0815 8 x 15 6,465 6,797 N/A N/A 850 n/a n/a 120 SW0830 8 x 30 9,286 9,618 N/A N/A 1,140 n/a n/a 240 SW1015 10 x 15 7,461 7,793 N/A N/A 858 n/a n/a 150 SW1030 10 x 30 10,282 10,614 N/A N/A 1,290 n/a n/a 300 SINGLE POST PYRAMIDS: SP0808 8 x 8 4,972 5,138 N/A N/A 404 n/a n/a 64 SP1010 10 x 10 5,138 5,304 N/A N/A 424 n/a n/a 100 SP1212 12 x 12 5,304 5,470 N/A N/A 446 n/a n/a 144 SP1515 15 x 15 6,133 6,299 N/A N/A 478 n/a n/a 225 SP2020 20 x 20 9,784 10,448 N/A N/A 940 n/a n/a 400 OFFSET SINGLE POST PYRAMIDS: OSP0808 8 x 8 5,801 5,967 7,129 7,295 424 n/a n/a 64 OSP1010 10 x 10 5,967 6,133 7,627 7,793 444 n/a n/a 100 OSP1212 12 x 12 6,133 6,299 8,125 8,291 466 n/a n/a 144 OSP1515 15 x 15 7,129 7,295 9,784 9,950 498 n/a n/a 225 OSP2020 20 x 20 11,444 12,107 14,431 15,095 990 n/a n/a 400 SINGLE POST UMBRELLAS: U16 16 dia.6,465 6,631 N/A N/A 720 n/a n/a U18 18 dia.6,797 6,963 N/A N/A 840 n/a n/a U20 20 dia.7,129 7,295 N/A N/A 960 n/a n/a TORNADO: TN121612 11,195 N/A N/A N/A 720 n/a n/a TN152015 12,689 N/A N/A N/A 960 n/a n/a NOTES: Prices are in U.S. dollars, F.O.B. Ocala, Florida, U.S.A., and are subject to change at any time without notice. Prices do not include any engineer-sealed drawings, installation, or taxes. Weights are approximate and may vary. Heights shown are stated as entry height (height of eaves). All prices include powder-coated finish on metal components in standard Shade Systems colors as shown in our catalog. Add $800.00 per special color. Optional two-tone fabrics available at additional cost. Key to Models: S=Square, R=Rectangle, SK=Shade Kite, H=Hexagon, O=Octagon, TC=T-Cantilever, SP=Single Post Pyramid, U=Single Post Umbrella, TN=Tornado, ML = Multi-Level, OSP=Offset Single Post Pyramid, SW=Shade Walk Price List No. MISC102122VC 1-800-609-6066 (eff. 02/01/23) Model #$$ POST PADS: P400 552 P500 552 P600 618 P800 700 P1000 782 P1200 913 P1400 1,028 P1600 1,143 3-SIDED SAILS: SAT2514 17,516 SAT2514A 10,510 SAT2520 26,277 SAT2520A 15,766 SAT3514 20,437 SAT3514A 12,262 SAT3520 29,197 SAT3520A 17,518 SAT4514 23,357 SAT4514A 14,014 SAT4520 32,118 SAT4520A 19,271 SAT5514 26,277 SAT5514A 15,766 SAT5520 35,038 SAT5520A 21,023 4-SIDED SAILS: SAF2514 17,516 SAF2514A 14,013 Up to 25' per side (4-sided) canopy with 4 support columns -max. 14' high per column Add another 4-sided canopy up to 25' per side with 2 column - max. 14' high Add another triangular up to 55' per side with 1 column - max. 14' Up to 55' per side triangular canopy with 3 support columns -max. 20' high per column Add another triangular up to 55' per side with 1 column - max. 20' Up to 45' per side triangular canopy with 3 support columns -max. 20' high per column Add another triangular up to 45' per side with 1 column - max. 20' Up to 55' per side triangular canopy with 3 support columns -max. 14' high per column Add another triangular up to 35' per side with 1 column - max. 20' Up to 45' per side triangular canopy with 3 support columns -max. 14' high per column Add another triangular up to 45' per side with 1 column - max. 14' Up to 35' per side triangular canopy with 3 support columns max 14' high per column Add another triangular up to 35' per side with 1 column - max. 14' Up to 35' per side triangular canopy with 3 support columns -max. 20' high per column Up to 25' per side triangular canopy with 3 support columns -max. 20' high per column Add another triangular up to 25' per side with 1 column - max. 20' Pad for 14" Column Pad for 16" Column Up to 25' per side triangular canopy with 3 support columns -max. 14' high per column Pad for 12" Column Pad for 4" Column Pad for 5" Column Pad for 6" Column Add another triangular up to 25' per side with 1 column - max. 14' 4150 S.W. 19 Street - Ocala, FL 34474 - Tel: 1-800-609-6066 - FAX: 352-237-2256 - www.shadesystemsinc.com PRICES FOR SAILS AND MISC ITEMS Description Pad for 8" Column Pad for 10" Column Price List No. MISC102122VC 1-800-609-6066 (eff. 02/01/23) Model #$$ 4150 S.W. 19 Street - Ocala, FL 34474 - Tel: 1-800-609-6066 - FAX: 352-237-2256 - www.shadesystemsinc.com PRICES FOR SAILS AND MISC ITEMS Description 4-SIDED SAILS (CONTINUED): SAF2520 26,277 SAF2520A 21,022 SAF3514 27,248 SAF3514A 16,349 SAF3520 29,198 SAF3520A 23,359 SAF4514 23,357 SAF4514A 18,686 SAF4520 32,118 SAF4520A 25,695 SAF5514 26,277 SAF5514A 21,022 SAF5520 35,038 SAF5520A 28,030 MISC CHARGES AND OPTIONS: PMT 538 PMT6 717 ENGDWG 896 ENGCAL 896 SPCOL 448 TWOTONESK 717 TWOTONESP 1075 TWOTONEL 1463 NOTES: Prices are in U.S. dollars, F.O.B. Ocala, Florida, U.S.A., and are subject to change at any time without notice. Prices do not include any engineer-sealed drawings, installation, or taxes. Weights are approximate and may vary. Heights shown are stated as entry height (height of eaves). All prices include powder-coated finish on metal components in standard Shade Systems colors as shown in our catalog. Add $800.00 per special color. Two-tone fabric color charge -Shade Kite Two-tone fabric color charge -Single Post Two-tone fabric color charge -Other Professional Engineer Sealed Drawings Professional Engineer Sealed Calculations Special Color charge Add another 4-sided canopy up to 55' per side with 2 column - max. 20' high Pier Mount Column -up to 6" Pier Mount Column -over 6" Up to 55' per side (4-sided) canopy with 4 support columns -max. 14' high per column Add another 4-sided canopy up to 55' per side with 2 column - max. 14' highUp to 55' per side (4-sided) canopy with 4 support columns -max. 20' high per column Add another 4-sided canopy up to 45' per side with 2 column - max. 14' highUp to 45' per side (4-sided) canopy with 4 support columns -max. 20' high per column Add another 4-sided canopy up to 45' per side with 2 column - max. 20' high Up to 35' per side (4-sided) canopy with 4 support columns -max. 20' high per column Add another 4-sided canopy up to 35' per side with 2 column - max. 14' highUp to 45' per side (4-sided) canopy with 4 support columns -max. 20' high per column Add another 4-sided canopy up to 25' per side with 2 column - max. 20' highUp to 35' per side (4-sided) canopy with 4 support columns max 14' high per columnAdd another 4-sided canopy up to 35' per side with 2 column - max. 14' high Up to 25' per side (4-sided) canopy with 4 support columns -max. 20' high per column Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0980 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve an Event License Agreement between Jones Lang LaSalle Americas, Inc, in its capacity as agent for the owner of the premises known as Countryside Mall, located at 27001 US Highway 19 North, Clearwater, Florida, and the City of Clearwater Police Department for the purpose of hosting the National Night Out Event on October 3, 2023, located at the Countryside Mall and authorize the appropriate officials to execute same. (consent) SUMMARY: Jones Lang LaSalle Americas, Inc and the Clearwater Police Department have entered into a cooperative agreement to allow the police department access to use the property at Countryside Mall during the National Night Out Event on October 3, 2023. The property manager requests the Clearwater Police Department (CPD) agree to the terms and conditions outlined in the Event License Agreement between Jones Lang LaSalle Americas, Inc., and CPD. Additionally, the property manager requests CPD hold harmless Jones Lang LaSalle Americas, Inc. from and against any and all loss liability, damage, cost or expense arising out of or related to CPD’s use of the property. Nothing in the agreement, however, shall be deemed a waiver of the limitations on liability contained in Section 768.28, Florida Statutes, or the doctrine of sovereign immunity. There are no costs associated with this Event License Agreement. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0989 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Renew Financial Assistance Agreement between the Florida Department of Law Enforcement and the City of Clearwater, necessary to facilitate a current mutual aid agreement between the two entities, effective upon execution through June 30, 2024, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Department of Law Enforcement and the City of Clearwater have determined that they can make efficient use of their powers and resources, in certain criminal cases that may require specialized expertise and have the potential to cross jurisdictional lines, through coordination and sharing of specialized technical resources and personnel. Chapter 23, Florida Statutes, authorizes law enforcement agencies to enter into mutual aid agreements for rendering voluntary assistance of a routine law enforcement nature to one another across jurisdictional lines and to enter into operational assistance agreements whereby each agency may request and render law enforcement assistance to the other law enforcement agencies during emergencies under Section 252.34, Florida Statutes. Council previously approved the Electronic Surveillance Support Team Multi-Agency Voluntary Cooperation Mutual Aid Agreement with an expiration date of June 30, 2025. This agreement allows for the reimbursement of certain expenses incurred by the City of Clearwater. The Financial Assistance Agreement between the Florida Department of Law Enforcement (FDLE) and the City of Clearwater outlines the eligible costs available for reimbursement by the FDLE and the process to apply for reimbursement. This agreement must be renewed annually, and due to the nature of the agreement, it is required to come before Council for approval. The agreement provides for reimbursement of overtime (salaries and benefits) and expense (travel and training). Funds will be reimbursed up to an annual maximum of $12,500.00 per task force participant. Total reimbursement for all participating agencies for the ESST/CHT task force under FDLE’s appropriation shall not exceed $300,000.00. Page 1 City of Clearwater Printed on 8/31/2023 File Number: ID#23-0989 If the total monetary amount of the financial assistance provided to the City of Clearwater is equal to or exceeds $750,000.00 in any fiscal year, the participant must have a state single audit for such fiscal year in accordance with Section 215.97, Florida Statutes. There is no budgetary impact associated with the ESST Mutual Aid Agreement. APPROPRIATION CODE AND AMOUNT: N/A Page 2 City of Clearwater Printed on 8/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1009 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approve an agreement with the Pinellas County Sheriff’s Office, Largo, Florida, in the amount not to exceed $499,861.50 for forensic crime scene processing, latent prints, property and evidence storage, and Pinellas Juvenile Assessment Center services, during the one-year contract period commencing on October 1, 2023 through September 30, 2024, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Sheriff’s Office (PCSO) and the Clearwater Police Department (CPD) began an annual contractual agreement for services in January 1994. The agreements have covered forensic crime scene processing, latent fingerprint examination, property and evidence storage, and shared security costs for the Pinellas Juvenile Assessment Center (PJAC). The total cost for the proposed agreement for Fiscal Year 2023-2024 is $499,861.50. While the individual services reflect a 7.6% increase, the projected numbers for each service item were adjusted by CPD based on previous year’s data and thus, the proposed contractual agreement reflects a 14% decrease from the agreement in the previous fiscal year. This agreement is based on the following associated costs: Forensic Science Services (Crime Scene Processing) - 900 calls for service at $286.09 each, totaling $257,481.00. Fingerprint Services - 450 cases at $105.17 each, totaling $47,326.50. Property and Evidence Storage - 11,650 items at $14.76 each, totaling $171,954.00. Pinellas Juvenile Assessment Center (PJAC) - 275 juveniles transported at $84.00 each, totaling $23,100.00. At the end of the contract, any funds remaining from unused calls for service will be refunded to the City. APPROPRIATION CODE AND AMOUNT: Funding for this contractual agreement is included in the Police Department’s fiscal year 2023-2024 operating budget request for cost code, 0101155-530300, contractual services. Page 1 City of Clearwater Printed on 8/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1024 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.4 SUBJECT/RECOMMENDATION: Approve acceptance of University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology and Management (IPTM), High Visibility Education (HVE) and Enforcement Campaign for Pedestrian and Bicycle Safety Grant Award in the amount of $27,233.22 for police overtime, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Clearwater Police Department (CPD) submitted an application under the state HVE program to continue its grant-funded pedestrian and bicycle safety project. The grant has been officially awarded in the amount of $27,233.22 and CPD now seeks approval to accept it. CPD has conducted grant-funded comprehensive enforcement/education projects since March 2014 aimed at changing the behavior of all who use Clearwater’s roadways - pedestrians, bicyclists, and motorists. Due to the success of the previous projects, IPTM would like to see Clearwater continue to build upon what it has already accomplished. CPD will again carefully select a pool of patrol officers/sergeants for this project who have demonstrated a sincere interest and affinity for traffic, bicycle, and pedestrian enforcement. Enforcement will focus on areas with a high volume of pedestrian traffic and/or crashes as compared to other parts of the city. The project period will commence within 30 days of the contract execution date and will end on or before May 10, 2024. As with the previous grants, selected officers will receive specific training as required on traffic enforcement and educational opportunities with the public prior to implementation of the project. CPD will also work closely with the University during the project period to ensure accurate data collection and to advise of any problems or successes that are accomplished. CPD will continue to get the word out about the project through a variety of means. CPD’s Public Safety Information Officer will distribute a minimum of two releases, as outlined in the agreement. Page 1 City of Clearwater Printed on 8/31/2023 File Number: ID#23-1024 There will be no direct adverse impact to the Police Department annual operating budget nor is there a required match. APPROPRIATION CODE AND AMOUNT: Special project number G2308 - Pedestrian/Bicycle Safety Grant 2024, will be established to account for the grant expenditures. Page 2 City of Clearwater Printed on 8/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0992 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Works Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve the final plat for Landmark of Clearwater, whose physical address is 2680 Landmark Drive, located on the southwest corner of State Road 580 and Landmark Drive. (consent) SUMMARY: This plat will create 2 lots from an existing 8.63-acre site. The existing structures will remain. One lot will be for the existing church building and the other will be for the existing school building which will be converted to a medical clinic. This was reviewed and approved by the Community Development Board on May 16, 2023. Page 1 City of Clearwater Printed on 8/31/2023 LANDMARK OF CLEARWATER A PARCEL OF LAND CITY LYING IN SECTION OF CLEARWATER, 29, TOWNSHIP 28 PINELLAS COUNTY, SOUTH, RANGE FLORIDA. 1 6 EAST, LEGAL DESCRIPTION COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA , THENCE RUN N 89'38'22" E, ALONG THE NORTH BOUNDARY OF THE SOUTHEAST 1/4 OF SAID SECTION 29, 1200.00 FEET, ALSO BEING THE CENTERLINE OF STATE ROAD 580; THENCE S 00'02'03" W, 53.70 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF STATE 580 AS RECORDED IN ORDER OF TAKING IN OFFICIAL RECORDS BOOK 8157, PAGE 879, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA , ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES; 1.) N 89'27'58" E, 322. 78 FEET; 2.) S 45'09'18" E, 38.38 FEET TO A POINT OF THE WESTERLY RIGHT-OF-WAY LINE OF LANDMARK DRIVE (100.00' RIGHT-OF-WAY); THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES; 1.) S 00'02'03" W, 517.70 FEET; 2.) ALONG A CURVE TO THE LEFT, CONCAVE NORTHEAST, HAVING A RADIUS OF 934.75 FEET, AN ARC OF 218.51 FEET, CHORD BEARING S 06'39'49" E, 218.02 FEET; THENCE S 89'38'22" W, 775.42 FEET: THENCE N 00'02'03" E. 269.85 FEET; THENCE N 89'38'22" E, 400.00 FEET; THENCE N 00'02'03" E. 490.81 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINING 375,833 SQUARE FEET±, OR 8.63± ACRES, MORE OR LESS. GENERAL NOTES: 1.SUBDIVISION PLATS BY NO MEANS REPRESENT A DETERMINATION OF WHETHER PROPERTIES WILL ORWILL NOT FLOOD. LAND WITHIN THE BOUNDARIES OF THIS PLAT MAY OR MAY NOT BE SUBJECT TOFLOODING; THE DEVELOPMENT REVIEW DIVISION OF PINELLAS COUNTY HAS INFORMATION REGARDINGFLOODING AND RESTRICTIONS ON DEVELOPMENT. 2.THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BEFOUND IN THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. 3.THE BEARING BASIS IS PER LEGAL, BEING THE WESTERLY RIGHT-OF-WAY OF LANDMARK DRIVE BEING S 00'02'03" w. 4.ALL PLATTED UTILITY EASEMENTS SHALL ALSO BE EASEMENTS FOR THE CONSTRUCTION, INSTALLATION,MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES; PROVIDED, HOWEVER, NO SUCHCONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES SHALLINTERFERE WITH THE FACILITIES AND SERVICES OF AN ELECTRIC, TELEPHONE, GAS, OR OTHER PUBLICUTILITIES. SURVEYOR'S CERTIFICATION: I, THE UNDERSIGNED PROFESSIONAL LAND SURVEYOR, HEREBY CERTIFY THAT THIS PLAT IS A TRUE AND CORRECT REPRESENTATION OF THE LANDS SURVEYED, THAT THE SURVEY & PLAT WERE MADE UNDER MY RESPONSIBLE DIRECTION AND SUPERVISION, THAT THEY COMPLY WITH ALL OF THE SURVEY REQUIREMENTS OF CHAPTER 177 PART I, FLORIDA STATUTES AND THE SUBDIVISION REQUIREMENTS OF THE CITY OF CLEARWATER AND THE PERMANENT REFERENCE MONUMENTS (PRM), PERMANENT CONTROL POINTS (PCP) AND LOT CORNERS REQUIRED THEREOF HA VE BEEN INSTALLED. DATE OF CERTIFICATION _________________ _ SIGNATURE: PROFESSIONAL LAND SURVEYOR PRINTED NAME: VINCENT E. CORBITT FLORIDA CERTIFICATE NO. _4�6=0=8 ________ _ LAND PRECISION CORPORATION LB# 6168 2683 SUNSET POINT ROAD, CLEARWATER, FLORIDA ADDRESS: (727)-796-2737, FAX (727)-796-3326 (SURVEYOR'S SEAL) SURVEYOR'S REVIEW FOR CONFORMITY CHAPTER 177, PART 1, FLORIDA STATUTES: PURSUANT TO SECTION 177.081, FLORIDA STATUTES I HAVE REVIEWED THIS PLAT FOR CONFORMITY TO CHAPTER 177, FLORIDA STATUTES, AND FIND THAT SAID PLAT COMPLIES WITH THE TECHNICAL REQUIREMENTS OF THAT CHAPTER; PROVIDED, HOWEVER, THAT MY REVIEW DOES NOT INCLUDE FIELD VERIFICATION OF ANY OF THE COORDINATES, POINTS OR MEASUREMENTS SHOWN ON THIS PLAT. THOMAS L. MAHONY����-����-DATE; __ _ FLORIDA PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 6289 -STATE OF FLORIDA, CITY OF CLEARWATER PUBLIC WORKS/ENGINEERING DEDICATION: 1.) THE UNDERSIGNED, OWNER OF THE LANDS SHOWN ON THE PLAT TO BE KNOWN AS ________ HAVE CAUSED SAID LANDS TO BE DIVIDED AND SUBDIVIDED AS SHOWN HEREON AND DOES HEREBY DEDICATE THIS PLAT FOR RECORD. FURTHER, THE OWNERS MAKE THE FOLLOWING DEDICATIONS AND RESERVATIONS: 2.) OWNER HEREBY DEDICATES TO PROVIDERS OF LAW ENFORCEMENT, FIRE EMERGENCY, EMERGENCY MEDICAL, MAIL, SOLID WASTE/SANITATION, AND OTIHER SIMILAR GOVERNMENTAL AND QUASI-GOVERNMENTAL SERVICES, A NON-EXCLUSIVE ACCESS EASEMENT OVER AND ACROSS THE PRIVATE RIGHTS-OF-WAY WITHIN THE SUBDIVISION AS SHOWN HEREON FOR INGRESS AND EGRESS FOR THE PERFORMANCE OF THEIR OFFICIAL DUTIES. 3.) PRIVATE INGRESS/EGRESS AND UTILITY EASEMENTS DEPICTED HEREON ARE HEREBY RESERVED BY OWNER(S) FOR FUTURE CONVEYANCE SUBSEQUENT TO THE RECORDING OF THIS PLAT, FOR THE BENEFIT OF THE LOT OWNER WITHIN THE SUBDIVISION. SAID EASEMENTS ARE NOT DEDICATED TO THE PUBLIC AND WILL BE PRIVATELY MAINTAINED. 4.) THE UNDERSIGNED HEREBY CERTIFIES THAT IT IS THE OWNER OF THE ABOVE DESCRIBED TRACT OF LAND HEREBY PLATTED AS OAKS OF CLEARWATER SUBDIVISION THAT IT GRANTS TO THE CITY OF CLEARWATER, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, THE RIGHT TO USE ALL UTILITY AND DRAINAGE EASEMENTS AS SHOWN. ANY MAINTENANCE, REPAIR, OR REPLACEMENT RESPONSIBILITY RELATING TO PIPES, STRUCTURES, RETAINING WALLS, AESTHETIC AND VEGETATION CONSIDERATIONS, IN AND UPON DRAINAGE EASEMENTS ARE A PRIVATE FUNCTION NEITHER ASSIGNED NOR ACCEPTED BY THE CITY OF CLEARWATER. OWNER: BY: ACKNOWLEDGEMENT OF OWNER: STATE OF FLORIDA COUNTY OF PINELLAS V.,TNESS THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ___ _ DAY OF _____ 2023, BY ________ AS JOINT TENANT OWNERS. HE AND SHE ARE PERSONALLY KNOWN TO ME OR HAVE PRODUCED ________ AS IDENTIFICATION. NOTARY PUBLIC PRINT NAME __________ _ CERTIFICATE OF APPROVAL OF CITY COUNCIL IT IS HEREBY CERTIFIED THAT THIS PLAT HAS BEEN OFFICIALLY APPROVED FOR RECORD BY THE BOARD OF THE CITY COUNCIL OF THE ____ DAY OF CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA, THIS _________, 2023. JENNIFER POIRRIER, CITY MANAGER CERTIFICATE OF APPROVAL OF COUNTY CLERK STATIE OF FLORIDA COUNTY OF PINELLAS I, KEN BURKE, CLERK OF CIRCUIT COURT OF PINELLAS COUNTY, FLORIDA HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED AND THAT IT COMPLIES IN A FORM WITH ALL THE REQUIREMENTS OF THE STATUTES OF FLORIDA PERTAINING TO MAPS AND PLATS, AND THAT THIS PLAT HAS BEEN FILED FOR RECORD IN PLAT BOOK ___ PAGES ____ _ PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, THIS, ___ DAY OF ____ 2023. ATTEST: KEN BURKE, CLERK, PINELLAS COUNTY, NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY." BY: DEPUTY CLERK PRINTED NAME: 2683 SUNSET POINT ROAD CLEARWATER, FL 33759 727-796-2737FAX 727-796-3326 LB#6168 SHEET 1 OF 2 SURVEYING MAPPING -PLANNING SR 580 LANDMARK DR FRISCO DR WILDWOOD DR DEER RUN N MAYFAIR CT BR A N D Y W I N E D R HAVERFORD DR LONG VIEW DR CASCADE DR LUCE DR N KENILWICK DR S HAVERHILL DR LUCE DR WDE E R R U N EANDE R S O N D R WLUCE DR S ANDERSON DR N REDWOODWAYDI A M O NDHEADDREASHWOOD CT SWEETGUMWAYWKNOTTYPINEWAYQUAILHOLLOWRDEWOODVIEW CT CASCADE CT LOCATION MAP PROJECTLOCATION ^ Document Path: C:\Users\Christopher.Melone\Downloads\LocationMap.mxd Prepared by:Public Works/EngineeringGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com LANDMARK OF CLEARWATERPLAT Page: 1 of 1 ² N.T.S.Scale:8/8/2023Date:TMReviewed By:CRMMap Gen By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1008 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Works Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve the termination and issuance of a three-year Lease Agreement by request of Intercultural Advocacy Institute (HOC) to the mutually agreeable prior terms and conditions affecting 612 Franklin Street in Clearwater, Florida and authorize the appropriate officials to execute same. (consent) SUMMARY: Intercultural Advocacy Institute (HOC) entered into a city annual One Dollar ($1.00) Lease Agreement on November 1, 2020 to expire on October 31, 2023. HOC now asks to extend for an additional 3 years. Per the five-year surplus Ordinance and CPD decline, this Agreement can only be terminated early and then reissued for an additional three years. Currently, HOC on August 8, 2023 executed a Lease Agreement to commence on October 1, 2023 and continue through November 30, 2026 for the sum of One Dollar ($1.00) per year. This lease cannot be transferred with all taxes, repairs, upgrades, and utilities paid by HOC. A general liability policy of $1,000,000 / $3,000,000 naming the City has been issued. This Agreement has two Sections and five Options to Terminate plus immediate kitchen reversion upon a disaster occurrence. City and Legal staff have reviewed and approved this Lease Agreement. Page 1 City of Clearwater Printed on 8/31/2023 INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) 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) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $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 LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED 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 any 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. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE AmGUARD Insurance Company Scottsdale Indemnity Company Lloyds of London 8/09/2023 Marsh & McLennan Agency Bouchard Region 101 N. Starcrest Drive Clearwater, FL 33765 Josh Reyes 727 447-6481 clcerts@marshmma.com InterCultural Advocacy Institute Inc 612 Franklin Street Clearwater, FL 33756 42390 15580 555555 A X X X Y Y C1GP404164 03/15/2023 03/15/2024 1,000,000 100,000 20,000 1,000,000 3,000,000 3,000,000 A X X X C2GP402999 03/15/2023 03/15/2024 1,000,000 A X X C3GP401788 03/15/2023 03/15/2024 4,000,000 4,000,000 B A C D&O/EPLI Sexual Abuse Cyber Liability EKI3470043 C1GP404164 ESL0439630949 03/15/2023 03/15/2023 03/22/2023 03/15/2024 03/15/2024 03/22/2024 1,000,000/1,000,000 1,000,000/3,000,000 1,000,000/1,000,000 Professional Liability: Policy #C1GP404164 - 03/15/2023-03/15/2024 $1,000,000/3,000,000 Crime: Policy #C1GP404164 - 03/15/2023-03/15/2024 Deductible: $1,000 (See Attached Descriptions) City of Clearwater Police Department 645 Pierce Street Clearwater, FL 33756 1 of 2 #S13132004/M12626723 INTERADVOCClient#: 713972 RCJXR 1 of 2 #S13132004/M12626723 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) Limits: Employee Theft: $500,000 Forgery or Alteration: $500,000 Inside the Premises - Robbery or Safe Burglary of Other Property: $500,000 Outside the Premises: $500,000 Computer and Funds Transfer Fraud: $500,000 Cyber Liability: Policy #ESL0439630949 - 03/22/2023-03/22/2024 Deductible:$0 or $2,500 D&O/EPLI: Policy #EKI3470043 - 03/15/2023-03/15/2024 EPLI Retention: $5,000 D&O Retention: $0 Certificate holder is included as Additional Insured when required by written contract, agreement or permit, but only with respect to the General Liability insurance and subject to the provisions and limitations of the policy. Waiver of subrogation applies to General Liability when required by written contract, agreement or permit and subject to the provisions and limitations of the policy. All of the above are subject to the terms, conditions and exclusions of the policy/policies. 2 of 2 #S13132004/M12626723 Scale: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1022 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Works Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve a purchase order to American Grinding Company, of Grand Rapids, MI, in the amount of $500,000 for sidewalk grinding on a unit price basis pursuant to Clearwater Code of Ordinances Section 2.563 (1)(C), piggyback on City of Orlando contract IFB23-0119, and authorize the appropriate officials to execute same. (consent) SUMMARY: Streets and Sidewalks maintains 386 miles of sidewalks within the City of Clearwater. American Grinding will grind 11,000-12,000 locations of lifted sidewalk panels caused by adjacent trees, to maintain public infrastructure and mobility systems and address American Disability Act (ADA) while protecting the conservation of our urban forestry. Streets and Sidewalks staff will select areas for the contractor to complete and will verify the work after completion. Areas will be selected based on the current backlog of work orders and amount of density of sidewalk related issues per neighborhood to enhance pedestrian safety. The City will piggyback on contract IFB23-119 awarded by the City of Orlando which began July 31, 2023 and expires July 30, 2024. APPROPRIATION CODE AND AMOUNT: ENRD180004-CONS-MATRLS $500,000 Funds are available in capital improvement project ENRD180004, Streets and Sidewalks, to fund the purchase order. Page 1 City of Clearwater Printed on 8/31/2023 Procurement and Contracts Division Page: 1 Mayor Chief Procurement Officer Buddy Dyer David Billingsley, CPSM, C.P.M. CITY OF ORLANDO INVITATION FOR BID (IFB) DATE OF ISSUE: JANUARY 30, 2023 IFB DUE DATE: MARCH 2, 2023 IFB DUE TIME: 2:00 p.m., Local Time, City of Orlando, FL BID DELIVERY LOCATION: City of Orlando Procurement and Contracts Division 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 Bid opening held at same location. IFB TITLE: SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB NO: IFB23-0119 (IFB NUMBER MUST BE PLACED ON FRONT OF ENVELOPE) THIS IS NOT AN ORDER DIRECT ALL INQUIRIES TO: SILVIA COSTE, CPP, SENIOR PURCHASING AGENT Phone: (407) 246-2216 Email: silvia.coste@orlando.gov BUSINESS NAME & ADDRESS CONTACT INFORMATION Business Name Name of Contact Individual Address Contact Address City, State, Zip Contact City, State, Zip Telephone Number Contact Telephone Number Business Email Address Contact Email Address American Grinding Company, LLC d/b/a American Sidewalk Management 1425 Coit Ave NE, Suite #200 Grand Rapids, MI 49505 (888) 556-7344 info@sidewalkmgmt.com Joel Van Veen 1425 Coit Ave NE, Suite #200 Grand Rapids, MI 49505 (888) 556-7344 joel@sidewalkmgmt.com SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 2 TABLE OF CONTENTS: PAGE INVITATION TO BID ................................................................................................................... 3 INSTRUCTION FOR SUBMITTING BID .................................................................................... 4 SUBMITTAL REQUIREMENT CHECK LIST ............................................................................ 7 INVITATON FOR BIDS AWARD INFORMATION ................................................................... 8 NON-MANDATORY PRE-BID CONFERENCE ......................................................................... 9 NON-MANDATORY PRE-BID CONFERENCE ATTENDANCE NOTIFICATION .............. 10 SPECIFICATIONS ....................................................................................................................... 11 SPECIAL CONDITION CLAUSES ............................................................................................ 20 GENERAL CONDITIONS ........................................................................................................... 23 STANDARD TERMS AND CONDITIONS ............................................................................ 24 FORMS AND SUBMITTAL DOCUMENTS: SOLICITATION COVER PAGE ................................................................................................... 1 BID PRICE FORM(S) .................................................................................................................. 48 BIDDER’S CERTIFICATION ..................................................................................................... 49 CONFLICT OF INTEREST DISCLOSURE FORM ................................................................... 50 CERTIFICATION REGARDING PHOHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES ......................................................................................... 51 CONTRACT AND ACCEPTANCE FORM ................................................................................ 52 BIDDERS QUESTIONAIRE ....................................................................................................... 53 WITEN QUESTION (S) FORM…………………………… ....................................................... 55 ADDENDUM ACKNOWLEDGMENT FORM .......................................................................... 56 NO-BID RESPONSE FORM ....................................................................................................... 57 BIDDER’S EQUIPMENT LIST FORM ...................................................................................... 58 ATTACHMMENT “A” SUPPLEMENTARY CONDITIONS ........................................................................................... 59 SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 3 INVITATION FOR BIDS The City of Orlando, Florida, will electronically receive sealed bids through the Procurement and Contracts Division, for IFB23-0119, Sidewalk Inspection, Griding, Removal & Repairs until 2:00 p.m., local time, on March 2, 2023, at which time bids will be opened and publicly virtually read. This work is a service contract for the Sidewalk Trip Hazard Remediation and Condition Survey for the City of Orlando (City). Plans, Specifications & Contract Documents will be open to public inspection after 2:00 p.m. on January 30, 2023. If you have any questions you may contact the Procurement & Contracts Division, City Hall (phone #407-246-2291). Plans, Specifications & Contract Documents may be obtained from the City’s VendorLink website at the following web link: https://vendorlink.cityoforlando.net/common/default.aspx. Bids must be accompanied by a bid bond, certified check or cashier's check made out to the City of Orlando, or other security as provided by law, in an amount not less than 10% of the total base bid. A Non-Mandatory Pre-Bid (MS Teams) Teleconference will be held, February 13, 2023 at 10:00 a.m., the conference line number is 1-321-247-568 , ID:734607311#. You must press the # key immediately after entering the id number. Refer to the solicitation for more information on the bidding process. All questions about this solicitation must be submitted in writing and received by the Procurement and Contracts Division before 5:00 p.m., local time, on February 17, 2023. Answers will be issued in the form of an Addendum to the solicitation. Living Wage CONTRACTOR is required to pay its workers, as well as its subcontractors providing services pursuant to a contract with the CITY, a living wage for the time spent providing services to the CITY. (This provision does not include general administrative personnel unless they are assigned to a CITY project.) “Living wage” means compensation for employment of not less than $15.00 per hour for straight time, exclusive of FICA, unemployment taxes, and workers compensation insurance and employee benefits. This provision shall apply to all bid and proposal awards for services which involve CITY expenditures that exceed $100,000.00 per year. Performance and Payment Bond A performance and payment bond is not required for the total contract amount of this Bid. A performance and payment bond will be required if any specific job is estimated to cost more than Two Hundred Thousand Dollars ($200,000.00), in accordance with Florida Statues Section 255.05. The City reserves the right to waive the bond requirement at any time for any specific job of $200,000.00 or less. However, at the City’s discretion, there may be times that a bond will be required for jobs of $200,000.00 or less. When a Payment and Performance Bond is required for a specific job, such bond shall be acquired and delivered to the City within fifteen (15) days of notice from the City that a bond is required. Upon notice from the City that a bond is required no further work under the contract shall be undertaken until such time as a bond in conformance with this Section has been delivered to the City. If required, all bonds shall be in accordance with statutory bond provisions in Florida Statutes and all other applicable laws. All bonds shall be executed by such sureties as are licensed to conduct business in the state of Florida and, except as otherwise provided by applicable laws and regulations, are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of its authority to act. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 4 INSTRUCTIONS FOR SUBMITTING BID IN RESPONSE TO INVITATON FOR BIDS FOR THE IFB23-0119, SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS A.ELECTRONIC SUBMITTAL: This solicitation must be submitted electronically. Paper responses will be deemed non- responsive. Instructions for submitting a bid: 1.Once you have logged into your VendorLink account, go to the solicitation on which you want to bid, then click on “Create a Quote/Bid.” 2.Upload the bid to VendorLink. 3.Verify that your uploaded document is complete.4.To submit the final Quote/Bid, click on the “Submit” button at the bottom of thepage, and then click “OK” at the top of the page. 5.If successfully submitted, a confirmation pop-up will appear at the bottom of the page. 6.A Draft Status means your bid has been saved but not yet submitted. The quote/bid response will not be considered as a submitted response in the system for this bid solicitation. Bidders are solely responsible for ensuring that their submittals are complete, uploaded and submitted in the VendorLink system by the due date and time. The City shall not be responsible for any submission delays or failures caused by any occurrence. Notwithstanding any provision of this Addendum or the Solicitation to the contrary, persons with disabilities needing a special accommodation to submit a bid response or participate in this solicitation should contact the Procurement and Contracts Division, City Hall at One City Commons, 400 South Orange Avenue, Orlando, Florida 32801, telephone number (407) 246- 2291, not later than four (4) days prior to the submittal date for accommodations related to the submittal, or four (4) days prior to the date on which any other accommodation is needed. B.PRE-BID MEETING MS TEAMS PLATFORM: The Prebid meeting will be held via MS Teams, the call-in number is 1-321-247-7568, Conference ID:734607311# you must press the # key right after the id number. https://teams.microsoft.com/l/meetup- join/19%3ameeting_NTM5MjhiOGYtN2QzYy00NTA1LWEyYmYtYjAwYWYwNjg2Zjlh%4 0thread.v2/0?context=%7b%22Tid%22%3a%227594da9b-294b-4acf-913b-d159ae921564%22%2c%22Oid%22%3a%223dc3147e-b3e2-452b-bf4d-416f9a614cc0%22%7d C.VIRTUAL SOLICITATION OPENING: Given the current situation with COVID-19 and the need for social distancing, thesolicitation opening meeting information is as follow: SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 5 Instructions to join the solicitation opening virtual meeting: 1.Sign up for a free Zoom account Go to zoom.us/signup and enter your email address to create a free accountwith Zoom web conferencing. You’ll receive an email from Zoom where youwill click on a link to activate your account. If you already have a Zoom account, skip to step #3 below. 2.Choose your device and download Zoom You can use a smart phone, tablet, laptop, or desktop computer. After signing up, visit zoom.us/download and download the “Zoom Client for Meetings” onto your computer. On mobile devices, search your app store for the free Zoom app anddownload it. Make sure to allow some extra time for the install before joiningyour first meeting. If you do not have one of the devices just mentioned, you can also call in to the meeting. If you cannot download Zoom and need to connect via web browser, you can use the Zoom web client (more info on browser compatibility visit bit.ly/zoomwebinfo). 3.Join the virtual meeting a.This is the public link: https://orlando-gov.zoom.us/j/84693841218 b.Call in number: +1 305 224 1968 Webinar ID:84693841218 c.Provide live public comment Use the “Raise Hand” feature to request to speak. If you have called in you can raise your hand by pressing *9. If you do this you will be called on to speak using the last four digits of your phone number. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 6 D.PREPARATION OF BIDS: 1.Bidders are expected to examine this bid form, attached drawings, specifications, if any, andall instructions. Failure to do so will be at the bidder's risk. 2.All prices and notations must be in ink or typewritten. No erasure permitted. Mistakes may be crossed out and corrections typed adjacent and must be initialed and dated in ink by the personsigning the bid. All bids must be signed by the bidder and by a responsible officer or employee.Obligations assumed by such signature must be fulfilled. 3.Each bidder shall furnish the information required on the bid form and each accompanying sheet thereof on which he/she makes an entry. 4.Unit prices for each unit bid shall be shown. A total shall be entered in the amount column for each item bid. In case of discrepancy between a unit price and extended price, the unit prices will be presumed to be correct. 5.Although the City generally awards bids based on a "lump sum" basis to the responsive andresponsible bidder submitting the lowest total bid, the City may choose to award on a "per group" or "per item" basis. Therefore, bidders must submit with their bids, all pricing pages on the forms provided clearly indicating which items are bid and which are not. Failure to submit these pages will render such bid non-responsive. Note: For purposes of this bid, IFB23-0119, Sidewalk Inspection, Grinding, Removal & Repairs, Bidders shall enter a unit price for all line items listed in the Electronic Bid Form. To be considered for a contract award, the Bidder must submit a value greater than zero for all items. Contract award(s), if made, shall be based on the total bid price of all items. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 7 SUBMITTAL CHECK LIST: Bidders should use the following bid check list of standard forms which are to be completed and returned as part of your bid submittal. Failure to complete and return required forms may result in your bid being non-responsive and not considered for award. Additional forms/items may be required to be submitted under the terms of this Invitation for Bids which are not listed below; therefore, it is the bidder’s responsibility to read and understand the provisions of this Invitation for Bids. Solicitation Cover Page. W9. Bid Form. __________ Bidders CertificationForm. __________ Conflict of Interest Disclosure Form. __________ Certification Regarding Prohibition Against Contracting with Scrutunized Companies. Contract and Acceptance Form. Bidder’s Questionnaire. Letter(s) of Intent, find in the Supplementary Conditions. __________ Veteran Business Enterprise Participation Form, find in the Supplementary Conditions. Addendum Acknowledgment Form: It is the bidder’s responsibility to contact the City’s Procurement and Contracts Division prior to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda, and return executed addenda with the bid. If you have downloaded this bid from the Internet, please ensure that you also download all such addenda. (If applicable) Special Items: 1. Bid Security (10%) ______ 2.Bidders Equipment List ______ 3.FDOT Qualification in Intermediate Maintenace of Traffic Control NOTE: Certificate of Insurance: Within seven (7) days of a notification of intended award, the Contractor shall provide the City with the required Certificate(s) of Insurance in a form(s) acceptable to the City. Written Question(s) Form: Written questions must be received by 5:00 P.M. Local time before, February 17, 2023. X X X X X X X X X X X X X X See Attachment A See Attachment A See Attachment A See Attachment A See Attachment A & B SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 8 INVITATON FOR BIDS AWARD INFORMATION: The City’s Procurement and Contracts Division is the official source to obtain information relating to City of Orlando solicitations. It is incumbent on the Bidder to obtain current bid and award information prior to and after the scheduled opening date of a solicitation. Information is updated daily as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled opening date of a solicitation. You may obtain award and other solicitation information in a variety of ways: 1. Bid documents are available for download from the eSupplier website: You may access solicitation information by visiting the City’s eSupplier website by copying the following link in your web browser:https://vendorlink.cityoforlando.net 2.You may also call the Procurement and Contracts Division at (407) 246-2291, during normal business hours, to request a solicitation and other related information. Please remember, email notification is provided as a courtesy to our vendors, but it is the vendor’s responsibility to check with the City of Orlando’s website at: https://vendorlink.cityoforlando.net for current bid, and other information. We appreciate your interest in doing business with the City Beautiful and wish you much success with your business ventures. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 9 NON- MANDATORY PRE-BID CONFERENCE: All prospective bidders are invited to attend a Non-Mandatory Pre-Bid Conference Via Microsoft Teams: February 13, 2023 at 10:00 A.M. Local Time, City of Orlando, FL Teams Call in Number 1-321-247-7568, ID:734607311# The purpose of the Pre-Bid Conference is to provide and solicit information relative to the scope, purpose, nature and extent of the work, and any local conditions, which may affect the work and its performance. Submission of a bid shall constitute an acknowledgment by the bidder that it has thoroughly examined and is familiar with the INVITATON FOR BIDS. The failure or neglect of a bidder to examine the INVITATON FOR BIDS, shall in no way relieve the bidder of any obligations with respect to either its bid or the INVITATON FOR BIDS. No claim for additional compensation will be allowed which is based upon a lack of knowledge of the INVITATON FOR BIDS. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 10 NON-MANDATORY PRE-BID CONFERENCE ATTENDANCE NOTIFICATION: February 13, 2023 at 10:00 A.M. Local Time, City of Orlando, FL., Microsoft Teams Platform Conference Call in Number 1-321-247-7568 ID:734607311# You must press the # key right after the id number. Please return this form by: Thursday, February 9, 2023. City of Orlando Procurement and Contracts Division 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 Telephone: (407) 246-2291 Fax: (407) 246-2869 PLEASE CHECK: We plan to attend Name of Representatives who will attend 1. 2. 3. A list of questions or statements for discussion at the Pre-Bid Conference is attached. (Please use “WRITTEN QUESTION(S) FORM” as indicated in the Table of Contents). We do not plan to attend, but will be submitting a response. We do not plan to attend and will not be submitting a response because: Signature Title Name of Company Date X Joel Van Veen X President American Grinding Company, LLC d/b/a American Sidewalk Management February 8, 2023 SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 11 SPECIFICATIONS FOR IFB23-0119, SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS I.GENERAL A. This work is a service contract for the Sidewalk Trip Hazard Remediation and Condition Survey for the City of Orlando (City). The initial Contract time will be for a period of one year (12 months) with up to four (4) additional twelve (12) month periods or portions thereof, up to a cumulative total of sixty (60) months. The Work includes surveying all sidewalks in the City, documenting trip hazards, damaged sidewalks, and grinding raised joints and uneven cracks.Replacing damaged sidewalk panels is not part of the Work. Staff in the Streets and Stormwater Division will designate initial Work Areas for the Contractor to begin work, but the Contractor will be responsible for surveying and reporting repair needs for the City sidewalks as determined by the City of Orlando Streets and Stormwater Division. The minimum grinding rate is to be no less than 500 linear feet per day and have an average range of 250 to 350 linear feet per day. B. The estimated annual expenditure is $800,000.00. C.These specifications cover the Contractor’s requirements for sidewalk grinding and reporting of trip hazards ¼ inch and greater. A trip hazard may include: cracks, separations, and or raised edges in the sidewalk surface that have a minimum of ¼ inch difference in elevation across the crack or edge. The reports will become part of the City’s sidewalk hazard inventory. D. The Work described in each item includes the Contractor furnishing of all materials, equipment, supplies, and tools, along with the performance of all labor and services, and all incidentals necessary to complete the repairs and reports associated with sidewalk trip hazards within the City. E. The Contractor shall have a minimum of three (3) years experience in sidewalk grinding.References shall include projects in the State of Florida during the last three (3) years that involve sidewalk griding and trip hazard remediation. F. The Contractor shall have a minimum of two (2) people on-site at all times while work is performed. The use of two people on site ensures the safety of all poedestrians who may be present in the work area. G. The Contractor shall have an active General Contractor’s license valid in the State of Florida and a valid certification for the Florida Department of Transortaiton intermediate Maintenance of Traffic Control. II.EQUIPMENT A. Equipment must be able to grind any size trip hazard from 1/4 inch and greater. Grindingequipment must include a self contained dust collection system, which is used 100% of the time. To ensure effectiveness and minimize machinery footprint, the system must consist of an engine- driven vacuum suction fand and dust collection tanks both mounted on the grinding apparatus. Electric vacuums, hoses, hand power tools extension cords and generators will not be permitted as they are not powerul enough to effectively contain OSHA recognized hazardous airborne silca SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 12 dust genterated by concrete grinding. Additionally, they cause electric shock as well as pedestrian trip hazards. B. Grinding will be done dry without the use of water. C. Equipment noise must be minimal so it does not disturb the public and the public will not need to wear hearing protection if located 10 ft. or further from the operation of the equipment. Per OSHA, hearing protection is required for individuals exposed to noise over 85 dB, as such the City requires that the equipment to perform the Work must not exceed the 85 dB at 10 ft. D. Contractor shall own or lease commercial equipment that the City considers sufficient to provide services as specified. Commercial concrete grinding equipment is required. E. Equipment shall be kept in good working order at all times. Proposed equipment shall be documented in the Equipment List Form, attached in Forms and Submittal Documents. Bidder shall submit additional pages as necessary to document the equipment. Bidder will submit applicable descriptive literature and technical data to fully detail all features, designs, construction, finishes of the equipment proposed for grinding on this project. F. The failure of the Contractor to obtain and maintain sufficient equipment to provide the services as specified in this solicitation may be cause for termination of Contract. G. Inspection and acceptance of proposed equipment to be used on this project shall be performed by a representative from the City’s Streets and Stormwater Division, or such other specifically designated City Representative. III. SCOPE OF WORK- SIDEWALK GRINDING A. Work Areas: Staff in the Streets and Stormwater Division will provide maps to the Contractor with Work Areas and street names as Work Orders. The Contractor will be responsible for surveying all sidewalks in the Work Areas, performing repairs, and identify other repair needs. B. Trip Hazard Locations: Contractor will identify and remove all trip hazards in the Work Area that are between ¼” to 2” in height (as long as 2” of concrete thickness remains after grinding), and where the cross slope of the sidewalk does not exceed 2%. The surface area after grinding must be textured to meet ADA standards for pedestrian safety; which includes a slip resistant surface that does not become slippery when wet. Panels that are not repairable, or fractured, or broken will be documented in a weekly report. C. Trip Hazard Location Documentation: The Contractor shall collect date using a GNSS (Global Navigation Satellite System) mapping grade device capable of sub-meter accuracy in varying site conditions. Workers should be properly trained to reach those accuracy capabilities whenever the condition are possible, for every grind site as well as each site that could not be grinded. The collection devices must be capable of collection multiple fields of attribute data for each point including but not limited to: street name, address, machine used, project phase, linear feet of the grind site, date and time collected, and damage points that could not be grinded. The coordinate projection of the data must be the same projection used by the City of Orlando. The device should be capable of delivering this data via an ESRI Geodatabase and will be delivered monthly via email or potentially through an automatic connection to an asset management system. After the Contractor submits the monthly report, City staff will verify and document the reported work. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 13 D. Advance Notification of Work: The Contractor shall coordinate with the Streets and Stormwater Division two weeks in advance of initiating work in the identified Work Areas in a manner agreed upon by the Contractor and City prior to contract execution. E. Mobilization: There are no additional costs for mobilization. If the Contractor completes work in one Work Area in less than a full day and needs to move to another Work Area in the same day, the Contractor may not charge a fee for mobilization between Work Areas. The work will be continuous throughout the year. Mobilization is included in the Contract linear price. F. Damage to Grass/Vegetation Areas: Grass or landscaped areas damaged by the Contractor shall be restored at the Contractor's expense to conditions that are equal to or better than the existing conditions prior to commencement of work. Restoration shall be at the direction of Streets and Stormwater staff. G. Utility Conflicts and Coordination: If the Contractor damages any utilities, they shall immediately notify the Utility Company and Streets and Stormwater Division within 30 minutes of the damage. Any damage to existing utilities shall be repaired at the Contractor’s expense. H. Damage to Existing Irrigation System: If the Contractor damages any portion of an existing irrigation system they shall immediately notify the Property Owner either through personal contact or leaving their contact information to the extent practicable. The Contractor shall also notify the Streets and Stormwater Division within one hour of the damage. Any damage to existing irrigation systems shall be repaired at the Contractor's expense. I. Clean up: Should the integral vacuum system fail to collect all debris, the Contractor shall sweep the sidewalks thoroughly after the grinding operation. All debris collected shall be removed and disposed to a recycling location or to a location approved by the Streets and Stormwater Division. J. Permits and Traffic Control: The Contractor shall furnish and install all construction signs, pavement markings, barricades, and all other safety controls for the duration of each work-area. The Contractor must notify the City where they are working by e-mail or telephone. The Traffic Control Manager will determine if permits are required. The Contractor is responsible for compliance with any permits determined necessary by the Traffic Control Manager. The Contractor shall have a certified Florida Department of Transportation Intermediate Maintenance of Traffic (M.O.T.) Control person. K. Measurements: Measurement is based on a liner foot of grinding regardless what the thickness is of the sidewalk. IV. PART TWO - CONCRETE REPAIR & CONSTRUCTION A. General 1. Scope of Work The Contractor shall furnish all labor, material, and equipment necessary to perform all operations for the various types of repairs and clean ups that is necessary during the course of making repairs and constructing various concrete. The location of the work is Citywide and the work will be assigned geographically whenever possible. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 14 In general, the Scope of Work and the types of repairs involved will be as follows: a. Concrete: Remove and construct sidewalks, where assigned. b. Sod/Grass/Plant/Landscape: Replacement of Sod to the original state and possible landscaping. 2. Quality Assurance Concrete work shall conform to all regulations of local, state and federal authorities, including safety, health and pollution related. The latest edition of the City’s Engineering Standards Manual (ESM) and the latest edition of the ADA Standards for Accessible Design shall apply. B. Products 1. Concrete: The materials shall meet the requirements of the latest edition of the City’s Engineering Standards Manual (ESM). 2. Graded Aggregate: The materials shall meet the requirements of the latest edition of the City’s Engineering Standards Manual (ESM). 3. Irrigation Pipes: If repair of these is needed, any of the most commercially available PVC and metal pipes are acceptable. 4. Equipment: A ready-mix concrete delivery truck will be necessary for pours. C. Execution 1. Concrete Repair/Construction (driveways, sidewalks, curbs, etc.) a. Most concrete sidewalk repair jobs will involve about 2 to 3 sections of sidewalk to be removed, formed and re-poured. b. All concrete used shall be at least the same quality used in the original case and re-poured using 3,000-psi concrete. All concrete must be plant batch mixed and no on-site bag mixed concrete will be allowed. c. Where jobsites and plans call for steel reinforcement to be placed in the sidewalk, retaining walls, etc., such reinforcement shall conform to the requirements of the latest edition of the City’s Engineering Standards Manual (ESM) and the latest edition of the ADA Standards for Accessible Design. A WWF or a welded wire fiber mesh and tie may be required to be laid in place during the pouring of concrete. d. Forms used for this work shall be made of either wood, or metal, and shall have a depth equal to the depth of the concrete being deposited. Forms shall be straight, clean, free from warp or bends and of sufficient strength. e. Foundation: If the work area under the concrete has been cut, it shall be filled to the correct depth first and shall be compacted to a minimum of 95% density. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 15 f. Expansion Joints: If expansion joints were part of the original set up, (say between the sidewalk and the curb or driveway or at fixed objects), then these shall be formed with a pre-formed joint filler and shall be ½ inch joints. g. Contraction Joints: If part of the original set up, shall be replaced to the original type – that is either the “open type” or “sawed”. Joints shall be at least 1-1/2 inch deep. h. Placement: Place concrete using methods, which prevent segregation of mix. Concentrate along the face of forms. Use only square-faced shovels for hand spreading and consolidation. Deposit and spread concrete in a continuous operation between joints, as far as possible. Give options to set the Forms. The latest edition of the City’s Engineering Standards Manual (ESM) and the latest edition of the ADA Standards for Accessible Design for mixing and placing concrete. i. Finishing: Smooth the surface by spreading and floating. Use hand methods only. Test surface for trueness. Re-distribute concrete if required, to remove surface irregularities and to provide a smooth, continuous surface. Work all edges of walks and slabs with a 1/8" edging tool. Fiber broom finish perpendicular to the edge of the walk. Do not remove forms for 24 hours after the concrete has been placed. After removal, clean ends of joints, remove and replace areas of major defects. Backfill all exposed sides of finished work with soil. j. Curing: Protect and cure finished concrete paving, complying with applicable requirements of the City of Orlando. Commence placement of curing compound as soon as the concrete has hardened sufficiently to permit application of curing material without marring the surface. Replace immediately any curing material removed or damaged during the curing process. k. Tree root pruning and grubbing is required with a majority of the concrete repairs. ALL TREE ROOTS MUST BE CLEANLY CUT (no ax cuts) while accomplishing this task. The raw use of a skid loader or backhoe to grub tree roots will not be allowed. Close coordination between the City and Contractor must take place with tree root pruning. 2. Soil Replacement Contractor is responsible to restore the work area with clean backfill and all areas are to be leveled and graded. 3. Re-Sodding On most occasions, re-sodding will become necessary as part of repair and construction work. The contractor is required to replace the same type and quality of sod that existed before. Occasionally, some landscaping work may be required. Landscaping must be restored to original or better conditions and to the satisfaction of private property owners. New sod shall match existing undisturbed sod (Bahia or St. Augustine). SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 16 4. Pipe Repair Contactor will be responsible for all irrigation and water line repairs damaged during the course of work. If repairs are made, the contractor must turn on the irrigation system to ensure it is working properly. This may require coordination with the property owner. 5. Clean-up Without exception, Contractor MUST police and remove all construction material, excess wet concrete, concrete pieces and slabs, trash and debris from job site daily and legally dispose of them off the property. 6. Safety and Protection The Contractor shall be solely and completely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the work site and other persons including, but not limited to, the general public who may be affected thereby. The Contractor will check for any existing utilities in the work area through underground locator service and will be responsible for the damage to such utilities, including sprinkler systems. V. POLLUTION AND NOISE CONTROLS A. Noise Control: Noise Control shall be in accordance with Federal, State, and City regulations. The Contractor shall comply with all City Ordinances and Regulations dealing with noise abatement. B. Vibration Control: Vibration Control shall be in accordance with Federal, State, and City regulations. It is the Contractor's sole responsibility to prevent damage from vibration to adjacent structures and property. C. Air Pollution Controls: Air Pollution Control shall be in accordance with Federal, State, and City regulations. 1. Fugitive Dust a. Do not cause or allow the emissions from any transport, handling, construction or storage activity to remain visible in the atmosphere beyond the property line of the emission source. b. Take precautions to minimize dust emissions from operations involving demolition, excavation, grading, clearing of land and disposal of solid waste. c. Do not cause or allow particulate matter to exceed 100 mg/m3 when determined as the difference between upwind and downwind samples collected on high volume samples at the property line for a minimum of five hours. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 17 d. Take precautions to prevent visible particulate matter from being deposited upon public roadways as a direct result of construction or hauling operations. Precautions shall include the removal of particulate matter from equipment before movement to paved streets, or the prompt removal of material from paved streets onto which such material has been deposited. 2. Solid and Hazardous Waste a. Solid and Hazardous Waste Control shall be in accordance with Federal, State, and City regulations. b. The Contractor is solely responsible for the disposal of any hazardous waste that is generated by the Contractor's operation. c. Execution: In order to implement these regulations, Contractor shall use the following procedures and techniques: 3. Air Pollution a. Dust 1. Cover loads of materials, debris and soil transported from construction sites. 2. Daily water down and sweep streets, which have heavy volumes of construction vehicles carrying debris and excavated materials. 3. Establish regular cycles and locations for washing trucks, which haul soil from the site. 4. Water down construction sites as needed to suppress dust, during handling of excavation soil or debris or during demolition. b. Burning of wastes on site is prohibited. Remove scrap and waste material and dispose of in accordance with laws, codes, regulations, ordinances and permits. c. Use construction equipment, which has been designed and equipped to prevent or control air pollution in conformance with the regulations of the EPA, state and local authorities. Contractor shall have available evidence of such design and equipment shall be maintained and made available for inspection by Construction Manager. d. Establish and maintain records of the routine maintenance program for internal combustion engine powered vehicles and equipment used on the project. These records shall be held available for inspection by Construction Manager. 4. Solid and Hazardous Waste a. Solid wastes may be disposed of in a number of ways, including reuse on the project, sale for fuel, through controlled incineration, donation to other public private dump sites, either free or for a fee. The method of disposal is restricted according to the classification of the waste material by the CFR 40 - 190 to 399, and by local requirements. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 18 b. Hazardous material shall be disposed of in Class I or Class II-1 waste disposal facilities. c. Haul routes for transporting solid or hazardous wastes are subject to the approval of Construction Manager. VI. INSPECTIONS AND OBSERVATIONS A. The City Representative or designee will make periodic reviews of the entire site to evaluate the Contractor's performance. The Contractor will, on sole judgment of the City Representative or his designee, make necessary repairs and adjustments required to fulfill the obligations and conditions of the Contract. B. Contractor personnel are expected to conduct themselves in a courteous manner, performing their functions with the appropriate professionalism. VII. MEASUREMENT AND PAYMENT A. Payment for all work done in compliance with the Contract Documents, inclusive of furnishing all manpower, equipment, materials, and performance of all operations relative to construction of this project, will be made under Pay Items. Work for which there is not a pay item will be considered incidental to the Contract and no additional compensation will be allowed. B. The City reserves the right to modify work as may be necessary, and increase or decrease quantities of Work to be performed, including deduction or cancellation of any one or more of the Pay Items. Changes in the Work shall not be considered as a waiver of any conditions of the Contract nor invalidate any provisions thereof. When changes result in changes in the quantities of the Work to be performed, the Contractor will accept payment according to Contract Unit Prices that appear in the original contract. C. The Contractor's attention is again called to the fact that the quotations for the various items of work are intended to establish a total price cost for completing the work in its entirety. Should the Contractor feel that the cost of any item of the work has not been established by the Bid Form, Contractor shall include the cost for the work in some other applicable bid item, so that his proposal for the project does reflect his total price for completing the work in its entirety. D. The quantities for payment under this Contract shall be determined by actual measurement and payment of the completed items, in place, ready for service and accepted by the City, in accordance with the applicable method of measurement therefore contained herein. A representative of the Contractor shall witness all field measurements. E. Work performed by the Contractor outside the limits of construction shall be at the Contractor's expense. F. Invoice Processing 1. Contractor will invoice the City per location. The Contractor shall list the linear feet of work completed per location in the spread sheet provided by the Contractor. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 19 2. Contractor shall submit to the City Representative an invoice for completed work only after a field inspection of work has been jointly verified with representatives of the Contractor and City. The City Representative shall issue a Work Order Acceptance Certificate to the Contractor upon successful verification of the completed work. All Invoices shall be presented to Streets & Stormwater Division 1010 Woods Ave. Orlando, FL 32805, for processing. G. Payment of Subcontractors. Final and complete payment will be made on the basis of completion and acceptance by the City of the work performed under the contract and receipt of satisfactory evidence that all payrolls, bills for materials, have been paid in full. Payments of subcontractors shall be made in compliance with §218.735 (6) et sq. Florida Statutes. The existence of any unpaid bills or charges for labor, materials or other supplies used directly by the Contractor or any subcontractor under the contract, shall constitute cause for the City to withhold final payment until said bills or charges are paid. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 20 SPECIAL CONDITION CLAUSES Price Adjustment Applicable to Approved upon Renewal Contract Terms Only: Automated Order Entry System: Bidders should furnish with their bid submittal details of any automated order entry system available for use by the City. Bid Security: Bid Security shall be made payable to City, in an amount equal to ten percent of the bidder’s Total Base Bid in the form of a certified check, cashier’s check, or a Bid Bond issued by a Surety that is licensed to conduct business in the State of Florida and has at least an “A-“ rating in accordance with the most current A.M. Best Company financial strength rating. The Bid Security of the low bidder shall be retained until such time as the City has executed and provided the awarded bidder with the Contract and Acceptance Form, and the bidder has furnished the required contract security, any insurance certificates and endorsements, whereupon it will be returned. If the low bidder fails to comply with the solicitation requirements, or to furnish any required contract security or required insurance certificates and endorsements, within seven (7) days of the notification of intended award, the City may cancel the intended award and the Bid Security of that bidder may be forfeited up to the difference between the total bid of the forfeited bidder and the next lowest bidder. The Bid Security of all other bidders may be retained until the earlier of thirty (30) days after execution of the Contract and Acceptance Form or ninety (90) days after bid opening, whichever occurs first. Bid Specifications: Specifications referenced throughout this solicitation refer to the products listed on the Bid Price Form, page 48. See Standard Terms and Conditions, Specifications, Item 8, page 26, regarding the approval process for equivalent equipment or materials. Payment of Subcontractors Final and complete payment will be made on the basis of completion and acceptance by the City of the work performed under the contract and receipt of satisfactory evidence that all payrolls, bills for materials, have been paid in full. Payments of subcontractors shall be made in compliance with §218.735 (6) et sq. Florida Statutes. The existence of any unpaid bills or charges for labor, materials or other supplies used directly by the Contractor or any subcontractor under the contract, shall constitute cause for the City to withhold final payment until said bills or charges are paid. Periodic and Final Cleaning The Contractor shall: A. Schedule periodic cleaning to keep the worksite and adjacent properties free from accumulations of waste materials, rubbish, and windblown debris resulting from construction operations; B. Provide on-site container for the collection of waste materials, debris, and rubbish; C. Dispose of waste materials, debris, and rubbish from the Owner's property; SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 21 D. Upon completion of work in each area, provide final cleaning and otherwise return space to a condition suitable for use by the City; A. Conduct cleaning and disposal operations to comply with City codes, ordinances, regulations, and environmental laws. Performance Bond and Payment Bond In accordance with Florida Section 255.05(1)(a), Florida Statutes, a Performance and Payment Bond is required of anyone entering into a formal contract with the City for the construction or repair of a building or public works project. The City reserves the right to waive the requirement at any time for any contract of $200,000.00 or less. Accordingly, if the amount bid by the awarded bidder exceeds $200,000.00, a Payment and Performance Bond will be required in the amount of the awarded bidder’s bid or in such other amount as may be directed by the City in writing within fifteen (15) days of the award of any contract resulting from this solicitation. No work shall be done prior to the delivery of a Payment and Performance Bond meeting the requirements of this Section to the City. In the event that the awarded bid amount is less than $200,000.00, a Payment and Performance Bond will be required thereafter in such amount as determined by the City if at any time, for any reason, including but not be limited to increased quantities or usage or extension or renewal, the value of the contract exceeds (or may reasonably be expected to exceed) $200,000.00 as determined by the City. Such bond shall be acquired and delivered to the City within fifteen (15) days of notice from the City that a bond is required. Upon notice from the City that a bond is required no further work under the contract shall be undertaken until such time as a bond in conformance with this Section has been delivered to the City. The Contractor shall include the cost of any bonds required hereunder in their bid. If bonds are required hereunder and the term of the contract between the City and the Contractor is extended or renewed, Contractor shall provide a new or amended bond to reflect the new or extended period and increased value of the contract within fifteen (15) days of extension or renewal. The failure by Contractor to submit any conforming bond when required by this Section shall constitute grounds for termination of the contract by the City. All Payment and Performance Bonds shall be recorded by the City with the Clerk of the Circuit Court of the county where the work is located. These bonds shall remain in effect at least until one (1) year after the date of substantial completion of the entire work assigned to Contractor under the contract, except as otherwise provided by applicable laws or regulations. All bonds shall be in accordance with statutory bond provisions in Florida Statutes and all other applicable laws. All bonds shall be executed by such sureties as are licensed to conduct business in the state of Florida and, except as otherwise provided by applicable laws and regulations, are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of its authority to act. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its license to do business in the state of Florida is terminated or it ceases to meet the requirements of this Section, Contractor shall within five (5) days thereafter substitute another bond and surety, both of which shall be in accordance with these requirements and acceptable to City. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 22 In addition to the other bonding requirements, the surety (ies) named on the Performance Bond and Payment Bond submitted by Contractor shall be subject to the approval of City. If City has a reasonable objection to the proposed Surety, City may require Contractor to submit an acceptable substitute. Quantities The quantities for the items listed in this solicitation are estimated annual quantities for bid evaluation purposes only and should not be construed as representing actual quantities to be purchased. Moreover, it is understood by all bidders that the City is not obligated to purchase any minimum or maximum amount during the life of a contract resulting from this solicitation. Favored Customer Clause: Should the awarded bidder (also referred to hereinafter as “Contractor”), of a contract resulting from this solicitation sell the same or substantially the same products or services as listed in this solicitation to another Governmental Agency, within the State of Florida, at a lower price than the price listed in this solicitation, the awarded vendor agrees to extend that same discounted price to the City of Orlando. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 23 GENERAL CONDITIONS Bidder should read and follow the following instructions. 1. EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bidder’s Certification Form. 2. SEALED BIDS: All bids must be submitted in a sealed envelope. The face of the envelope shall contain the date and time of the bid opening and the bid number. Bids not submitted on the City's bid forms may be rejected. All bids are subject to the conditions specified herein and on any attached sheets, specifications, standard terms and conditions and special conditions. 3. NO BID FORM: In the event you elect not to bid this requirement, respond by returning this form, marking it "NO BID" and the reason therefor. NOTE: To qualify as a respondent, bidder must submit a "BID" or "NO BID" and it must be received no later than the stated bid opening date and time. 4. BID OPENING: Shall be public, on the date and at the time specified on the bid form, with the total bid amount being read aloud. It is the bidders responsibility to assure that their bid is delivered at the proper time and place of the bid opening. Bids which for any reason are not so delivered, will not be returned but will be retained in the "BID FILE" unopened. Telephone or telegraphic bids cannot be accepted. 5. PRICES, TERMS, and PAYMENT: All prices must be firm for the delivery schedule quoted herein. Bids stipulating "Price in effect at time of shipment" or other similar conditions will be considered not responsive to the bid invitation and will not be accepted. All prices shall be quoted F.O.B. delivered to any City of Orlando Department unless otherwise stipulated in the bid invitation. Bidder is requested to offer cash discount for prompt invoice payment. It is the policy of the City of Orlando to make payments of invoices in time to earn any offered cash discounts. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the Accounts Payable Office, whichever is later. a) TAXES: The City of Orlando does not pay Federal excise and State sales taxes. Our tax exemption number is 85-8015427957C-9 and is also stipulated on all our Purchase Orders. b) POLITICAL SUBDIVISIONS: Under Florida Law, prices contained in State Contracts shall be available to the City of Orlando, who might wish to purchase under a State Purchase Contract. The City of Orlando therefore reserves the right to purchase any commodities from a State Purchase Contract if in the best interest of the City. c) MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices, and all instructions pertaining to supplies and services. Failure to do so will be a bidder's risk. d) CONDITION and PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. e) SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standards thereunder. f) MARKING: Each individual container shall be marked with the brand name of the product, quantity and the name and address of the manufacturer. Each shipping container shall include the name of the vendor and must also clearly indicate the City of Orlando Purchase Order Number. g) INVOICING and PAYMENT: The supplier shall be paid in accordance with Florida Statutes, upon submission of invoices to: The Accounts Payable Section, City of Orlando, 400 South Orange Avenue, Orlando, Florida 32801. Invoices are to be billed at the prices stipulated on the purchase order and as outlined in this bid. All invoices must show the City of Orlando Purchase Order Number. 6. CONFLICT OF INTEREST: The award hereunder is subject to Chapter 112, Florida Statutes. All bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of Orlando. Further, all bidders must disclose the name of any City of Orlando employee who owns, directly or indirectly, an interest of ten percent (10%) or more of the bidders firm or any of its branches. 7. AWARDS: As the best interest of the City of Orlando may require, the right is reserved to make award(s) by individual items, group of items, all or none, or a combination thereof, with one or more suppliers; to reject any all bids or waive any informality or technicality in bids received. 8. INSPECTION, ACCEPTANCE, and TITLE: Inspection and acceptance will be at destination unless otherwise stipulated. Title and risk of loss or damage to all items shall be the responsibility of the shipper (vendor) until accepted by the using department of the City of Orlando, unless loss of damage results from negligence by the City of Orlando or its Departments. 9. DISPUTES: In case of any doubt or differences of opinion as to the items to be furnished hereunder, the decision of the City of Orlando’s Chief Procurement Officer shall be final and binding on both parties. All disputes between the parties shall be resolved in accordance with the City Procurement Code, (Chapter 7 of the City Code). 10. LEGAL REQUIREMENTS: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the item(s) covered herein apply. Lack of knowledge by the bidder will in no way be cause for relief from responsibility. 11. LIABILITY: The vendor shall hold and save the City of Orlando, its officers, agents and employees harmless from liability of any kind in the performance of or fulfilling the requirements of the purchase order or contract which may result from this bid. NOTE: ANY AND ALL STANDARD OR SPECIAL CONDITIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 24 STANDARD TERMS AND CONDITIONS 1. RECEIPT OF BIDS: a. Bids shall be submitted electronically via Vendorlink to the Procurement and Contracts Division prior to the date and time specified herein. Bids will not be accepted after the designated time and date. It is solely the responsibility of the bidder to ensure timely delivery of their bid submittal. b. Each bid shall be submitted electronically and marked with the bid number, title of the bid, and bid opening date and time. City of Orlando Procurement and Contracts Division Attention: David Billingsley, CPSM, C.P.M. Chief Procurement Officer C/O Purchasing Agent: Silvia Coste, CPP, Senior Purchasing Agent 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 2. COMMUNICATIONS; QUESTIONS REGARDING SPECIFICATIONS OR BIDDING PROCESS: a. To protect the integrity of the solicitation process and ensure fair consideration of all respondents, a prohibited communication period is hereby established commencing as of the time of the issuance of this solicitation and terminating upon execution of a contract (or, if the solicitation is cancelled, upon cancellation of the solicitation). Except for communication with the City’s designated point of contact set forth in this solicitation or as otherwise authorized by the City’s Chief Procurement Officer, during the prohibited communication period, the City prohibits communication regarding the solicitation by a respondent or potential respondent (or on a respondent or potential respondent’s behalf) to or with any officer, elected official (including the Mayor and City Council), department, division, office, or employee of the City, or any other person or entity providing advice to the City related to this solicitation. During the prohibited communication period, all contacts and communications regarding the solicitation by a respondent, or potential respondent, including their agents, representatives and others on their behalf, shall be directed to the City’s Procurement and Contract Services Division in the manner provided below in this solicitation, unless otherwise authorized by the City’s Chief Procurement Officer. Prohibited contact or communications during the prohibited communication period may result in disqualification from the solicitation process, rejection of the solicitation, or termination of any resulting contract as determined by the Chief Procurement Officer. In addition, prohibited contact or communications may also be grounds for suspension and debarment of a respondent or potential respondent under the City’s Procurement Code. b. Any questions by a bidder relative to the interpretation of specifications or the bid process shall be addressed in writing as indicated below. In order to be answered prior to the submittal deadline, questions must be received by the Procurement and Contracts Division ten SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 25 (10) days prior to the date set for the receipt of bids. Please see the “Written Question(s) Form” under Forms and Submittals Section of this solicitation. Any interpretation made to prospective bidders with respect to questions submitted prior to the cut-off date for questions to be answered prior to the submittal deadline will be expressed in the form of an Addendum to the specifications which, if issued, will be conveyed to all prospective bidders no later than five (5) days before the date set for receipt of bids. Oral answers will not be authoritative. c. It will be the responsibility of the bidder to contact the Procurement and Contracts Division prior to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda, and return executed addenda with the bid. d. All communication and contact regarding this solicitation shall be directed to the Purchasing Agent referenced on the cover page of this Invitation for Bids: Silvia Coste, CPP, Senior Purchasing Agent silvia.coste@orlando.gov City of Orlando Procurement and Contracts Division City Hall at One City Commons 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 (407) 246-2291 Fax (407) 246-2869 Website: http://www.cityoforlando.net/procurement/ 3. TERM OF THE CONTRACT: The term of the contract resulting from the solicitation, shall be for an initial twelve (12) month period. The contract may, by mutual assent of the parties, be extended for four (4) additional twelve (12) month periods or portions thereof, up to a cumulative total of sixty (60) months. 4. BIDDER'S CERTIFICATION FORM: Each bidder shall complete the "Bidder's Certification Form” included with this Invitation for Bids. The form must be acknowledged before a Notary Public with notary seal affixed on the document. The failure of a bidder to include this document with their bid submittal will be cause for rejection of the bid. 5. SUBMITTAL OF BIDS: Bids shall be submitted electronically via vendorlink the bid form(s) provided herein. All bids shall be properly executed with all blank spaces filled in. The signatures of all persons signing shall be in longhand. Erasures, interlineations, or other corrections shall be authenticated by affixing in the margin immediately opposite the correction the initials of a person signing the bid. If the unit price and the total amount provided by a bidder for any item are not in agreement, the unit price alone shall be considered as representing the bidder's intention, and the totals shall be corrected to conform thereto. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 26 6. BID INFORMATION: It is incumbent on the bidder to check the City of Orlando’s website at https://vendorlink.cityoforlando.net or contact the Procurement and Contracts Division for current bid and award information, prior to and after the scheduled opening date of a solicitation, in accordance with the instructions provided herein, in section entitled, “Invitation for Bids Award Information”. 7. EXCEPTIONS TO TERMS AND CONDITIONS: When completing your bid, do not attach any forms which may contain terms and conditions that conflict with those listed in the City’s bid document(s). Inclusion of additional terms and conditions, such as those which may be on your company’s standard forms, may result in your bid being declared non-responsive. 8. SPECIFICATIONS: a. The Specifications shown in the Invitation for Bids are intended to represent items of a quality level known to meet City’s requirements. While the City endeavors to promulgate written Specifications that are accurate and nonrestrictive for bidding purposes, they may also reference an item by manufacturer’s name and model number. Bidders are cautioned that in the event of a discrepancy therein, such difference must be timely questioned in writing. Any written question must be received by the Procurement and Contracts Division by the time set on this solicitation. b. If any proprietary, trade, brand, or manufacturers' name or part number is used herein in describing the required equipment or materials, it shall be understood to indicate the minimum standard of composition and quality desired, and shall not be construed to exclude equipment or goods that equals or exceeds the functional capability and quality of the named equipment. The City, in its sole discretion, shall determine whether equipment or goods are equivalent in capability and quality. Bidders are strongly encouraged to submit equivalent equipment or materials for consideration during the question and answer period. If equivalent equipment or materials is proposed, indicate the manufacturer's name and model number for the equipment and include any literature or other explanation of the equipment's quality or performance with your bid. c. The equipment bid herein shall be new and shall be of the current production model. If applicable, detailed equipment specifications for make and model offered shall be provided with bid. d. Bidders may be required, at no expense or liability to the City, to make available for test/demonstration, equipment equal in all aspects to the equipment bid, and/or equal equipment that may be seen under operating conditions in the Central Florida area. 9. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 27 meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement. 10. DISCOUNTS: Bidders may offer a cash discount for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes. Discounts will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. 11. ALTERATIONS/CHANGES TO BID PRICE FORM(S): Bidder shall not change or otherwise alter the quantity or unit designations on the Bid Price Form(s). The unit price bid and total extensions must correspond to these designations. Each line item will be extended as indicated (quantity x unit price). The unit price shall prevail. 12. ADDENDA: It is the bidder’s responsibility to contact the Procurement and Contracts Division prior to submitting a Bid to ascertain if any Addenda have been issued, to obtain all such Addenda, and return executed Addenda with the Bid. If you have downloaded this Bid from the Internet, please ensure that you also download all such Addenda. The failure of a bidder to submit acknowledgment of any Addenda that affects the bid price(s), is considered a major irregularity and will be cause for rejection of the Bid. 13. "NO BID" RESPONSE FORM: In the event you elect not to bid on this requirement, please complete and return the "No Bid" form included in this solicitation. 14. OPENING OF BIDS: Electronic bids will be received in the Procurement and Contracts Division until the due date and time as specified in this Invitation for Bids. Bids will be opened and the total bid amount shall be publicly read aloud immediately following the published due date and time. No responsibility will attach to the City for the premature opening of a bid not properly addressed and identified. Bidders or their authorized agents are invited to be present at the bid opening. 15. BIDDER QUALIFICATION: Bids will be considered from firms who have adequate personnel and equipment and who are so situated as to perform prompt service. The City reserves the right to request information or conduct an inspection of the bidder's facility and equipment prior to the award of the contract. Bids will be considered only from firms which are regularly engaged in the business as described in this bid package; with a record of performance for a reasonable period of time, which have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the service if awarded a contract under the terms and conditions herein stated. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 28 The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practice in the industry and as determined by the City. Failure to comply with the established deadline for submittal of required documents may be grounds for disqualification. 16. INSPECTION OF PUBLIC RECORDS: Bidders may request copies of the solicitation records in person or by written request to the City Records and Archive Management Services located at 400 South Orange Avenue, 2nd Floor, Orlando, Florida, 32801 or by calling (407) 246- 2148. You may also email your request to records@orlando.gov . Pursuant to Florida State Statute Chapter 119.07, sealed bids are exempt from public inspection until such time as the City provides Notice of Intended Action or until thirty (30) days after bid opening, whichever is earlier. 17. IRREGULAR BIDS: Bids made on other than the documents furnished by the Procurement and Contracts Division may not be considered. Changes in phraseology, additions, or limiting provisions made on the Invitation for Bids may render the bid irregular and may cause rejection. The City’s Chief Procurement Officer, however shall have the authority to waive minor irregularities. 18. UNBALANCED BIDS: At determined by the City's Chief Procurement Officer in the CPO’s discretion, the City may consider a solicitation response irregular and reject it if any of the prices are excessively unbalanced (either above or below the amount of a reasonable response) to the potential detriment of the City. The City further reserves the right to require backup documentation from the respondent if, in the Chief Procurement Officer's opinion, the prices are, or appear to be, excessively unbalanced. 19. WITHDRAWAL OF BIDS: After bid opening, no changes in bid prices or other provisions shall be permitted. Bidders may withdraw or correct a bid prior to the stipulated date and time for the opening of bids upon a written request to the City’s Chief Procurement Officer. 20. EVALUATION OF BID AWARD: The City reserves the right to award the bid to the responsive and responsible bidder who submits the lowest bid meeting specifications. For purposes of this solicitation, the determination of the responsive and responsible bidder submitting the lowest bid shall be made after the application of all applicable programs and preferences established by the City, including but not limited to the City’s MBE/WBE program and VBE preference. In determining whether a bidder is responsible, the City reserves the right to consider matters such as, but not be limited to, quality offered, delivery terms, and service reputation of the bidder. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 29 21. AWARD OR REJECTION OF BIDS: The City’s Chief Procurement Officer reserves the right to accept any, all or part of any bids, to waive minor irregularities, or to reject any, all or part of any bids, and to advertise for new bids, as the interest of the City may require. The City’s Chief Procurement Officer also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a bidder who investigation shows is not in a position to perform the contract. In determining responsibility, the following other qualifications, in addition to price, may be considered by the City’s Chief Procurement Officer: a. The ability, capacity and skill of the bidder to perform the service required. b. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference. c. The character, integrity, reputation, judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts or services. e. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service. f. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service. g. The quality, availability and adaptability of the supplies, or services, to the particular use required. h. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. i. Whether the bidder is in arrears to the City on a debt or contract or is a defaulter on surety to the City, or whether the bidder's taxes or assessments are delinquent. j. Such other information as may be relevent or secured. 22. SELECTION/REJECTION OF OPTIONS: The City of Orlando reserves the right to select/reject options which are bid, based on price and other considerations as deemed to be in the best interests of the City. 23. MULTIPLE AWARDS: The City reserves the right in its sole discretion after evaluation of all responsive bids, to award the work described herein to more than one responsive and responsible bidder. In such cases where an award is made to more than one responsive and responsible bidder, the City shall apportion the work among the various primary, secondary and alternate providers in such manner and at such time as it deems appropriate under the circumstances in its sole discretion and no minimum amount or proportion of work is guaranteed to any single provider or class of providers irrespective of such provider’s designation as primary, secondary or alternate. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 30 24. CONTINGENT FEES: The bidder warrants that no City official or employee was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services and/or supplies specified herein. 25. IRREVOCABLE OFFER: The submission of a bid shall constitute an irrevocable offer to the City by the bidder for a period of ninety (90) days from the date of bid opening to provide the goods and services set forth in this solicitation upon the terms, conditions, and provisions of this solicitation, at the pricing set forth in the bid. 26. PRICING AND ORDERING: The City will issue purchase orders directly to the awarded bidder for the purchase of supplies and materials. The awarded bidder shall honor these orders in accordance with the terms and conditions of the solicitation and their pricing and discounts terms as listed in their bid submittal. Unless otherwise specified, the awarded bidder shall stock sufficient quantities of supplies to meet the requirements of the City on an "as-needed" basis within seventy-two (72) hours after being notified of such requirements by the City. 27. RETURN OF MERCHANDISE: All items delivered must meet the Specifications herein. Items delivered not as specified will be returned at no expense by the City of Orlando. The City may return, for full credit, any unused items received which fail to meet the city’s performance standards. Replacement items meeting Specifications must be submitted within a reasonable time after rejection of the non-conforming items. The supplier is to accept for full credit, any merchandise returned by the City within ninety (90) days from the delivery or pick up date. All merchandise to be acceptable for full credit is to be returned in a condition to allow for resale by the vendor and include reference to an applicable Vendor Invoice or Packing List. Full credit is to include all costs paid by the City related to the subject merchandise as determined by the appropriate Vendor Invoice or Packing List. 28. CONTRACT SALES REPORT The Contractor shall report sales and usage data to the City on an annual basis in Excel spreadsheet format. The following data at a minimum must be reported for each item included on the Price Form that is procured during the reporting period: • Contract name and number • Contractor name • Reporting period • Department/Division/Location name • Order date • Item description • Manufacturer name • Manufacturer part number • Unit of measure • Quantity • Contractor’s list price SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 31 • Unit price • Extended price • Total purchase amount for the quarter Submission of Contract Sales Reports is the responsibility of the Contractor, without prompting or notification by the City. The Contractor will submit by email the completed Contract Sales Reports to the Purchasing Agent identified in the Contract. The City shall work with the Contractor to develop the approved electronic format and content of the Contract Sales Reports to be used by the Contractor. Failure to provide Contract Sales Reports, including no sales status, may be grounds for default and /or cancellation of the Contract. 29. FAMILIARITY WITH SITE WORK AND CONDITIONS: The responsibility for the determination of accurate measurements, the extent of work to be performed, and the conditions surrounding the performance thereof shall be the bidder's. Submission of a bid shall constitute acknowledgment by the bidder that it is familiar with all such conditions. The failure or neglect of a bidder to familiarize itself with the site of the proposed work, shall in no way relieve it from any obligations with respect to its bid. 30. RIGHT TO AUDIT RECORDS: The City shall be entitled to audit the books and records of a Contractor or any subcontractor to the extent that such books and records relate to the performance of the contract or any subcontract. The Contractor and its subcontractors shall retain and maintain financial records and other records relating to the contract for a period of five (5) years from the date of final payment under the contract and by the subcontractor for a period of five (5) years from the date of final payment under the subcontract unless a shorter period is otherwise authorized in writing by the City. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 5-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5-year period, whichever is later. 31. ASSIGNMENT: The Contractor shall not sell, assign, or transfer any of its rights, duties, or obligations under the contract or under any purchase order issued pursuant to the contract, without the prior written consent of the City. The Contractor shall give full attention to the contract, to the faithful execution of the contract, and shall keep the same under its control. 32. FISCAL YEAR FUNDING APPROPRIATION: a. Specified Period Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interest of the City provided funds are available for the first fiscal period at the time of contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation by City Council of funds therefor. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 32 b. Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the Contractor shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred but not amortized in the price of the supplies or services delivered under the contract or otherwise recoverable. 33. APPLICABLE LAW AND APPEALS: This solicitation is issued in accordance with and shall be governed by the provisions and procedures of Chapter 7 of the City of Orlando’s Code which can be accessed online at: https://www.municode.com/library/fl/orlando/codes/code_of_ordinances?nodeId=TITIICICO_CH 7PRCO or by contacting the Procurement and Contracts Division. Any appeal of matters relating to this solicitation must be filed in accordance with the requirements of Chapter 7 of the City Code. 34. WARRANTY: Bidder warrants that all equipment, materials and workmanship, whether furnished by bidder or its subcontractor(s), will comply with the City's specifications, drawings and other requirements. The Contractor warrants that the Work including equipment and materials provided shall conform to professional standards of care and practice in effect at the time the Work is performed, be of the highest quality, and be free from all faults, defects or errors. Whenever required by the specifications of the Invitation to Bid, the Contractor warrants that all equipment and materials provided shall be new. If the Contractor is notified in writing of a fault, deficiency or error in the Work provided within one (1) year from completion of the Work, the Contractor shall, at the City's option, either reperform such portions of the Work to correct such fault, defect or error, at no additional cost to the City, or refund to the City, the charge paid by the City, which is attributable to such portions of the faulty, defective or erroneous Work, including the costs for reperformance of the work provided by other Contractors. 35. CONTRACT AND ACCEPTANCE FORM: In order to expedite the contracting process after bid opening and preclude delays occasioned by subsequent contract execution, bidders are requested to sign the Contract and Acceptance Form included with this solicitation and return the form with their bid. In the event that a successful bidder fails to properly execute the Contract and Acceptance Form or return said form (or, if necessary, a letter of authorization) with their bid, the City shall notify the bidder of the City’s intent to make an award and the bidder shall submit such form properly executed (together with a letter of authorization, if necessary, as set forth below) within fifteen (15) calendar days of receipt of notice from the City. Unless such time is extended by the City, the failure of a bidder to submit a properly executed form (and, where necessary, a letter of authorization) within said time period shall be cause for cancellation of the intended award by the City in its sole discretion. In the event that an intended award is cancelled, the award may then be made to the next lowest responsive and responsible bidder or the City’s Chief Procurement Officer may decline to make an award. Successful bidders who default in properly executing the Contract and Acceptance Form after notification of the City’s intent to make an award shall forfeit any bid security to the City and are subject to suspension and/or debarment by the City. Unless otherwise agreed by the City in its sole discretion, the Contract and Acceptance form shall be executed and notarized as follows: SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 33 a. If the bidder is a corporation, the Contract and Acceptance Form shall be signed by an authorized corporate officer (i.e., President, Vice President, C.E.O, or C.O.O.). b. If bidder is a Partnership, the Contract and Acceptance Form shall be signed by a general or managing partner. c. If the bidder is a limited liability company, the Contract and Acceptance Form shall be signed by a Manager or Managing Member having authority to bind the company. d. If bidder is a sole proprietorship, the owner shall sign the Contract and Acceptance Form. If an aforementioned signatory is not available and a different authorized signatory executes the form, a letter of authorization reflecting the signatory’s authority shall be submitted on the bidder’s stationery stating that the person who signed the form is duly authorized to enter into such contract on behalf of the bidder. Such letter of authorization shall be signed by one of the designated signatories above or such other representative as may be acceptable to the City. If you have any questions regarding the execution of the Contract and Acceptance Form, please contact the Procurement and Contracts Division at (407) 246-2291 for further clarification. If a bid is accepted by the City of Orlando, the Contract and Acceptance Form will be executed by the City with respect to the items awarded and returned to the bidder evidencing the City’s acceptance of the bid. No award shall be final, and no bidder shall have any entitlement to a contract or award, until such time as the City has executed the Contract and Acceptance Form. Upon execution by both parties, the Contract and Acceptance Form will constitute the formal written contract between the City of Orlando and the bidder. Any such resulting contract shall be non-exclusive, and the City may procure the goods and services listed in said contract from other sources. Within one (1) week of receipt of the fully executed Contract and Acceptance Form, an awarded bidder shall provide to the City with any required bonds, indemnities, and insurance certificate(s). 36. ACCEPTANCE OF MATERIALS/SERVICES: The City will be deemed to have accepted the Work after the City’s Chief Procurement Officer is notified by the using Department of its satisfaction that the Work is completed, in accordance with solicitation specifications. The Work under this Agreement shall remain the property of the Contractor until the City accepts such work. In the event the Work furnished under this Agreement is found to be defective or does not conform to the specifications, the City reserves the right to cancel the Agreement upon written notice to the Contractor. 37. CONTRACT ALTERATIONS: No waiver, alterations, consent or modification of any of the provisions of the contract shall be binding unless in writing and signed by the City’s Chief Procurement Officer or the CPO’s designee. 38. INDEMNIFICATION: The awarded bidder agrees to indemnify and hold harmless the City, its elected officials, officers, agents, and employees, from and against any and all liability, claims, damages, demands, expenses, fees, fines, penalties, suits, proceedings, actions, and cost of actions, including SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 34 attorneys’ fees for trial and on appeal, and for the preparation of same arising out of the Contractor’s, its officers’, agents’, and employees’ acts, or omissions associated with the contract. 39. INSURANCE: a. General Insurance Requirements. Within seven (7) days of receipt of a notification of intended award from the City, the Contractor shall provide the City with the required Certificate(s) of Insurance in a form(s) acceptable to the City. The Certificate(s) of Insurance shall demonstrate that the awarded bidder has coverage in accordance with the requirements set forth herein. Insurance coverage must be in force throughout the contract term. Should a Contractor fail to maintain insurance as required or to provide acceptable evidence of insurance within seven (7) days prior to the expiration date of an insurance policy, the City shall have the absolute right to terminate the contract without any further obligation to the Contractor. In such event the Contractor shall be liable for the entire additional cost of procuring performance plus the cost of performing the incomplete portion of the contract at the time of termination. b. Subcontractors. Unless expressly specified otherwise in this solicitation, a Contractor and its subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to the City. It shall be the responsibility of the Contractor to maintain the required insurance coverages and to assure that subcontractors maintain required insurance coverages at all times. Failure of a Contractor to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation. The requirements specified herein as to types, limits, and City’s approval of insurance coverage to be maintained by a Contractor and its subcontractors are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor and its subcontractors under a contract. Any insurance carried by the City that may be applicable shall be deemed to be excess insurance and the Contractor’s insurance primary for all purposes despite any conflicting provision in the Contractor’s policies to the contrary. c. Certificates of Insurance. Prior to commencing work at the jobsite, and as a condition precedent to the Contractor’s and his subcontractors’ initiation of performance, the Contractor and its subcontractors shall furnish the City with certificates of insurance as evidence that policies providing the required coverage and limits of insurance are in full force and effect. The certificates shall provide that any company issuing an insurance policy for the work under a contract shall provide not less than 30 days advance notice in writing to the City prior to cancellation, termination, or material change of any policy of insurance (except for notice of non-payment of premium for which not less than 10 days advance notice in writing shall be required). In addition, the Contractor shall immediately provide written notice to the City upon receipt of notice of cancellation of an insurance policy or a decision to terminate an insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied, including certification that the policies are of the “occurrence” type. Certificates of insurance for a Contractor and subcontractor-furnished insurance and notices of any cancellations, terminations, or alterations of such policies shall be mailed to the Procurement and Contracts Division at the address set forth for delivery of the bid. d. Additional Insureds. All insurance coverages furnished under a contract except Workers’ Compensation and Employers’ Liability shall include the City and its officers, elected officials, and employees as additional insureds with respect to the activities of the Contractor and its SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 35 subcontractors. The City shall not by reason of their inclusion under these policies incur liabililty to the insurance carrier for payment of premium for these policies. e. Waiver of Subrogation. The Contractor and its subcontractors shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City, its officers, elected officials, agents and employees and against other Contractors and subcontractors. f. Types of Coverage to be Provided. The awarded Contractor (and its subcontractors to the same extent and on the same terms as set forth below for Contractor) shall maintain the following coverages and furnish the certificate(s) of insurance on the policies and renewals thereof which indicate that insurance coverage has been obtained meeting the requirements of the contract. (i) Workers’ Compensation and Employer’s Liability. This insurance shall protect the Contractor against all claims under applicable state workmen’s compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees that, for any reason, may not fall within the provisions of a workmen’s compensation law. This policy shall include an “all states” or “other states” endorsement. Exemption certificates shall be accepted if valid during the term of the contract, but only for those eligible corporate officers pursuant to Chapter 440 of the Florida Statutes. Proof of workers’ compensation coverage must still be provided for all employees, sub-contractors not eligible for exemption. The liability limits shall not be less than: Workers’ compensation Statutory Employer’s Liability $100,000 each occurrence (ii) Comprehensive Automobile Liability. This insurance shall be written in comprehensive form and shall protect the Contractor and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicle, and shall cover operation on or off the site of all motor vehicles licensed for highway use, whether they are owned, non-owned, or hired. The liability limits shall not be less than: Bodily injury and $1,000,000 combined single Property damage limit each occurrence (iii) Commercial General Liability. This insurance shall be an “occurrence” type policy (excluding automobile liability) written in comprehensive form and shall protect the Contractor and the additional insureds against all claims arising from bodily injury, sickness, disease, or death of any person or damage to property of the City or others arising out of any act or omission of the Contractor or its agents, employees, or subcontractors. This policy shall also include protection against claims insured by usual bodily injury liability coverage, a “contractual liability” endorsement to insure the contractual liability assumed by the Contractor under its contract with the City, and “completed Operations and Products Liability” coverage (to remain in force for 2 years after final payment and subsequent to project completion). If the Contractor’s work, or work under its direction, requires blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of structures, or damage to underground property. The liability limits shall not be less than: SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 36 Bodily injury and $1,000,000 combined single Property damage limit each occurrence 40. LICENSES: Unless otherwise extended by the City, the awarded bidder will be required within fifteen (15) calendar days of award date, to provide any and all local, state, and federal licenses, approvals, permits, authorizations and/or certifications which would be applicable for all services to be rendered during the term of the contract. 41. AUTHORITY: The City’s Chief Procurement Officer or the CPO’s written designee shall have authority to act on behalf of the City in matters related to the contract, including but not limited to the sending and receiving of any notices required hereunder. 42. PUBLIC ENTITY CRIMES: A person or affiliate, as defined in §287.133 of the Florida Statutes, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid to provide any goods or services to a public entity, may not submit a bid with a public entity for the construction or repair of a public building or a public work, may not submit a bid on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in §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. 43. PROMPT PAYMENT ACT: Payment by the City shall be made in accordance with Sections 218.70. et sq. Florida Statutes, Local Government Prompt Payment Act. 1. Proper Invoice For purposes of billing submission and payment procedures, a "proper invoice" by a Contractor, vendor or other invoicing party shall consist of at least all of the following: a. a description (including quantity) of the goods and/or services provided to the City (or a party on behalf of the City) reasonably sufficient to identify it (or them); b. the amount due, applicable discount(s), and the terms thereof; c. the full name of the vendor, Contractor or other party who is supplying the goods and/or services including a mailing address in case of a dispute and a mailing address for payment purposes (if they are different) and a telephone number; d. the Purchase Order or contract number as supplied by the City; and e. an identification by Division, Office or Department of the party(ies) to whom the goods were delivered or services provided. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 37 All invoices, in order to be classified as a proper invoice, shall be delivered to Accounts Payable, Business and Financial Services Department, City of Orlando, 400 South Orange Avenue, P.O. Box 4990, Orlando, Florida, 32802-4990. Finally, in addition to all of the above, in order to be considered a proper invoice, it must be based on a proper delivery, installation, or provision of the goods and/or services to and acceptance by the City (or party on behalf of the City); the vendor, Contractor or other party who is supplying the goods and/or services has otherwise complied with all of the contract's terms and conditions and is not in default of any of them; and if the contract requires any subcontractors or other parties to be bound by similar other "flow-down" requirements that those requirements have been complied with. 2. Dispute Resolution In the event a dispute occurs between a Contractor, vendor or other invoicing party ("invoicing party") and the City concerning payment of an invoice, the City Department, Office or Division which has the dispute along with a representative of the City's Procurement and Contracts Division and the invoicing party shall meet to consider the disputed issues. The invoicing party shall provide to the City such material and information as the City may reasonably require. Any such procedure shall be initiated by either party notifying the other in writing of a dispute and stating with specificity its nature. This procedure shall commence not later than forty-five (45) days, and be resolved not later than sixty (60) days, after the date on which the proper invoice was received by the City. Any decision by the City’s Chief Procurement Officer shall constitute the final decision of the City regarding these matters and shall be communicated in writing to the invoicing party within three business days after such decision. If no decision is rendered within the time period as set out above, then a decision against the invoicing party shall be deemed to have been issued. 44. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the awarded vendor, the submission of any bid in response to this Invitation for Bid constitutes a bid made under the same terms and conditions, for the same contract price, to other governmental agencies including the State of Florida and its agencies, political subdivisions, counties and cities. Each governmental agency desiring to accept these bids, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials ordered and received by it and no agency assumes any liability by virtue of this bid. 45. EQUIPMENT: The Contractor is responsible for all damage or loss by fire, theft or otherwise, to materials, tools, equipment, and consumables, left on City property by the Contractor. 46. TERMINATION FOR CONVENIENCE: The City’s Chief Procurement Officer may terminate any contract resulting from this solicitation for convenience with advance written notice to the Contractor. In the event of such a termination by the City, the City shall be liable for the payment of all work properly performed or materials provided prior to the effective date of termination and for all portions of materials, supplies, SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 38 services, and facility orders which cannot be cancelled and were placed prior to the effective date of termination. 47. DRUG-FREE WORKPLACE CERTIFICATION: By submitting a bid in response to this Invitation for Bids, you are certifying that your company is a drug-free workplace in accordance with Florida Statute §287.087. 48. AMERICANS WITH DISABILITIES ACT: Persons with disabilities needing a special accommodation to participate in this proceeding should contact the Procurement and Contracts Division, City Hall at One City Commons, 400 South Orange Avenue, Orlando, Florida 32801 telephone (407) 246-2291, not later than seven (7) days prior to the date on which the accommodation is requested. 49. PURCHASING CARD PROGRAM: The City of Orlando uses the VISA Purchasing Card Program to streamline our procurement process. In order to expedite payments to suppliers, The Bank of America VISA Purchasing Card and ePayable solution has been implemented to more effectively control our procurement activities and to achieve a significant cost savings over the traditional paper, purchasing and payment system. As one of the City of Orlando’s valued suppliers, your business may also achieve cost savings results by accepting the ePayables solution. Identified supplier benefits of this Program may include: • Reduction of payment time • Direct electronic deposit to your primary banking account • Increase in working capital • Elimination of invoicing • Reduced collection efforts • Enhanced corporate relationships • Reduced billing costs • Enhanced reporting • Increased sales as a “Preferred Supplier” Additionally, you will be able to grow your customer base by accepting purchasing cards from other corporate customers as well as all major credit cards, therefore, The City encourages all vendors to accept the VISA ePayable solution. 50. RECIPROCAL LOCAL PREFERENCE: In the event the lowest responsive and responsible response to any Invitation for Bids or Request for Proposal is by a vendor whose principal place of business is in a city, county, or state which grants a preference for the procurement of such goods or services to a vendor whose principal place of business is in such area, then the City may award a preference to the (next) most responsive and responsible vendor having a principal place of business in the Metropolitan Statistical Area, (i.e., Orange, Seminole, Lake and Osceola Counties). Such preference shall be equal to the preference granted by the area in which the lowest responsive and responsible vendor has its principal place of business. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 39 51. EMERGENCY SUPPORT: It is hereby made a part of this Invitation for Bids that before, during and after a public emergency, disaster, hurricane, flood, or other acts of God, that the City of Orlando shall be provided goods and services on a first priority basis. It is vital and imperative that the citizens of the City are protected from any emergency situation which threatens public health and safety, as determined by the City. Contractor agrees to provide, rent, sell, or lease all goods and services required by the City on a first priority basis. The City expects to pay a fair and reasonable price for all goods and services acquired before, during and after a disaster, emergency or hurricane. Contractor shall furnish a twenty-four (24) hour phone number in the event of such an emergency. 52. SUBCONTRACTORS: The Contractor shall perform all of its obligations and functions under the contract by means of its own employees, or by a duly qualified subcontractor, which is approved in advance by the City. In the event a subcontractor is employed, the Contractor shall continuously monitor the subcontractor’s performance, shall remain fully responsible to insure that the subcontractor performs as required and itself perform or remedy any obligations or functions, which the subcontractor fails to perform properly. 53. BID PRICES: Unless otherwise specified, Bid Prices must include all costs (labor, overhead, materials) and profit to perform the work specified in this Invitation for Bids. Bid prices shall remain firm for the entire contract period unless otherwise specified or changed by an Amendment. At each renewal period, price increases or decreases may be considered, provided they are reasonable and acceptable to the City. Any Amendment must be in writing and signed by both parties. 54. GOVERNING LAW / VENUE: Any contract entered into as a result of this solicitation shall be deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. Any litigation arising out of this contract shall be commenced in the State and Federal Courts of Orange County, Florida. Contractor shall comply with all applicable federal, state, and local laws in the performance of work under the contract. To the extent applicable, Contractor shall comply with Florida public records laws, including Sections 119.0701(2) (b) 1 through 4 of the Florida Statutes. 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 THE PUBLIC RECORDS AT C/O DEPUTY CITY CLERK, RECORDS@CITYOFORLANDO.NET, TELEPHONE NUMBER (407) 246-3538, 400 S. ORANGE AVE., ORLANDO, FL 32801. 55. RECYCLED CONTENT: In support of the Florida Waste Management Law, bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 40 etc.); the percentage of recycled material contained in the product and the cost and product performance impact of increasing the percentage of recycled content. The City is requesting that bidders provide detailed information regarding any known or potential recycled material content in the product that may be extracted and recycled after the product has served its intended purpose, on the Bidder’s Questionnaire as provided in this solicitation. 56. LIVING WAGE POLICY: As set forth in City Policy and Procedure 161.3 (for a copy, contact Procurement at 407.246.2291). Covered Service Contractors, as well as their subcontractors (first tier only), shall pay to all of their employees providing Covered Services pursuant to a contract with the City, a living wage for the time spent providing services to the City. (This provision does not include general administrative personnel unless they are assigned to a City project). “Living wage” means compensation for employment of not less than $15.00 per hour for straight time, exclusive of FICA, unemployment taxes, and workers compensation insurance and employee benefits. Necessary payroll documentation shall be provided to confirm compliance with this provision or the service Contractor shall allow the City to audit (at service Contractor’s place of business) its payroll records to determine if compliance has been achieved. Failure to comply with the provision may result in termination of the contract and/or preclusion from future City contracts at the sole option of the City. This provision shall apply to all bid and Proposal awards for Covered Services, which involve City expenditures that exceed $100,000.00 per year. More particularly, this provision shall apply to single and multiple award agreements for Covered Services regardless of the initial value of the award whenever City expenditures exceed $100,000.00 in any one contract year. As for multiple award contracts (contract award which will be divided among several Contractors), at the point when the City has expended $100,000.00 on that contract in any one-contract year, regardless of whether such expenditure was to one Contractor or several Contractors, then the living wage provision shall apply to all Contractors who are a party to that award. For those contracts whose initial value was less than $100,000.00 but exceeded $100,000.00 prior to the end of the contract term, this provision will be applicable to that contract in the next quarter. To further clarify, the Living Wage policy does not apply to part time employees, or the part time employees of all subcontractors. Furthermore, the workers of temporary employment agencies are not covered by the City’s Living Wage Policy. A hard copy of the City's Living Wage Policy is also available at the Procurement and Contracts Division. 57. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES: In accordance with Section 287.135(2) of the Florida Statutes, “[a] company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of: (a) Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel; or (b) One million dollars or more if, at the time of bidding on, or submitting a proposal for, or entering into or renewing such contract, the company: 1. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, or SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 41 2. Is engaged in business operations in Cuba or Syria.” Section 215.473 of the Florida Statutes defines a company to include “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.” By submitting a response to this solicitation, a respondent certifies that it and those related entities of respondent as defined above by Florida law above are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, by submitting a response to this solicitation, a respondent certifies that it and those related entities of respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. Any respondent awarded a Contract as a result of this solicitation shall be required to recertify the aforementioned certifications at each renewal of the Contract. The City may terminate any contract resulting from this solicitation if respondent or any of those related entities of respondent as defined above by Florida law are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it 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, or it is found to have been engaged in business operations in Cuba or Syria. Notwithstanding the preceding, the City reserves the right and may, in its sole discretion, on a case by case basis, permit a company on such lists or engaged in business operations in Cuba or Syria to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods or services of one million dollars or more, or may permit a company on the Scrutinized Companies that Boycott Israel List to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods or services of any amount, should the City determine that the conditions set forth in Section 287.135(4) of the Florida Statutes are met. Accordingly, firms responding to this solicitation shall execute and return with their response an executed copy of Attachment “D”, Certification Regarding Prohibition Against Contracting With Scrutinized Companies. A contract shall not be awarded to a Respondent who does not submit the certification form at the time of submittal or within seven (7) days of the date the City requests the certification form be submitted, if a Respondent fails to return the form with its response. 58. ORDER OF PRECEDENCE: This solicitation shall be included and incorporated in the purchase order or contract resulting from this solicitation. The purchase order or contract, including any exhibits attached thereto, contains all the terms and conditions agreed upon by the parties. No other contract, oral or otherwise, regarding the subject matter of the contract, shall be deemed to exist or to bind either party hereto. Unless otherwise expressly provided in the purchase order or contract, in the event of any conflict between the terms of the contract or purchase order, the City's solicitation, and the vendor's response, the order of precedence shall be the contract or purchase order, followed by the solicitation, and then the response to the solicitation. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 42 59. PATENTS AND COPYRIGHTS: The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device in performance of the Work, which is the subject of patent rights or copyrights. Contractor shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the Work, or any part thereof, furnished under the contract, constitutes an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against the City. 60. TERMINATION FOR DEFAULT: The performance of Work under the contract may be terminated by the City’s Chief Procurement Officer, in whole or in part, in writing, whenever the Chief Procurement Officer shall determine that the Contractor has failed to meet the performance requirements of the contract. The Chief Procurement Officer has a right to terminate for default if the Contractor fails to make delivery of the supplies or perform the Work, or if the Contractor fails to perform the Work within the time specified in the contract, or if the Contractor fails to perform any other provisions of the contract. Notwithstanding the preceding, nothing herein shall be deemed to preclude the Chief Procurement Officer in the CPO’s sole discretion on a case by case basis from providing the Contractor with written notice and a reasonable opportunity to cure the default prior to termination. Failure of a Contractor to deliver or perform the required Work within the time specified, or within a reasonable time as determined by the Chief Procurement Officer or failure to make replacements of rejected articles or Work when so requested, immediately or as directed by the Chief Procurement Officer, shall constitute authority for the Chief Procurement Officer to purchase in the open market articles or Work of comparable grade to replace the articles or Work rejected, not delivered, or not completed. On all such purchases, the Contractor or his surety, shall reimburse the City, within a reasonable time specified by the Chief Procurement Officer, for any expense incurred in excess of the contract prices. Such purchases shall be deducted from contract quantities or work. Should public necessity demand it, the City reserves the right to utilize services or use and/or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Chief Procurement Officer. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the Chief Procurement Officer that failure to perform the Work was due to causes beyond the control and without the fault or negligence of the Contractor. Nothing herein shall be deemed to preclude the City’s exercise of any other rights or the City's pursuit of any other remedies that it may have herein or under law or in equity, including but not limited to any right of the City to terminate the contract for convenience. 61. TIME OF COMPLETION: The parties understand and agree that time is of the essence in the performance of the contract. The Contractor or City, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials, labor, fuel or supplies for any reason including default of suppliers, or any other causes, contingencies or circumstances SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 43 not subject to the Contractor's or City's control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Contractor's or City's contractual obligations, respectively. Any such causes of delay, even though existing on the date of the Agreement or on the date of the start of Work, shall extend the time of the Contractor's or City's performance respectively, by the length of the delays occasioned thereby, including delays reasonably incident to the resumption of normal Work schedules. However, under such circumstances as described herein, the City’s Chief Procurement Officer may at the CPO’s discretion, cancel the contract for the convenience of the City. The Contractor agrees that all Work shall be executed regularly, diligently, and uninterrupted at such a rate of progress as will ensure full completion thereof within the time specified. 62. CORRECTION OF WORK: The Contractor shall promptly correct all Work rejected by the City as faulty, defective, or failing to conform to the contract whether observed before or after substantial completion of the Work, and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 63. INFORMATION: All information, data, designs, plans, drawings, and specifications furnished to or developed for the City by the Contractor or its employees, pursuant to the contract, shall be the sole property of the City and all rights therein are reserved by the City, except that the Contractor may disclose any such information to its corporate affiliates and their agents as necessary to perform the Work. 64. SAFETY MEASURES: The Contractor shall take all necessary precautions for the safety of the City's and Contractor's employees and the general public and shall erect and properly maintain at all times all necessary vehicular and facility safeguards for the protection of the workmen and public. If necessary, the Contractor shall post signs warning against hazards in and around the work site. 65. EXTRA WORK: The City, without invalidating the contract, may order changes in the Work within the general scope of the contract consisting of additions, deletions, or other revisions, the Agreement price and time being adjusted accordingly. All such changes in the Work shall be authorized by a written amendment to the contract, and shall be executed under the applicable conditions of the contract. If the Contractor plans to make a claim for an increase in the contract price or an extension in the contract schedule/term, it shall first give the City written notice within ten (10) calendar days after the occurrence of the event giving rise to such a claim. This written notice shall be given by the Contractor to the City, and a written approval secured from the using Department and the City’s Chief Procurement Officer, before proceeding to execute the Work, except in an emergency endangering life or property, in which case the Contractor shall immediately proceed. No claim for extra work will be considered valid by the City unless first submitted in writing. 66. FAMILIARITY WITH THE WORK: The Contractor acknowledges full understanding of the extent and character of the Work required and the conditions surrounding the performance thereof. The City will not be responsible for any SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 44 alleged misunderstanding of the Work to be furnished or completed, or any misunderstanding of conditions surrounding the performance thereof. It is understood that the execution of the contract by the Contractor serves as his stated commitment to fulfill all the conditions referred to in the contract. 67.TITLE AND RISK OF LOSS: The title and risk of loss to the Work shall pass from the Contractor to the City upon the City's final acceptance of the Work. 68.TRADE NAMES: In cases where an item is identified by a manufacturer's name, trade name, catalog number, or reference, it is understood that the bidder proposes to furnish the item so identified and does notpropose to furnish an "EQUAL" unless the proposed "EQUAL" is definitely indicated therein bythe bidder. The reference to a name brand is intended to be descriptive but not restrictive and only to indicate to the prospective bidder articles that will be satisfactory. Bids on other makes and catalogs will be considered provided each bidder clearly states in his bid or proposal exactly what he proposes to furnish and forwards with his bid a cut illustration or other descriptive matter whichwill clearly indicate the character of the article covered by his bid. The City hereby reserves theright to approve as an equal, or to reject as not being equal, any article the bidder proposes to furnish which contains major or minor variations from the specification requirements but may comply substantially therewith. If no particular brand, model, or make is specified and if no data is required to be submitted with the bid, the successful contractor after award and beforemanufacturer or shipment may be required to submit working drawings or detailed descriptive data sufficient to enable the City to judge if such requirement of the specification is being complied with. 69.FEDERAL, STATE, AND LOCAL RULES / APPROVALS: The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of Work under this Agreement. The Contractor is to procure all permits, licenses, and certificates, or any such approvals of plans or specifications as may be required by federal, state and local laws, ordinances, rules, and regulations, for the properexecution and completion of the Work under this Agreement. 70.EMPLOYMENT ELIGIBILITY; E-VERIFY SYSTEM Pursuant to Section 448.095 of the Florida Statutes, prior to Contract execution and at all times during the term of the Contract, Contractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. If Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the Contract and, if longer, for any additional audit period provided to the City in the Contract. Pursuant to Section 448.095(2)(c) of the Florida Statutes, the City, Contractor, or a subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09(1) shall terminate the contract with the person or entity. If the City has a good faith belief that a subcontractor knowingly violated this subsection, but the Contractor otherwise complied with this subsection, the City shall SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 45 promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. Pursuant to Florida Statute, a contract terminated pursuant to subparagraph 1. or subparagraph 2. of Section 448.095(2)(c) of the Florida Statutes is not a breach of contract and may not be considered as such, and the City shall have no liability to Contractor, a subcontractor, or any entity or person arising from or related to such a termination. If the Contract with Contractor is terminated by the City pursuant to Section 488.095(2)(c), the Contractor may not be awarded a public contract for at least one (1) year after the date on which the Contract was terminated and Contractor shall be liable to the City for any additional costs incurred as a result of the termination of the Contract. 71. CLEAN WORK AREA: The Contractor shall at all times, keep the Work area free from accumulation of waste materials or rubbish caused by his operations, and promptly remove any such materials to an approved disposal location. 72. MISCELLANEOUS PROVISIONS: By submitting a bid, the bidder shall be deemed to have certified that the contract is made without prior understanding, agreement or connection with any corporation, firm or person who submitted bids for the work covered by the contract and is in all respects fair and without collusion or fraud. Bidder further warrants and certifies that they are authorized to enter into the contract and to execute same on behalf of the Contractor as the act of the said Contractor. The contract, including any Exhibits thereto, contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of the contract shall be deemed to exist or to bind either party thereto. If any section, sentence, clause, phrase, provision, or other portion of the contract is, for any reason, held invalid or unconstitutional by a court or other body of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of the contract. The contract is solely for the benefit of the parties to the contract and no causes of action shall accrue upon or by reason thereof to or for the benefit of any third parties. The City’s Chief Procurement Officer or written designee shall have authority to act on behalf of the City in matters related to the contract, including but not limited to the sending and receiving of any notices required hereunder. 73. NONDISCRIMINATION POLICY: The following provisions shall be included in all City (and Community Redevelopment Agency and Downtown Development Board) bids, RFP’s, and other solicitations for goods and services, and incorporated into all contracts resulting from such solicitations: Contractor shall: 1. Implement an employment nondiscrimination policy prohibiting discrimination in the performance of the contract in the hiring, discharging, promoting or demoting, matters of compensation, or any other employment-related decision or benefit on account of actual or perceived race, ethnicity, color, religion, national origin, gender, disability, SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 46 age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. 2. Not discriminate in the performance of the contract on account of actual or perceived race, ethnicity, color, religion, national origin, gender, disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. 3. Incorporate the foregoing requirements in all subcontracts related to its contract with the City. 74.AFFILIATED AGENCIES This solicitation is issued by the City of Orlando on behalf of itself and its affiliated agencies, including but not limited to the Community Redevelopment Agency of the City of Orlando ("CRA"), the Downtown Development Board ("DDB"), and the Downtown South Neighborhood Improvement District ("DSNID") (each an "Affiliated Agency"). Upon the written agreement of the Contractor and an Affiliated Agency (or upon the issuance of a Purchase Order by an Affiliated Entity in circumstances where the City places orders by Purchase Order), Contractor shall provide such goods and/or services as set forth in this solicitation to an Affiliated Agency upon the same pricing, terms, and conditions set forth in the Contract between the City and Contractor, unless otherwise greed in writing by the Contractor and the Affiliated Agency. Except as may otherwise be expressly provided in the agreement or Purchase Order authorizing the acquisition of the goods or services, (i) the procuring Affiliated Agency shall be solely responsible for all obligations and duties, and shall have all rights of the City, with respect to the goods or services procured by the Affiliated Agency; and (ii) Contractor shall look solely to the procuring Affiliated Agency for payment and the performance of any and all other obligations for goods or services contracted for by a procuring Affiliated Agency. With respect to work performed for an Affiliated Agency, actions may be taken on behalf an Affiliated Agency by the Chief Procurement Officer of the City of Orlando, or his designee(s). 75.PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: Final and complete payment will be made on the basis of completion and acceptance by the City of the work performed under the contract and receipt of satisfactory evidence that all payrolls, bills for materials, have been paid in full. Payments of subcontractors shall be made in compliance with 218.735 (6) et sq. Florida Statutes. The existence of any unpaid bills or charges for labor, materials or other supplies used directly by the Contractor or any subcontractor under the contract, shall constitute cause for the City to withhold final payment until said bills or charges are paid. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 47 FORMS AND SUBMITTAL DOCUMENTS SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 48 BID PRICE FORM Bidder’s Name: You are invited to Bid on the following: IFB23-0119, Sidewalk Inspection, Grinding, Removal & Repairs The bidder, having carefully examined the specifications and Terms and Conditions herein, proposes to furnish all labor, materials, equipment and other items without exception for the proper execution and completion of the work, and if awarded the contract, to complete the said work within time limits as specified for the following bid prices. BID PRICE FORM Item No. Estimated Quantity Unit Description Unit Price Total 1. 2. 3. 40,000 1,000 10,000 LF LF SF 0.25”-2.00” Trip Hazard >2” TripHazard Removal & Replacement Sidewalk $____________ $____________ $____________ $_____________ $_____________ $_____________ TOTAL BASED BID: $_______________ BIDDER INITIALS:________________ 1. FOB Point Destination 2. Discount Payment Terms (if any): _______%, if paid within ______days after receipt of invoice. 3. Is your company willing to accept the VISA ePayable solution for payment of all invoices? ____ Yes ____ No 4. Is your company willing to serve as a secondary supplier in the event your company is not selected for primary award?____ Yes ____ No Recheck your quotations prior to submission. Bids may not be changed after being opened. American Grinding Company, LLC d/b/a American Sidewalk Management JPV 0 30 X X 8.95 8.95 25.00 358,000.00 8,950.00 250,000.00 616,950.00 SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 50 CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Respondents must disclose within their Bid the name of any officer, director, employee or agent (or their spouse or child) who is also an employee or officer of the City of Orlando. Furthermore, all Respondents must disclose the name of any City employee or officer (or their spouse or child) who owns, directly or indirectly, an interest of more than five percent (5%) in the Respondents firm or any of its affiliates or subsidiaries. By submission of this Bid, the undersigned certifies, under penalty of perjury, that to the best of their knowledge and belief, except as disclosed pursuant to the instructions above, that no officer or employee of the City (or their spouse or child), directly or indirectly, owns an interest of more than five percent (5%) in the Respondents firm or any of its affiliates or subsidiaries; nor does the Respondent know of any City officer or employee having any financial interest in assisting the Respondent to obtain, or in any other way effecting, the award of the contract to this Respondent. Comments: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ Acknowledged by: __________________________________________ Firm Name: __________________________________________ Signature of Authorized Representative: __________________________________________ Name and Title (Print or Type): __________________________________________ Date: __________________________________________ American Grinding Company, LLC d/b/a American Sidewalk Management Joel Van Veen / President February 15, 2023 Joel Van Veen Not applicable as there are no conflicts of interest. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 51 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the City may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it 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, or it is found to have been engaged in business operations in Cuba or Syria. Name of Respondent:____________________________________ By:__________________________________________________ (Authorized Signature) Title:_________________________________________________ Date:_________________________________________________ Joel Van Veen / American Grinding Company, LLC d/b/a American Sidewalk Management President February 15, 2023 SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 53 BIDDER’S QUESTIONNAIRE: The following questionnaire is to be completed by the bidder and provided with its bid submittal. If a question is not applicable, so indicate by writing “N/A”. 1.COMPANY NAME: Address of Principal Place of Business: City/State/Zip: Phone: Fax: Name of primary Contact : Email: 2.TYPE OF ORGANIZATION: ______ Sole Proprietorship ______ Partnership ______ Non-Profit ______ Joint Venture ______ Corporation ______ Other: __________________ State of Formation: _______________ Federal ID # DUNS # (The City only requires a Federal Tax ID Number, not a Social Security number. 3.EMERGENCY CONTACT PERSON: Phone: Fax: Cell: 4. INSURANCE COMPANY NAME: Agent Contact:Phone: 5.EXPERIENCE: A. Years in business: B. Years in business under this name: C. Years performing this type of work: 6.SUBCONTRACTORS - for informational purposes only: If bidder intends to use subcontractors, please provide the information below. All subcontractors listed remain subject to approval by the City. Name of subcontractors to be utilized and type of work: Name Type of Work M/WBE VBE Certified? City Certified? (Y or N) (Y or N) __________________________ ___________________ _______ ________________ __________________________ ___________________ _______ ________________ __________________________ ___________________ _______ ________________ American Grinding Company, LLC d/b/a American Sidewalk Management 1425 Coit Ave NE Suite #200 Grand Rapids, MI 49505 (888) 556-7344 (888) 556-7344 Joel Van Veen joel@sidewalkmgmt.com X LLC FL 45-5068772 04-848-1239 Paul Slotsema / Director of Operations (888) 556-7344 (888) 556-7344 Coldbrook Insurance Craig Renke (616) 301-6757 11 years 11 years - d/b/a added in 2021 11 years (888) 556-7344 N/A - No subcontractors will be required to complete work detailed in this bid. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 54 7.LOCAL SERVICE FACILITY, IF APPLICABLE: A. Name of local service center: B. Address of local service center: C.County local service center is located in: D. Contact: ___________________________________Telephone number: 8.RECYCLED CONTENT: A.Percentage of recycled material contained in the product: _____% B.Is your product packaged/shipped in material containing recycled content? Yes _____ No _____ C.Is your product recyclable after it has reached its intended end use? Yes _____ No _____ 9.REFERENCES: Bidder shall submit as a part of their Bid submittal, a minimum of three (3) customer references that shows vendor has 3-years experience in Grinding. Reference #1: Name: Address: Telephone No.:: Fax No.: Contact: E-mail: Reference #2: Name: Address: Telephone No.:: Fax No.: Contact: E-mail: Reference #3: Name: Address: Telephone No.:: Fax No.: Contact: E-mail: Reference #4: Name: Address: Telephone No.:: Fax No.: Contact: E-mail: City of Tampa, Florida (813) 274-8901 Keith Gorman keith.gorman@tampagov.net City of St Cloud, Florida (407) 957-7347 Scott Adams sladams@stcloud.org City of Lakeland, Florida (863) 834-6000 Michael Slaton michael.slaton@lakelandgov.net 3804 E 26th Ave, Tampa, FL 33605 1300 9th St, St Cloud, FL 34769 407 Fairway Ave, Lakeland, FL 33801 City of Orlando, Florida Howard Elkin howard.elkin@cityoforlando.net (407) 246-2370 1030 Woods Ave, Orlando, FL 32805 (407) 246-3613 Not applicable. X X 100 * * Note that this references the fact that all concrete waste removed as a part of the grinding and R&R process is recycled. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 55 WRITTEN QUESTION(S) FORM: Any questions relative to interpretation of specifications or the solicitation process must be addressed to the City in writing. For uniformity, the City requests that you use the following format. No verbal inquiries will be accepted. Written questions must be received at least ten (10) days prior to the solicitation due date. Written questions received within ten (10) days of the solicitation due date will not be responded to. Please submit all questions to the Purchasing Agent as identified in this Invitation for Bids. This form is provided for your convenience, however, emails to the Purchasing Agent are acceptable. Only written answers and clarifications in the form of a written Addendum to the solicitation will be binding. Oral answers will not be authoritative. SOLICITATION NUMBER: IFB23-0119 DATE SUBMITTED: _____________ SOLICITATION TITLE: SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS. COMPANY NAME: American Grinding Company, LLC d/b/a American Sidewalk Management ADDRESS: 1425 Coit Ave NE, Suite #200 CITY: Grand Rapids _____________________________________STATE: MI_____________ ZIP: 49505_________________ CONTACT NAME: __Joel Van Veen___________________________________PHONE: (888) 556-7344 ______________________ 1. 2. 3. 4. 5. 2/9/23 SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 56 ADDENDUM ACKNOWLEDGMENT FORM: The undersigned acknowledges receipt of the following addenda to the Documents (Give number and date of each): Addendum No.Dated Addendum No.Dated Addendum No.Dated Addendum No.Dated Addendum No.Dated Failure to submit acknowledgment of any Addendum that affects the Bid prices is considered a major irregularity and will be cause for rejection of the bid. Company Signature Title 1 American Grinding Company, LLC d/b/a American Sidewalk Management President 2 2/23/23 1/31/23 SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 57 "NO BID" RESPONSE TO INVITATON FOR BIDS Procurement and Contracts Division 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 If your firm is unable to submit a bid at this time, would you please provide the information requested in the space provided below and return to: City of Orlando Procurement and Contracts Division 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 We have received Invitation for Bids No. IFB23-0119, Sidewalk Inspection, Griding, Removal & Repairs- opening at 2:00 p.m., Local Time, City of Orlando, FL, on, March 2 2023. Reason for not bidding: BY: Signature Name & Title, Typed or Printed Company Name SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 58 BIDDERS EQUIPMENT LIST Page 11, Section II Item E Lease/Own Make Model Year VIN Description of Vehicles Function Note: See Attachments A & B for all applicable equipment information. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 Procurement and Contracts Division Page: 59 ATTACHMENT “A” SUPPLEMENTARY CONDITIONS SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 SUPPLEMENTARY CONDITIONS 2.26.20 SUPPLEMENTARY CONDITIONS 1.CITY OF ORLANDO CONSTRUCTION CONTRACT BID SPECIFICATIONS MINORITY ANDWOMEN-OWNED BUSINESS ENTERPRISE PARTICIPATION Notice of Minority Business Enterprise Requirement Each Contractor must comply with the requirements, terms and conditions of Chapter 57, Article II and III, ofthe Code of the City of Orlando, Minority and Women-Owned Business enterprises (MBE/WBE), including the goals for minority and women-owned business participation and the goals for minority and female employment during the performance of this contract. The Contractor commits itself to the goals for minority and women-owned business participation and the goals for minority and female employment contained herein and all other requirements, terms and conditions of these bid conditions and Chapter 57 by submitting a properly signed bid and by executing an affidavit indicating both present and continued compliance with all minority and female requirements for this Contract. This notice is to assist you, however, there may be areas of concern to you which are not covered or which are only partially detailed herein. You, therefore, are encouraged to review Chapter 57 Articles II and III in their entirety. The Contractor will appoint a company executive to assume responsibility for the implementation of such requirements, terms and conditions; and will provide the name and contact information for the said executive to the Compliance Official. All Contractors are advised that the CITY specifically reserves the right that if during any fiscal year, bids are being sought by the CITY for a contract to provide supplies, services or construction and that the CITY has not achieved the goals established in accordance with the City Code, the contract may be awarded to the lowest responsible and responsive bidding minority or women-owned business enterprise, as applicable, meeting contract specifications unless it appears that the minority or women-owned business enterprise's bid is unreasonably priced, or if in the judgment of the CITY, the minority or women-owned business enterprise's bid is neither in the best interest of the CITY nor the lowest and best bid. For the purpose of this subsection, an "unreasonable price" is a price above competitive levels which cannot be attributed to the minority or women-owned business enterprise's attempt to cover costs inflated by the present effect of disadvantage or discrimination. Part I: Goals for Minority Business Enterprise Program A.It is the policy of the City of Orlando that Minority and Women-Owned Businesses shall have the maximum feasible opportunity to participate in the performance of CITY contracts. B.The Contractor agrees to use its best efforts to carry out this Minority Business Enterprise Policythrough award of subcontracts to Minority and Women-Owned Business Enterprises to the fullest extent consistent with the efficient performance of this Contract. As used in this contract, the term "minority business" is defined as a business firm which is at least 51% owned and controlled by minority group members and which has been officially certified by the CITY as an MBE. The minority ownership must exercise actual day-to-day management and independent control. For the purpose of this definition, minority group members are Black, Hispanic, American Indians, Alaskan Natives, Asian , and Pacific Islanders. As used in this Contract, the term "women-owned business" means a business firm which is at least 51% owned and controlled by women and which has been officially certified by the CITY as a WBE. The women ownership must exercise actual day-to-day management and independent control. C.Only those companies which are certified, or companies which are certified by programs which havebeen granted reciprocity by the CITY, may be utilized to meet the goals established by Chapter 57. The Minority Business Enterprise Division Office can supply the Contractor with a list which names all those companies certified by the City. Should a Contractor wish to use a company granted certification through the City's reciprocity program, the Contractor should verify the status of that company with the Compliance Official prior to bid opening. Companies SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 SUPPLEMENTARY CONDITIONS 2.26.20 qualified through the use of reciprocity may only be used when they have been previously approved by the Compliance Official and only if the Contractor has been unable to find a certified company to perform the subcontracted portion of the Contract using the criteria and requirements listed in the Good Faith requirements. D.The Contractor agrees that at least 18% of the total dollar value of the contract on which the Contractoris bidding shall be subcontracted to Minority Business Enterprises; at least 6% of the total dollar value of the Contract on which the Contractor is bidding shall be subcontracted to Women-Owned Business Enterprises, unless these goals have been adjusted downward by the Compliance Official pursuant to Section 57.16. Such adjustments, if applicable, will be documented to you in the form of an addendum, otherwise the goals are as herein stated. At least 18% of the Contractor's work force shall be minorities; and at least 6% of the Contractor's work force shall be female or, if such levels are not achieved, the Contractor agrees to provide firm evidence of a good faith effort to meet the percentages, as more fully set forth in Part III below. E.For the purpose of this program, the term "subcontract" includes all construction, modification,equipment rental, materialmen, and service work, contracted for by the Contractor in the execution of the work under this Contract. Notwithstanding the fact that a Contractor may have the capability to complete the total project with its own work force and without the use of Subcontractors, each Contractor will still be required to take positive efforts to subcontract to minority and women-owned firms a share of the work consistent with the goals or obtain a waiver of such requirement from the CITY Compliance Official. F.The Contractor should only use those minority or women-owned companies listed by or confirmed in writing through the Minority Business Enterprise Division in order to receive full credit. G.The successful Contractor shall maintain records showing (a) awards to minority and women-ownedbusinesses: (b) specific efforts to identify and award subcontracts to minority and women-owned businesses, (c) minority and female employment, (d) specific efforts to identify and employ qualified minorities and females, and (e) awards to non-minority and non-women owned businesses. H.Monthly MBE and WBE utilization status reports shall be submitted to the MBE Division on the CITY’s designated B2G Now electronic payment reporting system. The CONTRACTOR will also need to submit the B2G Now Monthly Audit Summary Report and any other affidavits and related documents required to establish compliance with the Minority and Women Business Enterprise program goals for the project with the CONTRACTOR’s Application for Payment. I.The MBE Division shall have the right to review and audit records, receipts and documents maintained by the Contractor, upon reasonable notice. Part II. Specific Good Faith Efforts for Minority Business Enterprise (“MBE”) and Women Business Enterprise (“WBE”) Subcontractor Participation The Contractor will be deemed in compliance with the City of Orlando Minority and Women-Owned Business Enterprise Chapter 57 Ordinance if it meets or exceeds the goals stated in Part I in its subcontracts, agreements and employment levels. Contractors who fail to achieve their commitments to the goals for minority and women-owned subcontracting participation should demonstrate their good faith efforts by documentation which includes, but is not limited to, the following: (1)Whether the Contractor, in the case of subcontract goals, at least ten (10) business days prior to the bidopening, provided written notice by electronic mail (“email”), facsimile, certified mail (return receipt request), or hand delivery, to all certified MBE's and WBE's which perform the type of work which the Contractor intends to subcontract, advising the MBE's and WBE's: SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 SUPPLEMENTARY CONDITIONS 2.26.20 (a)of specific work the Contractor intends to subcontract; (b)that their interest in the Contract is being solicited; and (c)how to obtain information about review and inspect the Contract plans and specifications. (2)Whether the Contractor selected economically feasible portions of the work to be performed by MBE'sor WBE's including where appropriate, breaking down Contracts or combining elements of work into economically feasible units. The ability of a Contractor to perform the work with its own work force will not in itself excuse a Contractor's failure to meet Contract goals. (3)Whether the Contractor provided interested MBE's or WBE's assistance in reviewing the Contract plans and specifications. (4)Whether the Contractor submits all quotations received from MBE's and WBE's, and for thosequotations not accepted, an explanation of why the MBE or WBE will not be used during the course of the Contract. Receipt of a lower quotation from a non-MBE/WBE prior to or at the time of bid opening will not in itself excuse a Contractor's failure to meet Contract goals; provided, however, a Contractor's good faith efforts obligation does not require a Contractor to accept a quotation from a MBE/WBE which is an unreasonable price. For the purpose of this subsection an "unreasonable" price is a price above competitive levels which cannot be attributed to the MBE/WBE's attempt to cover costs inflated by the present effect of disadvantage or discrimination. (5)Whether the Contractor elected to subcontract types of work that match the capabilities of solicitedMBE/WBE's. (6)Whether the Contractor's efforts were merely pro-forma and given all relevant circumstances, could not reasonably be expected to produce sufficient MBE/WBE participation to meet the goals. (7)Whether the Contractor has provided a list of all MBE/WBE's with whom they negotiated. (8)Whether the Contractor included at the time of bid opening a list of the Contractor's proposedSubcontractors, on the Letter of Intent form, provided as set forth in Attachment 1; or submitted on company letterhead in substantially the same manner, signed by the Contractor and containing the number of Contract dollars to be awarded to each proposed MBE/WBE subcontractor. A final executed copy of the Letter of Intent, with the MBE/WBE's signature(s), must be provided to the Compliance Official no later than two (2) business days after the bid opening. In determining the sufficiency of a Good Faith effort, the City may also review (1) whether the MBE or WBE goal was met by other bidders; and (2) whether the Contractor has on other contracts within the past six (6) months utilized MBE/WBE's. If a Contractor fails to meet the goals as established in this document, the Contractor must provide the previously listed "good faith" information (including the Letter of Intent) at the time that the bids are opened; if the Contractor meets the goals as listed, he must submit a Letter of Intent, signed by an authorized agent of the Contractor, at the time of the bid opening (see paragraph 8 of Part II for further information). If a Contractor fails to meet the goals as listed herein but has provided good faith documentation as contained in Part II above, the Compliance Official may provide an extension of no more than five (5) business days. At the end of that period the Compliance Official shall once again review the Contractor's efforts to subcontract with MBEs and WBEs to ensure that the Contractor has made a good faith effort to comply. While no Contractor shall be found to be in non-compliance solely on account of failure to meet the MBE/WBE goals, Contractors which fail to achieve the goals and fail to make good faith efforts to achieve the goals may have their bids rejected as non-responsive, have bid award rescinded or may have other penalties imposed pursuant to Chapter 57. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 SUPPLEMENTARY CONDITIONS 2.26.20 The Compliance Official will review the documentation presented by the Contractor for compliance with this document and Chapter 57. Minority Business Enterprise and Women Business Enterprise Subcontractors listed by the Contractor in the Letter of Intent cannot be changed by the Contractor without the prior written approval of the Compliance Official. Part III. Specific Good Faith Efforts for Minority and Female Employment Contractors who fail to achieve their commitments to the goals for minority and female employment must demonstrate their good faith efforts by documentation which includes at least the following: 1)Whether the Contractor has attempted to recruit minority or female employees through the use of the media, local hiring pools or other recruitment methods; 2)Whether the Contractor has initiated training programs to encourage the use of minority or femaleemployees; 3)Whether the Contractor has made use of any local agencies (i.e., Blueprint Employment Office) which promote the placement of minority or female employees; 4)Whether the Contractor recruited for positions for which there are qualified minority or femaleapplicants; 5)Whether the Contractor offered salaries which are comparable with standard local industry practices. If the Contractor is unable to meet the employment goals, has properly documented good faith effort, and the Compliance Official determines that the deficiencies are correctable, the Compliance Official shall inform the Contractor as to what actions must be taken to correct the deficiency. The Compliance Official will review the documentation presented by the Contractor for compliance with this document and Chapter 57. If there is any deviation from the MBE Utilization proposal as noted in the Contractor's submission, such deviation must be justified to the City. All deviations, whether before or after contract award and/or whether before or after commencement of work on the project, shall be reported to and approved by the Compliance Official. Failure to report deviations must be considered an inaccuracy or falsification and may result in a finding that the Contractor is non- responsive and the bid may be rejected or the Contract terminated for that reason. Contractors are required to execute and submit to the Compliance Official, copies of all ordinance-related sub-agreements within seven (7) days after Contract award, and from time to time, advise the Compliance Official of the status of its compliance with appropriate requirements. If it is determined by the Compliance Official that a Contractor with the CITY for construction services at any time during the said term of Contract failed to maintain the minority and female employment levels and minority and women-owned business enterprise percentages established pursuant to City Code and set forth herein and also failed to show a good faith effort to maintain said levels and percentages, the Compliance Official shall document the non-compliance and shall attempt to resolve the discrepancy with the Contractor's assistance. If the Contractor fails to correct the violation, the City may then impose appropriate penalties. The Compliance Official shall designate a Contract Compliance Investigator or the MBE Project Manager to investigate whether a contractor with the City for construction services has at any time during the term of said contract failed to maintain the minority employment levels and minority business enterprise percentages established pursuant to Section 57.16 of City code and also failed to show a good faith effort to maintain said levels and percentages, the Contract Compliance Investigator or the MBE Project Manager shall document the non-compliance and report it to the Compliance Official. If the contractor fails to come into compliance or fails to show a good faith effort to come into compliance within fifteen (15) days in the case of minority employment levels, and within fifteen (15) days in the case of minority business enterprises, the Compliance Official may then SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 SUPPLEMENTARY CONDITIONS 2.26.20 impose appropriate penalties upon the contractor, to include but not be limited to (a) forfeiture of a portion of the retainage withheld pursuant to the contract, commensurate with the extent of the violation, (b) withhold MBE approval memorandum for failure to comply, and (c) M/WBE de-certification. The Compliance Official may in his discretion refer the contractor to the Chief Procurement Officer for debarment from submitting future bids to the City for a period of one (1) year. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 SUPPLEMENTARY CONDITIONS 2.26.20 VETERAN BUSINESS ENTERPRISE PARTICIPATION FORM In order to foster economic development and business opportunities, promote the growth and development of local businesses, and rectify the economic disadvantages of service-disabled veterans and wartime veterans who have made extraordinary sacrifices on behalf of the nation, the City of Orlando has adopted a Veteran Business Enterprise (“VBE”) Preference. For further information regarding this program, please refer to Chapter 7 of the Code of the City of Orlando. In order for a bidder to receive credit for VBE certification for this solicitation, the bidder must have its principal place of business in the Metropolitan Statistical Area (i.e. Orange, Lake, Seminole or Osceola Counties) and be a certified veteran business enterprise by the State of Florida Department of Management Services as set forth in Section 295.187 of the Florida Statutes as of the date set for submittal of bids. If your company is currently certified, please enter the certification number and the expiration date in spaces provided below or submit a copy of the certificate received from the State of Florida Department of Management Services stating that your company is certified as a veteran business enterprise: Business Name: Certification Number: Expiration Date: There shall be no third party beneficiaries of the Veteran Business Enterprise Preference provisions of this solicitation or resulting contract. The City of Orlando shall have the exclusive means of enforcement of the Veteran Business Enterprise Preference Ordinance and any contract terms. No right of action for non-signatories of the contract is intended or implied. The City of Orlando is the sole judge of compliance. All solicitations and submittals awarded will be evaluated in accordance with Chapter 7 of the Code of the City of Orlando. Note: Not applicable as American Grinding Company, LLC will self-perform all work. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 SUPPLEMENTARY CONDITIONS 2.26.20 2.RESPONSIBLE CONTRACTOR’S POLICIES/DAVIS-BACON PAY RATE ANDCLASSIFICATION The wage rates set forth in the applicable Wage Determination General Decision for Orange County, Florida, identified in the Invitation for Bid, shall be the minimum hourly wage for the stated job classification to be paid to workers on this Project. However, no CONTRACTOR or Subcontractor’s worker shall be paid at a rate less than the Living Wage of $15.00 per hour. The CONTRACTOR shall post a copy of the CITY’S Living Wage and Responsible Contractor’s Policies set forth in the Supplementary Conditions as Attachment 2 at CITY designated locations on the Project site. 3.SOCIAL SECURITY NUMBER COLLECTION Pursuant to Section 119.071(5) of Florida law, the City is required to provide notification in writing of thepurposes for which an individual’s social security number is collected. The City collects social security numbers for the following purposes: identification and verification; tracking, employment verification and auditing. Social security numbers are also used as a unique numeric identifier and may be used for search purposes. 4.E-VERIFY The Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system, to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract. In addition, Contractor shall require any subcontractors performing work or providing services pursuant to the Contract to verify the employment eligibility of all new employees hired by the subcontractor during the term of the Contract. SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 SUPPLEMENTARY CONDITIONS 10/21/19 LETTER OF INTENT [*Instructions* Contractor shall place the following, in substantially the same form as provided below on their letterhead. In the event a Contractor fails to meet the MBE/WBE percentage goals and minority and female workforce as required by the attached documents, the Contractor shall complete and submit this Letter of Intent AT BID OPENING and shall provide evidence of a good faith effort as required by the "City of Orlando Construction Contract Bid Specifications Minority and Women-Owned Enterprise Participation, and Minority and Female Workforce percentages". Once the bids are opened, the Letter of Intent must be signed by the MBE/WBEs and returned to the Minority Business Enterprise Division no later than two days after bid opening.] Dear Compliance Official: I__________________________________________ have entered into an agreement(s) with the following Minority (Name of Contractor) and/or Women-Owned Business Enterprise(s) to do the following work for the listed, total contract amounts. 1) ______________________________________________________________________________(MBE/WBE) ______________________________________________________________________________(Scope of Work) ______________________________________________________________________________(Subcontract Price) (NOTE: Extend list for additional MBE/WBE(s) as needed) The total percentage of the Contract being performed by MBEs ___________% The total percentage of the Contract being performed by WBEs___________% The total dollar amount of contracts being performed by MBEs $___________ The total dollar amount of contracts being performed by WBEs $___________ The total percentage of the workforce or employment being performed by minorities _________% The total percentage of the workforce or employment being performed by females ___________% I understand that I shall not be allowed to substitute or change MBE/WBE Subcontractors nor their scope of work nor the percentage of work performed by them, without the express prior approval of the Compliance Official. [ ] I was unable to meet the MBE and/or WBE goals on the project. My "good faith" effort documentation is attached to this letter. _________________________________________________ ____________________ Authorized Agent of Contractor (must be signed) Date _________________________________________________ ____________________ Authorized Agent of MBE/WBE Date (must be signed within two (2) days after bid opening Note: See Attachment A SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS IFB23-0119 SUPPLEMENTARY CONDITIONS 10/21/19 LIVING WAGE AND RESPONSIBLE CONTRACTOR’S POLICIES The following City policies are applicable to this construction Project: (1)CONTRACTOR, as well as its Subcontractors at all tiers, shall pay to all of their employees providing services pursuant to a contract with the CITY, a living wage for the time spent providing services to the CITY. (Thisprovision does not include general administrative personnel unless they are assigned to a CITY project.) “Living wage” means compensation for employment of not less than $15.00 per hour for straight time, exclusiveof FICA, unemployment taxes, and workers compensation insurance and employee benefits. Necessary payroll documentation shall be provided to confirm compliance with this provision and the CONTRACTOR shall allowthe CITY to audit (at CONTRACTOR’s place of business) its payroll records to determine if compliance has been achieved. Failure to comply with the provision may result in termination of the contract and/or preclusionfrom future CITY contracts at the sole option of the CITY. (2)The CONTRACTOR, when paying its workers on this Project, shall pay such workers an hourly wage, based on classification for the Orlando region established by the Davis-Bacon Act (40 U.S.C. 276a-7) assupplemented by the Department of Labor regulations (29 CFR part 5) (hereinafter “hourly wage”). (3)The CONTRACTOR shall post a copy of the CITY’S Living Wage and Responsible Contractor’s Policies at designated locations on the Project site as required by the Contract Documents. PROCUREMENT AND CONTRACTS DIVISION CITY HALL • 400 SOUTH ORANGE AVENUE • P.O. BOX 4990 • ORLANDO, FLORIDA 32802-4990 PHONE 407.246.2291 • FAX 407.246.2869 • CityofOrlando.net • https://vendorlink.cityoforlando.net DATE: 1/31/2023 TO: All Bidders FROM: Silvia Coste, CPP, Senior Purchasing Agent Procurement and Contracts Division SUBJECT: Sidewalk Inspection, Grinding, Removal & Repairs. Transmittal of Addendum Number One (1) IFB23-0119 Please be advised of the following changes/clarifications to subject solicitation. The solicitation is hereby changed accordingly. A. WRITTEN QUESTION RECEIVED AND ANSWER: Question No. One (1): Regarding the project out for bid IFB23-0119; SIDEWALK INSPECTION, GRINDING, REMOVAL & REPAIRS, page 7 (Submittal Check List) shows a requirement of “FDOT Qualification in Intermediate Maintenance [sic] of Traffic Control.” However, according to the FDOT Prequalification Work Classes (please see attached) Intermediate Maintenance of Traffic Control is not one of them. Answer No. One (1): As stated on page 11 G. and page page 13 J., the Contractor shall have a certified Florida Department of Transportation Intermediate Maintenance of Traffic (M.O.T.) Control person. FINAL COMMENT: Only written questions answered in writing by formal Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Questions received after the cut-off date for questions by respondents as specified on Section 00030-1 of the Invitation to Bid will not be given any consideration. Firms are reminded to review the original solicitation and all subsequent Addenda issued. THE ATTACHED SIGNATURE PAGE MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL. In other respects, except as specifically stated above, all other terms and conditions of the solicitation remain unchanged. Sidewalk Inspection, Grinding, Removal & Repairs IFB23-0119 Addendum One (1) January 31, 2023 Page 2 of 2 SIGNATURE PAGE Bidders are asked to acknowledge receipt of this Addendum Number One (1), by completing the information requested below and submitting this information with their Bid. Failure to do so may subject the Bidder to disqualification. ALL OTHER SPECIFICATIONS AND CONDITIONS REMAIN UNCHANGED. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED NAME OF BUSINESS BY: SIGNATURE/DATE NAME & TITLE, TYPED OR PRINTED MAILING ADDRESS CITIES, STATE, ZIP CODE ( ) AREA CODE WITH TELEPHONE and FAX NUMBERS American Grinding Company, LLC d/b/a American Sidewalk Management February 15, 2023 Joel Van Veen / President 1425 Coit Ave NE, Suite #200 Grand Rapids, MI 49505 888 556-7344 / (888) 556-7344 PROCUREMENT AND CONTRACTS DIVISION CITY HALL • 400 SOUTH ORANGE AVENUE • P.O. BOX 4990 • ORLANDO, FLORIDA 32802-4990 PHONE 407.246.2291 • FAX 407.246.2869 • CityofOrlando.net • https://vendorlink.cityoforlando.net DATE: February 23, 2023 TO: All Bidders FROM: Silvia Coste, CPP, Senior Purchasing Agent Procurement and Contracts Division SUBJECT: Sidewalk Inspection, Grinding, Removal & Repairs. Transmittal of Addendum Number Two (2) IFB23-0119 Please be advised of the following changes/clarifications to subject solicitation. The solicitation is hereby changed accordingly. A. BID BOND FORM: For your convenience a Bid Bond Form is being provided. However, your surety company should be able to provide their own standard form. See ATTACHMENT “A” BID BOND FORM from this addendum. B. WRITTEN QUESTION RECEIVED AND ANSWER: Question No. One (1): Is a Performance & Payment Bond Required? VendorLink states that a Performance & Payment Bond is not require that only a Bid Bond is required. Answer No. One (1): No, a Performance and Payment bond is not required for your total base bid at bid time. A Performance and Payment Bond will only be required if an individual job is $200,000.00 or over. Yes, a 10% Bid Bond is required at Bid Opening of your total Base bid. Question No. Two (2): On page 11 under Item I - General, A, the specifications state that the minimum grinding rate is to be no less than 500 linear feet per day and have an average of 250 to 350 linear feet per day. Is the required average also supposed to be 500+ linear feet per day to match the minimum grinding rate? Answer No. Two (2): The minimum grinding rate is 500 linear feet per day." delete the statement "average 250 to 350 linear feet per day. Question No. Three (3): If a certified check is used to meet the bid bond requirement, how should that be submitted to the City? This is a question due to the requirement to submit bid responses electronically. If a Sidewalk Inspection, Grinding, Removal & Repairs IFB23-0119 Addendum Two (2) February 23, 2023 Page 2 of 4 certified check needs to be mailed, please provide instructions on how it should be sent, where it should be sent to, and any further information necessary for submission. Answer No. Three (3): If a certified check is being used to satisfy the 10% Bid Bond, please submit a copy of the check with your bid response. The original check can be delivered by hand or mail. The delivery location is: City Hall/ Procurement and Contracts Division 4th Floor, ATT: Silvia Coste, 400 South Orange Ave., Orlando, F 32801. Pease reference the project name and number. Question No. Four (4): For use of proprietary equipment that is exempt from disclosure does the City of Orlando have a form that should be used or should it simply be identified as such in the bid submission? Answer No. Four (4): Please identify this equipment separately marked proprietary and confidential, also include the law language that exempt this from becoming public records. Question No. Five (5): If a non-MBE/WBE company plans to self-perform all work (and no subcontractors are expected to be used), how should the Letter of Intent in the ‘Supplementary Conditions’ be completed? Answer No. Five (5): Please refer to your bid documents under the Supplementary Conditions: Specific Good Faith Efforts for MBE & WBE Part II (2): Whether the Contractor selected economically feasible portions of the work to be performed by MBE's or WBE's including where appropriate, breaking down Contracts or combining elements of work into economically feasible units. The ability of a Contractor to perform the work with its own work force will not in itself excuse a Contractor's failure to meet Contract goals. All bidders should make an effort to achieve the MBE & WBE program goals by selecting MBE & WBE firms for subcontracting opportunities. Please refer the bid documents page 28: #20--Evaluation of Bid Award. FINAL COMMENT: Only written questions answered in writing by formal Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Questions received after the cut-off date for questions by respondents as specified on Section 00030-1 of the Invitation to Bid will not be given any consideration. Firms are reminded to review the original solicitation and all subsequent Addenda issued. THE ATTACHED SIGNATURE PAGE MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL. In other respects, except as specifically stated above, all other terms and conditions of the solicitation remain unchanged. Sidewalk Inspection, Grinding, Removal & Repairs IFB23-0119 Addendum Two (2) February 23, 2023 Page 3 of 4 SIGNATURE PAGE Bidders are asked to acknowledge receipt of this Addendum Number Two (2), by completing the information requested below and submitting this information with their Bid. Failure to do so may subject the Bidder to disqualification. ALL OTHER SPECIFICATIONS AND CONDITIONS REMAIN UNCHANGED. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED NAME OF BUSINESS BY: SIGNATURE/DATE NAME & TITLE, TYPED OR PRINTED MAILING ADDRESS CITIES, STATE, ZIP CODE ( ) AREA CODE WITH TELEPHONE and FAX NUMBERS American Grinding Company, LLC d/b/a American Sidewalk Management February 27, 2023 Joel Van Veen, President 1425 Coit Ave NE, Suite #200 Grand Rapids, MI 49505 888 556-7344 / (888) 556-7344 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1046 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Works Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve the Drainage Easement conveyance request from the landowner Weaver Enterprises, Inc., in support of necessary stormwater culvert upgrades and repairs affecting 1875 Gulf to Bay Boulevard, in Pinellas County, Florida. (consent) SUMMARY: The current box-culvert easement area has been heavily damaged from excessive water erosion. All continued city efforts to secure or lessen the culvert damages have been unsuccessful. Engineering has designed an enlarged stormwater conveyance system to align with FDOT’s existing culvert cross-section under Gulf to Bay, now requiring additional easement areas from all affected landowners. The presented easement has an acknowledged page number typo. All affected utilities will be returned to their original condition. City staff have reviewed and approved this request. Page 1 City of Clearwater Printed on 8/31/2023 ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! 512 510 1867186518715191863520 5151869 1874 514 5131857511185918611860 187518801849GULF TO BAY BLVDS PEGASUS AVES CORONA AVEBROOKSIDE DRDocument Path: C:\Users\kevin.flynn\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\1867 Gulf to Bay Pro Drainage Easement\1867 Gulf to Bay Pro Drainage Easement.aprx Prepared by:Department of Public Works - EngineeringGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page: 1 of 1Aerial Flown 2023 1875 Gulf to Bay Blvd Proposed Drainage Easement Parcel Number: 13-29-15-12096-000-0340 ² N.T.S.Scale:KFMap Gen By:Reviewed By: RK 8/16/2023Date: AERIAL MAP Legend Existing DOT R-O-W Existing Drainage Easement Proposed Drainage Easement Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1039 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve Pinellas County EMS ALS First Responder Agreement Amendment No. 1 between Pinellas County and City of Clearwater, which will include a budget increase of 3.2%, reimbursement of Rescue 48, implementation and installation of a Traffic Preemption System in Pinellas County and municipal traffic control systems, require Clearwater Fire and Rescue employees to pass a background check to access the new 911 CAD System, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Emergency Medical Services Authority (EMS Authority) is a special district created for the purpose of providing Emergency Medical Services (EMS) throughout Pinellas County, pursuant to Chapter 80-585, Laws of Florida, and Chapter 54, Article III, Pinellas County Code, as amended. On September 15, 2022, City Council approved renewal of the Emergency Medical Services ALS First Responder Agreement for two years, commencing October 1, 2022 and ending at midnight September 30, 2024. Through this agreement, Clearwater Fire & Rescue will provide advanced life support services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. This contract provides for reimbursement of engine and rescue units, EMS Coordination positions, and projected capital. Fiscal Year (FY) 22-23 Annual Compensation is $7,374,492. Section 701(h) of the agreement provides the City of Clearwater to negotiate and submit a proposed budget increase if it exceeds 3% of the prior fiscal year’s budget. A budget request of $7,607,891 for FY23-24 was submitted and approved by the EMS Authority, resulting in an increase of 3.2% or $233,399. Pinellas County specifically agrees to reimburse the City of Clearwater up to $300,000 for Rescue 48. Pinellas County will provide and maintain a countywide Traffic Preemption System (TPS) in the County and municipal traffic control systems. Pinellas County will provide TPS equipment for frontline ALS First Responder Units. They will also provide TPS equipment for reserve ALS First Responder Units through a phased implementation. Pinellas County is responsible for maintaining equipment and replacing it at the end of a reasonable useful life. Pinellas County is implementing a new 911CAD System. Clearwater Fire & Rescue employees requiring access to this system must pass a criminal background screening by Florida Department of Law Enforcement Criminal Justice Information Services and comply with initial Page 1 City of Clearwater Printed on 8/31/2023 File Number: ID#23-1039 and ongoing training requirements. Upon approval of this amendment, all terms of the initial agreement will remain in full force, and the effective date of this amendment will be October 1, 2023. APPROPRIATION CODE AND AMOUNT: NA USE OF RESERVE FUNDS: NA Page 2 City of Clearwater Printed on 8/31/2023 EMERGENCY MEDICAL SERVICES ALS FIRST RESPONDER AGREEMENT AMENDMENT NO. 1 CITY OF CLEARWATER 2023 PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY 12490 Ulmerton Road Largo, Florida 33774 Emergency Medical Services ALS First Responder Agreement Page 2 ALS FIRST RESPONDER AGREEMENT AMENDMENT NO. 1 THIS FIRST AMENDMENT amending the Emergency Medical Services ALS First Responder Agreement, dated October 1, 2022, made this _______ day of ____________ 2023, between the CITY OF CLEARWATER, a Florida municipal corporation (“Contractor”), and the PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY, a special district (“Authority”). In consideration of the mutual benefits set forth below, the parties agree as follows: 1. Contractor currently contracts with the Authority to provide Advanced Life Support (ALS) First Responder Services. The Contractor and the Authority are currently parties to the Emergency Medical Services ALS First Responder Agreement, dated October 1, 2022, which contract is referred to herein as the “Agreement”. 2. Section 701(h) of the Agreement provides for an extraordinary budget increase which must be negotiated and approved prior to the beginning of the next fiscal year in the event any proposed budget submitted by the Contractor should exceed three (3%) percent of the prior Fiscal Year’s budget. The Contractor’s funding for FY22-23 totaled $7,374,492 and a budget request of $7,607,891 for FY23-24 has been submitted, resulting in an increase of 3.2% or $233,399. 3. The Authority hereby agrees to and has funded and authorized the Contractor’s budget request of $7,607,891 for FY23-24, which change is reflected on Appendix A hereto. 4. The Authority specifically agrees to reimburse contractor up to $300,000 for Rescue 48. 5. Authority shall provide and maintain a countywide Traffic Preemption System in cooperation with the County and municipal traffic control systems. “Traffic Preemption System” means a comprehensive Emergency Medical Services ALS First Responder Agreement Page 3 system provided by the Authority that overrides the normal operation of traffic signals during the emergency response of an ALS First Responder Unit to reduce Emergency Response Times and increase safety. Such system changes the upcoming traffic signal to green or holds a green signal so the ALS First Responder Unit can safely proceed through the intersection. Traffic Preemption System equipment shall be provided for frontline Authority Funded and Contractor Funded ALS First Responder Units. The Authority shall also provide Traffic Preemption System equipment for reserve ALS First Responder Units through a phased implementation subject to available funding. Authority shall be responsible for maintaining such equipment and replacing it at the end of a reasonable useful life, as determined by the Authority. 6. Contractor shall ensure all Personnel that have access to the 911CAD System and system information have received criminal background screening by the Florida Department of Law Enforcement (FDLE) Criminal Justice Information Services (CJIS) to the CJIS Level 2 requirements and have complied with all initial and ongoing training requirements. Personnel that have been denied CJIS Level 2 clearance shall not access the CAD System. Contractor shall have in place local policy to ensure that all rules required by the FDLE surrounding access to 911CAD and the information contained within are strictly followed. 7. Except as is otherwise set out herein, the Contractor and the Authority agree that upon approval by the respective Boards of the Contractor and the Authority and upon signing this Amendment, all terms of the Agreement will remain in full force and effect. 8. Contractor and Authority agree that the effective date is October 1, 2023. [Signature Page to Follow] Emergency Medical Services ALS First Responder Agreement Page 4 IN WITNESS WHEREOF the parties hereto, by and through their undersigned authorized officers have caused this Agreement to be executed on this _______ day of ___________________________, 2023. ATTEST: KENNETH BURKE, CLERK by: Deputy Clerk Countersigned: by: _____________________________ Mayor Approved as to form: by: ______________________________ Assistant City Attorney PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY By and through its Board of County Commissioners by: Chairman CITY OF CLEARWATER, FLORIDA by: City Manager Attest: by: City Clerk Emergency Medical Services ALS First Responder Agreement Page 5 Appendix A ALS First Responder Profile Contractor Clearwater EMS District(s) Clearwater EMS District Authority Funded Units Engine 44 Engine 45 Medic 45 Rescue 46 Medic 47 Rescue 48 Engine 49 Rescue 49 Engine 50 Engine 51 Contractor Funded Units Engine 46 Engine 47 Engine 48 EMS Coordination EMS Coordinator – 1 FTE (Clearwater 500) EMS Administrative Coordinator – 1 FTE (Clearwater 501) Rescue Lieutenant – 1 Position 24/7 (Rescue Lieutenant 45) EMS Administrative Support – 1 FTE FY23-24 Annual Compensation $7,607,891 Projected Capital FY23-24 Rescue Unit 48 (Budget Cap of $300,000) FY24-25 Rescue Lieutenant 45 FY25-26 None FY26-27 Medic 45; Medic 47 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1054 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Communications Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve an agreement with New World Communications of Tampa, INC., on behalf of its television station WTVT Fox 13, to allow the City to obtain certain rights to use the film/tape footage as set forth and authorize the appropriate officials to execute same. (consent) SUMMARY: As part of its Drone Zone Series, local television station Fox 13 recorded and aired a drone video of Coachman Park that was approximately 2 minutes 30 seconds. The piece was narrated by Mayor Brian J. Aungst Sr. This agreement allows the city to post the footage on the city’s website, MyClearwater.com. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/31/2023 BOX\FTS LA LEGAL\ LEGAL CLIPS\clips-23\ 07/31/23 Clearwater of Florida_wtvt_Coachman Park_ss1 FILM FOOTAGE LICENSE AGREEMENT Agreement dated as of July 25, 2023, between NEW WORLD COMMUNICATIONS OF TAMPA, INC., on behalf of its television station WTVT ("Producer") and CITY OF CLEARWATER ("Licensee") to obtain certain rights to use the film/tape footage as set forth below. Licensee and Producer agree that the use of the Footage will be controlled by the terms set forth on this page and the attached Standard Terms and Conditions. A. "FOOTAGE": The Footage shall consist of no more than 2 minutes and 30 seconds of WTVT news footage relating to Coachman Park in Clearwater, Florida. B. "PROGRAM": The Footage may be shown on Licensee’s website only. The Footage may not otherwise be dubbed or distributed without Producer’s prior written consent. C. "MEDIA": Internet Exhibition. D. "TERRITORY": United States of America. E. "TERM": Commencing on July 25, 2023, and continuing thereafter in perpetuity. F. "LICENSE FEE": Waived. G. ADMINISTRATIVE FEE: Waived. H. CREDIT: Licensee shall accord Producer credit on-screen while Footage is shown in the Program in the following form: " Footage Courtesy of Fox 13 News, New World Communications of Tampa, Inc. TM and © 2023. All rights reserved." I. NATURE OF USE: Licensee will not use the Footage in any manner that might infer or suggest that Licensee or Licensee’s website is affiliated with, endorsed by, sponsored by, or part of WTVT, or any of its divisions of affiliates, including, without limitation, Fox News Networks, LLC, Fox Corporation, and Fox Broadcasting Company. Licensee will not make any use of the Footage except as expressly provided herein. (Continued on next page) BOX\FTS LA LEGAL\ LEGAL CLIPS\clips-23\ 07/31/23 Clearwater of Florida_wtvt_Coachman Park_ss1 By signing in the spaces provided below, the parties have agreed to all of the terms and conditions contained above and in the attached Standard Terms and Conditions. CITY OF CLEARWATER (“Licensee”) By ___________________________________ Title _________________________________ Date Executed ________________________ 100 S. Myrtle Ave. Clearwater, Florida 33756 NEW WORLD COMMUNICATIONS OF TAMPA, INC., on behalf of its television station WTVT (“Producer”) By ____________________________________ Title _________________________________ Date Executed _________________________ 1999 S. Bundy Drive Los Angeles, California 90025 BOX\FTS LA LEGAL\ LEGAL CLIPS\clips-23\ 07/31/23 Clearwater of Florida_wtvt_Coachman Park_ss1 2 STANDARD TERMS AND CONDITIONS 1. GRANT OF LIMITED LICENSE: Upon receipt by Producer of this Agreement, signed by Licensee, Licensee is granted by Producer, without any representations or warranties of any kind, expressed or implied, a non-exclusive and non-transferable license to use the Footage pursuant to the terms hereof. The Footage shall only be used in and as part of the Program, for exhibition in the Media, in the Territory, and for the Term. The Footage will not be used for any other purposes whatsoever. Licensee will not make any reproduction of or from the Footage whatsoever in whole or in part, except for use in and as part of the Program. Licensee may not use the Footage in connection with the main or end titles of the Program. The Footage shall not be used in any manner such that it appears that artists appearing in the Footage have rendered services for the Program or Licensee. If Licensee has not signed and returned this Agreement to Producer within 30 calendar days of the date of this Agreement, then this Agreement shall automatically terminate in its entirety and be deemed void ab initio and Licensee shall have no rights hereunder. 2. LICENSE FEE: If the License Fee is not received by Producer within 30 days following Producer's receipt of this Agreement signed by Licensee, then this Agreement shall be deemed void and Licensee shall be in breach of its obligations hereunder. 3. RELEASES: Licensee shall not have the right to use the Footage without obtaining all required individual authorizations, releases, consents, clearances and licenses ("Releases") as may be necessary with respect to the use of the Footage including, without limitation, the Releases set forth below: (a) Written releases from all individuals appearing recognizably in the scene(s) contained in the Footage and from all stunt persons appearing in any stunt identifiable in the scene(s) contained in the Footage. (b) Written releases from any unions or guilds to the extent required under applicable collective bargaining agreements in connection with the use of the Footage. (c) If any music is included in the Footage, master use, synchronization and performing licenses must be obtained from the copyright proprietors of the applicable master recording(s) and composition(s) and such other persons, firms or associations, societies or corporations as may own or control the performing rights thereto. Licensee shall pay any fees and other payments required in connection with the Releases and furnish Producer with copies of all such Releases upon request. 4. COSTS: Licensee will pay all costs arising in connection with the license granted hereunder including screening, processing, laboratory, transfer and shipping charges attributable to the manufacture of any pre-print material and positive prints or tape of the Footage, the return of materials and the costs involved in replacing any lost or damaged materials delivered to Licensee. 5. INSURANCE: Licensee shall maintain insurance in accordance with Exhibit A, which is attached hereto and made a part of this Agreement. 6. EDITING, DUBBING AND COLORIZING: Licensee shall not edit, dub, colorize or otherwise alter the Footage, except to edit for time. 7. NATURE OF PROGRAM: The Program shall not be derogatory to or critical of the entertainment industry or of Producer, or any officer, director, agent, employee, affiliate, parent or subsidiary of Producer or of any Motion Picture produced or distributed by Producer or any affiliate, parent or subsidiary of Producer, and none of the Footage will be used in a manner which would be derogatory to or critical of the production from which the Footage was taken or to the persons involved with the making of the production from which the Footage was taken. 8. RETURN OF MATERIALS: Upon the completion of production of the Program, Licensee shall promptly return all preprint material and positive prints or tape of the Footage to such location as Producer shall designate. 9. ADVERTISING: Licensee shall not use the Footage or the name of Producer for any purposes in connection with the advertising, publicizing or any other promotion of the Program. 10. COPYRIGHT: Licensee represents, warrants and agrees that the incorporation of the Footage into the Program shall in no way affect Producer's continued and separate copyright ownership in the Footage and that the copyright ownership of Producer will not merge with the Program nor deprive Producer of its copyright ownership. Licensee further represents, warrants and agrees that Licensee shall be the copyright proprietor of the Program, that the Program shall bear a copyright notice thereon and that if the Program is exploited in the United States, it shall be registered in the United States Copyright Office and the Program shall be registered for copyright protection, and all formalities shall be complied with, in all other countries where the Program will be exploited. 11. INDEMNITY: Licensee will indemnify, defend and hold Producer and its officers, directors, agents, employees, representatives, associates, affiliates and subsidiary corporations, and each and all of them harmless from and against any and all loss, costs, damage, liability and expense, including reasonable attorneys' fees, arising out of any claim whatsoever, whether or not groundless, which may arise, directly or indirectly, by reason of Licensee's use of the Footage or any breach of this Agreement by Licensee. Producer will indemnify, defend and hold Licensee and it's officers, directors, agents, employees, representatives, associates, affiliates and subsidiary corporations, and each and all of them harmless from and against any and all costs, damage, liability and expense, including reasonable attorneys' fees, which may arise out of any breach of this Agreement by Producer. 12. GOVERNING LAW: This Agreement and all matters or issues material thereto shall be governed by the laws of the State of Florida applicable to contracts performed entirely therein. 13. REMEDIES: Licensee further acknowledges that a breach by Licensee of any of its representations, warranties or agreements hereunder will cause Producer irreparable damage, which cannot be readily remedied in damages in an action at law and may, in addition thereto, constitute an infringement of Producer's copyright, thereby entitling Producer to equitable remedies, costs and attorneys' fees. BOX\FTS LA LEGAL\ LEGAL CLIPS\clips-23\ 07/31/23 Clearwater of Florida_wtvt_Coachman Park_ss1 3 14. DEFINITIONS: The following terms shall have the meanings as set forth below: (a) "All Media Exhibition": The exhibition of a Motion Picture using any form of Motion Picture copy by Home Video Exhibition, Non-Theatrical Exhibition, Television Exhibition, Internet Exhibition, and Theatrical Exhibition. (b) "Home Video Exhibition": The non-public exhibition of a Motion Picture by means of an audio/visual device for viewing in a private residence. (c) "Motion Picture": Productions of every kind and character whatsoever, including all present and future technological developments, whether produced by means of any photographic, electrical, electronic, mechanical or other processes or devices now known or hereafter devised, and their accompanying devices and processes whereby pictures, images, visual and aural representations are recorded or otherwise preserved for projection, reproduction, exhibition, or transmission by any means or media now known or hereafter devised in such manner as to appear to be in motion or sequence, including computer generated pictures and graphics other than video games. (d) "Non-Theatrical Exhibition": The exhibition of a Motion Picture using any form of Motion Picture copy in any manner now known or hereafter devised by any medium or process now known or hereafter devised, other than Theatrical Exhibition, Television Exhibition, Internet Exhibition, or Home Video Exhibition. (e) "Television Exhibition": The exhibition of a Motion Picture using any form of Motion Picture copy for transmission by any means now known or hereafter devised (including over- the-air, cable, wire, fiber, master antenna, satellite, microwave, closed circuit, multi-point distribution services or direct broadcast systems) for viewing the Motion Picture on the screen of a television receiver or comparable device now known or hereafter devised (including high definition television), other than Home Video, Non-Theatrical, Internet Exhibition, or Theatrical Exhibition, without regard as to how ultimately received by the viewer. (i) "Basic Origination Television Exhibition": Television Exhibition (other than Free Television Exhibition or Pay Television Exhibition) such as basic cable or an over-the-top streaming service, whereby the transmission of programming over one or more channels is available to the viewer on the basis of the payment of an access, carriage or equip- ment fee for the privilege of unimpaired reception of the transmission for viewing, without regard as to how ultimately received by the viewer. (ii) "Free Television Exhibition": Television Exhibition (other than Basic Origination Television Exhibition or Pay Television Exhibition) whereby programming originates from over-the-air, terrestrial television broadcast stations without regard as to how ultimately received by the viewer. (iii) "Pay Television Exhibition": Television Exhibition (other than Basic Origination Television Exhibition or Free Television Exhibition) whereby the transmission of programming is available to the viewer on the basis of a premium subscription charge or fee (as distinguished from an access, carriage or equipment fee) for the privilege of unimpaired reception of the transmission for viewing, whether such transmission is on a pay-per-view, pay-per- show, pay-per-channel (such as HBO) or pay-per-time basis, without regard as to how ultimately received by the viewer. (f) "Theatrical Exhibition": The exhibition of a Motion Picture using any form of Motion Picture copy by any process now known or hereafter devised in walk-in or drive-in theatres open to the general public on a regularly scheduled basis where a fee is charged for admission to view the Motion Picture. (g) “Internet Exhibition”: The exhibition of a Motion Picture or the Footage using any form of wired or wireless streaming delivery system now known or hereafter devised that originates via Licensee’s designated website(s), provided that no charge or fee is made for access to Licensee’s website(s) in general or to the section of such website(s) at which the Footage or the Motion Picture may be accessed by viewers, and provided further that the Footage and the Motion Picture are not available in downloadable form. 15. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties hereto relating to the subject matter hereof and supersedes all prior licenses, whether oral or written, pertaining thereto. No modification, amendment, or waiver of this Agreement or any of the terms or provisions hereof shall be binding upon Producer or Licensee unless confirmed by a written instrument signed by Licensee and by a duly authorized officer of Producer. BOX\FTS LA LEGAL\ LEGAL CLIPS\clips-23\ 07/31/23 Clearwater of Florida_wtvt_Coachman Park_ss1 4 Exhibit A Exhibit A INSURANCE REQUIREMENTS Licensee shall maintain or cause to be maintained during the Term and one (1) year thereafter (except as outlined in the next paragraph), insurance that meets or exceeds the types and limits noted below for claims, damages and demands including legal defense costs and fees which may arise from or in connection with the Agreement. Professional Liability insurance with coverage including, without limitation, claims or occurrences related to or arising from errors, omissions, or negligent acts in the performance or failure to perform professional services. Coverage should include infringement or misappropriation of any intellectual property, copyright, trademarks, trade secrets, know-how and other present and future property and/or proprietary rights of a similar nature; breach of contract and unauthorized use of materials, defamation, plagiarism, piracy, unfair competition, rights of publicity or privacy or false advertising. Limits of liability to be at least $5,000,000 per occurrence/claim and $5,000,000 in the aggregate with a self-insured retention of not more than $10,000. If the policy is written on a “claims-made” basis, the policy shall be in effect for a period of three (3) years after the Term. Policy shall include the below, as relevant to the use of the Footage as permitted in this Agreement: All the above required insurance shall: i. contain an endorsement (blanket acceptable) including Fox Corporation, Fox Television Stations, LLC (“FTS”), its parents, subsidiaries, affiliated companies, officers, directors and employees as Additional Insureds (except for Workers’ Compensation); ii. contain an endorsement (blanket acceptable) with a Waiver of Subrogation in favor of Fox Corporation, FTS, its parents, subsidiaries, affiliated companies, officers, directors and employees; iii. contain an endorsement (blanket acceptable) stating coverage is primary, not contributory, and not in excess of any other valid or collectible insurance carried by Fox Corporation, FTS, its parents, subsidiaries, affiliated companies, officers, directors and employees; iv. not include an exclusion for “Cross Liability” or “Severability of Interests”; v. be placed with companies lawfully authorized to transact business in the same jurisdiction as Licensee’s principal place of business and a current Best’s rating not less than A- VII; vi. include coverage for liability and indemnity obligations assumed under this Agreement as an insured contract. The limits of said insurance required by this agreement or as carried by Licensee shall not limit the liability of Licensee nor relieve Licensee of any obligation hereunder; vii. include that said Additional Insured have access to the limits required by this agreement, or the full limits of the policies, whichever is greater; viii. not be subject to material modifications except after thirty (30) days prior written notice to Fox Corporation or FTS nor be cancelable unless replaced by an insurance policy that meets or exceeds the requirements as specified above; ix. have all self-insured retentions be the direct responsibility of Licensee; Certificates of insurance and endorsements shall be submitted to Fox Corporation (via email Risk.Management@fox.com) and to FTS within 30 days of the execution of this Agreement. New certificates of insurance shall be provided upon policy renewals. Certificate Holder: Fox Corporation, FTS, its parents and subsidiaries Attn: Risk Management P.O. Box 900 Beverly Hills, CA 90213 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1041 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Approve a purchase order to Toter Incorporated of Statesville, NC for residential container purchases in the not to exceed amount of $43,883.45 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Solid Waste Department collects refuse and recycling from our residential customers in 64 and 96-gallon plastic containers. In 2012, the Department switched the type of residential container used to collect solid waste and recycling to this Toter product due to price, warranty and durability of their product. Toter Incorporated is being recommended again because of their durability, uniformity with the containers currently issued, and the ability to be stacked after they are completely assembled due to our limited storage space. These carts are rotationally molded and made from medium density polyethylene which resists cracking and deformation much better than injection molded containers. The Toter contract is available via piggyback through Sourcewell contract and authorized for use by the City Code of Ordinances, as referenced above. The multi-agency aggregate volume on this contract affords the City competitive pricing we would not be able to obtain through a bid of our own. The Sourcewell contract #041521-TOT (State of Minnesota) is valid through May 28, 2025. The contract provides for carts/containers in different sizes and colors, as well as incorporating custom markings. Staff requests authorization of this purchase order/contract. Prior to this agenda item, the City has spent $88,116.47 for purchases to Toter Incorporated during this fiscal year. Council approval of this item is necessary because the combined purchases to Toter will now be $131,999.92. APPROPRIATION CODE AND AMOUNT: Funds are available as part of the FY 2022/23 operating budget of the Solid Waste Fund and Recycling Fund and we would be able to accept delivery during this fiscal year. Funds are available in cost code 4242082-550400 (Solid Waste Fund - Collection - Residential) and 4262041-550400 (Recycling Fund - Residential) to fund this purchase order/contract. USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/31/2023 File Number: ID#23-1041 N/A Page 2 City of Clearwater Printed on 8/31/2023 WQ-10281552 PHONE: 800-424-0422 FAX: 833-930-1124 841 Meacham Rd, Statesville, NC, 28677 WQ-10281552 Please Reference Quote Number on all Purchase Orders Quote Number 8/8/2023Expiration Date 7/24/2023Created Date btaylor@wastequip.comSalesperson Email Brittany TaylorSalesperson 1701 N Hercules Ave Clearwater, FL 33765-1112 USA Ship To City of Clearwater FLShip To Name (727) 562-4923Phone kattrina.miller@myclearwater.comEmail 100 S Myrtle Ave 3rd Fl Clearwater, FL 33756-5520 USA Bill To City of Clearwater FLBill To Name Kattrina MillerContact Name Sell To: Quote Information Product Product Description Description Selected Option Quantity Sales Price Total Price **Plastics - 79296 Model 79296 - Toter 96 Gallon EVR II Universal/Nestable Cart Body Stamp: S6051 ---Body Color - (709) Bluestone ---Lid Color - (390) Yellow ---Body Hot Stamp on Both Sides (Existing) in White ---Wheels - 10in Sunburst ---Toter Serial Number Hot Stamped on Front of Cart Body in White ---Ultra High Frequency RFID Tag ---2/3 Assembled with Lid (down), Stop Bar and Axle Factory Installed ---Warranty – 12 Yrs Cart Body, All other components 10 Yrs 192.00 $63.33 $12,159.36 95 Plastics-Op-LHSP-5 ---Lid Graphic (IML) Position - Insert Area, Read from Street 192.00 $8.70 $1,670.40 **Plastics - 79296 - OMNIA Model 79296 - Toter 96 Gallon EVR II Universal/Nestable Cart-OMNIA ---Body Color - (209) Blackstone ---Lid Color - (200) Black ---Body Hot Stamp on Both Sides (Existing) in (Not provided) ---Lid Hot Stamp Insert - Read from Street (Existing) in (Not provided) ---Wheels - 10in Sunburst ---Toter Serial Number Hot Stamped on Front of Cart Body in White ---Ultra High Frequency RFID Tag ---2/3 Assembled with Lid (down), Stop Bar and Axle Factory Installed ---Warranty – 12 Yrs Cart Body, All other components 10 Yrs 432.00 $61.33 $26,494.56 WQ-10281552 PHONE: 800-424-0422 FAX: 833-930-1124 841 Meacham Rd, Statesville, NC, 28677 Please Reference Quote Number on all Purchase Orders Accepted By: ______________________________________________________ Company Name: ______________________________________________________ Date: ______________________________________________________ Purchase Order: ______________________________________________________ Sourcewell – Pricing and Products/Services offerings are based on the Sourcewell Co-Operative Contract with Toter, LLC (#041521, eff. 5/25/2021), and such Contract terms and conditions are incorporated herein by reference. Pricing and Products/Services changes may occur at any time with proper documentation, and subject to Sourcewell approval; therefore, offerings may change without written prior notice. Wastequip Product Limited Warranties, Disclaimers, Limitation of Liability and Remedies, and Limited Warranty Provisions apply to all purchases thereunder. Special Contract Information Pricing is based on your anticipated Order prior to the expiration of this Quote, including product specifications, quantities and timing, accepted delivery within 45 days of Order acceptance by Toter. Any differences to your Order may result in different pricing, freight or other costs. Due to volatility in petrochemical, steel and related Product material markets, actual prices and freight, are subject to change. We reserve the right, by providing notice to you at any time before beginning Product manufacturing, to increase the price of the Product(s) to reflect any increase in the cost to us which is due to any factor beyond our control (such as, without limitation, any increase in the costs of labor, materials, or other costs of manufacture or supply). Unless otherwise stated, materials and container sizes indicated on sales literature, invoices, price lists, quotations and delivery tickets are nominal sizes and representations – actual volume, Products and materials are subject to manufacturing and commercial variation and Wastequip’s practices, and may vary from nominal sizes and materials. All prices are in US dollars; this Quote may not include all applicable taxes, brokerage fees or duties. If customer is not tax exempt, final tax calculations are subject to change. Additional Information Our Quote is a good faith estimate, based on our understanding of your needs. Subject to our acceptance, your Order is an offer to purchase our Products and services in accordance with the Wastequip Terms & Conditions of Sale (“WQ T&C”) located at: , as of the date set forth in Section 1(b) of the WQ T&C,https://www.wastequip.com/terms-conditions-of-sale which are made a part of this Quote. These WQ T&Cs may be updated from time to time and are available by hard copy upon request. Additional Terms $43,883.45Grand Total $0.00Tax $3,559.13Shipping $40,324.32Subtotal FOB OriginShipping Terms Net 30 Days if credit has been establishedPayment Terms Additional Information Signatures TL 300‐TL 200‐299 100‐199 EVR II Universal/Nestable Carts 79296 96 Gallon EVR II Universal/Nestable Cart 624 $64.29 $65.29 $66.29 $67.29 79264 64 Gallon EVR II Universal/Nestable Cart 864 $55.85 $56.85 $57.85 $58.85 79248 48 Gallon EVR II Universal/Nestable Cart 912 $51.94 $52.94 $53.94 $54.94 79235 35 Gallon EVR II Universal Cart 945 $47.18 $48.18 $49.18 $50.18 79232 32 Gallon EVR II Universal/Nestable Cart 945 $46.02 $47.02 $48.02 $49.02 79224 24 Gallon EVR II Universal Cart 950 $42.08 $43.08 $44.08 $45.08 79221 21 Gallon EVR II Universal Cart 950 $41.88 $42.88 $43.88 $44.88 79216 16 Gallon EVR II Universal Cart 496 $55.76 $56.76 $57.76 $58.76 EVR II Universal/Nestable Organics Carts 79348 48 Gallon EVR II Universal/Nestable Organics Cart 912 $55.04 $56.04 $57.04 $58.04 79332 32 Gallon EVR II Universal/Nestable Organics Cart 945 $49.12 $50.12 $51.12 $52.12 79321 21 Gallon EVR II Universal Organics Cart 950 $45.38 $46.38 $47.38 $48.38 EVR I Universal & Automated Carts 76596 96 Gallon EVR Universal Cart 636 $64.25 $65.25 $66.25 $67.25 76564 64 Gallon EVR Universal Cart 648 $55.75 $56.75 $57.75 $58.75 76535 35 Gallon EVR Universal Cart 1404 $47.18 $48.18 $49.18 $50.18 76532 32 Gallon EVR Universal Cart 1404 $46.17 $47.17 $48.17 $49.17 57596 96 Gallon EVR Automated Cart 636 $63.75 $64.75 $65.75 $66.75 57564 64 Gallon EVR Automated Cart 648 $55.25 $56.25 $57.25 $58.25 52535 35 Gallon EVR Automated Cart 1404 $46.68 $47.68 $48.68 $49.68 52532 32 Gallon EVR Automated Cart 1404 $45.67 $46.67 $47.67 $48.67 Specialty Carts 76896 96 Gallon EVR Yardwaste Cart with Vents Only 636 $68.25 $69.25 $70.25 $71.25 76896 96 Gallon EVR Yardwaste Cart with Vents and Grid 528 $88.57 $89.57 $90.57 $91.57 76864 64 Gallon EVR Yardwaste Cart with Vents Only 648 $59.75 $60.75 $61.75 $62.75 76864 64 Gallon EVR Yardwaste Cart with Vents and Grid 648 $73.18 $74.18 $75.18 $76.18 77596 96 Gallon EVR Co‐Collection Cart 336 $156.26 $157.26 $158.26 $159.26 77564 64 Gallon EVR Co‐Collection Cart 360 $124.41 $125.41 $126.41 $127.41 79A96 96 Gallon EVR II Automated Bear Resistant Cart 135 $241.23 $241.23 $242.73 $244.23 EVR™ CARTS RESIDENTIAL PRICE LIST Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 UNIT PRICINGDESCRIPTIONMODEL TL QTY Toter, LLC's Price List ‐ Effective 9/1/2022 Page 1 of 43 TL 300‐TL 200‐299 100‐199 UNIT PRICINGDESCRIPTIONMODEL TL QTY 79A64 64 Gallon EVR II Automated Bear Resistant Cart 135 $228.15 $228.15 $229.65 $231.15 79B96 96 Gallon EVR II Bear‐Tough Cart 210 $210.19 $210.19 $211.69 $213.19 79B64 64 Gallon EVR II Bear‐Tough Cart 210 $194.44 $194.44 $195.94 $197.44 79B32 32 Gallon EVR II Bear‐Tough Cart 456 $140.57 $140.57 $142.07 $143.57 ADDITIONAL INFORMATION * Payment terms are Net 30 days after shipment pending credit approval. * All prices are in USD. * Above unit prices do not include freight charges. Please contact your Toter Customer Satisfaction Department at (800) 424‐0422 for a freight quote. * Pricing includes the following standard solid colors ‐ (#940) Green, (#705) Blue, (#125) Gray, (#270) Brown, (#200) Black. Also available are upscale Granite colors (for upcharge): (#968) Greenstone Granite, (#929) Toter Green Granite, (#769) Navy Blue Granite, (#709) Bluestone Granite, (#149) Dark Gray Granite, (#129) Graystone Granite, (#279) Browstone Granite, (#249) Sandstone Granite, (#209) Blackstone Granite. * Prices do not include state and local taxes. * Toter's minimum quantity requirement is of 100 carts per model/size, color, markings and features. * Delivery is subject to quantity and availability at the time of order entry. Page 2 of 43 UNIT PRICE Cart Options $2.00 No Charge $1.00 Price On Request Price On Request $300.00 $2,500.00 $0.50 $3.00 $3.70 $0.95 $0.25 $2.00 $0.25 Standard Solid Colors: (#940) Green, (#705) Blue, (#125) Gray, (#270 Brown), (#200) Black. Quiet Cap Wheels: 10" x 1.75" (nominal) ‐ high density polyethylene injection hub with a rubber "Quiet Cap" tread. The quiet cap deadens noise and provides improved slip resistance on smooth services. Minimum RMA load rating of 200 pounds per wheel. Wheels are retained with galvanized steel drive on pal nuts. Quiet Cap Snap‐On Wheels: 10" x 1.75" (nominal) ‐ high density polyethylene hub with a rubber "Quiet Cap" tread. The quiet cap deadens noise and provides improved slip resistance on smooth services. Minimum RMA load rating of 200 pounds per wheel. Wheels are retained by means of a zinc plated steel pin with stainless steel spring which snaps onto a retaining ring on the axle. Cotter Pin and Washer Wheel Attachment: Wheels retained with galvanized washers and galvanized 1/8" cotter pins. Aluminum Drive Rivet for EVR I Stop Bar: 110 Degree Lid Stop: Lid Insert: User name imprinted in raised letters on front of lid. Standard Granite Colors: Upscale Granite Bodies with (#200) Black Lids. Available Colors are (#968) Greenstone Granite, (#929) Toter Green Granite, (#760) Navy Blue Granite, (#709) Bluestone Granite, (#149) Dark Gray Granite, (#129) Graystone Granite, (#279) Browstone Granite, (#249) Sandstone Granite, (#209) Blackstone Granite. Snap‐On Sunburst Wheels: 10" x 1.75" (nominal) with knobby treads and made from high density polyethylene. Minimum RMA load rating of 200 pounds per wheel. Wheels are retained by means of a center aligned axle journal claw which snaps into a groove that is a full weight bearing surface. OPTION DESCRIPTION EVR™ OPTIONS RESIDENTIAL PRICE LIST Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 Non‐Standard Colors: Additional non‐standard colors are available and can be quoted as required. Toter's non‐standard colors are: (145) Midnight Gray, (240) Tan, (390) Yellow, (715) Hawaiian Blue, (718) Waste Blue, (760) Navy Blue, (925) Waste Green, (930) Dark Green. Minimum quantity of 500 units required for non‐ standard colors. Pricing varies depending on color and quantity. Color Change Fee for Specialty and Custom Colors: Fee per order for any Specialty or Custom Colors. Specialty and Custom Colors: Specialty and Custom Colors are available and can be quoted as required. Minimum quantity of 500 required for specialty or custom colors. Pricing varies depending on color and quantity. Bodies Lids Toter, LLC's Price List ‐ Effective 9/1/2022 EVR Green ‐ The industry's first‐ever 100% recycled cart body: Rotational molding of Toter cart bodies optimizes EVR‐Green's superior impact strength and performance, allowing the use of 100% recycled cart bodies. Carts must be Toter's #200 Black body and lid, minimum 50 carts per order (all carts same model, #200 Black, same markings and features). Additional lead time may apply. EVR Green is subject to material availability in the quality Toter requires, especially for orders over 1,500 carts). Page 3 of 43 UNIT PRICEOPTION DESCRIPTION $0.25 $0.25 $300.00 Price On Request $500.00 Price On Request $185.00 $1.00 NO CHARGE $1.00 $1.50 $22.41 $19.99 $1.73 Price on Request $4.00 $12.00 $6.50 $7.50 $4.00 $12.65 $32.80 DuraLatch (Modified Plastic Snap Latch): Attached to the lid to secure lid. For use with Models 79296, 79264, 79248, 79232, 79235, and 79224 (with Gen 2 lids only) in semi‐automated and automated collection. Water Testing for Carts Ultra High Frequency (UHF) RFID Tag: Passive (No Battery), Read Only. Factory installed and embedded in handle of cart body. Model VRI10: 10 Gallon Insert (Model 79224 Only); Black Economy Lock: Only fits Models 79296, 79264, 79248, 79232, and 76532 (with Gen 1 lids only). Lid is secured in the closed position by a high strength steel locking hasp. The hasp is permanently mounted on the cart and lid using steel rivets and washers. The hasp accepts standard, off the shelf padlocks. Gravity Latch: Automatic release latch mechanism that allows cart lid to open when cart is tipped into dump position by the truck lift. Latch may also be triggered to open by the end user. Optional version is a key lock, best used in semi‐automated collection. For use on Models 79296, 79264, 79248, and 79232. Will require additional lead time. Rubber Strap Latch 5": Attached to the lid, this latch hooks into the saddle to secure the lid in extreme winds and animal intrusions. For use with Models 76532 and 76564. Rubber Strap Latch 9": Attached to the lid, this latch hooks into the saddle to secure the lid in extreme winds and animal intrusions. For use with Models 76596, 79296, and 76596. Can Collar: Can collar is 4½” diameter flexible rubber opening, securely mounted to the cart lid with a stainless steel mounting ring and stainless steel rivets. Designed for easy push through of beverage cans with raising lid. Document Slot: 12" x 1" slot for documents cut in lid for easy deposit of paper/documents without opening lid. Ends of slot are radiused. Lids Assembled: Carts shipped lids factory installed. Only available for Models 79221, 79321, 79221, 79224, 79232, 79332, 79235, 79248, 79348, 79264, and 79296. Lid Hot Stamp: User name hot stamped on front or center of lid. Price is per hot stamp. Bar Code/Serial Number Label: Minimum Order ‐ 500 units. Consecutively numbered bar code labels affixed to the cart as an in‐mold graphic, typically near the serial number on the front of the cart body. Pricing varies depending on specific requirements and quantity ordered. Body Hot Stamp: User name hot stamped in white on side of container body. Container can be hot stamped on both sides. Price is per hot stamp. Mold‐In Lid Graphics: 1‐4 Colors. Minimum Order ‐ 500 units. Price per graphic will vary depending on graphic detail, size, number of colors used, and quantity ordered. Contact Toter's Sales Service Department at (800) 424‐0422 for a quote. Bar Code Set Up Fee: One time charge per bar code. Wheels Assembled: Carts shipped with wheels or lids factory installed. Only available for Models 79232, 79332, 79248, 79348, 79264, and 79296. Ready‐to‐Roll (Fully Assembled): Carts shipped completely assembled from factory. Only available for Models 79232, 79332, 79248, 79348, 79264, 79296. Mold‐In Lid Graphic Die Charge: One time charge per graphic. Die Charge: One time die charge on new graphics for Lid Inserts, Lid Hot Stamps, and Body Hot Stamps. Additional Resin Weight in Cart: (Price Per Additional Pound) Model VRI20: 20 Gallon Insert (Models 52532 and 76532 Only); Black Page 4 of 43 UNIT PRICEOPTION DESCRIPTION $0.20 * All prices are in USD. Spare Parts: 1% Spare Parts (Lids, Wheels, Stop Bars, and fasteners) shipped with each order. Page 5 of 43 UNIT PRICE Assembly & Delivery Options POR POR POR POR POR POR POR Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 EVR™ SERVICES RESIDENTIAL PRICE LIST OPTION DESCRIPTION Toter, LLC's Price List ‐ Effective 9/1/2022 Offloading (Unloading) Only: Carts unloaded by Toter. We request the customer's assistance in allowing the use of an onsite warehouse type fork lift to unload trailers. Minimum Quantity ‐ 3,000. (Please Note: Pricing is subject to adjustment or negotiation based on: location of A&D site, potential geographic challenges, and/or unforeseen circumstances beyond Toter or its contractor's control.) Cart Assembly Only: Cart assembly at customer's site. A suitable work area for assembly (large, paved, secure and partially covered area) to be provided by customer. We request the customer's assistance in allowing the use of an onsite warehouse type fork lift. Minimum quantity of 3,000 units. Split carts will require additional fees. (Please Note: Pricing is subject to adjustment or negotiation based on: location of A&D site, potential geographic challenges, and/or unforeseen circumstances beyond Toter or its contractor's control.) Per EVR II Cart Per EVR I Cart Distribution Only: Distribution (Dense): Cart distribution based on dense urban area in which each residence receives a cart. Carts will be distributed on a route‐by‐route basis based on customer provided list. A suitable work area for staging of carts (large, paved, secure and partially covered area) to be provided by customer. We request the customer's assistance in allowing the use of an onsite warehouse type fork lift. (Please Note: Pricing is subject to adjustment or negotiation based on: (Please Note: Pricing is subject to adjustment or negotiation based on: location of A&D site, potential geographic challenges, and/or unforeseen circumstances beyond Toter or its contractor's control.) Additional Services available upon request and will be priced accordingly. A&D Service Fee will apply to projects below 3,000 carts.) Per EVR II Cart Distribution Only: Distribution (Rural). Cart distribution based on dense rural area in which each residence receives a cart. Carts will be distributed on a route‐by‐route basis based on customer provided list. A suitable work area for staging of carts (large, paved, secure and partially covered area) to be provided by customer. We request the customer's assistance in allowing the use of an onsite warehouse type fork lift. (Please Note: Pricing is subject to adjustment or negotiation based on: location of A&D site, potential geographic challenges, and/or unforeseen circumstances beyond Toter or its contractor's control. Additional Services available upon request and will be priced accordingly. A&D Service Fee will apply to projects below 3,000 carts.) Per EVR II Cart Per EVR I Cart Per Cart Per EVR I Cart Page 6 of 43 UNIT PRICEOPTION DESCRIPTION POR POR POR POR POR POR POR POR Per Cart Per Cart Distribution Only: Distribution (Subscription ‐ 75%). Cart distribution based on dense urban area in which 75% of residences will receive a cart. Carts will be distributed on a route‐by‐route basis based on customer provided list. A suitable work area for staging of carts (large, paved, secure and partially covered area) to be provided by customer. We request the customer's assistance in allowing the use of an onsite warehouse type fork lift. (Please Note: Pricing is subject to adjustment or negotiation based on: (Please Note: Pricing is subject to adjustment or negotiation based on: location of A&D site, potential geographic challenges, and/or unforeseen circumstances beyond Toter or its contractor's control.) Additional Services available upon request and will be priced accordingly. A&D Service Fee will apply to projects below 3,000 carts.) Per EVR II Cart Distribution Only: Distribution (Subscription ‐ 25%). Cart distribution based on dense urban area in which 25% of residences will receive a cart. Carts will be distributed on a route‐by‐route basis based on customer provided list. A suitable work area for staging of carts (large, paved, secure and partially covered area) to be provided by customer. We request the customer's assistance in allowing the use of an onsite warehouse type fork lift. (Please Note: Pricing is subject to adjustment or negotiation based on: (Please Note: Pricing is subject to adjustment or negotiation based on: location of A&D site, potential geographic challenges, and/or unforeseen circumstances beyond Toter or its contractor's control.) Additional Services available upon request and will be priced accordingly. A&D Service Fee will apply to projects below 3,000 carts.) Per EVR II Cart Per EVR I Cart Per EVR I Cart Distribution Only: Distribution (Subscription ‐ 50%). Cart distribution based on dense urban area in which 50% of residences will receive a cart. Carts will be distributed on a route‐by‐route basis based on customer provided list. A suitable work area for staging of carts (large, paved, secure and partially covered area) to be provided by customer. We request the customer's assistance in allowing the use of an onsite warehouse type fork lift. (Please Note: Pricing is subject to adjustment or negotiation based on: (Please Note: Pricing is subject to adjustment or negotiation based on: location of A&D site, potential geographic challenges, and/or unforeseen circumstances beyond Toter or its contractor's control.) Additional Services available upon request and will be priced accordingly. A&D Service Fee will apply to projects below 3,000 carts.) Per EVR II Cart Per EVR I Cart Recording Serial Numbers: Serial numbers will be electronically recorded using a tablet during distribution to address database provided by the customer. Address database must be in an electronic format (Excel or CSV) and provided at least 10 business days prior to cart distribution. Toter will provide an Excel file of serial numbers coordinated with distribution addresses within 2‐3 weeks after distribution services have ended. All reporting is determined by the accuracy of the Customer's electronic address database. (Please Note: Pricing is subject to adjustment or negotiation based on: location of A&D site, potential geographic challenges, and/or unforeseen circumstances beyond Toter or its contractor's control.) Scan RFID Tags: Data collection and asset management system utilizing RFID technology and provides everything from scanning the RFID cart tag to the reporting software of the data. All reporting contains each cart's serial number and RFID tag associated with the customers address. Customer must provide an address database in an electronic format (Excel of CSV) at least 10 business days prior to cart distribution. All reporting is determined by the accuracy of the Customer's electronic address database. (Please Note: Pricing is subject to adjustment or negotiation based on: location of A&D site, potential geographic challenges, and/or unforeseen circumstances beyond Toter or its contractor's control.) Page 7 of 43 UNIT PRICEOPTION DESCRIPTION POR POR POR POR POR POR POR POR * All prices are in USD. Per Project Per Cart Per Cart Per Cart Commercial Bin Exchange: Commercial bin exchanges (FEL's and REL's) based on customer data and route size. Pricing based on quantities and size considerations and dependent on customer's scope of work. Pricing is per container exchange (New container delivered, Old container removed). (Please Note: Pricing is subject to adjustment or negotiation based on: location of A&D site, potential geographic challenges, and/or unforeseen circumstances beyond Toter or its contractor's control.) Per Bin Exchange Apply Adhesive Label on Lid: Customer provided adhesive label will be applied to cart lid during route‐by‐ route distribution. (Please Note: Pricing is subject to adjustment or negotiation based on: location of A&D site, potential geographic challenges, and/or unforeseen circumstances beyond Toter or its contractor's control.) Route Audits: Route auditing services including: auditing service levels, auditing income, route ID verification. Pricing based on a per route rate and subject to change based on scope. (Please Note: Pricing is subject to adjustment or negotiation based on: location of A&D site, potential geographic challenges, and/or unforeseen circumstances beyond Toter or its contractor's control.) Waste characterization, lid flips, contamination material ID, etc. available and priced per project. Per Project Commercial Bin Delivery: Commercial bin deliveries (FEL's and REL's) based on customer data and route size. Pricing based on quantities and size considerations and dependent on customer's scope of work. Pricing is per container delivered. (Please Note: Pricing is subject to adjustment or negotiation based on: location of A&D site, potential geographic challenges, and/or unforeseen circumstances beyond Toter or its contractor's control.) Per Container Relabel Existing Carts in Field: Customer provided adhesive label will be applied to cart lid to existing carts in the field. Minimum of 3,000 carts. (Please Note: Pricing is subject to adjustment or negotiation based on: location of A&D site, potential geographic challenges, and/or unforeseen circumstances beyond Toter or its contractor's control.) Per Cart A&D Service Fee: For projects below 3,000 (Please Note: Pricing is subject to adjustment or negotiation based on: location of A&D site, potential geographic challenges, and/or unforeseen circumstances beyond Toter or its contractor's control.) Old Cart Retrieval: Old carts will be picked up on set out day and delivered to customer provided drop off area. Pricing only includes one pass per home/route and does not include tear down or disassembly of carts. Customer will be billed the actual number of carts retrieved or a minimum of 85% of total carts, whichever is greater. (Please Note: Pricing is subject to adjustment or negotiation based on: location of A&D site, potential geographic challenges, and/or unforeseen circumstances beyond Toter or its contractor's control.) Old Cart Retrieval and Disassembly: Old carts will be picked up on set out day, delivered to customer provided drop off area, disassembled, and loaded on trailers (provided by the customer). Pricing only includes one pass per home/route. Customer will be billed the actual number of carts retrieved or a minimum of 85% of total carts, whichever is greater. (Please Note: Pricing is subject to adjustment or negotiation based on: location of A&D site, potential geographic challenges, and/or unforeseen circumstances beyond Toter or its contractor's control.) Page 8 of 43 UNIT PRICE OFFERED PRICE Price on Request Price on Request Price on Request Price on Request Price on Request Price on Request Price on Request Price on Request * Prices do not include state and local taxes. * Payment terms are Net 30 days after shipment pending credit approval. * Delivery/Services are subject to quantity and availability at the time of order entry. Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 Toter, LLC's Price List ‐ Effective 9/1/2022 MARKETING MATERIALS AND SUPPORT RESIDENTIAL PRICE LIST OPTION DESCRIPTION Additional Print Items (handouts, magnets, etc.) Fulfillment ‐ assembling items in bags or envelopes to prepare for distribution Additional/options for materials and services, available upon request. ADDITIONAL INFORMATION Marketing Materials and Support to include, but not limited to, the following: Cart Selection Mailers Postage (Sending/Receiving) Call Center Services Landing/Web Page Creation Design and Project Management Services Page 9 of 43 MODEL DESCRIPTION QUANTITY UNIT PRICE 396 ‐ 999 $5.58 1,000 ‐ 4,999 $5.47 5,000 ‐ 9,999 $5.24 10,000+ $5.13 78 ‐ 999 $32.41 1,000 ‐ 4,999 $30.49 5,000 ‐ 9,999 $28.80 10,000+Price On Request UNIT PRICE No Charge Price On Request No Charge 0.15 $ 165.00 UNIT PRICE No Charge $ 0.30 $ 0.30 $ 215.00 DESCRIPTION DESCRIPTION Standard Solid Colors: Beige with White or Green lid. Custom Colors: Minimum Order of 1,188 Bins (3 pallets) for custom colors. Solid or Vented Lid: Customer choice. No additional charge. Lid or Body Hot Stamp: Custom hot stamp applied to body or lid. Price is per hot stamp. Die Charge: One time die charge on new graphics for each hot stamp. * Payment terms are Net 30 days after shipment pending credit approval. Standard Solid Colors: Green Body. Latch colors: Yellow, Black, Orange or Red. Custom Colors: Minimum Order of 1,000 Bins for custom colors. Lid or Body Hot Stamp: Custom hot stamp applied to body or lid. Price is per hot stamp. Die Charge: One time die charge on new graphics for each hot stamp. * All prices are in USD. * Delivery is subject to quantity and availability at the time of order entry. Organics Specialty 2 Gallon Kitchen Bins Options Organics Specialty 13 Gallon Curbside Foodwaste Bins Options 2613 2602 2 Gallon Kitchen Bin 13 Gallon Curbside Food Waste Bin (Animal Latch Included) Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 Toter, LLC's Price List ‐ Effective 9/1/2022 SPECIALTY ORGANICS BINS RESIDENTIAL PRICE LIST ADDITIONAL INFORMATION * Above unit prices do not include freight charges. * Prices do not include state and local taxes. Page 10 of 43 MODEL DESCRIPTION QUANTITY UNIT PRICE 0 ‐ 499 $12.22 500 ‐ 999 $10.72 1000 ‐ 4,999 $10.22 5,000 ‐ 9,999 $10.02 10,000+ $9.77 0 ‐ 499 $14.95 500 ‐ 999 $13.45 1000 ‐ 4,999 $12.95 5,000 ‐ 9,999 $12.35 10,000+ $12.15 MODEL DESCRIPTION QUANTITY UNIT PRICE 2616‐LH 16 Gallon Recycling Lid with Round Opening 0 ‐ 499 $6.17 2616‐LS 16 Gallon Recycling Lid with Slotted Opening 0 ‐ 499 $6.17 2616‐FL 16 Gallon Recycling Flat Storage Lid 0 ‐ 499 $6.15 2622‐SL 22 Gallon Recycling Solid Lid 0 ‐ 499 $6.18 2622‐VL 22 Gallon Recycling Vented Lid 0 ‐ 499 $6.13 2622‐LH 22 Gallon Recycling Lid with Round Opening 0 ‐ 499 $6.17 2622‐LS 22 Gallon Recycling Lid with Slotted Opening 0 ‐ 499 $6.17 2622‐FL 22 Gallon Recycling Flat Storage Lid 0 ‐ 499 $6.15 Lid Models Above Lids Above 500+ Price On Request UNIT PRICE No Charge Price On Request Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 Toter, LLC's Price List ‐ Effective 9/1/2022 SPECIALTY BINS RESIDENTIAL PRICE LIST Specialty Bins Specialty Bins Lids 2622 22 Gallon Recycling Bin Specialty Bins Options DESCRIPTION Standard Solid Colors: Blue or Gray Custom Colors 2616 16 Gallon Recycling Bin Page 11 of 43 UNIT PRICEDESCRIPTION $0.25 $ 165.00 * Delivery is subject to quantity and availability at the time of order entry. ADDITIONAL INFORMATION * Above unit prices do not include freight charges. Hot Stamp for 16 or 22 Gallon Lid or Body: Custom hot stamp applied to body or lid. Hot stamping is only available on orders over 500 pieces. Fee to right applies for orders under 5,000 pieces. Price is per hot stamp. Die Charge: One time die charge on new graphics for each hot stamp. * All prices are in USD. * Specialty Items: Customer specific products, options and services will be priced upon request. * Prices do not include state and local taxes. * Payment terms are Net 30 days after shipment pending credit approval. Page 12 of 43 PART NUMBER DESCRIPTION QTY PER CART UNIT PRICES 99796 96 Gallon Lid 1 $21.59 5197‐00‐0000 Strap Claw Hinge for Lid 2 $0.24 5610‐00‐M522 Torx Fastener for Lid 4 $0.05 6250‐10‐0200 10" Sunburst Wheel 2 $5.00 5647‐00‐ZINC 22" x 5/8" Axle 1 $6.00 5215‐00‐PLTD Pal Nut Wheel Retainer 2 $0.20 99764 64 Gallon Lid 1 $20.06 5197‐00‐0000 Strap Claw Hinge for Lid 2 $0.24 5610‐00‐M522 Torx Fastener for Lid 4 $0.05 6250‐10‐0200 10" Sunburst Wheel 2 $5.00 5679‐00‐ZINC 18.25" x 5/8" Axle 1 $6.00 5215‐00‐PLTD Pal Nut Wheel Retainer 2 $0.20 99748 48 Gallon Lid 1 $19.76 5197‐00‐0000 Strap Claw Hinge for Lid 2 $0.24 5610‐00‐M522 Torx Fastener for Lid 4 $0.05 6250‐10‐0200 10" Sunburst Wheel 2 $5.00 5643‐00‐ZINC 17.5" x 5/8" Axle 1 $5.00 5215‐00‐PLTD Pal Nut Wheel Retainer 2 $0.20 99735 35 Gallon Lid 1 $19.54 5197‐00‐0000 Strap Claw Hinge for Lid 2 $0.24 5610‐00‐M522 Torx Fastener for Lid 4 $0.05 6250‐10‐0200 10" Sunburst Wheel 2 $5.00 5641‐00‐ZINC 19‐3/4" x 5/8" Axle 1 $5.00 5215‐00‐PLTD Pal Nut Wheel Retainer 2 $0.20 99732 32 Gallon Lid 1 $19.54 5197‐00‐0000 Strap Claw Hinge for Lid 2 $0.24 5610‐00‐M522 Torx Fastener for Lid 4 $0.05 MODEL 79248 MODEL 79264 MODEL 79296 Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 MODEL 79235 MODEL 79232 EVR™ PARTS RESIDENTIAL PRICE LIST Toter, LLC's Price List ‐ Effective 9/1/2022 Page 13 of 43 PART NUMBER DESCRIPTION QTY PER CART UNIT PRICES 6250‐08‐0200 8" Sunburst Wheel 2 $5.00 5632‐00‐ZINC 16" X 5/8" Axle 1 $5.00 5215‐00‐PLTD Pal Nut Wheel Retainer 2 $0.20 99724 24 Gallon Lid 1 $19.54 99721 21 Gallon Lid 1 $19.54 5197‐00‐0000 Strap Claw Hinge for Lid 2 $0.24 5610‐00‐M522 Torx Fastener for Lid 4 $0.05 6250‐10‐0200 10" Sunburst Wheel 2 $5.00 5643‐00‐ZINC 17‐1/2" x 5/8" Axle 1 $5.00 5215‐00‐PLTD Pal Nut Wheel Retainer 2 $0.20 99716 16 Gallon Lid 1 $19.54 5197‐00‐0000 Strap Claw Hinge for Lid 2 $0.24 5610‐00‐M522 Torx Fastener for Lid 4 $0.05 6250‐10‐0200 10" Sunburst Wheel 2 $5.00 5641‐00‐ZINC 19‐3/4" x 5/8" Axle 1 $5.00 5215‐00‐PLTD Pal Nut Wheel Retainer 2 $0.20 Contact Toter for Pricing * All prices are in USD. Above are standard parts for Toter carts. Additional non‐standard parts are available upon request. MODEL 79216 MODELS 79224 and 79221 Page 14 of 43 PART NUMBER DESCRIPTION QTY PER CART UNIT PRICES 99796 96 Gallon Lid 1 $21.59 5197‐00‐0000 Strap Claw Hinge for Lid 2 0.24 5610‐00‐M522 Torx Fastener for Lid 4 0.05 6250‐10‐0200 10" Sunburst Wheel 2 $5.00 5647‐00‐ZINC 22" x 5/8" Axle 1 $5.00 5215‐00‐PLTD Pal Nut Wheel Retainer 2 $0.20 5383‐00‐0000 Wheel Spacer 2 $0.20 5944‐20‐GALV Stop Bar Kit ‐ 13.5" 1 $3.00 5352‐00‐0000 Plastic Drive Rivet for Stop Bar 2 $0.20 96764 64 Gallon Lid 1 $20.09 5197‐00‐0000 Strap Claw Hinge for Lid 2 $0.24 5610‐00‐M522 Torx Fastener for Lid 4 $0.05 6250‐10‐0200 10" Sunburst Wheel 2 $5.00 5647‐00‐ZINC 22" x 5/8" Axle 1 $5.00 5215‐00‐PLTD Pal Nut Wheel Retainer 2 $0.20 5383‐00‐0000 Wheel Spacer 2 $0.20 5944‐20‐GALV Stop Bar Kit ‐ 13.5" 1 $3.00 5352‐00‐0000 Plastic Drive Rivet for Stop Bar 2 $0.20 99735 35 Gallon Lid 1 $19.54 5197‐00‐0000 Strap Claw Hinge for Lid 2 $0.24 5610‐00‐M522 Torx Fastener for Lid 4 $0.05 6250‐10‐0200 10" Sunburst Wheel 2 $5.00 5641‐00‐ZINC 19‐3/4" x 5/8" Axle 1 $5.00 5215‐00‐PLTD Pal Nut Wheel Retainer 2 $0.20 5383‐00‐0000 Wheel Spacer 2 $0.20 5944‐20‐GALV Stop Bar ‐ 13.5" 1 $3.00 5352‐00‐0000 Plastic Drive Rivet for Stop Bar 2 $0.20 MODEL 76564 MODEL 76535 Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 Toter, LLC's Price List ‐ Effective 9/1/2022 EVR™ UNIVERSAL PARTS RESIDENTIAL PRICE LIST MODEL 76596 Page 15 of 43 PART NUMBER DESCRIPTION QTY PER CART UNIT PRICES 99732 32 Gallon Lid 1 $19.54 5197‐00‐0000 Strap Claw Hinge for Lid 2 $0.24 5610‐00‐M522 Torx Fastener for Lid 4 $0.05 6250‐10‐0200 10" Sunburst Wheel 2 $4.50 5641‐00‐ZINC 19‐3/4" x 5/8" Axle 1 $4.65 5215‐00‐PLTD Pal Nut Wheel Retainer 2 $0.20 5383‐00‐0000 Wheel Spacer 2 $0.20 5944‐20‐GALV Stop Bar ‐ 13.5" 1 $3.00 5352‐00‐0000 Plastic Drive Rivet for Stop Bar 2 $0.20 Contact Toter for Pricing * All prices are in USD. Above are standard parts for Toter carts. Additional non‐standard parts are available upon request. MODEL 76532 Page 16 of 43 PART NUMBER DESCRIPTION QTY PER CART UNIT PRICES 99796 96 Gallon Lid 1 $21.59 5197‐00‐0000 Strap Claw Hinge for Lid 2 $0.24 5610‐00‐M522 Torx Fastener for Lid 4 $0.05 6250‐10‐0200 10" Sunburst Wheel 2 $5.00 5647‐00‐ZINC 22" x 5/8" Axle 1 $5.00 5215‐00‐PLTD Pal Nut Wheel Retainer 2 $0.20 5390‐00‐0000 Wheel Spacer 2 $0.20 96764 64 Gallon Lid 1 $20.09 5197‐00‐0000 Strap Claw Hinge for Lid 2 $0.24 5610‐00‐M522 Torx Fastener for Lid 4 $0.05 6250‐10‐0200 10" Sunburst Wheel 2 $5.00 5647‐00‐ZINC 22" x 5/8" Axle 1 $5.00 5215‐00‐PLTD Pal Nut Wheel Retainer 2 $0.20 5383‐00‐0000 Wheel Spacer 2 $0.20 99735 35 Gallon Lid 1 $19.54 5197‐00‐0000 Strap Claw Hinge for Lid 2 $0.24 5610‐00‐M522 Torx Fastener for Lid 4 $0.05 6250‐10‐0200 10" Sunburst Wheel 2 $5.00 5641‐00‐ZINC 19‐3/4" x 5/8" Axle 1 $5.00 5215‐00‐PLTD Pal Nut Wheel Retainer 2 $0.20 5383‐00‐0000 Wheel Spacer 2 $0.20 99732 32 Gallon Lid 1 $19.54 5197‐00‐0000 Strap Claw Hinge for Lid 2 $0.24 5610‐00‐M522 Torx Fastener for Lid 4 $0.05 6250‐10‐0200 10" Sunburst Wheel 2 $5.00 5641‐00‐ZINC 19‐3/4" x 5/8" Axle 1 $5.00 5215‐00‐PLTD Pal Nut Wheel Retainer 2 $0.20 5383‐00‐0000 Wheel Spacer 2 $0.20 Contact Toter for Pricing * All prices are in USD. Above are standard parts for Toter carts. Additional non‐standard parts are available upon request. MODEL 57564 MODEL 52535 MODEL 52532 Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 Toter, LLC's Price List ‐ Effective 9/1/2022 EVR™ AUTOMATED PARTS RESIDENTIAL PRICE LIST MODEL 57596 Page 17 of 43 1 to 10 11 to 20 21 to TL 1 Yard FR010 750 lbs. 193 lbs. 80 $597.84 $572.84 $547.84 $522.84 2 Yard FR020 1000 lbs. 236 lbs. 80 $674.40 $649.40 $624.40 $599.40 3 Yard FR030 1500 lbs. 286 lbs. 64 $820.22 $795.22 $770.22 $745.22 4 Yard (no casters) FR040 2000 lbs. 281 lbs. 30 $888.96 $863.96 $838.96 $813.96 UNIT PRICE $27.50 $20.00 ‐$30.30 ‐$50.50 $6.00 $90.00 $110.00 $30.00 $110.00 $105.00 $70.00 $80.00 $65.00 $67.00 $70.00 $75.00 $4.40 $4.10 OPTIONS Factory Assembly Drain Plug No Casters or Caster Pads for 2 & 3 Yard RFID Tag for FELs (Part Number 5009‐32‐ASM1) installed by customer. Caster Pads Only, No Casters for 4 Yard 3 Yard Lid Assembly (pricing includes both lids, hinge rod and washers) 4 Yard Lid Assembly (pricing includes both lids, hinge rod and washers) RFID Tag for FELs (Part Number 5009‐32‐ASM1) installed onto front of container body at factory. 2 Yard Lid Assembly (pricing includes both lids, hinge rod and washers) 4 Swivel Casters for 2 Yard & 3 Yard (replaces standard 2 Rigid & 2 Swivel Casters) Casters for 4 Yard ‐ 2 Rigid and 2 Swivel Toter, LLC's Price List ‐ Effective 9/1/2022 Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 Caster Pads Only (but no casters) for 2 & 3 Yard Automatic Lid Lock for Field Installation by Customer Automatic Lid Lock ‐ Factory Installed Manual Lid Lock for Field Installation by Customer Manual Lid Lock ‐ Factory Installed Truckload Quantity Part NumberSize Assembled Weight Truckload Quantity Casters for 4 Yard ‐ 4 Swivel Casters Small Quantity PricingLoad Rating FRONT LOAD CONTAINER (FEL) RESIDENTIAL PRICE LIST Standard Colors ‐ 718 Blue, 960 Forest Green, 925 Waste, 940 Green, 705 Blue, 125 Gray, 145 Midnight Gray, 270 Brown for Bodies. All Lids and Fork Pockets are Black. Casters come standard on 2 and 3 yard models and optional on 4 yard model. 1 Yard Lid Assembly (pricing includes both lids, hinge rod and washers) Page 18 of 43 Contact Toter for Pricing Above are standard parts for Toter carts. Additional non‐standard parts are available upon request. * Payment terms are Net 30 days after shipment pending credit approval. ADDITIONAL INFORMATION * Delivery is subject to quantity and availability at the time of order entry. Please call for current leadtime. * Above unit prices do not include freight charges. Please contact Toter's Customer Satisfaction Department at (800) 424‐ 0422 for a freight quote. * Prices do not include state and local taxes. * All prices are in USD. * Lid and Fork Pocket Colors are only available in (200) Black. * Casters come standard on 1 Yard, 2 Yard and 3 Yard models and optional on 4 Yard model. * Specialty Items: Customer specific products, options and services to be prices upon request. * Truckload pricing is based on Unassembled Truckload Quantity. * Standard Body Colors ‐ (960) Forest Green, (940) Green, (705) Blue, (125) Gray, (145) Midnight Gray, (270) Brown, (200) Black. * 3 and 2 Yard Organics standard model includes solid lid with trap door, manual lock, plastic fork pockets, and steel runners. Page 19 of 43 1. 2. 3. 4. 5. 6. Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10 50,000 to 69,999 carts POR POR POR POR POR POR POR POR POR POR 70,000 to 84,999 carts POR POR POR POR POR POR POR POR POR POR 85,000 to 99,999 carts POR POR POR POR POR POR POR POR POR POR 100,000 to 124,999 carts POR POR POR POR POR POR POR POR POR POR 125,000 to 149,999 carts POR POR POR POR POR POR POR POR POR POR 150,000 to 174,999 carts POR POR POR POR POR POR POR POR POR POR 175,000 to 200,000 carts POR POR POR POR POR POR POR POR POR POR * All prices are in USD. Service price, per cart, per month in service at a City residence. Service is not available for fewer than 50,000 carts.Quantity Range This service is intended to ensure that all City‐owned Toter Carts remain in complete working order and that the City can accurately budget its annual cart program cost. The City and Toter will coordinate the submittal of periodic reports as required by the City to monitor the performance of the service program. The City will, at no cost to Toter, make space available on its yard and one small office space for Toter to operate this service from. The contract shall extend for a period of from 1 to 10 years, at the City’s discretion, with the City paying the contractor, in arrears on the first day of each month, a fee for each cart in service. Maintenance service on an additional cart delivered after the first day of a new month will be billed to the City, beginning on the first day of the month following the delivery to a resident. The contract shall be renewable in one year increments by mutual agreement of the City and Toter. Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 Toter, LLC's Price List ‐ Effective 9/1/2022 FULL SERVICE CART MAINTENANCE RESIDENTIAL PRICE LIST Toter must provide field repair or replacement of all City‐owned Toter Carts requiring maintenance service and deliver new carts to new residences within five (5) business days of receiving an electronic written work order from the City. Toter is responsible for all repair or replacement cost, regardless of the cause of the maintenance problem (except fire, loss, theft or vandalism), including the cost of parts and City approved replacement carts. Should the City choose to allow a resident to request “swap” of the cart size at his residence, Toter will retrieve the old cart and deliver a new or approved used cart provided by the City. The cost for each cart swap will be billed to the City at the end of each month. Toter will base its maintenance decisions on the following: 1) specifically excluded items under Toter's Limited Warranty; 2) expired warranty; or 3) fire/ vandalism/ lost/ stolen. Maintenance will be provided to the City using City provided parts/carts. Toter's decisions as they relate to maintenance regarding these items shall be final. Page 20 of 43 1. 2. 3. 4. 5. 6. 7. 8. Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 Toter, LLC's Price List ‐ Effective 9/1/2022 CART MAINTENANCE SERVICE FOR A FLEET OF MIXED CART BRANDS AND/OR EXISTING TOTER CARTS RESIDENTIAL PRICE LIST This service is intended to provide high productivity cart maintenance and cart delivery/retrieval service at a predictable cost while insuring uninterrupted collection service to all city or county residents. Toter will provide Cart Maintenance Service (as defined below) up to the specified maximum number of work orders per calendar month for the fee indicated. Unused work orders do not carry forward at the end of the month. Work orders are defined as city or county (hereafter “the City”) requests for cart repair, replacement, washing, and/or delivery of carts and retrieval of carts no longer needed for service (“Cart Maintenance Service”). Cart washing service at homes and/or on the street is not included in Cart Maintenance Services. Toter will bill the City the stated fee for each work order in excess of the maximum number of orders in a calendar month. Should the buyer consistently experience a level of work orders well above the purchased level of service the buyer and Toter may mutually agree on permanently changing to a higher level of service from those offered below. Toter will inform the buyer of the time period necessary to implement the higher service level. Toter will use its best efforts to complete all work orders within three (3) to four (4) business days after receipt of the City’s work order. In cases where the resident does not leave the cart accessible for service, Toter will log that exception and will attempt a second service call within two (2) business days. Toter will use City provided hardware and software if it is an integral part of delivering service to the residents. The City will provide both at no cost to Toter and will train Toter staff on its usage. Should the City’s system fail to function or not function properly Toter will document work order completion in another format for reporting to the City until the system is operating satisfactorily. The City will provide, at no cost to Toter, a fenced in or otherwise secured work site with access to a bathroom for Toter’s Cart Maintenance Service operation. The site will include a station for the washing of returned carts that complies with federal, state and local environmental protection and wastewater laws and regulations as well as to a continuous supply of water for such washing. The site shall be of sufficient size for the parking of trucks and trailers as well as parts inventory. A small office with electricity, heat and air conditioning and potable water shall also be made available to Toter at no charge. Toter will supply, at no charge to the City, replacement parts for Toter carts that are within the stated Toter warranty period and fail under the Toter warranty’s stated coverage. All other parts for Toter and other cart brands will be supplied by the City to Toter at no cost to Toter. The City will maintain the necessary parts inventory to insure work orders can be carried out within the specified time period. Should City parts inventory not be available to repair damaged carts Toter will remove damaged cart from the residence and replace it with a new Toter cart from the City’s inventory of new, purchased carts. The damaged cart will be stripped of usable parts which will be delivered to the City’s inventory for use on future work orders. Toter will also redeploy cleaned, used carts if so directed by the City. Page 21 of 43 9. 10. 11. 12. 13. 14. POR per swap POR per cart POR per month * All prices are in USD. POR POR POR 1400 Work Orders 2100 Work Orders 2800 Work Orders POR POR POR POR OPTIONS: Price per “swap” (exchange of one cart size for another) Cart Washing and Washing of Parts that have been returned to the City‐provide maintenance site. City provides wash point including U.S. E.P.A. compliant wastewater drainage. Rental of Maintenance Facility ‐ City‐provided maintenance facility consisting of a paved, secure lot, with a minimum of 7,500 square feet. Must be accessible to 53 foot tractor trailer. Must have access to a single office at the site (Toter to provide necessary IT equipment; City to 3500 Work Orders POR Either party may terminate the contract with six (6) months advance written notice. The City will provide Toter with a written list of the types of damage, by brand of cart, that are not to be repaired. Instead, a new Toter cart from the City’s purchased cart inventory will be delivered and the damaged cart removed. Used carts that are still serviceable will, at the City’s direction, be retrieved, washed and returned to the City’s cart inventory for future redeployment. Carts damaged by graffiti will not be redeployed. Unrepairable/unusable carts will be prepared for recycling of the plastic components. Toter will arrange for the recycling of the unusable plastic and any revenue form that recycling will be shared equally by the City and Toter. Toter and the City will cooperate in locating a local recycler to accept steel components. The City will arrange for and provide, at no cost to Toter, a disposal container and the collection/disposal service for wheels and other waste materials that cannot be recycled. The City will grant permission to Toter for its employees and authorized agents to service City owned carts left at the curb regardless of whether the cart is in a public right of way or on private property near the curb. Toter employees and its authorized agents will not enter garages, car ports, back yards, fenced or other non‐ public areas to retrieve carts for service without authorization. Toter will submit periodic reports as required by the City to monitor the performance of the program. The contract will extend for a mutually agreed upon period of from one (1) to ten (10) years and may be extended annually by mutual agreement, with the City paying Toter in arrears on the 10th day of the month following the delivery of service. Number of Work Orders Per Month 700 Work Orders Monthly Premium POR Incremental Fee For Each Work Order Over the Maximum Service price for the stated MAXIMUM number of work orders per month. This service is not avaliable for fewer than a maximum of 700 monthly work orders. POR Page 22 of 43 FEE DESCRIPTION PRICE PER MONTH Base System Fee System Set‐Up, Hosting, Data‐Security, Basic User Support $425.35 PRICING LEVEL QUANTITY OF CONTAINERS PRICE PER CONTAINER PER MONTH Level 11 to 25,000 $0.051 Level 2 25,001 to 100,000 $0.041 Level 3 100,001+ $0.036 Hardware ‐ RFID Scanner Price per Device $1,070.000 Price On Request Price On Request Price On Request ADDITIONAL INFORMATION * All prices are in USD. * Prices do not include state and local taxes. * Delivery is subject to quantity and availability at the time of order entry. * Payment terms are Net 30 days after shipment pending credit approval. Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 Toter, LLC's Price List ‐ Effective 9/1/2022 Sim Card Other Options as Needed TECHNOLOGY SOLUTIONS RESIDENTIAL PRICE LIST Description Utilization of Asset Management Software Base System Monthly Data Plan Ruggedized RFID Device (Android Device, Mobile App, UHF Reader, Barcode Reader, Camera, 4G/LTE, WiFi)‐ Includes Lanyard, Holster, Docking Station. Does not include monthly Data Plan, Sim Card. Page 23 of 43 MODEL DESCRIPTION UNIT PRICES 3063‐TL‐4H14 3063‐TL‐4H16 TrimLift ‐ Residential Lifter for Semi‐Automated Rear or Side Lift Applications, Slim Profile, Hydraulic Rotary Actuator POR 3065‐HL‐9H18 HighLift ‐ Residential Lifter for Semi‐Automated Rear or Side Lift Applications, Hydraulic Rotary Actuator POR 3069‐00‐2000 EconoLift ‐ Residential Lifter for Semi‐Automated Rear Lift Applications, Hydraulic Cylinder Actuated POR UNIT PRICES 5471‐00‐0301 Rear Load ‐ Single Installation Kit (E‐Z‐PACK) POR 5471‐00‐0712 Rear Load ‐ Single Installation Kit (PAKMO) POR 5471‐00‐0302 Rear Load ‐ Double Installation Kit (E‐Z‐PACK) POR 5471‐00‐0714 Rear Load ‐ Double Installation Kit (PAKMO) POR 5471‐00‐0715 Side Load ‐ Single Installation Kit (Single Side Load) POR 5471‐00‐0716 Side Load ‐ Double Installation Kit (Double Side Load) POR Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 INSTALLATION KITS Toter, LLC's Price List ‐ Effective 9/1/2022 (800) 424‐0422 for a freight quote. ADDITIONAL INFORMATION * Above unit prices do not include freight charges. Please contact Toter's Customer Satisfaction Department at LIFTERS PRICE LIST RESIDENTIAL PRICE LIST DESCRIPTION * All prices are in USD. * Payment terms are Net 30 days after shipment pending credit approval. * Delivery is subject to quantity and availability at the time of order entry. Please call for current leadtime. * Prices do not include state and local taxes. * Installation by Toter is available for an additional charge. Please contact Toter's Customer Satisfaction Department at (800) 424‐0422 for a quotation based on specific requirements. Page 24 of 43 SOURCEWELL 30% OFF LIST 79B32 32 Gallon Bear Tight Cart $328.31 $229.82 79B64 64 Gallon Bear Tight Cart $411.09 $287.76 79B96 96 Gallon Bear Tight Cart $472.66 $330.87 CDA32 Secure Document Two‐Wheel Carts ‐ 32 gallon / Pad Lock Hasp $306.50 $214.55 CDA32 Secure Document Two‐Wheel Carts ‐ 32 gallon / Barrel Lock $341.43 $239.00 CDA64 Secure Document Two‐Wheel Carts ‐ 64 gallon / Pad Lock Hasp $344.83 $241.38 CDA64 Secure Document Two‐Wheel Carts ‐ 64 gallon / Barrel Lock $373.01 $261.11 CDA96 Secure Document Two‐Wheel Carts ‐ 96 gallon / Pad Lock Hasp $374.72 $262.30 CDA96 Secure Document Two‐Wheel Carts ‐ 96 gallon / Barrel Lock $398.61 $279.03 RMN32 Regulated Medical Waste Two‐Wheel Carts ‐ 32 Gallon $311.57 $218.10 RMN64 Regulated Medical Waste Two‐Wheel Carts ‐ 64 Gallon $384.71 $269.30 RMN96 Regulated Medical Waste Two‐Wheel Carts ‐ 96 Gallon $456.59 $319.61 ANA32 Two‐Wheel Cart ‐ 32 gallons $140.00 $98.00 ANA48 Two‐Wheel Cart ‐ 48 gallon $164.39 $115.07 ANA64 Two‐Wheel Cart ‐ 64 gallon $186.98 $130.88 ANA96 Two‐Wheel Cart ‐ 96 gallon $231.97 $162.38 ONA24 Two‐Wheel Cart ‐ 24 gallon, Standard Lid $152.13 $106.49 ONG32 Two‐Wheel Cart ‐ 32 gallon, Roto Lid $231.74 $162.22 ONA32 Two‐Wheel Cart ‐ 32 gallon, Standard Lid $180.15 $126.11 ONA48 Two‐Wheel Cart ‐ 48 gallon, Standard Lid $213.51 $149.45 ONG64 Two‐Wheel Cart ‐ 64 gallon, Roto Lid $325.00 $227.50 ONA64 Two‐Wheel Cart ‐ 64 gallon, Standard Lid $258.23 $180.76 Document Management Carts Organics Carts Standard Carts Medical Carts Bear Carts Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 TWO WHEEL CARTS PROFESSIONAL PRODUCTS PRICE LIST MODEL DESCRIPTION LIST PRICE Toter, LLC's Price List ‐ Effective 9/1/2022 Page 25 of 43 * Prices do not include state and local taxes. * Payment terms are Net 30 days after shipment pending credit approval. * Delivery is subject to quantity and availability at the time of order entry. * Medical Carts include "Bio‐Hazard" Hot Stamp and Gasketed Locking Lid ADDITIONAL INFORMATION * All prices are for standard colors. Minimum order quantity is 15 units. * Quickship; most popular items available for immediate shipment (up to 15 units per part number). More than 15 units will be standard delivery. * Custom colors are sold at a 20% upcharge and require a minimum order quantity of 30. These should be quoted via our customer service or sales team. * All prices are in USD. Page 26 of 43 SOURCEWELL 30% OFF LIST Standard Caster Carts ACC32 Caster Cart ‐ 32 gallon, Standard Lid $240.80 $168.56 ACC64 Caster Cart ‐ 64 gallon, Standard Lid $286.90 $200.83 ACC96 Caster Cart ‐ 96 gallon, Standard Lid $322.81 $225.97 Organics Caster Carts ACG32 Caster Cart ‐ 32 gallon, Heavy Duty Gasketed Locking Lid $396.26 $277.38 ACO32 Caster Cart ‐ 32 gallon, Standard Lid $315.38 $220.77 ACG64 Caster Cart ‐ 64 gallon, Heavy Duty Gasketed Locking Lid $540.87 $378.61 ACO64 Caster Cart ‐ 64 gallon, Standard Lid $461.43 $323.00 Document Management Carts CDC32 Secure Document Cart ‐ 32 gallon / Pad Lock Hasp $357.17 $250.02 CDC32 Secure Document Cart ‐ 32 gallon / Barrel Lock $364.10 $254.87 CDC64 Secure Document Cart ‐ 64 gallon / Pad Lock Hasp $423.98 $296.79 CDC64 Secure Document Cart ‐ 64 gallon / Barrel Lock $432.21 $302.55 CDC96 Secure Document Cart ‐ 96 gallon / Pad Lock Hasp $511.83 $358.28 CDC96 Secure Document Cart ‐ 96 gallon / Barrel Lock $521.76 $365.24 Medical Carts RMC32 Regulated Medical Waste Carts ‐ 32 gallon $404.05 $282.83 RMC64 Regulated Medical Waste Carts ‐ 64 gallon $486.85 $340.79 RMC96 Regulated Medical Waste Carts ‐ 96 gallon $574.18 $401.93 * Payment terms are Net 30 days after shipment pending credit approval. * Delivery is subject to quantity and availability at the time of order entry. * CDC carts ‐‐ single and double brake casters available. ADDITIONAL INFORMATION * All prices are for standard colors. Minimum order quantity is 15 units. * Quickship; most popular items available for immediate shipment (up to 15 units per part number). More than 15 units will be standard delivery. * Custom colors are sold at a 20% upcharge and require a minimum order quantity of 30. These should be quoted via our customer service or sales team. * Medical Carts include "Bio‐Hazard" Hot Stamp and Gasketed Locking Lid * Prices do not include state and local taxes. * All prices are in USD. Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 CASTER CARTS PROFESSIONAL PRODUCTS PRICE LIST MODEL DESCRIPTION LIST PRICE Toter, LLC's Price List ‐ Effective 9/1/2022 Page 27 of 43 SOURCEWELL 30% OFF LIST Cart Liners GB048‐R8000 48 Gallon Cart Liner, 1 case of 8 cartons $114.96 $80.47 GB064‐R8000 64 Gallon Cart Liner, 1 case of 8 cartons $132.00 $92.40 GB096‐R8000 96 Gallon Cart Liner, 1 case of 8 cartons $176.00 $123.20 GB048‐R1000 48 Gallon Cart Liner, 1 carton $14.37 $10.06 GB064‐R1000 64 Gallon Cart Liner, 1 carton $16.50 $11.55 GB096‐R1000 96 Gallon Cart Liner, 1 carton $22.00 $15.40 Powerfresh™ PFKIT‐00000 Housing and Refill $11.02 $7.71 PFRF0‐00000 Refill ‐ 2 packs $7.12 $4.98 PFKIT‐8000 Housing and Refill ‐ display box $90.78 $63.54 PFRF0‐15000 Refill ‐ display box $106.82 $74.77 * Prices do not include state and local taxes. * Payment terms are Net 30 days after shipment pending credit approval. * Delivery is subject to quantity and availability at the time of order entry. ADDITIONAL INFORMATION Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 CART LINERS AND POWERFRESH™ PROFESSIONAL PRODUCTS PRICE LIST MODEL DESCRIPTION LIST PRICE Toter, LLC's Price List ‐ Effective 9/1/2022 * All prices are in USD. Page 28 of 43 SOURCEWELL 30% OFF LIST Lids LT105 Removable Split Lid for 1/2 cubic yard Universal Tilt Trucks $271.55 $190.09 LT110 Removable Split Lid for 1 cubic yard Universal Tilt Trucks $316.79 $221.75 LT115 Removable Split Lid for 1‐1/2 cubic yard Universal Tilt Trucks $488.10 $341.67 Utility, Standard and Heavy Duty UT005 Utility Duty Tilt Truck with Handle, 1/2 Cubic Yard $809.14 $566.40 UT105 Standard Duty Tilt Truck with Handle, 1/2 Cubic Yard $1,093.80 $765.66 UT205 Heavy Duty Tilt Truck with Handle, 1/2 Cubic Yard $1,273.51 $891.46 UTP05 Universal Tilt Truck with Handle (Pneumatic Tires and Casters) ‐ 1/2 cubic yard $1,494.71 $1,046.30 UT175 Standard Duty Tilt Truck with Handle ‐ 3/4 Cubic Yard $1,119.87 $783.91 UT010 Utility Duty Tilt Truck with Handle ‐ 1 Cubic Yard $1,085.83 $760.08 UT110 Standard Duty Tilt Truck with Handle ‐ 1 Cubic Yard $1,414.17 $989.92 UT210 Heavy Duty Tilt Truck with Handle ‐ 1 Cubic Yard $1,619.47 $1,133.63 UT115 Standard Duty Tilt Truck with Handle ‐ 1‐1/2 Cubic Yard $2,409.61 $1,686.73 UT215 Heavy Duty Tilt Truck with Handle ‐ 1‐1/2 Cubic Yard $2,781.64 $1,947.15 UTT05 Towable Tilt Truck with Handle ‐ 1/2 Cubic Yard $1,516.55 $1,061.58 UTT10 Towable Tilt Truck with Handle ‐ 1 Cubic Yard $1,833.09 $1,283.17 * Prices do not include state and local taxes. * Payment terms are Net 30 days after shipment pending credit approval. * Delivery is subject to quantity and availability at the time of order entry. ADDITIONAL INFORMATION * All prices are for standard colors. Minimum order quantity is 15 units. * Quickship; most popular items available for immediate shipment (up to 15 units per part number). More than 15 units will be standard delivery. * Custom colors are sold at a 20% upcharge and require a minimum order quantity of 30. These should be quoted via our customer service or sales team. * All prices are in USD. Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 TILT TRUCKS PROFESSIONAL PRODUCTS PRICE LIST MODEL DESCRIPTION LIST PRICE Toter, LLC's Price List ‐ Effective 9/1/2022 Page 29 of 43 SOURCEWELL 30% OFF LIST Lids LMC08 Removable Split Lid for 8 cubic foot Cube Truck $282.38 $197.66 LMC12 Removable Split Lid for 12 cubic foot Cube Truck $309.71 $216.80 Manual Cube Trucks MMC08 Manual Cube Truck ‐ 8 cubic foot $479.54 $335.68 MMC12 Manual Cube Truck ‐ 12 cubic foot $594.42 $416.09 MMC16 Manual Cube Truck ‐ 16 cubic foot $714.33 $500.03 MMC20 Manual Cube Truck ‐ 20 cubic foot $832.74 $582.92 Automated Cube Trucks AMC20 Automated Cube Truck ‐ 20 cubic foot $973.72 $681.60 * Delivery is subject to quantity and availability at the time of order entry. ADDITIONAL INFORMATION * All prices are for standard colors. Minimum order quantity is 15 units. * Quickship; most popular items available for immediate shipment (up to 15 units per part number). More than 15 units will be standard delivery. * Custom colors are sold at a 20% upcharge and require a minimum order quantity of 30. These should be quoted via our customer service or sales team. * Prices do not include state and local taxes. * Payment terms are Net 30 days after shipment pending credit approval. * All prices are in USD. Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 CUBE TRUCKS PROFESSIONAL PRODUCTS PRICE LIST MODEL DESCRIPTION LIST PRICE Toter, LLC's Price List ‐ Effective 9/1/2022 Page 30 of 43 Toter EVR Carts Price List SOURCEWELL 30% OFF LIST Universal Mobile Trucks AM110 Universal Mobile Truck ‐ 1 cubic yard $1,390.43 $973.30 AM120 Universal Mobile Truck ‐ 2 cubic yard $1,993.06 $1,395.14 Universal Mobile Trucks With Lid FLM20 Mobile Truck w/ Attached Lid ‐ 2 cubic yard $2,185.84 $1,530.09 FLT20 Mobile Truck w/ Attached Lid ‐ 2 cubic yard w/ Pintle Hook Tow Assembly $3,998.28 $2,798.80 Towable Mobile Trucks AMT10 Towable Universal Mobile Truck ‐ 1 cubic yard $2,214.51 $1,550.16 AMT20 Towable Universal Mobile Truck ‐ 2 cubic yard $2,855.57 $1,998.90 Rapid Speed Mobile Trucks AMA20 Rapid Speed Mobile Truck ‐ 2 cubic yard $5,006.38 $3,504.47 FLA20 Rapid Speed Mobile Truck w/ Attached Lid ‐ 2 Cubic Yard (Towable up to 25 mph)$8,518.00 $5,962.60 FLA30 Rapid Speed Mobile Truck w/ Attached Lid ‐ 3 Cubic Yard (Towable up to 25 mph)$9,917.00 $6,941.90 Accessories LM110 Universal Mobile Truck ‐ 1 cubic yard, Removable Solid Lid $310.28 $217.19 LMS10 Universal Mobile Truck ‐ 1 cubic yard, Hinged Split Lid $324.88 $227.42 * Delivery is subject to quantity and availability at the time of order entry. ADDITIONAL INFORMATION * All prices are for standard colors. Minimum order quantity is 15 units. * Quickship; most popular items available for immediate shipment (up to 15 units per part number). More than 15 units will be standard delivery. * Custom colors are sold at a 20% upcharge and require a minimum order quantity of 30. These should be quoted via our customer service or sales team. * Prices do not include state and local taxes. * Payment terms are Net 30 days after shipment pending credit approval. * All prices are in USD. Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 MOBILE TRUCKS PROFESSIONAL PRODUCTS PRICE LIST MODEL DESCRIPTION LIST PRICE Toter, LLC's Price List ‐ Effective 9/1/2022 Page 31 of 43 Toter EVR Carts Price List SOURCEWELL 30% OFF LIST Standard Atlas RBR32 Atlas Container, 32 gal, Automated or Manual Unloading $90.06 $63.04 RBR44 Atlas Container, 44 gal, Automated or Manual Unloading $102.55 $71.78 RBR55 Atlas Container, 55 gal, Automated or Manual Unloading $151.21 $105.85 Atlas Lids RFL30 Flat Lid with Recycling Cutout $69.93 $48.95 RFL40 Flat Lid with Recycling Cutout $84.88 $59.42 RFL50 Flat Lid with Recycling Cutout $94.59 $66.21 RFL32 32G Flat Lid $60.90 $42.63 RFL44 44G Flat Lid $76.90 $53.83 RFL55 55G Flat Lid $85.73 $60.01 Accessories AWB00 Weighted Base fits 32, 44 & 55 gal Atlas Containers (RBR32, RBR44, RBR55)$124.33 $87.03 WDL10 Caster Dolly fits 32, 44 & 55 gal Atlas Containers (RBR32, RBR44, RBR55)$85.17 $59.62 DAK10 Caster Dolly Adapter Kit, fits 32G, 44G and 55 gal Atlas Containers (RBR32, RBR44, RBR55)$10.15 $7.11 Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 ATLAS CONTAINERS PROFESSIONAL PRODUCTS PRICE LIST MODEL DESCRIPTION LIST PRICE Toter, LLC's Price List ‐ Effective 9/1/2022 * Delivery is subject to quantity and availability at the time of order entry. ADDITIONAL INFORMATION * All prices are for standard colors. Minimum order quantity is 15 units. * Quickship; most popular items available for immediate shipment (up to 15 units per part number). More than 15 units will be standard delivery. * Custom colors are sold at a 20% upcharge and require a minimum order quantity of 30. These should be quoted via our customer service or sales team. * Prices do not include state and local taxes. * Payment terms are Net 30 days after shipment pending credit approval. * All prices are in USD. Page 32 of 43 Toter EVR Carts Price List SOURCEWELL 30% OFF LIST New Round Cans RND20 20G Round Container $57.97 $40.58 RND32 32G Round Container $71.58 $50.11 RND44 44G Round Container $98.99 $69.29 RND55 55G Round Container $139.39 $97.57 New Round Cans Lids RND20‐L 20G Round Lid $20.48 $14.34 RND32‐L 32G Round Lid $28.86 $20.20 RND44‐L 44G Round Lid $37.77 $26.44 RND55‐L 55G Round Lid $51.52 $36.06 * Delivery is subject to quantity and availability at the time of order entry. ADDITIONAL INFORMATION * Prices do not include state and local taxes. * Payment terms are Net 30 days after shipment pending credit approval. Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 NEW ROUND CANS PROFESSIONAL PRODUCTS PRICE LIST MODEL DESCRIPTION LIST PRICE Toter, LLC's Price List ‐ Effective 9/1/2022 * All prices are in USD. Page 33 of 43 Toter EVR Carts Price List SOURCEWELL 30% OFF LIST Half Round Container HTL21 Dome‐Top Lid with Push‐in Hinged Door, fits 21 gal Slimline Half‐ Round Container (HRC21)$91.84 $64.29 HCC21 Lid with Can Cutout, fits 21 gal Slimline Half‐Round Container (HRC21)$61.30 $42.91 HDS21 Lid with Document Slot, fits 21 gal Slimline Half‐Round Container (HRC21)$61.30 $42.91 HOL21 Lid with Open‐Top, fits 21 gal Slimline Half‐Round Container (HRC21)$56.19 $39.33 HSD21 Lid with Swing‐Door, fits 21 gal Slimline Half‐Round Container (HRC21)$81.18 $56.83 HRC21 Slimline Half‐Round Container, 21 gal, Manual Unloading $106.98 $74.89 HLC21 Slimline Lockable Half‐Round Container with Document Slot, 21 gal, Manual Unloading $160.96 $112.67 Rectangular Container RCC21 Lid with Can Cutout, fits 23 gal Slimline Rectangular Container (REC21)$67.46 $47.22 RDS21 Lid with Document Slot, fits 23 gal Slimline Rectangular Container (REC21)$67.46 $47.22 ROL21 Lid with Open‐Top, fits 23 gal Slimline Rectangular Container (REC21)$56.32 $39.43 REC21 Slimline Rectangular Container, 23 gal, Manual Unloading $98.73 $69.11 RSD21 Lid with Swing‐Door, fits 23 gal Slimline Rectangular Container (REC21)$81.80 $57.26 Square Container SSD25 Lid with Swing‐Door, fits 25 gal Slimline Square Container (SSC25) $93.79 $65.65 SOL25 Lid with Open‐Top, fits 25 gal Slimline Square Container (SSC25) $55.11 $38.57 SSC25 Slimline Square Container, 25 gal, Manual Unloading $101.62 $71.13 SSD35 Lid with Swing‐Door, fits 35 gal Slimline Square Container (SSC35) $113.95 $79.77 STL35 Dome‐Top Lid with Push‐in Hinged Doors, fits 35 gal Slimline Square Container (SSC35)$130.96 $91.67 Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 SLIMLINE CONTAINERS PROFESSIONAL PRODUCTS PRICE LIST MODEL DESCRIPTION LIST PRICE Toter, LLC's Price List ‐ Effective 9/1/2022 Page 34 of 43 Toter EVR Carts Price List SOURCEWELL 30% OFF LISTMODEL DESCRIPTION LIST PRICE SOL35 Lid with Open‐Top, fits 35 gal Slimline Square Container (SSC35) $70.04 $49.03 SSC35 Slimline Square Container, 35 gal, Manual Unloading $109.98 $76.99 SSD50 Lid with Swing‐Door, fits 50 gal Slimline Square Container (SSC50) $109.06 $76.34 STL50 Dome‐Top Lid with Push‐in Hinged Doors, fits 50 gal Slimline Square Container (SSC50)$125.87 $88.11 SSC50 Slimline Square Container, 50 gal, Manual Unloading $135.16 $94.61 SHL50 Slimline Square Container w/ permanently attached Hinged Dome‐ Top Lid, two push‐in Doors, 50 gal, Manual Unloading / Weight Base included $291.12 $203.78 * Delivery is subject to quantity and availability at the time of order entry. ADDITIONAL INFORMATION * All prices are for standard colors. Minimum order quantity is 15 units. * Quickship; most popular items available for immediate shipment (up to 15 units per part number). More than 15 units will be standard delivery. * Custom colors are sold at a 20% upcharge and require a minimum order quantity of 30. These should be quoted via our customer service or sales team. * Prices do not include state and local taxes. * Payment terms are Net 30 days after shipment pending credit approval. * All prices are in USD. Page 35 of 43 Toter EVR Carts Price List SOURCEWELL 30% OFF LIST Slimline Containers SL016‐00000 16G Slimline $74.87 $52.41 SL023‐00000 23G Slimline $80.71 $56.50 New Slimline Container Lids SL000‐10000 Slimline ‐ Swing Lid $70.35 $49.24 SL000‐20000 Slimline ‐ Bottle/Can Lid $60.59 $42.41 SL000‐30000 Slimline ‐ Mixed Recycling Lid $60.58 $42.40 SL000‐40000 Slimline ‐ Paper Lid $60.55 $42.38 SL000‐50000 Slimline ‐ Hinged Lid $82.03 $57.42 SL000‐60000 Slimline ‐ Open Top Lid $54.14 $37.90 ADDITIONAL INFORMATION * Prices do not include state and local taxes. * Payment terms are Net 30 days after shipment pending credit approval. * Delivery is subject to quantity and availability at the time of order entry. Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 NEW SLIMLINE CONTAINERS PROFESSIONAL PRODUCTS PRICE LIST MODEL DESCRIPTION LIST PRICE Toter, LLC's Price List ‐ Effective 9/1/2022 * All prices are in USD. Page 36 of 43 Toter EVR Carts Price List SOURCEWELL 30% OFF LIST Recycling 5660‐50‐0030 Can/Bottle Recycling Insert for 60G Litter Container, 4 pk $126.88 $88.82 5660‐00‐0031 Can/Bottle Recycling Insert for 45G Litter Container, 2 pk $56.66 $39.66 Rigid Liner RL045 Rigid Liner ‐ 45 gallon $103.40 $72.38 RL060 Rigid Liner ‐ 60 gallon $143.88 $100.72 Dome Top Containers 840K Dome‐Top Litter Container ‐ 45 gallon $458.35 $320.84 860A Dome‐Top Litter Container ‐ 60 gallon w Gravity Latch $535.81 $375.07 860B Dome‐Top Litter Container ‐ 60 gallon w bag holder straps $512.68 $358.88 Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 LITTER CONTAINERS PROFESSIONAL PRODUCTS PRICE LIST MODEL DESCRIPTION LIST PRICE Toter, LLC's Price List ‐ Effective 9/1/2022 * Delivery is subject to quantity and availability at the time of order entry. ADDITIONAL INFORMATION * All prices are for standard colors. Minimum order quantity is 15 units. * Quickship; most popular items available for immediate shipment (up to 15 units per part number). More than 15 units will be standard delivery. * Custom colors are sold at a 20% upcharge and require a minimum order quantity of 30. These should be quoted via our customer service or sales team. * Prices do not include state and local taxes. * Payment terms are Net 30 days after shipment pending credit approval. * All prices are in USD. Page 37 of 43 Toter EVR Carts Price List SOURCEWELL 30% OFF LIST Standard Front End Loaders FL020 2 cu yd Front End Loader, Casters $1,498.14 $1,048.70 FL030 3 cu yd Front End Loader, Casters $1,916.84 $1,341.79 FL040 4 cu yd Front End Loader $2,285.64 $1,599.95 Standard Front End Loaders With Bumpers FR010 1 cu yd Front End Loader, Casters $1,754.99 $1,228.50 FR020 2 cu yd Front End Loader, Casters $1,982.72 $1,387.90 FR030 3 cu yd Front End Loader, Casters $2,199.88 $1,539.92 FR040 4 cu yd Front End Loader, Casters $2,393.84 $1,675.69 Organic Front End Loaders FL52C 2 cu yd Organics Front End Loader, Casters $2,602.71 $1,821.89 FL53A 3 cu yd, XHD Load Rating, Plastics Lift Pockets, Steel Runners $3,015.99 $2,111.19 FL53B 3 cu yd, XHD Load Rating, Metal Lift Pockets, Steel Runners $3,751.59 $2,626.12 FL53C 3 cu yd, XHD Load Rating, Plastic Lift Pockets, Casters $3,046.29 $2,132.40 FL53D 3 cu yd, XHD Load Rating, Metal Lift Pockets, Casters $3,624.30 $2,537.01 Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 FRONT END LOADERS PROFESSIONAL PRODUCTS PRICE LIST MODEL DESCRIPTION LIST PRICE Toter, LLC's Price List ‐ Effective 9/1/2022 * Delivery is subject to quantity and availability at the time of order entry. ADDITIONAL INFORMATION * All prices are for standard colors. * Blue, Brown and Waste Green Standard Colors have minimum order quantity of 1. * Prices do not include state and local taxes. * Payment terms are Net 30 days after shipment pending credit approval. * All prices are in USD. Page 38 of 43 Toter EVR Carts Price List SOURCEWELL 30% OFF LIST Standard HardHead Boxes TB095‐10000 HardHead Box with Casters and Hitch Connector Discontinued Discontinued TB095‐11000 HardHead Box with Frame Discontinued Discontinued TB095‐12000 HardHead Box Discontinued Discontinued TB095‐13000 HardHead Box Frame Kit Discontinued Discontinued TB095‐14000 HardHead Box Caster Kit Discontinued Discontinued TB095‐15000 HardHead Box Hitch Connector Kit Discontinued Discontinued ADDITIONAL INFORMATION * Prices do not include state and local taxes. * Payment terms are Net 30 days after shipment pending credit approval. * Delivery is subject to quantity and availability at the time of order entry. Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 HARDHEAD BOXES PROFESSIONAL PRODUCTS PRICE LIST MODEL DESCRIPTION LIST PRICE Toter, LLC's Price List ‐ Effective 9/1/2022 * All prices are in USD. Page 39 of 43 Toter EVR Carts Price List SOURCEWELL 30% OFF LIST Flat Shelf UCF00‐S0001 Heavy Duty Utility Cart | Small Flat Cart with Straight Handle $350.63 $245.44 UCF00‐S0002 Heavy Duty Utility Cart | Large Flat Cart with Straight Handle $368.79 $258.15 Lipped Shelf UCL00‐S0001 Heavy Duty Utility Cart | Small Lipped Cart with Straight Handle $280.84 $196.59 UCL00‐S0002 Heavy Duty Utility Cart | Large Lipped Cart with Straight Handle $324.79 $227.35 UCL00‐E0001 Heavy Duty Utility Cart | Small Lipped Cart with Ergo Handle $297.29 $208.10 UCL00‐E0002 Heavy Duty Utility Cart | Large Lipped Cart with Ergo Handle $335.79 $235.05 ADDITIONAL INFORMATION * Prices do not include state and local taxes. * Payment terms are Net 30 days after shipment pending credit approval. * Delivery is subject to quantity and availability at the time of order entry. Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 TWO SHELF CARTS PROFESSIONAL PRODUCTS PRICE LIST MODEL DESCRIPTION LIST PRICE Toter, LLC's Price List ‐ Effective 9/1/2022 * All prices are in USD. Page 40 of 43 Toter EVR Carts Price List SOURCEWELL 30% OFF LIST 14 Quart / 3.5 Gallons WBF03‐00BLK 14QT Wastebin, Black, Fire Resistant $16.34 $11.44 WBF03‐00BRW 14QT Wastebin, Brown, Fire Resistant $16.34 $11.44 WBF03‐00SAN 14QT Wastebin, Sand, Fire Resistant $16.34 $11.44 27 Quarts / 6.8 Gallons WBF06‐00BEI 27QT Wastebin, Beige, Fire Resistant $28.11 $19.68 WBF06‐00BLK 27QT Wastebin, Black, Fire Resistant $28.11 $19.68 WBF06‐00BRW 27QT Wastebin, Brown, Fire Resistant $28.11 $19.68 WBF06‐00GRN 27QT Wastebin, Green, Fire Resistant $28.11 $19.68 WBF06‐00SAN 27QT Wastebin, Sand, Fire Resistant $28.11 $19.68 40 Quarts / 10 Gallons WBF10‐00BEI 40QT Wastebin, Beige, Fire Resistant $45.34 $31.74 WBF10‐00BLK 40QT Wastebin, Black, Fire Resistant $45.34 $31.74 WBF10‐00BLU 40QT Wastebin, Blue, Fire Resistant $45.34 $31.74 WBF10‐00GRY 40QT Wastebin, Gray, Fire Resistant $45.34 $31.74 WBF10‐00SAN 40QT Wastebin, Sand, Fire Resistant $45.34 $31.74 ADDITIONAL INFORMATION * Prices do not include state and local taxes. * Payment terms are Net 30 days after shipment pending credit approval. * Delivery is subject to quantity and availability at the time of order entry. Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 FIRE RETARDANT WASTE BINS PROFESSIONAL PRODUCTS PRICE LIST MODEL DESCRIPTION LIST PRICE Toter, LLC's Price List ‐ Effective 9/1/2022 * All prices are in USD. Page 41 of 43 Toter EVR Carts Price List SOURCEWELL 30% OFF LIST 8 Gallons SOF08‐00RED 8 Gallon Plastic Step‐On Container ‐ Red $91.01 $63.71 SOF08‐00WHI 8 Gallon Plastic Step‐On Container ‐ White $91.01 $63.71 SOF08‐00BEI 8 Gallon Plastic Step‐On Container ‐ Beige $91.01 $63.71 12 Gallons SOF12‐00RED 12 Gallon Plastic Step‐On Container ‐ Red $111.04 $77.73 SOF12‐00WHI 12 Gallon Plastic Step‐On Container ‐ White $111.04 $77.73 SOF12‐00BEI 12 Gallon Plastic Step‐On Container ‐ Beige $111.04 $77.73 18 Gallons SOF18‐00RED 18 Gallon Plastic Step‐On Container ‐ Red $131.62 $92.14 SOF18‐00WHI 18 Gallon Plastic Step‐On Container ‐ White $131.62 $92.14 SOF18‐00BEI 18 Gallon Plastic Step‐On Container ‐ Beige $131.62 $92.14 23 Gallons SOF23‐00RED 23 Gallon Plastic Step‐On Container ‐ Red $166.76 $116.73 SOF23‐00WHI 23 Gallon Plastic Step‐On Container ‐ White $166.76 $116.73 SOF23‐00BEI 23 Gallon Plastic Step‐On Container ‐ Beige $166.76 $116.73 ADDITIONAL INFORMATION * Prices do not include state and local taxes. * Payment terms are Net 30 days after shipment pending credit approval. * Delivery is subject to quantity and availability at the time of order entry. Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 STEP‐ON CONTAINERS PROFESSIONAL PRODUCTS PRICE LIST MODEL DESCRIPTION LIST PRICE Toter, LLC's Price List ‐ Effective 9/1/2022 * All prices are in USD. Page 42 of 43 Toter EVR Carts Price List SOURCEWELL 30% OFF LIST 3063‐MT‐4132 Rover Mobile Lifter 12v Power/Towable 32" Arms/Dumps ANSI Standard 32, 48, 64, 96 Gallon Carts Priced on Request Priced on Request 3063‐ST‐4132 Stand Mount 32" Arm‐Single Phase Power Lifter/Hand Valve Operated/Dumps ANSI Standard 32, 48, 64, 96 Gallon Carts Priced on Request Priced on Request 3069‐MT‐2000 Economy Mobile Lifter/ Dumps ANSI Standard 32, 48, 64 96 Gallon Carts Priced on Request Priced on Request 3069‐ST‐2001 Stand Mount Economy Lifter/Single Phase Power/Hand Valve Operated/ Dumps ANSI Standard 32, 48, 64, 96 Gallon Carts Priced on Request Priced on Request 3066‐ST‐2003 Stand Mount Economy Lifter/ Three Phase Power/ Hand Valve Operated/Dumps ANSI Standard 32, 48, 64, 96 Gallon Carts Priced on Request Priced on Request 3081‐ST‐1000 Atlas Lifter/Dumps 2 Wheel or Caster Carts and Round 32, 44, 55 Gallon Carts/Painted Safety Yellow Priced on Request Priced on Request 3081‐ST‐5000 Saddle Stationary Lifter/Dumps ANSI Standard 32, 48, 64, 96 Gallon Carts/Painted Safety Yellow Priced on Request Priced on Request STATIONARY LIFTERS PROFESSIONAL PRODUCTS PRICE LIST Plastic Refuse and Recycling Containers with Related Technology Solutions RFP #041521 Toter, LLC's Price List ‐ Effective 9/1/2022 * Delivery is subject to quantity and availability at the time of order entry. MODEL DESCRIPTION LIST PRICE ADDITIONAL INFORMATION * Prices do not include state and local taxes. * Payment terms are Net 30 days after shipment pending credit approval. * All prices are in USD. Page 43 of 43 Toter EVR Carts Price List 041521-TOT Rev. 10/2020 1 Solicitation Number: RFP #041521 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Toter, LLC, 841 Meacham Road, Statesville, NC 28677 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Plastic Refuse and Recycling Containers with Related Technology Solutions from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires May 28, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. 041521-TOT Rev. 10/2020 2 All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s affiliates, authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable 041521-TOT Rev. 10/2020 3 time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing 041521-TOT Rev. 10/2020 4 restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. 041521-TOT Rev. 10/2020 5 Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. 041521-TOT Rev. 10/2020 6 B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State/Province; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. 041521-TOT Rev. 10/2020 7 Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their 041521-TOT Rev. 10/2020 8 respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. In no event will Vendor be liable for any loss of use, revenue, or profit, or for any consequential, incidental, indirect, or exemplary damages, whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not the indemnitee was advised of the possibility of such damages. 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor. b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. 041521-TOT Rev. 10/2020 9 Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 041521-TOT Rev. 10/2020 10 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. 041521-TOT Rev. 10/2020 11 Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less 041521-TOT Rev. 10/2020 12 broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is 041521-TOT Rev. 10/2020 13 primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 041521-TOT Rev. 10/2020 14 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. 041521-TOT Rev. 10/2020 15 C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names 041521-TOT Rev. 10/2020 16 of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation 041521-TOT Rev. 10/2020 17 and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Toter, LLC By: __________________________ By: __________________________ Jeremy Schwartz Laura P. 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id Number: RFP 041521 Vendor Name: Toter, LLC Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1053 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Approve a purchase order to Pinellas County Solid Waste for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill in the not-to-exceed amount of $5,100,000 for the period October 1, 2023, through September 30, 2024, pursuant to Clearwater Code of Ordinances Section 2.563 (1) (a), Single Source, and authorize the appropriate officials to execute same. (consent) SUMMARY: Pinellas County Solid Waste (PCSW) operates the only waste-to-energy plant and landfill in the county. All putrescible solid waste collected by the city is taken to this facility. Effective October 1, 2023, the tipping fee for Pinellas PCSW will be raised to $51.00 per ton up from $47.75 per ton in Fiscal Year 2023. This represents a rate increase of 6.8%, however, the overall annual projected cost increase for the disposal of solid waste is 4.1%, as staff anticipates the increased usage of the city recycling program will lessen the impact of the PCSW rate increase. APPROPRIATION CODE AND AMOUNT: Funds are available as part of the FY 2023/24 Operating Budget of the Solid Waste Fund. The expenditure allocation is as follows: ·424-2082-543500 (Solid Waste - Residential Collection Dump Fees) $1,998,860 ·424-2083-543500 (Solid Waste - Commercial Collection Dump Fees) $1,873,240 ·424-2089-543500 (Solid Waste - Roll-Off Collection Dump Fees) $1,227,900 USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/31/2023 RESOLUTION 22- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY, FLORIDA, ADOPTING AN INCREASED FEE FOR DISPOSAL OF APPROVED SOLID WASTE AT THE SOLID WASTE DISPOSAL FACILITIES. WHEREAS, the Pinellas County Solid Waste Disposal Facilities operate on a user fee basis; and WHEREAS, Pinellas County Code § 106-53 requires that fees be fixed and established by resolution of the Board after Public Hearing; and WHEREAS, the code also requires that the Technical Management Committee (TMC) make recommendations to the Board concerning, among other things, fees; and WHEREAS, a rate study was prepared by Raftelis Financial Consultants Inc., and the TMC had the benefit of the rate study; and WHEREAS, the TMC has reviewed and recommend a fee of $47.15 per ton for one (1) year, which is different from the fee in this Resolution; and WHEREAS, all other Solid Waste fees remain unchanged. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pinellas County, Florida, in regular session duly assembled this _day of , 2022, after taking public comment pursuant to Pinellas County Code § 106-53 The fee for Approved Solid Waste be increased from the current rate of $44.70 per ton to: 1. $47.75 per ton effective October 1, 2022 2. $51.00 per ton effective October 1, 2023 3. $54.50 per ton effective October 1, 2024. Commissioner offered the foregoing Resolution and moved its adoption, which was seconded by Commissioner , and upon roll call the vote was: Ayes: Nay es: Absent and Not Voting: ^ ." .'i^ED AS 10 FGftM: A. County Attorney 48 21st June Long Gerard Justice, Long, Flowers, Gerard, Peters, and Seel. None. Eggers. From:Ward, Carlee A To:Solid Waste TMC Distribution List Subject:Solid Waste Disposal Rate and Fee Increase Effective October 1, 2022 Date:Thursday, July 28, 2022 11:57:14 AM Attachments:image001.png image002.png image003.png image004.png Good afternoon, On June 21, 2022, the Board of County Commissioners (BCC) approved Resolution 22-48(excerpted below), which set the following increases for disposal of municipal solidwaste, commercial waste, and yard waste: The fee for Approved Solid Waste be increased from the current rate of $44.70 perton to: 1. $47.75 per ton effective October 1, 20222. $51.00 per ton effective October 1, 20233. $54.50 per ton effective October 1, 2024 The following additional fee increases will take effect October 1, 2022 when theDepartment of Solid Waste’s (DSW) budget receives final approval from the Board ofCounty Commissioners (BCC) on September 22, 2022: 1. The Out-of-County Waste Surcharge is applied at $47.75 per ton in addition tothe per ton rate of $47.75. 2. Personal Protective Equipment (PPE) Kit (note: Scalehouse will sell to customersupon request to promote on-site safety): $20.00 *New Fee* There is no change to the following fees: 1. Passenger Vehicle Flat Rate Fee remains at $4.00. 2. Unmodified Pickup Trucks and Vans Flat Rate Fee remains at $11.00. 3. Radio Frequency (RFID) Window Sticker cost remains $18.00. 4. Tire Fee remains $125.00 per ton (applicable to loads containing five or morewaste tires; reweigh is required). 5. Special Handling Service Fee remains $110.00 per load in addition to per tonrate. 6. Contractor Surcharge Fee remains $100.00 per load in addition to the per tonrate. 7. Christmas Tree Disposal Fee remains $3.00 per load for up to five Christmastrees. Best Regards, Carlee Ward Administrative Support Specialist Pinellas County Department of Solid Waste 3095 114th Ave. N., St. Petersburg, FL 33716 Phone (727) 464-7522 Fax (727) 464-7713 caward@pinellascounty.org Follow Pinellas County: www.pinellascounty.org Subscribe to county updates and news All government correspondence is subject to the public records law. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1109 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Appoint David Harder to the Neighborhood and Affordable Housing Advisory Board to fill an unexpired term through June 30, 2024. (consent) SUMMARY: BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB) TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: N/A (See Special Qualifications) MEMBERS: 7 CHAIRPERSON: Kevin Chinault MEETING DATE: 2nd Tues. most months PLACE: Main Library/Council Chambers STAFF LIAISON: Chuck Lane APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: Board to have 1 member in each: Real Estate Professional in Connection with Affordable Housing; Clearwater Resident; Residential Home Building Industry; Advocate for Low Income Housing; Not-For-Profit Provider of Affordable Housing; Banking/Mortgage Industry; Employer’s Representative. THE FOLLOWING ADVISORY BOARD MEMBERS HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Maria Camacho - 1300 52nd Ave. N St Petersburg, FL 33703 Original Appointment: 6/7/18 (was serving 1st term set to expire 6/30/24) Resignation Date: 7/11/23 Category: Citizen who is actively engaged in the residential home building industry in connection with affordable housing THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1.David Harder - 803 Harbor Circle Palm Harbor, FL 34683 - Real Estate Development Manager Category: Citizen who is actively engaged in the residential home building Page 1 City of Clearwater Printed on 8/31/2023 File Number: ID#23-1109 industry in connection with affordable housing Zip codes of current members: 1 - 33703 1 - 33706 1 - 33755 2 - 33756 1 - 33774 1 - 34222 Current Special Qualifications: 1 citizen actively engaged in the residential home building industry in connection with affordable housing 1 citizen who resides within the City of Clearwater 1 citizen actively engaged as a real estate professional in connection with affordable housing 1 citizen actively engaged as an advocate for low-income persons in connection with affordable housing 1 citizen actively engaged as a not-for-profit provider of affordable housing 1 citizen who represents employers within the City of Clearwater Page 2 City of Clearwater Printed on 8/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1110 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Appoint Rick Broom to the Marine Advisory Board to a term set to expire September 8, 2027. (consent) SUMMARY: SUMMARY: BOARD: Marine Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 + 1 Ex Officio MEETING DATES: 2nd Wed., 8 am (Quarterly) PLACE: Main Library APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER WAS SERVING A TERM WHICH HAS EXPIRED AND SEAT NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1.Steven Voras - 1101 Stevenson Ave., 33755 Original Appointment: 2/3/2022 (was serving an unexpired term which expired 5/31/23) Interested in Reappointment: No THE NAME(S) BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Rick Broom - 866 Island Way, 33767 - Retired President of a Marketing Company Zip codes of current members on board: 1 at 33755 2 at 33756 1 at 33759 2 at 33761 1 at 33767 1 at 33786 Page 1 City of Clearwater Printed on 8/31/2023 Rick Broom President, Sunset Investments and Management, LLC 813) 309-2027 Rick.broom@yahoo.com OVERVIEW EXPERIENCE: I am currently semi-retired. My wife and I own several investment properties which I manage. We currently live at 866 Island Way, Clearwater, Fl 33767 EXPERIENCE: Sunset Investments and Management, LLC , 04/14/2016 - Curent President • I currently manage rental responsibilities of 7 Townhomes I designed and managed the construction of the townhomes Currently the rental manager ProMotion Marketing, LLC, 02/05/2018 - 01/25/2019 President • I founded a promotional marketing company. One year after starting the company an employee and her husband purchased the company Resource Solutions, LLC. 08/25/2009 - 10/30/2015 President • I founded Resource Soultion as a marketing company that provided services to the Financial Services Industry • The company started with two part-time employees and me. • The foundation ideas were to grow only if the company could self-fund the growth • We grew the company to 50 employees and Sixteen Million in Sales with Zero Debt in 6 years • I was approached in 2015 by a Venture Capital Group with an offer to purchase, which I accepted Skills: I understand how to develop a business with little or no debt. My experiences range from marketing to real-estate developing. I am also a skilled boater. We presently own a 60ft Marquis Motor Yacht, which I Captain Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1111 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 11.3 SUBJECT/RECOMMENDATION: Appoint two individuals to the Community Development Board to fill the remainder of two unexpired terms, one through February 28, 2026 and on through April 30, 2026. SUMMARY: BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 & 1 alternate CHAIRPERSON: TBD MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Main Library APPTS. NEEDED: 2 SPECIAL QUALIFICATIONS: Per the Clearwater Community Development Code, Section 5-202: “the city commission shall seek a membership with diverse economic, social and professional representation and shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning and land use law and real estate.” THE FOLLOWING ADVISORY BOARD MEMBERS HAVE RESIGNED OR HAVE AN EXPIRED TERM WHICH NOW REQUIRES NEW APPOINTMENTS: 1.Andrew Caudell - 420 Druid Road West, 33756 - General Contractor Original Appointment: 2/17/2022 (was serving 1st term set to expire 02/28/26) Absences: 6/21/22, 9/20/22, 12/20/22, 1/17/23, 4/18/23 Resignation Date: 7/19/23 2.Samuel Hutkin - 755 Eldorado Avenue, 33767 - Alt Member/Commercial Real Estate Original Appointment: 4/7/22 (was serving 1st term set to expire 4/30/26) Absences: 6/21/22, 7/19/22, 9/20/22, 2/21/23, 5/16/23 Resignation Date: 7/19/23 THE FOLLOWING APPLICANTS HAVE THE DESIRED PROFESSIONAL BACKGROUNDS: Page 1 City of Clearwater Printed on 8/31/2023 File Number: ID#23-1111 1.Nicholas Anderson - 115 S Keystone Dr., 33755 - Realtor 2.Kurt Hinrichs - 3151 Oyster Bayou Way, 33759 - Civil Engineer 3.Edward Wilmes - 2346 Druid Road Lot 1018, 33765 - Director of Public Works & Engineering, retired THE FOLLOWING APPLICANTS ARE ALSO BEING SUBMITTED FOR CONSIDERATION: 1.Rebekka Ervin - 920 N Osceola Ave, 33755 - Consultant/Broker 2.William (Bill) Jonson - 2694 Redford Court W, 33761 - Project Manager & Elected Rep 3.Polly Ward - 2009 Sea Front Ct., 33763 - Sales Zip Codes of current members: 1 at 33759 1 at 33761 1 at 33764 3 at 33767 Current categories: Real Estate Developer Sr. Project Administrator Engineer Construction/Real Estate Real Estate Broker/Developer Corporate General Counsel Page 2 City of Clearwater Printed on 8/31/2023 Rebekka Ervin rervinnyc@gmail.com 214-412-8524 or 646-946-9944 Professional Profile High-energy professional with 26 years’ experience in consultative sales and marketing accomplishments in the CPG industry. National and International Account Management with branded and private label experience. Worked in private, public, and private equity owned businesses. Seasoned in managing and growing revenues by developing and driving strategic marketing plans and budgets. Recognized as a highly motivated passionate leader that consistently surpasses both company and customer expectations; Inspires and engages people through vision, dialogue, and challenge. Self-starter with track record of advancement due to insight and analysis of store operations and market conditions. Values building strong customer relationships through consultative selling model. Focuses on getting strategies right, aligning execution, and driving excellence. Recently relocated to Florida to launch my own business. With one child graduated from University and the other attending, I am once again looking to use my time and skills to contribute locally. Professional Experience Details Owner, Inner Elevation LLC, Clearwater, FL 2021-Present • Develop and execute go-to-market strategy for national and international products • Gain and grow US business retail distribution for International manufacturers; currently managing +100M Global VP Sales, Walmart Global Team Lead: Ranir Global Holdings, New York, NY 2004-2021 • Development and execution of consultative selling model with a strong commitment to growing company and customer business, retailers and wholesalers in the Oral Care Industry • Innovate and execute marketing strategies for SKU maximization, promotion performance and overall share growth, meeting or exceeding retail dollar and profitability goals • Progressed to manage the largest customer and greatest % of revenue, growth and profit for the company, growing by +2600% in 10 years • Increased annual revenue over 50% at every account of responsibility; tripling gross profit • Maintain and utilize comprehensive knowledge of Retail Link, AC Nielsen and IRI data to effectively manage category and market trends • Establish Global strategy, coordinating with worldwide teams, managing both in-house and retail market brokers • Successfully managed accounts and relationships through two private equity acquisitions and one public • Established strong relationships with Top Mass and Grocery Customers; pioneered business into Club Channel Regional Vice President, Sales Tyco Healthcare, Dallas, TX 2002-2004 • Managed 14% of company revenue and 13% of company profit • Gained new business across all categories of responsibility • Business management and development for retailers and wholesalers and brokers in the diaper, training pant, sanitary, adult incontinence and wound care categories, developing marketing strategies to strengthen market share and retailer profitability • Developed and achieved sales objectives and marketing budgets for combined businesses • Successfully managed accounts and relationships while growing revenue over 25% during acquisition Customer Development Manager, Paragon Trade Brands, Dallas TX 1997-2002 • Developed and managed private label diaper and training pant business throughout the USA, quickly penetrating accounts and gaining strong relationships at key retailers • Increased customer profitability while increasing retailer dollars and profit, resulting in promotion in 2 years • Conceived and implemented Destination Own Brand at wholesaler account, including packaging redesign, SKU line-up, improved pricing structure and shelf placement • Maintained excellent customer relationships during Chapter 11 and two transfers of ownership Marketing and Office Manager, Daymon Associates, Inc., Salt Lake City, UT 1996-1997 • Provided marketing support for a national retail food and drug broker’s key accounts; presentations, sales reports, correspondence, scheduling and account maintenance • Supervised all office procedures, hiring, employee evaluations and training Account Executive, Phone Directories Company, Orem, UT 1994-1996 • Worked as a member of a team committed to providing a solid customer base for market area yellow pages publications, increasing revenue by up to 30% in all areas assigned • Relocated to Alaska to open the Fairbanks and Juneau markets, successfully establishing over 200 new accounts Community Leadership Volunteer Sunday Ministry with Pastor Barry Nehls: Brooksville & Springhill Florida 2021-2023 Board Member, Zaytoon International 2010-2014 Zaytoon International was a non-governmental org centered in Amman, Jordan, committed to empowering individuals and improving communities through training and resources to promote economic and social progress Utah State Delegate 2011 Elected by local caucus to represent district at state and county convention Advisory Board and Student Mentor for the Center for the Advancement of Leadership (CAL) at Utah Valley University 2009-2010 Responsible for fundraising as a board member and served as a mentor to individual business students, engaging them in leadership training, workshops and hands-on activities President of Professional Republican Women of Salt Lake City 2011 Board of Professional Republican Women of Salt Lake City 2008-2011 Elected as treasurer and then elected as President to lead, review policy, and train women to take leadership roles in politics and support worthy causes/policies by representing at Utah Capitol Board of JDWC Cottonwood Cotillion 2008-2011 Cotillion is designed to introduce students to social skills training through dance to develop personal confidence, an understanding of courtesy, consideration and respect Chairman School Administration Committee for Mountainville Academy 2006-2011 Worked closely with charter school administration through start-up phase to success story Various church and community volunteer opportunities 2005-2018 Volunteer Yoga Instruction at Retirement Community and Alcohol Recovery Treatment Center 2005-2010 Education/Honors/Activities BS Business Management, Western Governors University Yoga RYT 200 Multiple year Ranir Global Holdings Tigress Award for “Outstanding Revenue Results”, “Sales Associate of the Year” Pilates – Yoga – Reading – Boating – Cooking – Interior Design Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1108 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 11.4 SUBJECT/RECOMMENDATION: Appoint an individual to the Environmental Advisory Board to fill the remainder of an unexpired term through September 30, 2026. SUMMARY: BOARD: Environmental Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 CHAIRPERSON: Jared Leone MEETING DATES: Quarterly Meetings - 3rd Wed., 4 pm (Jan., April, July, Oct.) STAFF LIAISON: Micah Maxwell - Office of Innovation PLACE: Main Library/Council Chambers APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED: 1.Sheila Sullivan - 3043 Marlo Blvd, Clearwater, FL 33759 - Environmental Manager Original Appointment: 12/2/21 (was serving 1st term which expired 9/30/22) Resignation Date: 8/9/2023 THE NAME(S) BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1.Kelly Dobbin - 837 Harbor Oak Lane, 33756 - Owner/IHG Enterprises 2.Polly Ward - 2009 Sea Front Ct., 33763 - Territory Manager Zip codes of current members: 1 at 33755 1 at 33759 1 at 33764 1 at 33767 Page 1 City of Clearwater Printed on 8/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1007 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Approve agreement with HR and A consultants as a ratify-and-confirm. (consent) SUMMARY: On April 20, the Council authorized city staff to hire an external consultant to evaluate Gotham Property Acquisitions' request to modify the parties existing development agreement and purchase-sale agreement (PSA) for the old City Hall site. At that time, Council established an expected delivery around the end of August. Due to the accelerated time-frame, city staff directly engaged the consulting firm of HR&A. HR&A was chosen for their experience evaluating projects in downtown Clearwater, and their expertise has been praised by Assistant City Manager Michael Delk. Because HR&A's review is nearing completion, this agenda item seeks approval to ratify-and-confirm the payment of $151,500 in accordance with the agreement. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 0107010-530100, Professional Services, to fund this contract. Page 1 City of Clearwater Printed on 8/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 23-14 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Attorney Agenda Number: 12.2 SUBJECT/RECOMMENDATION: Amend Council Rule 6, Order of Business, adopt Resolution 23-14, and authorize appropriate officials to execute same. SUMMARY: On August 7, the City Council directed the City Attorney to update the Council’s order of business. The revised order of business advances the consent agenda and scheduled public hearings to an earlier phase of the meeting. Page 1 City of Clearwater Printed on 8/31/2023 1 Resolution 23-14 RESOLUTION NO. 23-14 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING COUNCIL RULES; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2.08 of the Clearwater City Charter requires the City Council to determine its own rules and order of business; and WHEREAS, it is vital for local governments in Florida to use their meeting times productively because Florida law requires all public meetings to be noticed in advance, and because Florida law generally prohibits two or more Councilmembers from meeting separately in private; and WHEREAS, the Courts have ruled that said meetings are considered limited public forums for purposes of First Amendment analyses; and WHEREAS, the purpose of City Council meetings is to conduct an orderly meeting, to receive input from citizens regarding matters on the agenda, and to vote on Council business; and WHEREAS, the City Council desires to respect the time that City staff devote to evening Council meetings, and allow department directors and other staff to return home to their families after their agenda items conclude; and WHEREAS, the City Council reserves time at each meeting for citizens to speak on matters unrelated to the agenda, as long as said comments relate to City business, and as long as said comments do not disrupt the meeting or supersede discussion regarding items on the agenda; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Rule 6, Order of Business, be amended as follows: (1) The order of business for a regular or special meeting of the City Council or Pension Trustees shall ordinarily be: A. Invocation B. Pledge 2 Resolution 23-14 C. 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.) D. Minutes of previous meetings E. Consent Agenda F. Public hearings (not before 6:00 p.m.) Legislative and administrative matters: 1. Presentation of issues by City staff. 2. Statement of case by applicant or representative (5 minutes). 3. Council questions. 4. Comments in support and comments in opposition. See subsection (3) below regarding time limitations for speakers. 5. Council questions. 6. Final rebuttal by applicant or representative (5 minutes). 7. Council motion to determine disposition. Quasi-judicial Hearings: 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation and submits record (minutes, staff report, and application) adduced before the Community Development Board (2 minutes). 2. Applicant presents case, including its testimony and exhibits. (15 minutes). 3. Staff presents further evidence. (10 minutes). 4. Public comment. See subsection (3) below regarding time limitations for speakers. 5. City Council discussion. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Council motion to determine disposition. Second Reading of Ordinances 1. Public comment. See subsection (3) below regarding time limitations for speakers. 2. Council motion to determine disposition. All time limits may be extended upon request, if approved by a majority of the City Council. G. Citizens to be heard regarding items pertaining to City business but not on the agenda. For purposes of this role, “items pertaining to City business” includes any matter within the Council’s or the City Manager’s power to act, any 3 Resolution 23-14 matter that the Council previously voted on or discussed at the dais, or any matter discussed by or scheduled to be considered by another governmental entity that affects the operation of the City. Each person who wishes to address the Council shall complete a comment card and submit the card to the City Clerk (right-hand side of dais) before the speaker will be permitted to speak. However, if the speaker has just arrived or decided to speak, the Chair may allow the card to be filled out after speaking. Individuals will limit their comments to a maximum of three minutes. The Mayor shall advise the speaker that their time has expired. If the person remains at the podium, thereby interfering with other persons who may wish to be heard, the speaker’s microphone may be turned off, or the Mayor may rule the person out of order in accordance with Rule 15. H. City Manager reports. I. City Attorney reports. J. Council Discussion Items (work session only) K. Other Council action (if agendaed from work session) L. Closing comments by Councilmembers (limited to 3 minutes) M. Closing comments by Mayor. *** Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of September, 2023. ____________________________ Brian Aungst, Senior Mayor Approved as to form: Attest: __________________________ _____________________________ David Margolis Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 23-15 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Attorney Agenda Number: 12.3 SUBJECT/RECOMMENDATION: Amend Council Rule 15, Rules of Conduct, adopt Resolution 23-15, and authorize appropriate officials to execute same. SUMMARY: On August 7, the City Council directed the City Attorney to update Council rules of decorum. After receiving input from the Council on August 7, and through individual conversations with city staff and Councilmembers, the City Attorney has drafted the updated rules. For comparison, the rules utilized by the Pinellas County Board of County Commissioners and the Pinellas County School District are also attached to this item. Page 1 City of Clearwater Printed on 8/31/2023 RESOLUTION NO. 22- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY, FLORIDA, TO ADOPT THE PUBLIC PARTICIPATION GUIDELINES AND DECORUM RULES AS AMENDED; PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Statutes § 286.0114(2), states that members of the public have an opportunity to be heard on propositions before a board or commission, “subject to rules or policies adopted by the board or commission”; and WHEREAS, The Board of County Commissioners of Pinellas County (“BCC”) previously adopted Public Participation Guidelines and Decorum Rules in compliance with the Statute; and WHEREAS, the BCC have elected to update and amend the Public Participation Guidelines and Decorum Rules within the limitations of Florida Statutes § 286.0114(4); NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pinellas County, Florida, at a duly assembled meeting held on this 19th day of July, 2022, that: Section 1.The attached document titled “Public Participation Guidelines and Decorum Rules” is incorporated herein by reference and adopted as the official policy governing public participation and public comment at Pinellas County Commission meetings and hearings. Section 2. This Resolution shall be effective upon adoption as provided by law. Commissioner _________________________ offered the foregoing Resolution and moved its adoption, which was seconded by Commissioner ______________________, and upon roll call the vote was: AYES: NAYS: Absent not voting: PCAO 386224 55 Gerard Long Justice, Long, Eggers, Flowers, Gerard, and Seel. Peters. Page 1 of 7 PINELLAS COUNTY COMMISSION PUBLIC PARTICIPATION AND DECORUM RULES I.INTRODUCTION The Pinellas County Board of County Commissioners (“Board”) values and benefits from the orderly participation of members of the public during public meetings. Any meeting of the Board constitutes a limited public forum as defined by the United States Supreme Court, and as such all components of speech will be limited to matters of public concern in Pinellas County. Under Florida law, the public must be afforded a reasonable opportunity to provide input on public matters before the Board for official action. The Board has the authority to reasonably regulate public input by establishing time limit restrictions on public comments, and enforcing orderly, non-disruptive conduct at public meetings. These public participation and decorum rules provide the parameters for such regulation. In addition to appearing and speaking before the Board, members of the public may submit written comments to the Board for consideration on any item in advance of the meeting on that item in accordance with these rules. II.DEFINITIONS For the purpose of these guidelines, the following definitions apply: “Board” or “County Commission” means the Pinellas County Board of County Commissioners. “Electronic Aid” means any electronic device or medium (including but not limited to a phone, audio or video player, tablet, or computer) that a Speaker wishes to present publicly before the Board to aid in communicating the Speaker’s message. This does not include devices or aids utilized as an accommodation under the Americans with Disabilities Act. “Handout” means any written material(s) a Speaker wishes to provide to the Board in connection with their public comment. “Political Candidate Campaigning” means any statement (verbal, written, graphical, or in any other format) which involves the endorsement of any political candidate that is made for the purpose of campaigning. “Speaker” means any member of the public who is presenting public comment before the Board in compliance with this policy. “Visual Aid” is any non-electronic item (including signs, placards, banners, posters, maps, or models) the Speaker wishes to present publicly before the Board to aid in communicating the Speaker’s message. This does not include cue cards, Speaker notes, or other materials used to help a Speaker recall information. EXHIBIT A Page 2 of 7 III.CITIZEN PARTICIPATION PROCEDURES A.The following rules and procedures will apply to citizen participation during Board meetings, including work sessions. B.General Procedures. 1.Official Board meetings will be held in person at the location identified on the advertised meeting agenda. Virtual attendance and participation by the public via phone or other technology may be authorized at the Board’s discretion as a convenience to the public. However, the Board does not guarantee against technology failures that can occur during virtual attendance. Therefore, members of the public who wish to participate or speak at a Board meeting may choose to appear at the official meeting in person to ensure that they are heard during the meeting. Alternatively, members of the public may submit their comments in advance of a public meeting via the County’s designated online comment form, or by calling the Agenda Comments telephone line at 727-464-4400 or such other number as subsequently adopted, by the deadline indicated in the notice of public meeting. 2.If a fully virtual meeting of the Board is legally authorized or required, such as under a state of emergency, the details of such virtual meeting, including options for public participation, will be advertised as required by law. 3.Anyone wishing to speak before the Board at any meeting must: a.Prior to the start of the meeting, register to speak by submitting a written request to the email or mailing address designated on the County’s website or the notice of public meeting, by completing a comment card and submitting the card in-person to the staff at the County staff table in the front of the meeting room, or as otherwise directed in the notice of public meeting. The registration or comment card must be submitted by the deadline indicated in the notice of public meeting and must: i.Indicate whether the person wishes to speak: 1.During the “citizen comment” period; or 2.On a posted agenda item (and include the agenda item number). ii.Provide the Speaker’s municipality or unincorporated area of residence, or business address; iii.Indicate whether the person wishes to speak in person or, subject to availability, by virtual means such as by telephone or other virtual platform adopted by the County for use at the meeting; Page 3 of 7 iv.Within the timeframes established in these rules or otherwise noticed by the County, include: 1.A copy Visual Aid or Electronic Aid the Speaker wishes to publicly present before the Board. 2.A copy of any Handouts the Speaker wishes to share with the Board. b.When a Speaker’s name is called, the Speaker will approach the public lectern (if in person), or unmute themselves (if virtual), and give the following information in an audible tone of voice for the minutes: i.Their name; ii.The municipality or unincorporated area in which they reside; and iii.If requested by the Chair, information on whether the Speaker speaks for a group of persons or a third party or represents an organization. If the person represents an organization, the Speaker must also state whether the view expressed by the Speaker represents an established policy or position approved by the organization, and whether the person is being compensated by the organization. 4.If a Speaker is no longer present in the meeting room or overflow room or in virtual attendance at the time they are recognized, the Speaker forfeits the opportunity to speak and is prohibited from transferring the time to a different individual. 5.If a Speaker chooses to appear virtually by means of telephone, video conferencing, or other technology,it is the sole responsibility of the Speaker to ensure that they have the appropriate technology to do so on their end. If at the time they are recognized the Speaker cannot be heard by the Board due to poor telephone or internet reception, technology errors, excessive background noise or interference, issues with unmuting themselves, or other issues, the Speaker forfeits the opportunity to speak and is prohibited from transferring the time to a different individual. 6.Groups of five or more individuals who wish to express their views collectively may select one Speaker to represent the group’s views to the board. The group’s time is still limited to the applicable time allotment of all members of the group, or 10 minutes, whichever is shorter. C.Visual or Electronic Aids and Handouts. 1.For public safety purposes, no signs or placards mounted on sticks, posts, poles, or similar structures will be allowed in County Commission meeting rooms. Page 4 of 7 2.Visual aids that disrupt meetings or interfere with others’ ability to view or participate in the meeting are not authorized. 3.Handouts the Speaker wishes to share with the Board must be provided in advance of the meeting or presented to County staff at the Agenda Staff Table in the front of the meeting room along with the comment card before the Speaker’s allotted time for public comment. 4.A copy of any Visual Aid or Electronic Aid a Speaker wishes to publicly present before the Board must be provided in advance by the deadline indicated in the notice of public meeting, along with a written request explaining the necessity of the Visual Aid or Electronic Aid. 5.Visual Aids or Electronic Aids that require audio/video (AV) or other technological set up must be submitted at least seven (7) days prior to meeting or by such other deadline as indicated in the notice of public meeting. The Chair may approve or deny such a request at the Chair’s discretion. If use of a Visual Aid or Electronic Aid is approved: a.The Visual Aid or Electronic Aid must be handled by the Speaker. b.Electronic Aids must be properly audible or observable to all members of the Board and the public, cannot require extensive set-up, and may not be disruptive. Any set-up time will be counted as part of the Speaker’s allotted time. c.All content must be the Speaker’s own. In no event will a Speaker be authorized to display or present any visual or audio content recorded or taken from the internet, social media, television, radio, or other forms of media—including but not limited to videos, music, speech, sounds, or images—created, posted, streamed, owned, copyrighted, trademarked, or presented by any party other than the Speaker. d.The Chair may immediately interrupt and terminate a Speaker’s speaking privilege for violation of this provision. D.Authorized Time for Public Comment. 1.Time for public comment will be allocated as follows: a.A “citizen comment” period may be authorized at the discretion of the Board to be held at the beginning or end of each regular Board meeting, or at such other time as may be designated by the Board. b.For public comment related to specific agenda items or Board actions, time will be allotted for registered Speakers prior to the Board voting on that item. 2.The Chair or the Board has the right to limit the remarks of each Speaker to 3 minutes or less. Based upon the number of individuals signed up to speak during the public Page 5 of 7 comment period, the Chair may at their discretion shorten the time available for each individual to speak to allow more Speakers to be heard. 3.The public comment period for any particular item of discussion or the citizen comment period may, at the discretion of the Board, be limited to a reasonable, set length of time, to be established prior to initiation of public comment on that topic. (For example, all public comment on Agenda Item #XX could be limited to 1 hour.) If such a time limit on public comment is established, the time may be extended for an additional reasonable time period at the discretion of the Chair. E.Special Circumstances. 1.The Board is not required to take public comment for: a.Emergency situations affecting public health, welfare, or safety if compliance with the requirements would cause an unreasonable delay in the ability of the Board to act; b.Ministerial acts such as approval of minutes or ceremonial proclamations; c.Meetings exempt or excepted from FS 286.011; or d.Workshop meetings at which no votes will be taken. 2.The Board Chair may waive any of these procedures in their discretion. IV.CITIZEN DECORUM GUIDELINES A.Public participation at board meetings is intended to allow individual members of the public to address the Board on issues of public concern in Pinellas County. The Chair is responsible for maintaining a respectful environment during public participation so that public comments can be heard and considered by the Board. Therefore, the Board Chair may interrupt or terminate any individual’s speaking privilege if the Speaker’s comments, attire, Visual Aids, or Electronic Aids constitute a personal attack; are slanderous, defaming, disruptive, or obscene; violate any law (including but not limited to copyright and intellectual property laws); or otherwise are in violation of this policy. The following guidelines apply to any public comment at Board meetings: 1.Speakers must be respectful of the Board, other members of the public, and others’ opinions, and refrain from making personal attacks; 2.No Political Candidate Campaigning, commercial advertising, solicitation, or defamation will be allowed as part of any presentation to the Board; 3.Presentations to the Board must relate to issues which are in the public interest, and which pertain to Pinellas County government activities. These priorities should be considered: a.Statements of matters involving public health or safety; Page 6 of 7 b.Statements relating to Board actions or business; c.Statements involving various County departments under the County Administrator; and d.Statements directly pertaining to relevant Pinellas County government programs, projects, policies, or concerns. 4.Speakers should make their comments concise and to the point, presenting relevant information they wish the Board to consider. 5.All remarks must be addressed to the Board as a body and not to any individual member of the Board. 6.No person, other than a member of the Board and the person having the floor, may be permitted to enter into any discussion, either directly or through a member of the Board, without permission of the Chair. 7.A Speaker’s time is an opportunity to direct comments to the Board; it is not a question- and-answer session. 8.Any Speaker who becomes disorderly or who fails to confine remarks to the identified subject or business at hand or who violates this policy may be given a verbal warning by the Chair. Following such a warning, the Speaker may continue, provided that they do so in accordance with this policy. If, after such a warning the Speaker fails to comply with this policy, the Speaker may be directed to end their comments. If the Speaker does not do so, they may be subject to removal from the meeting room. The Chair may bar any person failing to comply with this policy after receiving a warning from making any additional comments during the meeting, unless permission to continue, or to address the Board again, is granted by the majority of the Board members present. 9.Clapping, applauding, heckling or verbal outbursts in support of or opposition to a Speaker or their remarks is discouraged. Any such activity that becomes disruptive may result in removal from the meeting. Persons exiting the Commission Chamber or meeting room must do so quietly and in a non-disruptive manner. V.PUBLIC HEARING / QUASI-JUDICIAL PROCEDURES A.It is the intent of these Public Participation and Decorum Rules that all Public Hearings before the Board of County Commissioners are governed by the provisions of Section 134-14 of the Pinellas County Land Development Code. That code provides that at the conclusion of each person’s presentation, any Speaker may seek the Chair’s permission to ask questions of staff. Specifically: 1.At the conclusion of the presentations by the applicant and any proponents, all affected parties may seek the Chair’s permission to ask questions of or seek clarification from the applicant and/or the proponents. Page 7 of 7 2.At the conclusion of the presentation by the opponents, all affected parties may seek the Chair’s permission to ask questions of or seek clarification from any opponent. The applicant’s closing comments will address testimony subsequent to their presentation. Continuing rebuttal of other than directly preceding testimony will not be allowed. Because such testimony has already been submitted in writing, the following guidelines are expected to be sufficient to accommodate efficient presentations: a.The applicant should present his or her entire case, including rebuttal, in no more than twenty (20) minutes; b.Persons who have been authorized to represent an organization with five (5) or more members or a group of five (5) or more persons may speak for up to ten (10) minutes provided that others in the organization or group will waive their time; c.All other persons may speak for up to three (3) minutes each, after completing comment cards and submitting them to the staff at the Agenda Staff Table in the front of the Board Room. The Chair will call each Speaker’s name upon their turn the speak. PCAO 385786 Resolution No. 23-15 RESOLUTION NO. 23-15 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING COUNCIL RULES; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2.08 of the Clearwater City Charter requires the City Council to determine its own rules and order of business; and WHEREAS, the Courts have ruled that said meetings are considered limited public forums for purposes of First Amendment analyses; and WHEREAS, the purpose of City Council meetings is to conduct an orderly meeting, to receive input from citizens regarding matters on the agenda, and to vote on Council business; and WHEREAS, it is vital for local governments in Florida to use their meeting times productively because Florida law requires all public meetings to be noticed in advance, and because Florida law generally prohibits two or more Councilmembers from meeting separately in private; and WHEREAS, the City Council finds that any display of banners or signs by the audience during City Council meetings is distracting, and reduces the attention that belongs to the citizen or other speaker who has the floor; and WHEREAS, individuals bringing those signs occasionally position themselves to ensure their chosen message remains on camera throughout the City’s broadcast of the meeting, creating a misleading impression that the content of the sign is either endorsed by the government or endorsed by other citizens when they speak at the podium; and WHEREAS, the City Council recognizes that commingling campaign activities with City Council meetings can intimidate City staff, who under Florida law must remain apolitical during working hours; and WHEREAS, the City Council desires to promote an orderly meeting by separating the time for governance – for which the City Council meeting is designed – and the time for campaigning, which can occur at many other times and locations; and WHEREAS, the City Council reserves time at each meeting for citizens to speak on matters unrelated to the agenda, as long as said comments relate to matters within which the City has the power to act, and as long as said comments do not disrupt the meeting or supersede discussion regarding items on the agenda; and 2 Resolution 23-15 WHEREAS, name-calling and personal attacks against an identifiable individual tend to disrupt meetings by provoking a response from the person targeted by the abusive language; and WHEREAS, any person who prefers to communicate via name-calling or personal attacks retains ample opportunities to do so – for example, by speaking or holding a sign displaying such messages outside the entrance to the library building in which the Council meeting is held; and WHEREAS, the City Council finds that during Council meetings, the display of the middle finger or similar obscene gestures by a person who does not have the floor unfairly distracts attention from the person to whom the floor belongs at that moment; and WHEREAS, the Mayor serves as the officer presiding over City Council meetings, pursuant to Section 2.05 of the Clearwater City Charter; and WHEREAS, a citizen’s plea for action should be directed either to the Mayor as the Chair of the meeting, or to the Council as a collegial body, because only the collegial body is authorized under Section 2.01(b) of the Clearwater City Charter to legislate; and WHEREAS, other local government entities have implemented reasonable rules of decorum to facilitate an orderly meeting; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Rule 15, Rules of Conduct, be amended as follows: At all times during regular and special City Council meetings, along with meetings of the Pension Trustees, the Council, staff and public shall conduct themselves in accordance with these Rules of Conduct. Because the Council functions as a collegial body, with the Mayor serving as presiding officer, all comments, requests, displays on the overhead projector, and questions shall be directed toward the Mayor or the Council as a collegial body. The speaker shall not name any individual Councilmember(s) other than the Mayor, either verbally or when utilizing the overhead projector. However, individual Councilmembers may be named if the speaker is discussing, questioning, or responding to a specific comment previously made by that Councilmember, or in reference to a prior vote cast on a specific agenda item by the named Councilmember. In addition, the Council has adopted a non-exclusive list of examples of behaviors that disrupt the meeting and will, in the exercise of reasonable 3 Resolution 23-15 discretion, be ruled out of order by the Mayor. Those disruptive behaviors include: (1) interrupting another citizen, City staff member, or Council member when not recognized; (2) shouting or speaking in a manner that threatens or incites a criminal offense; (3) engaging in name-calling or personal attacks against an identifiable individual, or displaying any such material on the City’s overhead projector; (4) extending the middle finger or making other obscene gestures while another person has the floor and is speaking; (5) refusing to leave the podium once the allotted time to speak has expired; (6) preventing or attempting to prevent a member of the audience from seeing or hearing Councilmembers; (7) standing on chairs or tables, or attempting to rearrange the City’s seating; (8) bringing signs or banners into the Council meeting room, unless advance permission is obtained from the Mayor and the sign or banner relates solely to an item on the agenda; (9) wearing any article of clothing or accessory that contains obscenity or expressly advocates for the election or defeat of a named individual for any public office, or displaying such materials on the overhead projector; (10) verbally identifying oneself as a candidate for election or reelection to any public office while the person is speaking from the podium or the dais; (11) verbally endorsing a candidate for election or reelection to any public office while the person is speaking from the podium or the dais. When ruling a person out of order, the Mayor shall warn the person that compliance with Rule 15 is required. If the person refuses to correct their behavior, or if the person continues to violate the rule after having already been warned during that same meeting, then the Mayor may either, in the exercise of reasonable discretion, direct the individual to yield the floor, or direct the person to leave the City Council meeting. Upon request by the Mayor, the Clearwater Police Department shall escort the person from the Council Chambers. In such cases, the person shall not be readmitted to the same meeting, but shall be permitted to return to future meetings. The Mayor may also recess the meeting at any time during or after a breach of decorum in order to restore order. To facilitate an orderly meeting, the determination of the Mayor shall be final regarding all decorum matters unless appealed by another Councilmember in the manner and timing described in Robert’s Rules of Order, as amended from time to time. *** Section 2. This resolution shall take effect immediately upon adoption. 4 Resolution 23-15 PASSED AND ADOPTED this _______ day of September, 2023. ____________________________ Brian J. Aungst, Senior Mayor Approved as to form: Attest: __________________________ _____________________________ David Margolis Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9684-23 2nd rdg Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 12.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9684-23 on second reading, annexing certain unaddressed real property located on the north side of Tanglewood Drive approximately 675 feet west of Oak Creek Drive East, Clearwater, Florida 33761, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/31/2023 Ordinance No. 9684-23 ORDINANCE NO. 9684-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE NORTH SIDE OF TANGLEWOOD DRIVE APPROXIMATELY 675 FEET WEST OF OAK CREEK DRIVE EAST, IN CLEARWATER, FLORIDA 33761, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION, PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit “B” have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for Legal Description. (ANX2023-05005) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9684-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A Legal Description Unaddressed Tanglewood Dr, Clearwater, FL 33761, Parcel Number: 16-28-16-89752-000-0031 As Seen on Property Appraiser Tanglewood Estates PT of lot 3 Desc as from NW COR of SD lot TH E 195.11ft for the POB TH CONT E 211.89ft TH SW’LY 159.44ft TH W ALG N R/W of Tanglewood Dr 35.3ft TH NW’LY ALG SD N’LY R/W 64.19ft TH N19DW 131.7ft to POB. As Seen on Plat Survey A portion of Lot 3, Tanglewood Estates as shown on the Plat recorded in Plat Book 75, page 25 of the Public Records of Pinellas County Florida and being more particularly described as follows: Commence at the Northeast corner of said Lot 3; thence along the East boundary line of said Lot 3 South 29°00’00” West, a distance of 159.44 feet to the Northerly Right-of-Way line of Tanglewood Dr; thence along said Northerly Right-of-Way line the following two (2) courses and distances; (1) North 89°33’00” West, a distance of 35.81 feet; thence 64.18 feet along the arc of a curve to the left, said curve having a radius of 45.00 feet, a central angle of 81°43’17” and a chord of 58.88 feet, which bears North 74°09’55” West said point being on the Easterly boundary line of the parcel described in Official Records Book 10319, Page 1345 of said Public Records; thence along said easterly boundary line North 18°39’19” West, a distance of 131.70 feet to the North boundary line of said Lot 3; thence along said North boundary line South 89°32’45” East, a distance of 211.89 feet to the Point of Beginning. The above described parcel contains 0.46 acres more or less. Exhibit “B” PROPOSED ANNEXATION Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) LOCATION MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) AERIAL PHOTOGRAPH Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) EXISTING SURROUNDING USES MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) Detached Dwellings Detached Dwellings ANX2023-05005 Deborah E. Orsi Unaddressed Tanglewood Drive View looking north at subject property on Tanglewood Drive West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Tanglewood Drive View looking westerly along Tanglewood Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9685-23 2nd rdg- Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 12.5 SUBJECT/RECOMMENDATION: Adopt Ordinance. 9685-23 on second reading, amending the future land use plan element of the Comprehensive Plan of the City to designate the land use for certain unaddressed real property located on the north side of Tanglewood Drive approximately 675 feet west of Oak Creek Drive East, Clearwater, Florida 33761, upon annexation into the City of Clearwater, as Residential Estate (RE) and Drainage Feature Overlay. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/31/2023 Ordinance No. 9685-23 ORDINANCE NO. 9685-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE NORTH SIDE OF TANGLEWOOD DRIVE APPROXIMATELY 675 FEET WEST OF OAK CREEK DRIVE EAST, IN CLEARWATER, FLORIDA 33761, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL ESTATE (RE) AND DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for Legal Description. Residential Estate (RE), Drainage Feature Overlay (ANX2023-05005) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9684-23. Ordinance No. 9685-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A Legal Description Unaddressed Tanglewood Dr, Clearwater, FL 33761, Parcel Number: 16-28-16-89752-000-0031 As Seen on Property Appraiser Tanglewood Estates PT of lot 3 Desc as from NW COR of SD lot TH E 195.11ft for the POB TH CONT E 211.89ft TH SW’LY 159.44ft TH W ALG N R/W of Tanglewood Dr 35.3ft TH NW’LY ALG SD N’LY R/W 64.19ft TH N19DW 131.7ft to POB. As Seen on Plat Survey A portion of Lot 3, Tanglewood Estates as shown on the Plat recorded in Plat Book 75, page 25 of the Public Records of Pinellas County Florida and being more particularly described as follows: Commence at the Northeast corner of said Lot 3; thence along the East boundary line of said Lot 3 South 29°00’00” West, a distance of 159.44 feet to the Northerly Right-of-Way line of Tanglewood Dr; thence along said Northerly Right-of-Way line the following two (2) courses and distances; (1) North 89°33’00” West, a distance of 35.81 feet; thence 64.18 feet along the arc of a curve to the left, said curve having a radius of 45.00 feet, a central angle of 81°43’17” and a chord of 58.88 feet, which bears North 74°09’55” West said point being on the Easterly boundary line of the parcel described in Official Records Book 10319, Page 1345 of said Public Records; thence along said easterly boundary line North 18°39’19” West, a distance of 131.70 feet to the North boundary line of said Lot 3; thence along said North boundary line South 89°32’45” East, a distance of 211.89 feet to the Point of Beginning. The above described parcel contains 0.46 acres more or less. Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From : R-E, Residential Estate Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay Low Density Residential (LDR) LOCATION MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) AERIAL PHOTOGRAPH Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) EXISTING SURROUNDING USES MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) Detached Dwellings Detached Dwellings ANX2023-05005 Deborah E. Orsi Unaddressed Tanglewood Drive View looking north at subject property on Tanglewood Drive West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Tanglewood Drive View looking westerly along Tanglewood Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9686-23 2nd rdg- Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 12.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9686-23 on second reading, amending the Zoning Atlas of the City by rezoning certain unaddressed real property located on the north side of Tanglewood Drive approximately 675 feet west of Oak Creek Drive East, Clearwater, Florida 33761, upon annexation into the City of Clearwater, as Low Density Residential (LDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/31/2023 Ordinance No. 9686-23 ORDINANCE NO. 9686-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE NORTH SIDE OF TANGLEWOOD DRIVE APPROXIMATELY 675 FEET WEST OF OAK CREEK DRIVE EAST, IN CLEARWATER, FLORIDA 33761, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9684-23. Property Zoning District See attached Exhibit “A” for Legal Description Low Density Residential (LDR) (ANX2023-05005) Ordinance No. 9686-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A Legal Description Unaddressed Tanglewood Dr, Clearwater, FL 33761, Parcel Number: 16-28-16-89752-000-0031 As Seen on Property Appraiser Tanglewood Estates PT of lot 3 Desc as from NW COR of SD lot TH E 195.11ft for the POB TH CONT E 211.89ft TH SW’LY 159.44ft TH W ALG N R/W of Tanglewood Dr 35.3ft TH NW’LY ALG SD N’LY R/W 64.19ft TH N19DW 131.7ft to POB. As Seen on Plat Survey A portion of Lot 3, Tanglewood Estates as shown on the Plat recorded in Plat Book 75, page 25 of the Public Records of Pinellas County Florida and being more particularly described as follows: Commence at the Northeast corner of said Lot 3; thence along the East boundary line of said Lot 3 South 29°00’00” West, a distance of 159.44 feet to the Northerly Right-of-Way line of Tanglewood Dr; thence along said Northerly Right-of-Way line the following two (2) courses and distances; (1) North 89°33’00” West, a distance of 35.81 feet; thence 64.18 feet along the arc of a curve to the left, said curve having a radius of 45.00 feet, a central angle of 81°43’17” and a chord of 58.88 feet, which bears North 74°09’55” West said point being on the Easterly boundary line of the parcel described in Official Records Book 10319, Page 1345 of said Public Records; thence along said easterly boundary line North 18°39’19” West, a distance of 131.70 feet to the North boundary line of said Lot 3; thence along said North boundary line South 89°32’45” East, a distance of 211.89 feet to the Point of Beginning. The above described parcel contains 0.46 acres more or less. PROPOSED ZONING MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From : R-E, Residential Estate Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay Low Density Residential (LDR) LOCATION MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) AERIAL PHOTOGRAPH Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) EXISTING SURROUNDING USES MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) Detached Dwellings Detached Dwellings ANX2023-05005 Deborah E. Orsi Unaddressed Tanglewood Drive View looking north at subject property on Tanglewood Drive West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Tanglewood Drive View looking westerly along Tanglewood Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9694-23 2nd rdg Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 12.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9694-23 on second reading, annexing certain real property whose post office address is 1862 McCauley Road, Clearwater, Florida 33765, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/31/2023 Ordinance No. 9694-23 ORDINANCE NO. 9694-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCCAULEY ROAD APPROXIMATELY 790 FEET SOUTHEAST OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESS IS 1862 MCCAULEY ROAD CLEARWATER, FLORIDA 33765, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION, PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit “B” have petitioned the City of Clearwater to annex the property into the City pursuant to the Interlocal Service Boundary Agreement authorized by Section 171.204, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for Legal Description. (ANX2023-06006) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9694-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A ANX2023-06006, 1862 McCauley Road, 06-29-16-16848-000-0190 As Seen on Property Appraiser COACHMAN LAKES ESTATES PART OF LOT 19 DESC BEG MOST E'LY COR OF SD LOT 19 TH S62D14'10"W 347.74FT TO MOST S'LY LOT COR TH N22D28'47"E 47.59FT TH N46D25'00"W 87.88FT TH N43D17'37"E 340.92FT TH S32D10'16"E 207.50FT TH S30D34'48"E 17.50FT TO POB Coachman Lakes Estates, part of Lot 19, described beginning being the most Easterly corner of said Lot 19; Thence South 62°14’10” West, a distance of 347.74 feet to the most Southernly Lot corner; Thence North 22°28’47” East, a distance of 47.59 feet; Thence North 46°25’00” West, a distance of 87.88 feet; Thence North 43°17’37” East, a distance of 340.92 feet; Thence South 32°10’16” East a distance of 207.50 feet; Thence South 30°34’48” East, a distance of 17.50 feet to the Point of Beginning. The above-described parcel contains 1.261 acres more or less. Exhibit “B” PROPOSED ANNEXATION Owner(s): Ronald and Mireille Pollack Case: ANX2023-06006 Site: 1862 McCauley Road Property Size(Acres): ROW (Acres): 1.261 Land Use Zoning PIN: 06-29-16-16848-000-0190 From: R-E, Residential Estate Atlas Page: 263B To: Residential Estate (RE), Water Residential Estate (RE), Water Low Density Residential (LDR) LOCATION MAP Owner(s): Ronald and Mireille Pollack Case: ANX2023-06006 Site: 1862 McCauley Road Property Size(Acres): ROW (Acres): 1.261 Land Use Zoning PIN: 06-29-16-16848-000-0190 From: R-E, Residential Estate Atlas Page: 263B To: Residential Estate (RE), Water Residential Estate (RE), Water Low Density Residential (LDR) AERIAL PHOTOGRAPH Owner(s): Ronald and Mireille Pollack Case: ANX2023-06006 Site: 1862 McCauley Road Property Size(Acres): ROW (Acres): 1.261 Land Use Zoning PIN: 06-29-16-16848-000-0190 From: R-E, Residential Estate Atlas Page: 263B To: Residential Estate (RE), Water Residential Estate (RE), Water Low Density Residential (LDR) EXISTING SURROUNDING USES MAP Owner(s): Ronald and Mireille Pollack Case: ANX2023-06006 Site: 1862 McCauley Road Property Size(Acres): ROW (A ) 1.261 Land Use Zoning PIN: 06-29-16-16848-000-0190 From: R-E, Residential Estate Atlas Page: 263B To: Residential Estate (RE), Water Residential Estate (RE), Water Low Density Residential (LDR) Office Detached Dwellings ANX2023-06006 Ronald and Mireille Pollack 1862 McCauley Road View looking west at subject property on McCauley Road South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along McCauley Road View looking southerly along McCauley Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9695-23 2nd rdg Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 12.8 SUBJECT/RECOMMENDATION: Adopt Ordinance No. 9695-23 on second reading, amending the future land use plan element of the Comprehensive Plan of the City to designate the land use for certain real property whose post office address is 1862 McCauley Road, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Residential Estate (RE) and Water. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/31/2023 Ordinance No. 9695-23 ORDINANCE NO. 9695-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCCAULEY ROAD APPROXIMATELY 790 FEET SOUTHEAST OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESS IS 1862 MCCAULEY ROAD CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL ESTATE (RE) AND WATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for Legal Description. Residential Estate (RE), Water (ANX2023-06006) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9694-23. Ordinance No. 9695-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A ANX2023-06006, 1862 McCauley Road, 06-29-16-16848-000-0190 As Seen on Property Appraiser COACHMAN LAKES ESTATES PART OF LOT 19 DESC BEG MOST E'LY COR OF SD LOT 19 TH S62D14'10"W 347.74FT TO MOST S'LY LOT COR TH N22D28'47"E 47.59FT TH N46D25'00"W 87.88FT TH N43D17'37"E 340.92FT TH S32D10'16"E 207.50FT TH S30D34'48"E 17.50FT TO POB Coachman Lakes Estates, part of Lot 19, described beginning being the most Easterly corner of said Lot 19; Thence South 62°14’10” West, a distance of 347.74 feet to the most Southernly Lot corner; Thence North 22°28’47” East, a distance of 47.59 feet; Thence North 46°25’00” West, a distance of 87.88 feet; Thence North 43°17’37” East, a distance of 340.92 feet; Thence South 32°10’16” East a distance of 207.50 feet; Thence South 30°34’48” East, a distance of 17.50 feet to the Point of Beginning. The above-described parcel contains 1.261 acres more or less. Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): Ronald and Mireille Pollack Case: ANX2023-06006 Site: 1862 McCauley Road Property Size(Acres): ROW (Acres): 1.261 Land Use Zoning PIN: 06-29-16-16848-000-0190 From: Residential Estate (RE), Water R-E, Residential Estate Atlas Page: 263B To: Residential Estate (RE), Water Low Density Residential (LDR) LOCATION MAP Owner(s): Ronald and Mireille Pollack Case: ANX2023-06006 Site: 1862 McCauley Road Property Size(Acres): ROW (Acres): 1.261 Land Use Zoning PIN: 06-29-16-16848-000-0190 From: R-E, Residential Estate Atlas Page: 263B To: Residential Estate (RE), Water Residential Estate (RE), Water Low Density Residential (LDR) AERIAL PHOTOGRAPH Owner(s): Ronald and Mireille Pollack Case: ANX2023-06006 Site: 1862 McCauley Road Property Size(Acres): ROW (Acres): 1.261 Land Use Zoning PIN: 06-29-16-16848-000-0190 From: R-E, Residential Estate Atlas Page: 263B To: Residential Estate (RE), Water Residential Estate (RE), Water Low Density Residential (LDR) EXISTING SURROUNDING USES MAP Owner(s): Ronald and Mireille Pollack Case: ANX2023-06006 Site: 1862 McCauley Road Property Size(Acres): ROW (A ) 1.261 Land Use Zoning PIN: 06-29-16-16848-000-0190 From: R-E, Residential Estate Atlas Page: 263B To: Residential Estate (RE), Water Residential Estate (RE), Water Low Density Residential (LDR) Office Detached Dwellings ANX2023-06006 Ronald and Mireille Pollack 1862 McCauley Road View looking west at subject property on McCauley Road South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along McCauley Road View looking southerly along McCauley Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9696-23 2nd rdg Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 12.9 SUBJECT/RECOMMENDATION: Adopt Ordinance 9696-23 on second reading, amending the Zoning Atlas of the City by rezoning certain real property whose post office address is 1862 McCauley Road, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Low Density Residential (LDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/31/2023 Ordinance No. 9696-23 ORDINANCE NO. 9696-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCCAULEY ROAD APPROXIMATELY 790 FEET SOUTHEAST OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESS IS 1862 MCCAULEY ROAD CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: Property Zoning District See attached Exhibit “A” for Legal Description. Low Density Residential (LDR) (ANX2023-06006) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9694-23. Ordinance No. 9696-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A ANX2023-06006, 1862 McCauley Road, 06-29-16-16848-000-0190 As Seen on Property Appraiser COACHMAN LAKES ESTATES PART OF LOT 19 DESC BEG MOST E'LY COR OF SD LOT 19 TH S62D14'10"W 347.74FT TO MOST S'LY LOT COR TH N22D28'47"E 47.59FT TH N46D25'00"W 87.88FT TH N43D17'37"E 340.92FT TH S32D10'16"E 207.50FT TH S30D34'48"E 17.50FT TO POB Coachman Lakes Estates, part of Lot 19, described beginning being the most Easterly corner of said Lot 19; Thence South 62°14’10” West, a distance of 347.74 feet to the most Southernly Lot corner; Thence North 22°28’47” East, a distance of 47.59 feet; Thence North 46°25’00” West, a distance of 87.88 feet; Thence North 43°17’37” East, a distance of 340.92 feet; Thence South 32°10’16” East a distance of 207.50 feet; Thence South 30°34’48” East, a distance of 17.50 feet to the Point of Beginning. The above-described parcel contains 1.261 acres more or less. Exhibit “B” PROPOSED ZONING MAP Owner(s): Ronald and Mireille Pollack Case: ANX2023-06006 Site: 1862 McCauley Road Property Size(Acres): ROW (Acres): 1.261 Land Use Zoning PIN: 06-29-16-16848-000-0190 From: R-E, Residential Estate Atlas Page: 263B To: Residential Estate (RE), Water Residential Estate (RE), Water Low Density Residential (LDR) LOCATION MAP Owner(s): Ronald and Mireille Pollack Case: ANX2023-06006 Site: 1862 McCauley Road Property Size(Acres): ROW (Acres): 1.261 Land Use Zoning PIN: 06-29-16-16848-000-0190 From: R-E, Residential Estate Atlas Page: 263B To: Residential Estate (RE), Water Residential Estate (RE), Water Low Density Residential (LDR) AERIAL PHOTOGRAPH Owner(s): Ronald and Mireille Pollack Case: ANX2023-06006 Site: 1862 McCauley Road Property Size(Acres): ROW (Acres): 1.261 Land Use Zoning PIN: 06-29-16-16848-000-0190 From: R-E, Residential Estate Atlas Page: 263B To: Residential Estate (RE), Water Residential Estate (RE), Water Low Density Residential (LDR) EXISTING SURROUNDING USES MAP Owner(s): Ronald and Mireille Pollack Case: ANX2023-06006 Site: 1862 McCauley Road Property Size(Acres): ROW (A ) 1.261 Land Use Zoning PIN: 06-29-16-16848-000-0190 From: R-E, Residential Estate Atlas Page: 263B To: Residential Estate (RE), Water Residential Estate (RE), Water Low Density Residential (LDR) Office Detached Dwellings ANX2023-06006 Ronald and Mireille Pollack 1862 McCauley Road View looking west at subject property on McCauley Road South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along McCauley Road View looking southerly along McCauley Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1105 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 15.1 SUBJECT/RECOMMENDATION: Run-off Elections - Mayor Aungst, Sr. SUMMARY: Page 1 City of Clearwater Printed on 8/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1106 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 15.2 SUBJECT/RECOMMENDATION: Tampa Bay Estuary Program Update - Councilmember Beckman SUMMARY: Page 1 City of Clearwater Printed on 8/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1010 Agenda Date: 9/5/2023 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.1 SUBJECT/RECOMMENDATION: Fire Oaths SUMMARY: Shawn Binion (Fire Medic) Fisher Davis (Firefighter) Nicholas Steadman (Fire Medic) Joseph Jummati (Fire Medic) Tristan Robey (Firefighter) Zachary Watt (Firefighter) William Thomas (Fire Medic) Jose Quinones (Firefighter) Docho Florov (Fire Medic) Michael Sadok (Fire Medic) William Ramsey (Fire Medic) APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/31/2023