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11/02/2023Thursday, November 2, 2023 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Pinellas County, 333 Chestnut Street, Palm Room, Clearwater, FL 33756 City Council Meeting Agenda November 2, 2023City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1) eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. All comments received by 5:00 p.m. the day before the meeting will become part of the official record. 2) Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the meeting will become part of the official record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 National Veterans Small Business Week Proclamation, October 30, 2023 - Nov. 3, 2023 - Christopher Odgers, Legislative Affairs Chair for the State Board and Tampa Bay Chapter of the Florida Association of Veteran Owned Businesses 4.2 Suncoast Jazz Festival Weekend Proclamation, November 17 - 19, 2023 - Joan Dragon, Suncoast Jazz Festival, Exec. Director 4.3 2023 Charter Review Committee Final Report - Chair Nathan Hightower 4.4 State of the City - Jennifer Poirrier, City Manager Page 2 City of Clearwater Printed on 10/31/2023 November 2, 2023City Council Meeting Agenda 5. Approval of Minutes 5.1 Approve the minutes of the October 18, 2023 city council meeting as submitted in written summation by the City Clerk. 5.2 Approve the October 2, 2023 special city council meeting minutes as submitted in written summation by the City Clerk. 6. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 6.1 Approve the collective bargaining agreement as negotiated between the City of Clearwater and Communication Workers of America, Local 3179 (CWA), from October 1, 2023 through September 30, 2026 and authorize the appropriate officials to execute same. (consent) 6.2 Approve a proposal by Construction Manager at Risk Khors Construction Inc., of Pinellas Park Florida, for renovations and structural repairs at BayCare Ballpark in the amount of $1,344,526.45; transfer $600,000.00 of Penny for Pinellas Funds at first quarter from C2001-Athletic Fields and Facility Renovations to M2204-Carpenter and Baycare Repair and Replacement, and authorize the appropriate officials to execute same (consent) 6.3 Approve purchase orders to multiple vendors for the acquisition of library books and materials in the cumulative not-to-exceed amount of $490,000.00, for the term October 1, 2023 through September 30, 2024, pursuant to Clearwater Code of Ordinance Section 2.563(1)(c), Piggyback and cooperative purchases, and authorize the appropriate officials to execute same (consent). 6.4 Authorize a purchase order to Azteca Systems Holdings, LLC dba Azteca Systems, LLC (Azteca) of Sandy, UT for computerized maintenance and management system (CMMS) software in the amount of $390,000.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback or cooperative purchasing, and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 10/31/2023 November 2, 2023City Council Meeting Agenda 6.5 Approve a contract with Black and Veatch of Overland Park, KS for project management and software implementation services in support of a computerized maintenance management system (CMMS) for Public Utilities and on-going configuration maintenance and support for a three-year term, beginning November 1, 2023 through October 31, 2026, in the not to exceed amount of $1,987,209.00 pursuant to RFP 36-23 and authorize the appropriate officials to execute same. (consent) 6.6 Approve an agreement with Noverant, Inc. of Raleigh, NC, for a learning management system (LMS) application and content subscription in the amount of $316,680.00 for a three-year term, November 2, 2023 through November 1, 2026, pursuant to Request for Proposals (RFP) 32-23 Learning Management System and authorize the appropriate officials to execute same. (consent) 6.7 Approve an increase to Pinellas County for the Joint Project Agreement (JPA) 001034A between Pinellas County and the City of Clearwater for the Reclaimed Water Pipe Repair on Old Coachman Rd., Project 17-0056-UT in the amount of $87,897.48 for a new project total of $594,480.48 and authorize the appropriate officials to execute same. (consent) 6.8 Authorize purchase orders to Advanced Environmental Laboratories, Inc. of Tampa, FL and Pace Analytical Services, LLC of Ormond Beach, FL in a cumulative annual not-to-exceed amount of $700,000.00 with the option for three, one-year renewals pursuant to ITB 52-23, Laboratory Services, and authorize the appropriate officials to execute same. (consent) 6.9 Authorize purchase orders to multiple vendors for the purchase of vehicle parts for heavy and light duty city vehicles and equipment in the not-to-exceed amount of $1,700,000.00 for term October 1, 2023 through September 30, 2024 pursuant to Clearwater Code of Ordinances Section 2.563(1)(a) Single source, Section 2.563 (1)(b) Micro purchases, and Section 2.563 (1)(c) Piggyback and authorize the appropriate officials to execute same. (consent) 6.10 Approve purchase order to Communications International of Vero Beach, FL for the maintenance and repair of the citywide two-way radio communication system and equipment in the amount of $184,002.00 for term 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). 6.11 Reappoint Meg Taylor to the Nuisance Abatement Board with a term to expire September 1, 2027. (consent) 6.12 Appoint Melinda Bacon to the Sister Cities Advisory Board, as the Clearwater Arts Alliance representative, with a term to expire October 31, 2027. (consent) 6.13 Reappoint Charles Engel to the Municipal Code Enforcement Board with a term to expire October 31, 2026. (consent) Page 4 City of Clearwater Printed on 10/31/2023 November 2, 2023City Council Meeting Agenda 6.14 Approve the Third Amendment to Contract for Purchase of Real Property, extending the due diligence period regarding Gotham and DeNunzio’s purchase of the old City Hall site, and authorize the appropriate officials to execute same. (consent) Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 Adopt Ordinance 9706-23 on second reading, annexing certain real property whose post office address is 210 Meadow Lark Lane, Clearwater, Florida 33759, together with an unaddressed parcel located on the west side of Meadow Lark Lane approximately 760 feet north of Gulf to Bay Boulevard, together with all unincorporated right-of-way of Kentucky Avenue and an unnamed alley, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 7.2 Adopt Ordinance No. 9707-23 on second reading, amending the future land use plan element of the Comprehensive Plan of the City to change the land use for certain real property whose post office address is 210 Meadow Lark Lane, Clearwater, Florida 33759, together with an unaddressed parcel located on the west side of Meadow Lark Lane approximately 760 feet north of Gulf to Bay Boulevard, from Residential Urban (RU) (in Pinellas County) to Institutional (I), upon annexation into the City of Clearwater. 7.3 Adopt Ordinance No. 9708-23 on second reading, amending the Zoning Atlas of the City by rezoning certain real property whose post office address is 210 Meadow Lark Lane, Clearwater, Florida 33759, together with an unaddressed parcel located on the west side of Meadow Lark Lane approximately 760 feet north of Gulf to Bay Boulevard, from R-3, Single Family Residential (in Pinellas County) to Institutional (I) upon annexation into the City of Clearwater. 7.4 Adopt Ordinance 9709-23 on second reading, annexing certain real property whose post office address is 3121 Downing Street, Clearwater, Florida 33759, together with all unincorporated right-of-way of Downing Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 7.5 Adopt Ordinance No. 9710-23 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 3121 Downing Street, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Urban (RU). Page 5 City of Clearwater Printed on 10/31/2023 November 2, 2023City Council Meeting Agenda 7.6 Adopt Ordinance No. 9711-23 on second reading, amending the Zoning Atlas of the City by rezoning certain real property whose post office address is 3121 Downing Street, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 7.7 Adopt Ordinance No. 9712-23 on second reading, amending Community Development Code Articles 3 and 4, Appendix B, and Appendix C to comply with Senate Bill 250: Natural Emergencies. 7.8 Adopt Ordinance 9718-23 on second reading, annexing certain real property whose post office address is 2713 State Road 590, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 7.9 Adopt Ordinance No. 9719-23 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 2713 State Road 590, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 7.10 Adopt Ordinance No. 9720-23 on second reading, amending the Zoning Atlas of the City by rezoning certain real property whose post office address is 2713 State Road 590, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 7.11 Adopt Ordinance No. 9728-23 on second reading, proposing an amendment to the City Charter, changing the date of Clearwater’s municipal election, beginning in 2026, to coincide with state and federal primary elections, creating a run-off election for each seat in which no candidate receives more than fifty percent of the vote in the municipal election, and modifying the dates for candidate qualification, commencement and expiration of office and other time periods as necessary. Page 6 City of Clearwater Printed on 10/31/2023 November 2, 2023City Council Meeting Agenda 8. Citizens to be heard re items 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 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. 9. City Manager Reports 9.1 Approve Second Amendment to Sublease Agreement (Sublease Number 4799-002) providing to AMPLIFY Clearwater, as Sublessee, an amount not to exceed $250,000 for interior improvements to the property located at 3204 Gulf to Bay Boulevard and authorize the appropriate officials to execute same. 9.2 Amend Clearwater Code of Ordinances, Chapter 21, Offenses, repealing Section 21.18 relating to prohibiting soliciting, begging, or panhandling in the Clearwater Downtown Core Redevelopment Zone and the Clearwater Beach Core Tourist Zone and pass Ordinance 9727-23 on first reading. 9.3 Determine that two parcels of real property owned by the City and recorded in O.R. Book/Pages 3308/514 and 6275/724 at 110 N McMullen Booth Road, in Pinellas County, Florida, are uneconomic remainders of land as defined in City Charter Section 2.01(d)(5)(i), approve the sale for less than fair market value to the adjoining landowner, and authorize the appropriate officials to execute same. 10. City Attorney Reports 11. Other Council Action 11.1 Council Agenda Calendar - Councilmember Teixeira 12. Closing comments by Councilmembers (limited to 3 minutes) 13. Closing Comments by Mayor 14. Adjourn Page 7 City of Clearwater Printed on 10/31/2023 November 2, 2023City Council Meeting Agenda Page 8 City of Clearwater Printed on 10/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1347 Agenda Date: 11/2/2023 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: National Veterans Small Business Week Proclamation, October 30, 2023 - Nov. 3, 2023 - Christopher Odgers, Legislative Affairs Chair for the State Board and Tampa Bay Chapter of the Florida Association of Veteran Owned Businesses SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1348 Agenda Date: 11/2/2023 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Suncoast Jazz Festival Weekend Proclamation, November 17 - 19, 2023 - Joan Dragon, Suncoast Jazz Festival, Exec. Director SUMMARY: APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 10/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1422 Agenda Date: 11/2/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 4.3 SUBJECT/RECOMMENDATION: 2023 Charter Review Committee Final Report - Chair Nathan Hightower SUMMARY: Page 1 City of Clearwater Printed on 10/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1246 Agenda Date: 11/2/2023 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.4 SUBJECT/RECOMMENDATION: State of the City - Jennifer Poirrier, City Manager SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/31/2023 ANNUALBUDGETCALENDAR 1 1 J MANcti v4 \ tto 40 AlitCOIw ti#411* y M4111 J / PreparationofCapitalImprovement CIP) Budgets EachCityDepartmentwillreviewthesix-year capitalplanandcreatebudgetsforlargeor reoccurringprojects. Examplesofcapitalimprovementprojects includeroadresurfacing, infrastructurerepair andreplacement, andconstructionor renovationsofpublicfacilities. StrategicDirection/PlanningSession(s) TheCityCouncilwillconveneabudgetstrategy meetingtoexaminedepartmentalworkplans andprojectsfortheupcomingfiscalyear, review financialforecastofmajoroperatingfunds, and finalizestrategicprioritiesandobjectives. ThismeetingisrequiredperCityCouncilpolicy 3-11tobeconductedannuallypriorto June1stofeachyear. FOyFO9MlNGGOTAL51 ry 4vtlyvJE`' tv2FNc6HpusING PreparationofOperatingBudgets EachCityDepartmentwillprepareanannual operatingbudget. Examplesofexpensesfundedbyoperating budgetsincludeemployeesalaries & benefits, materialsandmaintenancecosts, paymentsfor debtobligations, professionalservicefees, andinsurancepremiums. 1ReceiptofPreliminaryTaxableValues ThePinellasCountyPropertyAppraiserwillprovide propertyvalueestimatestothecity, whichwillbe utilizedtocalculateAdValoremTaxrevenuesfor inclusioninthepreliminarybudget. TheOfficeofManagement & Budgetwillpublish thePreliminaryBudgetbyJulylstofeachyear. 0AdValoremTaxesremainthelargest sourceofrevenueforthecity'sGeneralFund. 1 1 1 PreliminaryBudgetPresentation TheCityManagerwillpresentthe PreliminaryOperatingandCapitalBudget totheCityCouncil. Thepurposeofthismeeting istoreviewrevenueprojections, anticipated expenses, anddiscusskeyassumptionsthat underlietherecommendedbudget. TheCityCouncilwillsetthepreliminarymillage ratethatispublishedinresidentTRIMnotices. SpecialBudgetWorkSession TheCityCouncilwillholdaspecialwork sessionwiththeintentionofdeliberatingon potentialrevisionstothepreliminarybudget asinitiallypresented. PublicHearingsonthePreliminaryBudgetand PennyforPinellasProjects Theinitialandfinalpublichearingsforthe PreliminaryOperatingandCapitalBudgetwill takeplaceintwodistinctmeetingsduringthe monthofSeptember. Thesemeetingsareintended tosecureapprovalforthebudgetandPennyfor PinellasProjectlist. 11t4Lj.q 1119,fry3 HOWTOGETINVOLVED REVIEWBUDGETDOCUMENTS AccessClearwater'sStrategicPlanandbudgetdocumentstounderstandthe proposedbudgetanditsallocationofresources. Formoreinformationgoto: www. myclearwater.com/My-Government/City-Departments/Finance-Budget- Utility-Customer-Service/Office-of-Management-Budget ATTENDPUBLICMEETINGS Attendpublichearings, budgetworkshops, andcouncilmeetingswherebudget discussionstakeplace. Thisisanopportunitytoobserveandprovideinput. PROVIDEPUBLICINPUT Participateinpubliccommentsessionsduringbudgetmeetings. Expressyour concerns, priorities, andsuggestionsrelatedtothebudget. Formoreinformationgoto: www.myclearwater.com/My-Government/Meeting-Agendas-Records-and- Documents/Watch-City-Meetings-View-Meeting-Calendars ENGAGEWITHELECTEDOFFICIALS ContactmembersoftheCityCounciltovoiceyourbudget -related concernsandideas. MayorBrianJ. AungstSr. Brian.Aungst@MyClearwater.com CouncilmemberMarkBunker Mark.Bunker@MyClearwater.com CouncilmemberKathleenBeckman Kathleen.Beckman@MyClearwater.com Councilphone 727) 562-4050 CouncilmemberDavidAllbritton David.Allbritton@MyClearwater.com CouncilmemberLinaTeixeira Lina.Teixeira@MyClearwater.com OfficeoftheMayor OfficesoftheCityCouncil P0. Box4748 Clearwater, FL33758-4748 JOINADVISORYBOARDS Clearwaterhasseveralcitizenadvisorycommitteesthatservethecity. ThepurposeofeachadvisoryboardistoadvisetheCityCouncilonvarious issuesthataffectthecommunityandtoprovideresidentfeedback Formoreinformationgoto: https://clearwater.granicus.com/boards/w/2c8293664e037f20/vacancies CLEARWATER BRIGHTANDBEAUTIFUJL• BAY11DBEACH State of the City Fiscal Year 2022-23 Jennifer Poirrier Clearwater City Manager Nov. 2, 2023 What WeWill Cover •Financial Health •Accomplishments •Next Steps Our Financial Health FinancialHealth All funds are currently in compliance $190.7M General Fund Revenues Property Tax, 43% Franchise/Utility, 16% Intergovernmental, 16% Charges for Service, 9% Transfers In, 7% Other, 3% Other Taxes, 6% 1,684 Permanent 1,623 Full-time 61 Part-time 365 Temporary 20 Depts Our Workforce $200.9M General Fund Expenditures Public Safety, 44% Quality of Life, 24% Admin/Other, 22% Public Works, 6%Planning & Development, 4% Our Accomplishments Clearwater’s New Strategic Plan Coachman Park North Greenwood CRA Recycling Overhaul Affordable Housing ARPA Funding Best Fleet in America Capital Construction Citizenship Program Diversity Celebrations Diversity Celebrations Energy Savings Growth of Gas Service Mental Health Initiatives New Airpark Lease New Fire Engines New Sister City Relationship Police and Public Transparency Public Art Investment Sidewalk Safety Take Stock in Children Technology Improvements Water Service Our Next Steps Next Steps •Review Strategic Plan •City Hall Construction •Phillies Contract •Housing Study Results •New Pay Plan •Launch Employee-Retention Efforts •Dashboards and Asset Management •Host a Services Fair •Public Works Complex Next Steps State of the City Fiscal Year 2022-23 Jennifer Poirrier Clearwater City Manager Nov. 2, 2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1392 Agenda Date: 11/2/2023 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the October 18, 2023 city council meeting as submitted in written summation by the City Clerk. Page 1 City of Clearwater Printed on 10/31/2023 City Council Meeting Minutes October 18, 2023 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Wednesday, October 18, 2023 6:00 PM Pinellas County - 315 Court Street, Assembly Room, Clearwater, FL 33756 City Council Draft City Council Meeting Minutes October 18, 2023 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Brian Aungst Sr., Vice Mayor Mark Bunker, Councilmember David Allbritton, Councilmember Kathleen Beckman and Councilmember Lina Teixeira Also Present: Jennifer Poirrier – City Manager, Michael Delk – Assistant City Manager, David Margolis – City Attorney, Rosemarie Call – City Clerk and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Aungst, Sr. The meeting was called to order at 6:00 p.m. 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 Keeping the Lights on After School Day Proclamation, Oct. 26, 2023 - Amy Shore, Director of Development and Marketing, R'Club Child Care, Inc. 4.2 Red Ribbon Week Proclamation, October 23-31, 2023 - Michele Edwards, Clearwater Neighborhood Family Center, Special Projects and Rising Above Committee Coordinator 5. Approval of Minutes 5.1 Approve the September 21, 2023 city council meeting minutes as submitted in written summation by the City Clerk. Councilmember Allbritton moved to approve the September 21, 2023 city council meeting minutes as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Consent Agenda – Approved as submitted. Draft City Council Meeting Minutes October 18, 2023 Page 3 City of Clearwater 6.1 Ratify and confirm a not-to-exceed amount of $6,227,000.00 for the Main Library restoration and repair, consisting of an estimated $5,821,493.10 to ServPro of Largo as the general contractor for the remediation, recovery and repair work; $400,000.00 to Thyssen Krupp for elevator repairs; and $4,820.00 to American Dream for initial recovery services. (consent) 6.2 Award a purchase order to Sunbelt Sod and Grading Co. and Tom’s Sod Service, Inc. for athletic field sod and installation in the cumulative annual amount of $170,000.00 with two, one-year renewal options pursuant to Invitation to Bid 46-23, Athletic Field Sod and Installation and authorize the appropriate officials to execute same. (consent) 6.3 Approve an agreement and purchase order with Axon Enterprise, Inc of Scottsdale, AZ, for the renewal and consolidation of Axon agreements for Body-Worn Cameras, Interview Room Cameras, upgraded Taser 10 equipment, along with associated electronic evidence storage, licensing, maintenance, and training in the amount of $3,390,302.55, in accordance with Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 6.4 Approve purchase orders to Tip Top Tree Experts LLC, of Weirsdale, FL, and TreesForYou.com, Inc. of Belleair Beach, FL, for palm tree pruning on a unit basis in the annual cumulative amount of $216,000.00 for one year with two, one-year renewal options pursuant to Invitation to Bid (ITB) 42-23 and authorize the appropriate officials to execute same. (consent) 6.5 Approve a Purchase Order to Americas Generators, Inc. of Miami, Florida, for portable and mobile generators in a not-to-exceed amount of $675,990.00 pursuant to ITB 56-23 Portable and Mobile Generators and authorize the appropriate officials to execute the same. (consent) 6.6 Approve a Purchase Order to Consulting Engineering, Inc. of Kalispell, MT for acoustic leak detection in the amount of $200,000.00 pursuant to ITB 05-23, Acoustic Leak Detection, and authorize the appropriate officials to execute same. (consent) 6.7 Declare list of vehicles and equipment surplus and authorize disposal through auction pursuant to Clearwater Code of Ordinances Section 2.623(6) and (8) and authorize the appropriate officials to execute same. (consent) 6.8 Authorize purchase order(s) to multiple vendors as listed, for the maintenance, purchase and rental of generators, replacement parts, and services from October 1, 2023 through the duration of the respective contract term or through February 3, 2025, whichever comes first, in the cumulative not to exceed amount of $1,590,000.00 pursuant to Clearwater Code of Ordinances Sections 2.563(1)(a) ,Single Source, and 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same.(consent) 6.9 Approve an increase to existing purchase order(s) for various roof repairs and Draft City Council Meeting Minutes October 18, 2023 Page 4 City of Clearwater replacements for the final term, October 1, 2023 through September 30, 2024, in the cumulative amount of $500,000.00, bringing the total amount to $1,000,000.00, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback or cooperative purchasing, and authorize the appropriate officials to execute same. (consent) 6.10 Authorize purchase order(s) to Shaw Industries, Inc, of Dalton, GA and Complete Floor Care Solutions, Inc. of Tampa, FL for various floor repairs and replacements, in the cumulative not-to-exceed amount of $500,000.00 through September 30, 2024, pursuant to Clearwater Code of Ordinances Section 2.563(1)(a) Single Source and 2.563(1)(c) Piggyback and authorize the appropriate officials to execute same. (consent) 6.11 Award a Purchase order to Jet Age Fuel, Inc. of Clearwater, FL, for the purchase of unleaded and diesel fuel and Palmdale Oil Company LLC for the purchase of Ultra Low Sulfur Diesel, Red Dye in the cumulative annual amount of $3,200,000.00 for one year with three, one-year renewal options pursuant to Invitation to Bid (ITB) 50-23 and authorize the appropriate officials to execute same. (consent) 6.12 Approve an increase to Purchase Order with Maire Company (Maire) for services provided under the lease agreement as well as certain additional work outside of the lease in the amount of $181,240, for the second term beginning October 1, 2023 through September 30, 2024, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-Competitive Purchases, and authorize the appropriate officials to execute same. (consent) Councilmember Teixeira moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3121 Downing Street, together will all unincorporated right-of-way of Downing Street, and pass Ordinances 9709-23, 9710-23, and 9711-23 on first reading. (ANX2023-07008) This voluntary annexation petition involves a 0.212-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the south side of Downing Street approximately 260 feet east of South McMullen Booth Road. The property was recently developed with a detached dwelling under Pinellas County’s jurisdiction, and annexation is required in order to receive sanitary sewer and solid waste service from the city. The Development Review Committee is proposing that the 0.68-acres of Downing Street Draft City Council Meeting Minutes October 18, 2023 Page 5 City of Clearwater right-of-way not currently within the city limits also be annexed. The property is contiguous to existing city boundaries to the south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water and sanitary sewer service from the city. The required sewer impact fee has been paid in full and the property was connected to the city’s closest sanitary sewer line located in the adjacent Downing Street right-of-way at the time of construction. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #49 located at 565 Sky Harbor Drive. The city has adequate capacity to serve this property with solid waste, police, and fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.2.2 Future land use in the City of Clearwater shall be guided by the city’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the city’s Community Development Code. Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. Draft City Council Meeting Minutes October 18, 2023 Page 6 City of Clearwater • The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city boundaries to the south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Ordinances 9709-23, 9710-23, and 9711-23 were presented and read by title only. Vice Mayor Bunker moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3121 Downing Street, together will all unincorporated right-of-way of Downing Street, and pass Ordinances 9709-23, 9710-23, and 9711-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 7.2 Approve amendments to the Community Development Code, rescinding certain previously adopted amendments determined to be null and void ab initio pursuant to Florida Senate Bill 250 (2023), and pass Ordinance 9712-23 on first reading. City Council approved Ordinance No. 9643-23 on April 4, 2023, making a variety of amendments to the Community Development Code. Subsequent to this approval, the Florida Legislature prepared Senate Bill 250, which the Governor signed into law on June 28, 2023. Senate Bill 250 places certain restrictions on municipalities entirely or partially within 100 miles of where either Hurricanes Ian or Nicole made landfall. More specifically, the bill states that municipalities may not “propose or adopt more restrictive or burdensome amendments to their comprehensive plan or land development regulations” prior to October 1, 2024, and applies this restriction retroactively to September 28, 2022. The bill further declares that any such amendment “shall be null and void ab initio”. Portions of Ordinance No. 9643-23 may be “more restrictive or burdensome” Draft City Council Meeting Minutes October 18, 2023 Page 7 City of Clearwater and therefore are void and have no legal effect. Proposed Ordinance No. 9712-23 rescinds those sections of the Community Development Code, reverting to the codified language that existed prior to April 4, 2023 (i.e., when Ordinance No. 9643-23 was adopted). The Planning and Development Department has determined that the proposed text amendments to the Community Development Code are consistent with and further the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report.    The Community Development Board, in its capacity as the Local Planning Agency (LPA), will review the proposed amendments to the Community Development Code at its meeting on September 19, 2023. Staff will report its recommendation at the city council meeting. Ordinance 9712-23 was presented and read by title only. Councilmember Beckman moved to approve amendments to the  Community Development Code, rescinding certain previously adopted amendments determined to be null and void ab initio pursuant to Florida Senate Bill 250 (2023), and pass Ordinance 9712-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 7.3 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2713 State Road 590, and pass Ordinances 9718-23, 9719-23, and 9720-23 on first reading. (ANX2023-08009) This voluntary annexation petition involves a 0.298-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the southeast corner of State Road 590 and West Virginia Lane. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the city. The property is contiguous to existing city boundaries to the north and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water service from Pinellas County. The Draft City Council Meeting Minutes October 18, 2023 Page 8 City of Clearwater closest sanitary sewer line is located in the adjacent West Virginia Lane right-of-way. The applicant has not paid the city's sewer impact and assessment fees and is aware of the additional costs to extend city sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 North Belcher Road. The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The property will continue to receive water service from Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.2.2 Future land use in the City of Clearwater shall be guided by the city’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the city’s Community Development Code. Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Draft City Council Meeting Minutes October 18, 2023 Page 9 City of Clearwater Plan and the city’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city boundaries to the north and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Ordinances 9718-23, 9719-23, and 9720-23 were presented and read by title only. Councilmember Allbritton moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2713 State Road 590, and pass Ordinances 9718-23, 9719-23, and 9720-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 7.4 Repeal the Clearwater Comprehensive Plan and adopt a new Comprehensive Plan entitled Clearwater 2045 to replace it and pass Ordinance 9721-24 on first reading. (CPA2023-06001) Florida law requires all local governments to prepare, adopt, and enforce long-range comprehensive plans through the “Local Government Comprehensive Plan and Land Development Regulation Act”. Chapter 163, Florida Statutes (F.S.), is part of the State’s growth management laws that govern comprehensive plans requiring jurisdictions to include elements on future land use; housing; transportation; recreation and open space; conservation; coastal management; general sanitary sewer, solid waste, drainage, potable water, and natural groundwater (public utilities); intergovernmental coordination; private property rights; and capital improvements. Proposed Ordinance 9721-24 repeals the current Clearwater Comprehensive Plan that was adopted May 18, 2000, and subsequently amended, and replaces it with a new plan, Clearwater 2045. Clearwater 2045 is an extensive rewrite of the Comprehensive Plan with significant restructuring and moves away from the current use of elements by dividing the plan into six chapters: Quality Places, Mobility, Parks & Public Places, Conservation & Coastal Management, Support Services, and Plan Implementation. Individual elements are identified within each chapter and are interrelated and consistent with the requirements of Chapter 163, F.S. Draft City Council Meeting Minutes October 18, 2023 Page 10 City of Clearwater Clearwater 2045 is formatted to include goals, objectives, and policies in each chapter where goals are high level statements of what is desired to be achieved, objectives set the specific direction towards accomplishing the goal, and the policies are the steps taken to meet the objective. The current Comprehensive Plan was used as a guide and starting point in developing Clearwater 2045 so many of the goals, objectives, and policies have been carried over from the current plan and updated to better address today’s needs. New goals, objectives, and policies have been created to address changes in the City of Clearwater to focus more on infill development and redevelopment, equity, housing opportunities, emerging trends and technologies, active transportation, and sustainability and resiliency. Some of these topics are interconnected and are covered in more than one chapter of the plan. Further detail on the proposed amendment and a brief overview of each chapter is provided in the staff report and Ordinance No. 9721-24.    The Planning and Development Department has determined that the proposed Comprehensive Plan amendment is consistent with and furthers the goals, objectives, and policies of the Comprehensive Plan as outlined in the staff report. The Community Development Board will review the proposed amendment to the Comprehensive Plan at a special meeting on October 3, 2023. Staff will report its recommendation at the City Council meeting. Clearwater 2045 also provides support for many of the objectives in the city’s Strategic Plan. The Quality Places and Support Services Chapters provide goals, objectives, and policies to achieve a High Performing Government through embracing arts and culture, providing safe and healthy communities, and maintaining infrastructure, mobility systems, historic resources, and the natural environment and its features. The Quality Places Chapter provides support to achieve Economic & Housing Opportunity by creating and supporting economic development and housing programs and opportunities. The Quality Places and Conservation and Coastal Management Chapters provide provisions for Community Well-Being through supporting neighborhood identity, preserving community livability, and creating and expanding community engagement, education, and volunteerism. The Mobility, Conservation and Coastal Management, and Support Services Chapters provide support to create Environmental Stewardship through supporting resiliency and sustainability, encouraging use of renewable resources and waste reduction, protecting green spaces, and developing active transportation options to reduce citywide greenhouse gas emissions. As this is a text amendment to the Clearwater Comprehensive Plan, review and approval by the Florida Department of Commerce (DOC), formerly the Department of Economic Opportunity (DEO), is required. As part of the state review, the proposed amendment will be transmitted to the various state agencies and Pinellas County for review prior to second reading (adoption) by City Council, which is anticipated to occur in January of 2024. Planning Division Manager Jayme Lopko provided a PowerPoint presentation. Draft City Council Meeting Minutes October 18, 2023 Page 11 City of Clearwater One individual spoke in support. One individual expressed concerns with the constitutionality of reclaimed water. Ordinance 9721-24 was presented and read by title only. Vice Mayor Bunker moved to repeal the Clearwater Comprehensive Plan and adopt a new Comprehensive Plan entitled Clearwater 2045 to replace it and pass Ordinance 9721-24 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 7.5 Approve the annexation for 210 Meadow Lark Lane, together with an unaddressed parcel on Meadow Lark Lane, together with all unincorporated right-of-way of Kentucky Avenue and an unnamed alley and pass Ordinance 9706-23 on first reading. (ANX2023-06007) This voluntary annexation petition involves 0.540-acres of property consisting of two parcels of vacant land. The properties are located on the west side of Meadow Lark Lane approximately 820 feet north of Gulf to Bay Boulevard. The applicant is requesting annexation in order to receive water, sanitary sewer, and solid waste service from the city. The Development Review Committee is proposing that the 0.240-acres of Kentucky Avenue right-of-way and an unnamed alley not currently within the city limits also be annexed. The properties are contiguous to existing city boundaries to the north, west, and east. The applicant has also submitted applications to change the properties Future Land Use Map designations of Residential Urban (RU) (Pinellas County) to Institutional (I) (LUP2023-06002) and to rezone the properties from R-3 Single Family Residential (Pinellas County) to Institutional (I) (REZ2023-06001) upon annexation into the City of Clearwater. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • Water, sanitary sewer, and solid waste service will be provided to these properties by the city. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station #49 located at 565 Sky Harbor Drive. The city has adequate capacity to serve these Draft City Council Meeting Minutes October 18, 2023 Page 12 City of Clearwater properties with water, sanitary sewer, solid waste, police, and fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives of the Clearwater Comprehensive Plan: Objective A.2.2 Future land use in the City of Clearwater shall be guided by the city’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the city’s Community Development Code. Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. The properties proposed for annexation are contiguous to existing city boundaries to the north, west, and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Mayor Aungst, Sr. recused himself for Items 7.5, 7.6, and 8.1 and departed chambers at 6:28 p.m. Ordinance 9706-23 was presented and read by title only. Councilmember Beckman moved to approve the annexation for 210 Meadow Lark Lane, together with an unaddressed parcel on Meadow Lark Lane, together with all unincorporated right-of-way of Kentucky Avenue and an unnamed alley and pass Ordinance 9706-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 7.6 Approve a Future Land Use Map Amendment from the Residential Urban (RU) (Pinellas County) category to the Institutional (I) category for 210 Meadow Lark Lane and an Draft City Council Meeting Minutes October 18, 2023 Page 13 City of Clearwater unaddressed parcel on Meadow Lark Lane and pass Ordinance 9707-23 on first reading. (LUP2023-06002) This Future Land Use Map Amendment involves two parcels of land totaling 0.540-acres located on the west side of Meadow Lark Lane approximately 820 feet north of Gulf to Bay Boulevard. The applicant, First Baptist Church of Clearwater, Inc., is requesting to amend the future land use category of the properties from Residential Urban (RU) (Pinellas County) to Institutional (I). The applicant has indicated that the properties will be used for a softball field, but no site plans have been submitted at this time. The parcels are within Pinellas County’s jurisdiction, and the applicant has submitted a Petition for Annexation (see ANX2023-06007), and a Zoning Atlas Amendment application (REZ2023-06001) which are being processed concurrently with this case. The subject parcels are currently vacant as the prior existing structures were demolished in mid-2023, according to demolition permits filed with Pinellas County. Prior to demolition, the northern parcel was developed with two detached dwellings, while the southern parcel has historically been vacant. The church has continued to purchase residential properties in the areas adjacent to and in vicinity of its 41.016-acre main parcel which includes Calvary Baptist Church, Calvary Christian High School, athletic facilities, and other institutional uses that support the church. As this expansion has occurred over time, properties have been annexed and assembled into the main parcel, future land use and zoning amendments have been approved to ensure the overall property would have a consistent institutional designation. The Residential Urban (RU) category has a maximum density of 7.5 dwelling units per acre and a maximum floor area ration (FAR) of 0.40. The Institutional (I) category has a maximum density of 12.5 dwelling units per acre and a maximum floor area ratio (FAR) of 0.65. The proposed amendment would allow the properties to have a consistent future land use category of Institutional (I) with the surrounding area and allow for the development of the properties with an institutional use. The Planning and Development Department has determined that the proposed future land use amendment is consistent with the provisions of the Clearwater Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. • The proposed amendment is compatible with the surrounding properties and character of the neighborhood. • Sufficient public facilities are available to serve the property. • The proposed amendment will not have an adverse impact on the natural environment. Draft City Council Meeting Minutes October 18, 2023 Page 14 City of Clearwater • The proposed amendment will not have an adverse impact on the use of property in the immediate area. The proposed City of Clearwater future land use category of Institutional (I) will necessitate an amendment of the Countywide Plan Map from the Residential Low Medium (RLM) category to the Public/Semi-Public (P/SP) category. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Commerce (DOC) formerly known as the Florida DEO is not required. The Community Development Board will review this application at a special meeting on October 3, 2023. Staff will report its recommendation at the city council meeting. Ordinance 9707-23 was presented and read by title only. Councilmember Allbritton moved to approve a Future Land Use Map Amendment from the Residential Urban (RU) (Pinellas County) category to the Institutional (I) category for 210 Meadow Lark Lane and an unaddressed parcel on Meadow Lark Lane and pass Ordinance 9707-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 8. Quasi-Judicial Public 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. 5. City Council discussion. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. 8.1 Approve a Zoning Atlas Amendment from the R-3, Single Family Residential (Pinellas County) District to the Institutional (I) District for 210 Meadow Lark Lane and an Draft City Council Meeting Minutes October 18, 2023 Page 15 City of Clearwater unaddressed parcel on Meadow Lark Lane and pass Ordinance 9708-23 on first reading. (REZ2023-06001). This Zoning Atlas Amendment involves two parcels of land totaling 0.540-acres located on the west side of Meadow Lark Lane approximately 820 feet north of Gulf to Bay Boulevard. The applicant, First Baptist Church of Clearwater, Inc., is requesting to rezone the properties from R-3, Single Family Residential (Pinellas County) to Institutional (I). The applicant has indicated that the properties will be used for a softball field, but no site plans have been submitted at this time. The parcels are within Pinellas County’s jurisdiction, and the applicant has submitted a Petition for Annexation (ANX2023-06007), and a Future Land Use Map Amendment application (see LUP2023-06002) which are being processed concurrently with this case. The subject parcels are currently vacant as the prior existing structures were demolished in mid-2023, according to demolition permits filed with Pinellas County. Prior to demolition, the northern parcel was developed with two detached dwellings, while the southern parcel has historically been vacant. The proposed Institutional (I) District is compatible with the surrounding zoning districts and the surrounding uses consisting of detached dwellings, an RV park, and athletic fields. The proposed amendment would allow the properties to have a consistent zoning district of Institutional (I) with the surrounding area and allow for the development of the properties with an institutional use. The Planning and Development Department has determined that the proposed Zoning Atlas Amendment is consistent with the provisions of the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. • The proposed amendment is compatible with the surrounding properties and character of the neighborhood. • The available uses in the Institutional (I) District are compatible with the surrounding area. • The proposed amendment will not adversely impact or unreasonably affect the use of other property in the area. • The proposed amendment will not adversely burden public facilities, including traffic carrying capabilities of streets in an unreasonably or disproportionate manner, and • The proposed Institutional (I) District boundaries are appropriately drawn in regard to location and classification of street, ownership lines, existing improvements and the natural environment. The Community Development Board will review this application at a special Draft City Council Meeting Minutes October 18, 2023 Page 16 City of Clearwater meeting on October 3, 2023. Staff will report its recommendation at the city council meeting. Ordinance 9708-23 was presented and read by title only. Councilmember Teixeira moved to approve a Zoning Atlas Amendment from the R-3, Single Family Residential (Pinellas County) District to the Institutional (I) District for 210 Meadow Lark Lane and an unaddressed parcel on Meadow Lark Lane and pass Ordinance 9708-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira Mayor returned to chamber at 6:35 p.m. 9. Citizens to be heard re items 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 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. David Bollard Geddis, Jr. said the Pinellas County home rule charter did not begin in the 1980s and said the county charter is a navigational scheme used to aid a longstanding carpet-bagging operation based on the 14th Amendment. Patrick Raftery said he was disappointed to hear that 1% of the budgeted 7% increase for employee salaries was designated for the salary study that is still to be completed; a separate line item for the study should have been included in budget. He expressed concerns that the City has not been fully transparent with the costs associated with the salary study or salary increases. Draft City Council Meeting Minutes October 18, 2023 Page 17 City of Clearwater 10. City Manager Reports 10.1 Endorse the Advantage Pinellas Housing Action Plan and Joint Forward Pinellas/Countywide Planning Authority Resolution 23-25 and adopt Resolution 23-17. In July, 2021, Council approved the Advantage Pinellas Housing Compact (Compact), an agreement amongst four municipalities, Pinellas County and Forward Pinellas. Under the Compact, the parties agreed to work toward developing strategies on several issues that impact availability and quality of housing as well as racial, social, economic, and geographic equality. The culmination of their efforts yielded the Advantage Pinellas Housing Plan (Plan) which was presented to the Public at the Homes for Pinellas Summit on April 28, 2023. This resolution further establishes the city’s commitment to working with the Compact members to implement the action items to strive to achieve the goals established in the Plan. Resolution 23-17 was presented and read by title only. Councilmember Beckman moved to endorse the Advantage Pinellas Housing Action Plan and Joint Forward Pinellas/Countywide Planning Authority Resolution 23-25 and adopt Resolution 23-17. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 11. City Attorney Reports 11.1 Approve a referendum question to present to electors to amend the City Charter and Code of Ordinances providing for a run-off system of elections beginning in 2026, set the date of the referendum election for March 19, 2024, and pass Ordinance 9728-23 on first reading. On September 5, 2023, a majority of the City Council directed the City Attorney to create ballot language proposing a run-off system of elections in Clearwater. As directed by the council majority, the ballot language also proposes new election dates beginning in the year 2026. The ballot question, if approved by Council, will be submitted to Clearwater voters at the March 19, 2024 election. Two individuals spoke in support. One individual expressed concerns with water jurisdictions. Draft City Council Meeting Minutes October 18, 2023 Page 18 City of Clearwater Two individuals submitted emails in support (see page 20). Ordinance 9728-23 was presented and read by title only. Councilmember Allbritton moved to approve a referendum question to present to electors to amend the City Charter and Code of Ordinances providing for a run-off system of elections beginning in 2026, set the date of the referendum election for March 19, 2024, and pass Ordinance 9728-23 on first reading. The motion was duly seconded and upon roll call, the vote carried as follows: Ayes: 4 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton and Councilmember Teixeira Nays: 1 - Councilmember Beckman 11.2 Streamlining Downtown Development Board The City Attorney said the Downtown has entered a transformative time with the public investment made in Coachman Park, the upcoming garage at Peace Memorial, the harborview hotel, the intermodal center and a new city hall. He said he received feedback from Council and staff regarding the importance of strategic vision alignment for Downtown and the need for all stakeholders to support efforts that advance the vision. He has also received feedback that the Downtown Development Board (DDB) may not support the Downtown plan as it relates to development, the utilization of the millage, and supporting organizations. The City Attorney requested council direction regarding pursuing a local bill related to the DDB and Downtown strategic alignment. The City Clerk said the Pinellas County Legislative Delegation will meet on October 29; the deadline to agenda a local bill for the October 29 hearing is tomorrow. There was council consensus for staff to pursue a local bill. 12. Other Council Action 12.1 Discuss City Attorney and City Manager salaries. The performance evaluation discussions for the City Attorney and City Manager were conducted by City Council at the October 5, 2023 council meeting. The council discussion concerning salary is conducted at the subsequent meeting. Discussion ensued with comments made that both salaries are under the average and both employees received positive reviews. There was Draft City Council Meeting Minutes October 18, 2023 Page 19 City of Clearwater consensus to provide the City Attorney a 14% increase and the City Manager a 12% increase, effective October 1, 2023. Councilmember Beckman moved to provide the City Attorney a 14% increase and the City Manager a 12% increase, effective October 1, 2023. The motion was duly seconded and carried unanimously. 13. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Beckman wished all a wonderful weekend. Vice Mayor Bunker said he appreciated the Red Ribbon Campaign; the individuals do great work. He expressed a concern that the campaign is exploited by the Church of Scientology, using the anti-drugs messaging to get into schools. Councilmember Teixeira reviewed recent events and thanked staff who attended the most recent Karaoke Night. Councilmember Allbritton said the closing date for the PSTA multimodal site has been scheduled for February 29, 2024. He said the conceptual drawings are 30% complete and that staff anticipates scheduling one-on-ones with Council before the end of year. 14. Closing Comments by Mayor Mayor Aungst, Sr. reviewed recent and upcoming events. He recognized the Boy Scout Troop in attendance who were working towards their citizenship badge. 15. Adjourn The meeting adjourned at 7:27 p.m. Mayor City of Clearwater Attest City Clerk Draft Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1421 Agenda Date: 11/2/2023 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve the October 2, 2023 special city council meeting minutes as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/31/2023 City Council Meeting Minutes October 2, 2023 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Monday, October 2, 2023 6:00 PM Special Budget Council Meeting Pinellas County, The Palm Room: 333 Chestnut Street, Clearwater, FL 33756 City Council Draft City Council Meeting Minutes October 2, 2023 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Brian Aungst Sr., Vice Mayor Mark Bunker, Councilmember David Allbritton, Councilmember Kathleen Beckman and Councilmember Lina Teixeira Also Present: Michael Delk – Assistant City Manager, David Margolis – City Attorney, and Rosemarie Call – City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order – Mayor Aungst, Sr. The meeting was called to order at 6:00 p.m. Public Hearings - Not before 6:00 PM 2. Administrative Public Hearings 2.1 Adopt Ordinance 9713-23 on second reading, 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, which is a 10.27% increase from the rolled back rate of 5.3370 mills. 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. Ordinance 9713-23 was presented and read in full. Draft City Council Meeting Minutes October 2, 2023 Page 3 City of Clearwater Vice Mayor Bunker moved to adopt Ordinance 9713-23 on second reading, 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, which is a 10.27% increase from the rolled back rate of 5.3370 mills. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 2.2 Adopt Ordinance 9714-23 on second reading, 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. 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. Ordinance 9714-23 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9714-23 on second reading, 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 Draft City Council Meeting Minutes October 2, 2023 Page 4 City of Clearwater programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 2.3 Adopt Ordinance 9715-23 on second reading, 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. 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. Ordinance 9715-23 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9715-23 on second reading, 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 Draft City Council Meeting Minutes October 2, 2023 Page 5 City of Clearwater resources for the projects identified. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 3. Citizens to be heard re items 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 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. 4. City Manager Reports – None. 5. City Attorney Reports – None. 6. Closing comments by Councilmembers (limited to 3 minutes) Councilmembers thanked staff for their efforts on the budget and said Council hears the salary concerns raised by employees and is working to address them. Vice Mayor Bunker said Council is considering how to address employee salary concerns; he wants employees to enjoy working for the City and afford to live in the city. Councilmember Beckman thanked staff for creating the budget brochure, which is helpful to residents. Councilmember Teixeira wished all a Happy Spanish Heritage Day. 7. Closing Comments by Mayor Mayor Aungst, Sr. thanked staff for their efforts on the budget. He offered his condolences to the Fisher Family; Fred Fisher was a philanthropist in our community who helped many organizations in Clearwater. Draft City Council Meeting Minutes October 2, 2023 Page 6 City of Clearwater 8. Adjourn The meeting adjourned at 6:08 p.m. Mayor City of Clearwater Attest City Clerk Draft Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1346 Agenda Date: 11/2/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve the collective bargaining agreement as negotiated between the City of Clearwater and Communication Workers of America, Local 3179 (CWA), from October 1, 2023 through September 30, 2026 and authorize the appropriate officials to execute same. (consent) SUMMARY: The collective bargaining agreement between the City of Clearwater and CWA Local 3179 expired on September 30, 2023. The parties reached a tentative agreement on October 12, 2023. The agreement was ratified by the CWA bargaining unit on October 18, 2023 by a vote of 440 (yes) to 19 (no). A summary of the changes are as follows: Article 3, Rights of Parties Deleted language that the City shall deduct dues. Article 7, Personnel Practices Changed several sections regarding personnel practices. Increased the percentage from 10% to 15% for the placement of a candidate above the established entry of the salary range based on candidate’s job-related education, training, and experience. Changed provisions regarding appointments and promotions. Article 8, Leaves of Absence Added Juneteenth to the Designated Holidays list. Increased vacation accrual rates to those of SAMP employees. Increased vacation cap to 320 hours. Updated language for Leaves of Absence Without Pay. Added Vacation Buyback language. Page 1 City of Clearwater Printed on 10/31/2023 File Number: ID#23-1346 Article 9, Wages & Compensation 2% increase to minimums and maximums of the pay plan in the first year. 8% merit pay increase in the first year. Pay increases retroactive to October 1, 2023. Wage re-opener for years two and three. Increase to Longevity Award. Increased meal money from $10 to $25. Increased Standby Rates. Monday - Friday $35 to $50 Saturday - Sunday $40 to $70 Holidays $45 to $80 Increased tuition reimbursement from $1500 to $2500. Article 15, Duration, Modification and Termination Added termination clause. STRATEGIC OBJECTIVES: 5.1 Attract and retain top-quality personnel through the maintenance of a competitive compensation program. 5.3 Generate organizational success through collaborative engagement and inclusive decision making to create shared value outcomes. APPROPRIATION CODE AND AMOUNT: The cost associated with the implementation of this agreement are anticipated to be approximately as follows: FY 2023/24 $3,981,211 FY 2024/25 $687,292 (Vacation & Standby Estimate) FY 2025/26 $687,292 (Vacation & Standby Estimate) Please note costs for year two and three do not include Merit Increases and Longevity because of the reopeners. Total cost thus far is $5,355,795. Funding is available in current year budget, and future budgets will include the contract costs in the proposed budgets. Page 2 City of Clearwater Printed on 10/31/2023 CWA Collective Bargaining Agreement Overview of Changes Article 3, Rights of Parties Deleted language that the City shall deduct dues. Added that the Union shall be responsible for the collection and the record keeping of all dues taken from the bargaining unit, and the City shall not be for responsible for the collection or record keeping of all dues taken from the bargaining unit. Article 7, Personnel Practices Added employees will only be paid for hours worked and will not be paid for hours scheduled, unless otherwise stated in this Agreement. Increased the percentage from 10% to 15% for the placement of a candidate above the established entry of the salary range based on candidate’s job-related education, training, and experience. Added no employees will be considered for a promotion while under investigation or on a development plan. Added an employee who has been appointed to another position may voluntarily return to their previous position within six months of the appointment, subject to Department Director approval and the previous position being vacant. This shall not include involuntary appointments. Deleted paycheck language and updated that employees are encouraged to enroll in direct deposit. Those not enrolled in direct deposit will be issued their bi-weekly paycheck via pay card. Article 8, Leaves of Absence Added Juneteenth to the Designated Holidays list. Increased vacation accrual rates to: Vacation Accrual for Employees Years of Service Hourly Accrual Vacation Days 0-2 .0577 15 3 .0616 16 4 .0654 17 5 .0693 18 6 .0731 19 7 – and over .0770 20 Increased vacation cap to 320 hours. Deleted new part-time employees who have not obtained 1040 hours are not paid for any accrued vacation leave. Replaced the term Bonus Leave Days with Sick Leave Incentive Days. Updated language under the Leaves of Absence Without Pay. In no event shall the additional medical leave of absence following the expiration of an employee’s Family Medical Leave exceed sixty days. Added Vacation Buyback language. In a payroll calendar year, a 40-hour employee who has used 40 hours may buy 80 hours (must have minimum of 80 hours in vacation bank), a 37.5 hour employee who has used 37.5 hours may buy back 75 hours (must have a minimum of 75 hours in vacation bank). Article 9, Wages & Compensation 2% increase to minimums and maximums of the pay plan in the first year. 8% merit pay increase in the first year. Pay increases are retroactive to October 1, 2023. Wage re-opener for years two and three. Longevity award was increased per the chart below Years of Employment Annual Longevity Award Amount 1 - 4 $250 5 - 11 $500 12 - 19 $750 20 & greater $1,000 Added language that sick leave, vacation leave, funeral leave, and other time not worked shall not count as hours worked for overtime purposes. Designated City holidays, floating holidays, jury duty, and court time shall count as hours worked for overtime purposes. Increased meal money from $10 to $25. Increased Standby Rates. Monday – Friday $35 to $50 Saturday – Sunday $40 to $70 Holidays $45 to $80 Increased tuition reimbursement from $1500 to $2500. Article 15, Duration, Modification and Termination Updated dates and added that this agreement and the City’s responsibilities under this Agreement shall terminate upon decertification of the Union or the suspension or revocation of the Union’s certification by the Florida Public Employee Relations Commission. AGREEMENT between CITY OF CLEARWATER, FLORIDA and COMMUNICATIONS WORKERS OF AMERICA, Local 3179 FISCAL YEARS 2023 – 2024 2024 – 2025 2025 – 2026 ARTICLE # TITLE PAGE # Preamble 1 Article 1 Recognition 1 Included & Excluded Members 1 Managerial & Confidential Employees 1 General Provisions 2 Article 2 Representatives of Parties 2 Article 3 Rights of Parties 3 City’s Management Rights 3 Union Rights 4 Emergency Conditions 6 Impact Bargaining 6 Article 4 No Strike and Other Unlawful Acts 7 Article 5 Labor/Management Cooperation 7 Article 6 Grievance Procedure 8 Definition 8 Steps 9 Arbitration 10 Article 7 Personnel Practices 12 Regular Work Hours 12 Appointments & Promotions 14 Probationary Periods 16 Health & Safety 18 Paycheck Issuance 19 Article 8 Leaves of Absence 20 Designated Holidays 20 Floating Holidays 21 Vacation 23 Sick Leave 24 Funeral Leave 29 Line-of-Duty Injury 31 Military Leave 31 Jury Duty and Court Time 32 Administrative Leave 33 Leaves of Absence Without Pay 33 Other Time Off 34 Union Time 35 Child Care Leave 35 Light Duty & Return to Work 36 Vacation Buyback 36 ARTICLE # TITLE PAGE # Article 9 Wages & Compensation 37 Salary 37 Overtime 39 Standby & Recall 40 Shift Differential 41 Acting Pay 41 Training Differential 41 Leadworker Pay 41 Assignment Pay Differential 42 Uniforms & Rain Gear 42 Certification Pay 43 Replacement & Repair of Tools/ASE Certifications 45 Training and Career Development 45 Travel and Mileage 45 Commercial Driver’s License 45 Parking 46 Tuition Reimbursement 46 Article 10 Insurance 46 Article 11 Performance & Discipline 47 Article 12 Drug & Alcohol Policy 47 Article 13 Retirement 48 Article 14 Seniority, Layoff, and Recall 49 Seniority 49 Layoff 50 Article 15 Duration, Modification, & Termination 51 Appendix A Alphabetical Listing of Represented Classifications i Appendix B Pay Range Tables vi 1 PREAMBLE The CITY OF CLEARWATER, FLORIDA, hereinafter referred to as the “City”, and COMMUNICATIONS WORKERS OF AMERICA LOCAL 3179, hereinafter referred to as the “Union”, (PERC Certification Number 170), recognizing that the welfare and the best interest of the City of Clearwater will be served by procedures which provide for an orderly method for the City and the Union to bargain in good faith matters of common interest, do hereby agree as follows: ARTICLE 1 RECOGNITION The City recognizes the Union as the exclusive bargaining representative for wages, hours and other terms and conditions of employment for employees of the City of Clearwater, Florida, who are members of the unit as herein defined: Included: Nonprofessional employees of the City of Clearwater (See Appendix for listing of included job classifications). Excluded: Department Heads; Division Heads; Managerial and Confidential Employees within the meaning of Section 447.203 (4, 5), Florida Statutes; all Professional Employees within the meaning of Section 447.203 (13), Florida Statutes; and all other employees of the City of Clearwater not specifically included. Section 1. Managerial Employees "Managerial Employees" as defined in Section 447.203 (4), Florida Statutes, are employees who have authority in the interest of the public employer, City of Clearwater, to formulate policy or are reasonably required to assist directly in the preparation for and the conduct of collective bargaining, or have a major role in the administration of agreements resulting in collective bargaining, or have a significant role in personnel administration or employee relations and in the preparation and administration of budgets and said roles are not of a routine, clerical or administrative nature and require the exercise of independent judgment. Historically, these job classifications have been treated as managerial within the foregoing criteria. Section 2. Confidential Employees "Confidential Employees" as defined in Section 447.203 (5), Florida Statutes, are employees who act in a confidential capacity to assist or aid managerial employees as set forth above and as defined in the Florida Statutes; specifically said employees have access to and assist in the preparation for collective bargaining, budget, and all have access to information dealing with the administration of this contract, including the handling of grievances under the grievance procedure as set forth herein. 2 Section 3. General Provisions This Agreement shall be governed and construed according to the Constitution and Laws of the State of Florida. Accordingly, if any provisions of this Agreement or any application of this Agreement to any employee covered hereby shall be found contrary to law, such provisions or applications shall have effect only to the extent permitted by law, but all other provisions of this Agreement shall continue in full force and effect. No change, rescission, alteration or modification of this Agreement, in whole or in part, shall be valid unless the same is ratified by the City and the Union and endorsed in writing. The parties acknowledge and agree that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking and agreement of the parties hereto and finally determines and settles all matters of collective bargaining for and during its term except as may be specifically otherwise provided herein. Section 4. A City or Department rule, regulation, policy or procedure now in existence in conflict with this Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be compatible with this Agreement. Section 5. The parties agree to bargain proposed changes in the City's Civil Service Rules that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members. ARTICLE 2 REPRESENTATIVES OF PARTIES The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in matters requiring the mutual consent or other official action called for by this Agreement. The Union agrees to notify the City in writing of the name of such authorized representatives. Written notice of the replacement of authorized Union representatives shall also be provided to the City Manager, and the City shall not recognize the designated replacement representatives until 24 hours after having received such written notice. The Union agrees that during the term of this Agreement it will deal only with the authorized representatives of the City, to wit: the City Manager or his/her designees. 3 ARTICLE 3 RIGHTS OF PARTIES Section 1. Employees in the bargaining unit shall have the right to form, join, and participate in, or to refrain from joining, forming, or participating in the Union. Neither the City nor the Union will discriminate against any employees in regard thereto. Section 2. The City and the Union will not discriminate against employees in the unit because of race, color, sex, age, national origin, disability, religion, marital status, or membership or non-membership in a union; provided, however, that this will not prohibit the City from establishing bona fide occupational qualifications or taking other such actions as permitted by law. If a charge of discrimination by an employee against the City, its officers, or representatives is filed with any appropriate agency having jurisdiction of such charge, said employee or the Union will not file or pursue a grievance under Article 6 of this Agreement. If a grievance is pending at the time such a charge is filed, it shall be considered withdrawn. Section 3. It is understood that the provisions of this Article embrace all rights of employees covered by all federal, state, county and city laws and regulations. Section 4. City’s Management Rights The City reserves, retains, and is vested with exclusively, all rights of management which have not been expressly abridged by specific provisions of this Agreement. The exclusive rights of management include, but are not limited to, the following: A. to manage the City generally and to determine the issues of policy; B. to determine the facts which are the basis of management decisions; C. to determine the necessity or organization of any service or activity conducted by the City and to expand or diminish services; D. to determine the nature, manner, means, and technology, and extent of services to be provided to the public; E. to determine methods of financing and budgeting; F. to determine the types of equipment and technology to be used; G. to determine and/or change the facilities, methods, technology, means and size of the workforce by which the City operations are to be conducted; H. to determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City in accordance with the practices followed prior to this Agreement; 4 I. to assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; J. to relieve employees from duties for lack of work, lack of funds or any other non- disciplinary reasons; K. to discharge, suspend, demote, or otherwise discipline employees for just cause; L. to determine job classifications and to create, modify or discontinue jobs; M. to hire, transfer, promote, and demote employees; N. to determine policies, procedures, and standards for selection and training; O. to establish productivity programs and employee performance standards including, but not limited to, quality and quantity standards and to require that such standards be followed; P. to maintain order and efficiency in its facilities and operations; Q. to establish and promulgate and/or modify rules and regulations and standard operating procedures; R. to otherwise take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and services; Section 5. Union Rights A. The Union shall be responsible for the collection and the record keeping of all dues taken from the bargaining unit. The City shall not be responsible for the collection or record keeping of all dues taken from the bargaining unit. Nothing contained herein shall require the City to deduct from a salary or be otherwise involved in the collection of Union fines, penalties or special assessments. B. The Union shall have access to City conference rooms and other similar building facilities, if available, for meetings of the Union in the same manner as the general public. However, the Union shall have access to available facilities, without charge, for meetings to ratify this Agreement. C. The Union shall be entitled to use four square feet of a designated bulletin board in each City building or facility where the City maintains an employee bulletin board; provided said bulletin boards shall be used for posting Union notices only and shall not be used for the purpose of soliciting membership. D. All permissible notices shall be signed by a duly recognized officer of the Union and may be delivered through the City's departmental interoffice mail system. The City agrees to accept from the Union, review for appropriateness, and forward permissible notices via e- 5 mail to a list of work sites and designated bargaining unit members as approved in advance by the City. The City reserves the right to discontinue the use of e-mail for such purpose at any time if the City determines that the approved and forwarded e-mail is not used for the intended purpose. E. The Union President will be provided, on a quarterly basis or upon request, the names, and home addresses, and such other data that is readily available from the City’s information database for all current employees of the City who are in the bargaining unit. The Union shall have access to such names and addresses at any time pursuant to public records law, subject to such fees as may be proper in accordance with state law. F. The Union representatives shall be allowed as defined below time off without loss of pay during their regular shift hours for investigating grievances provided that, in the judgment of the Department or City, the performance of this function by the Union representative shall in no way interrupt the normal functioning of City work assignments. The investigation of grievances by Union representatives shall not be conducted in greater than 2-hour increments per day. The Union agrees to guard against the use of excessive time for such activities which are authorized by this Agreement. The Union representative will provide advance notice to his/her supervision to allow planning arrangements to enable the Union representative time off for investigative activity. When a Union representative desires to contact an employee in the unit who has a complaint, he/she shall first obtain permission from the employee’s supervisor. If permission is denied at that particular time, the Union representative will be informed of the reason for the denial. However, the denial of permission shall not be subject to the grievance procedure. The Union representative will notify his/her supervisor upon his/her return to work. The President of the Union, or the designee of the President, shall have the privileges accorded to a Union representative. G. There shall be an average of one Union steward for each City department or one for each 35 employees in the bargaining unit. No division shall be assigned more than one Union representative unless the Division has more than 35 employees, then one Union steward for each 35 employees or fraction thereof may be assigned. H. The City shall permit the Union to make a presentation to all new bargaining unit members at the City new employee orientation. Subject matter of the Union presentation and any Union materials to be distributed must be approved by the City Manager or his/her designee. Section 6. Miscellaneous A. Shared Cost of Printing Agreement -- The City and the Union each agree to pay one-half of a reasonable cost for printing copies of this Agreement in pocket booklet form for all employees in the unit. If the City is unable to perform the printing or copying internally, the City agrees to include up to three printers of the Union’s choice in obtaining quotes for services in accordance with City purchasing guidelines. The City further agrees to utilize the printer of the Union’s choice if such printer submits the lowest bid, or provided the Union pays the difference in copying costs between that of the Union’s printer and that of the printer submitting the lowest bid. 6 B. Review of Personnel File -- On reasonable advance notice, employees shall be allowed to review their personnel files. C. Participation in Charity Drives -- Employees are encouraged to participate in charity drives. However, no employees will be pressured by either party to this Agreement to contribute to any charity. D. Union Committees -- Certain committees of the Union may be allowed to meet during normal work hours, this time to be subject to approval by the City Manager's office. Such committees and meetings shall not include preparation for bargaining. E. Use of City Copying Equipment -- Cost to be paid by the Union for printing of Union material in accordance with the established City rate for copies. This material shall be non- controversial in nature and subject to advance review by the City Manager or his/her designee. Section 7. Emergency Conditions If in the sole discretion of the City Manager or the Mayor it is determined that civil emergency conditions exist or may exist, including, but not limited to, riots, civil disorders, hurricane conditions, strikes, or similar catastrophes or disorders, this Agreement may be suspended by the City Manager or the Mayor during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended. Nothing in this Section 7 shall effect the City’s Management rights under Article 3, Section 4. Section 8. Impact Bargaining The City and Union agree to bargain the impact of the exercise of Management Rights to change wages, hours or terms and conditions of employment of any person covered by this Agreement. The City will notify the Union of any proposal that may affect wages, hours, or terms and conditions of employment prior to implementation. The Union will notify the City in writing, within 30 calendar days, of the specific impact and the intent of the Union to bargain the impact of the change. Failure to notify the City of the specific negotiable impact of a proposed change within the time limit prescribed above shall constitute acceptance of the change on the part of the Union and the City may implement the change at the end of the prescribed time limit. If timely notice is given, the proposal shall not be implemented until resolution is reached. The City and the Union will then negotiate those impacts. In the event of an impasse on said bargaining, the parties agree the Special Magistrate process is waived and the parties will proceed directly to the City of Clearwater Council for final and binding resolution of the issues. The parties may call for a Special Magistrate upon mutual agreement endorsed in writing. 7 ARTICLE 4 NO STRIKE AND OTHER UNLAWFUL ACTS Section 1. The parties specifically incorporate herein the provisions of Florida Statutes 447.505, 447.507, and 447.509. Section 2. In addition to the prohibitions and penalties prescribed in the aforementioned sections of the Florida Statutes, the parties specifically agree that any individual employee engaging in such activity may be immediately terminated in accordance with said Statutes. In addition, liability shall attach to such individual employee as well as the Union if the provisions of this section are violated. Section 3. Should the Union or any of its employees breach this Article, the City may, in addition to the remedies provided in Chapter 447 of the Florida Statutes, be entitled to obtain a temporary injunction at an ex parte hearing. ARTICLE 5 LABOR/MANAGEMENT COOPERATION The Union recognizes and supports the concept of a Labor-Management Committee to address city-wide employee concerns that are not specifically provided for by contract provisions and to improve labor-management communications. Such a committee shall be established, composed of Union and City representatives. Rules and operating procedures of the Committee shall be established and may be changed by mutual agreement of the City and the Union. The Labor-Management Committee shall not be intended to bypass the grievance procedure. The Committee shall have advisory powers only but may propose standard policies and procedures to be followed city-wide. However, decision making responsibility shall continue to remain with line management of the City and with line officers of the Union. If such recommendations are adopted by the City Manager, they shall not be applied to bargaining unit employees if they are in conflict with the provisions of the CWA contract. The City agrees that meetings, mutually agreed upon between the Union and the City will be held to discuss problems and objectives of mutual concern. These meetings do not preclude any additional or needed meetings between any management and Union representative. The City will fund the registration cost only for up to five Union members who are current City employees to attend the Florida Labor Management Conference or a similar labor- management conference or seminar within the state of Florida one time for each year of the Agreement. The expenditures of any such funds made available by the City will require the mutual agreement of the City and the Union. 8 ARTICLE 6 GRIEVANCE PROCEDURE It is the intent of this Article to provide a means for the fair, expeditious and orderly settlement of disputes that arise under this Agreement between the Union and/or an employee and the City. All employees and supervisory personnel should make every possible effort to settle differences at the lowest possible step outlined in this Article. Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement. Grievances may be filed by the City or by an aggrieved employee through the Union. Entrance probationary employees shall not have access to the grievance procedure during the probationary period. Grievances initiated by the City shall always begin in Step 3, as hereinafter provided. A class-action grievance may be filed by the Union if an action or dispute directly affects more than one bargaining unit employee. A class-action grievance may begin at Step 3. Section 2. No employee or group of employees may refuse to follow directions pending the outcome of a grievance. Employees in the unit will follow all directives, even if such directives are allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in any way prejudice the Union and/or employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. Section 3. It is recognized and accepted by the Union and the City that the processing of grievances is of utmost importance, and therefore grievances may be processed during employees' normal working hours without loss of wages when the absence of employees or supervisors involved is reasonable and will not, in the judgment of the Department Head or City Manager or City Manager's designee, be detrimental to the work programs of the City. A grievant may be accompanied by a Union representative at any time during the grievance procedure. The City will attempt to accommodate all parties in the processing of grievances. Section 4. If an employee selects the grievance procedure, as hereinafter set out under this Agreement, it is specifically understood that said employee has exercised his/her option granted by Florida Statutes 447.401 and cannot thereafter process his/her complaint under any Civil Service appeal procedure. Any employee presenting a grievance shall be referred to a Union representative after which the Union will advise whether the grievance is meritorious for processing, and shall be formally processed in accordance with the steps outlined below. When the City is informed by the Union that it is representing an employee in the grievance process, the City shall not deal directly with the employee throughout the process except at the employee’s specific written request. The Union shall be afforded the opportunity to be present at the resolution or determination of any grievance involving a bargaining unit member. Normal working hours shall be 8:00 a.m. to 5:00 p.m. on normal work days which are Monday through Friday, except holidays. 9 Step 1 Within 15 working days after such alleged violation is known by the grievant, the Union and/or aggrieved employee will present the grievance in writing on the appropriate form to the employee's division head and a copy to the City Manager or his/her designee. The written grievance at this step, and at all steps thereafter, shall contain the information specified on the grievance forms. Forms will be made available to employees by both parties. Grievances submitted which do not contain the information required on the form shall be returned to the Union and/or employee for completion. The Union and/or employee shall be advised as to why the form is not complete. This shall extend the required time for submittal of the grievance to 5 working days from the time that the grievance is returned to the grievant. Upon acceptance of the grievance, the grievance form may not be amended from the original written grievance at the initial step of the grievance procedure except by mutual agreement of the parties. The division head will arrange for a meeting with the Union and/or grievant within five working days after receipt of the grievance or failure of the parties to resolve the grievance informally. A grievant may have a Union representative accompany him/her to the meeting with the division head to whom the employee is responsible. Discussions shall be informal for the purpose of settling differences in the simplest and most direct manner. The division head will provide the Union and/or the grievant with a written answer on the grievance within five working days from the date of said meeting. If the grievance is not resolved at Step 1, the Union and/or grievant, within ten working days, may appeal the grievance to Step 2. Step 2 If the grievance is appealed to the Department Director, the Department Director or designee will arrange for a meeting with the Union and/or grievant within five working days after receipt of the grievance. A grievant may have a Union representative accompany him/her to the meeting with the Department Director or designee to whom the employee is responsible. Discussion shall be informal for the purpose of settling differences in the simplest and most direct manner. The Department Director or designee will provide the Union and/or grievant with a written answer on the grievance within five working days from the date of said meeting. If the grievance is not resolved at Step 2, the Union and/or grievant may, within ten working days, appeal the grievance to Step 3. Step 3 If the grievance is appealed to the City Manager or his/her designee, the City Manager or his/her designee will arrange for a meeting with the Union and/or grievant within 10 working days of receipt of the grievance. Both the City and the Union and/or grievant shall have the right to include in its representation such individuals as they deem necessary to develop pertinent facts. Discussion shall be informal for the purpose of settling differences in the simplest and most direct 10 manner. Acting for the City, the City Manager or his/her designee shall, within 21 calendar days, provide a written decision to the Union and/or grievant after the hearings have been held. If the Union and/or grievant is not satisfied with the disposition of the grievance at Step 3, the grievance may be submitted to arbitration. Step 4 – Arbitration A. Within 60 calendar days from the receipt of the decision of the City Manager or his/her designee for a Union/employee initiated grievance, or failure to resolve a City-initiated grievance as provided in Section 5, Miscellaneous, subparagraph “H” hereof, the party requesting to arbitrate the grievance shall give written notice to the other of intent to arbitrate and shall at the same time request a list of seven arbitrators from the Federal Mediation and Conciliation Service. For Union initiated grievances involving suspension, demotion, or dismissal, the time limit for requesting arbitration shall be 90 calendar days following receipt by the Union of the City Manager or designee’s decision. Each party shall have the right to unilaterally reject one list of arbitrators received from FMCS. Thereafter, a list may only be rejected by mutual consent of the parties. B. Within 10 calendar days after receipt of the list of arbitrators, the Union and the City shall meet and each strike three names there from, with the party presenting the grievance striking the first name and the parties alternating thereafter, the remaining name to designate the arbitrator. C. As promptly as can be arranged the arbitration hearing shall be held. The arbitrator shall arbitrate solely the issue presented and shall not have the authority to determine any other issues not submitted to him/her. The arbitrator, in rendering his/her decision, shall confine his/her decision to the grievance in question and he/she shall not have the authority to add to, take away from, alter or amend any provision of this Agreement. D. The decision of the arbitrator, insofar as it is in conformance with paragraph "C" herein above, shall be final and binding on the aggrieved employee, Union, and City. E. The expense of the arbitrator shall be borne equally by both parties, except that if either side desires a written transcript, such side shall bear the costs thereof. Expenses in connection with attendance of participants and witnesses for any party shall be paid by the party producing such participants and witnesses. F. Any decision of the arbitrator shall not be retroactive more than 15 working days prior to the date the grievance was submitted. The City will incur no liability for back pay more than 30 days following the arbitration hearing. Section 5. Miscellaneous A. The parties will cooperate in the investigation of any grievance, providing all pertinent information as may be requested for the processing of a grievance. B. No reprisals of any kind shall be taken against any party in interest participating in the 11 grievance procedure. C. No record dealing with the processing of a grievance shall become a part of the personnel files of individual employees; however, ultimate records of adverse actions against employees may be included in personnel files. D. No employee shall be required to discuss a written grievance if a Union representative is not present. E. In order to prevent the filing of a multiplicity of grievances on the same question of interpretation or compliance where the grievance covers a question common to a number of employees, it shall set forth thereon the names of the persons of the group and the title and specific assignments of the people covered by the group grievance. In such event, the Union and/or one employee shall be designated by the group of employees to act as the grievant. F. Grievances arising at a step other than Step 1 shall be processed in the same manner except that the grievance will be initiated with the appropriate City Manager or his/her designee rather than with the division head or department head. Grievances relating to suspension or dismissal shall be initiated at Step 3, however the Union shall be required to provide a copy of any such grievance submitted at Step 3 to the employee's department head. G. It is specifically agreed that employees who claim to have been discharged unjustly shall be subject to the foregoing grievance procedure, and if it is found that an employee has been unjustly discharged, he/she may be returned to work with pay for all time lost; provided that discharge or other disciplinary action taken with respect to any probationary employees is expressly excluded from this paragraph. H. Where any provision of this Agreement involves responsibility on the part of the Union that, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the Union on an informal basis, the grievance shall be initiated at Step 3 of this procedure by the City Manager, or his/her designee, and submitted in writing to the Union President. If not resolved within 21 calendar days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provision of this Article. I. The time limits of a grievance at any level may be extended by mutual written consent of the parties. If a grievant fails to submit or advance a grievance at any step in the process within the prescribed time limit as defined above, the written determination received by the grievant from the respondent at the prior step shall be considered accepted by the grievant, and the grievance shall be considered resolved. If the City fails to respond to a grievant at any step in the process within the prescribed time limit as defined above, the Union may advance the grievance to the next step in the process. 12 ARTICLE 7 PERSONNEL PRACTICES Section 1. Regular Work Hours A. The regularly scheduled work week of the employees in the bargaining unit will be from 12:01 a.m. Saturday to midnight Friday. Employees’ hours of work excluding unpaid meal periods will consist of the number of hours set forth opposite the respective job class titles in the Official Pay Plan. Employees must obtain approval from a person of competent authority prior to working any hours outside of their established work schedule, either before their designated starting time or after their designated quitting time or during an unpaid meal period. Employees will only be paid for hours worked and will not be paid for hours scheduled, unless otherwise stated in this Agreement. B. The City shall determine and notify employees in advance of the days and times of work for their normal work schedules. Regular full-time employees will be provided an unpaid meal period of either thirty (30) minutes or sixty (60) minutes duration as determined by the respective Department Director. The City Manager or his/her designee shall review and determine whether, in situations where the employees’ position does not permit the employee to be freed from his/her duties only, the employees shall instead be paid for all scheduled hours and required to take a meal during any period of non-work time during the course of the workday. Such determination will not be changed on a daily basis except when necessary due to operational demands. The City shall determine at what time applicable employees will be required to take an unpaid meal period. Generally, the meal period will be scheduled in the middle of the work shift. Employees who are not scheduled an unpaid meal period will not be required to take their meal during a 15 minute paid rest period. When employees are required by the City to perform actual job duties during any part of a meal period, they will be compensated in accordance with applicable provisions of the Fair Labor Standards Act and this Agreement for any time worked. All full-time employees shall be entitled to two 15-minute paid rest periods, one during the first portion of their work shift prior to the meal period and one after the meal period. Full- time employees who work a partial day shall be provided one 15-minute paid rest period for each four hours worked. If employees opt not to utilize such rest periods, the City shall not be deemed to have violated this section. Employees shall not have the right to accrue or otherwise utilize rest periods to alter their work schedule. Paid rest periods must be taken in their entirety and may not be subdivided into shorter increments. Part-time employees shall be granted meal or rest periods in accordance with the above and based on the number of hours worked each day proportionate to a full-time employee in the same job classification. Employees assigned to the Police Department Communications Division in the classifications of Police Telecommunicator Trainee, Police Telecommunicator , Senior Police Telecommunicator or Police Telecommunicator Supervisor shall be allowed to 13 combine their fifteen (15) minute paid rest periods in conjunction with the thirty (30) minute unpaid meal period to provide adequate break for employees while not impeding the dynamic operational needs of the environment. This duration of time should be scheduled during the middle of the shift and may not be used to alter or shorten the work day. Employees assigned to the Solid Waste Department Operations Division in the classifications of Solid Waste Accounts Coordinator and Solid Waste Operations Supervisor, shall be allowed to combine their fifteen (15) minute paid rest periods in conjunction with the thirty (30) minute unpaid meal period to provide adequate break for employees while not impeding the dynamic operational needs of environment. This duration of time should be scheduled during the middle of the shift and may not be used to alter or shorten the work day. C. When an employee is required by his/her respective Department Director to attend training or job-related workshops, such time spent in training shall be paid and counted as hours worked toward the calculation of overtime. Meal periods shall not be included as such hours worked. However, if the time spent in training alone is less than the employee’s regularly scheduled hours of work for the day, and it is not practical as determined by the employee’s department for the employee to report to work before or after the training, the employee will be paid for the number of his/her regularly scheduled hours for the day. D. The number of days of work in a specific work week for employees in the bargaining unit may vary between four (4), five (5), or six (6) days. Whenever practicable, each employee’s regularly scheduled work week will consist of two (2) days off per week, exclusive of overtime, standby, or recall. Each full-time employee and any part-time employee requesting such will be granted at least one (1) day off per week, exclusive of overtime, standby, or recall. E. An employee's work schedule will not be changed arbitrarily, and the employee will be given reasonable notice consistent with the City's planning of its needs. Forty-eight (48) hours will be deemed reasonable notice. A change in work schedule shall be considered to be a change in the established regular days or hours of work constituting the employee’s normal work schedule. The requirement to continue working beyond the normal end of a work shift when directed by competent authority to complete duties, tasks, or work assigned on the same work day shall not constitute a change in the employee’s work schedule. F. Employees may request, and with the prior approval of their respective Department shall be permitted to adjust or “flex” their hours of work within a specific work week. The City may request whether or not employees are interested in voluntarily flexing their work hours. However, the City shall not require employees to flex their work hours solely to avoid the payment of overtime, and shall not discipline employees for electing to not voluntarily flex their work hours. This provision shall not impede the City’s ability to adjust employees’ work schedules or to assign overtime when operationally necessary in accordance with applicable provisions of this Agreement. 14 G. Employees are expected to be at their work station and prepared to work at their appointed starting time. Employees will work until released by competent authority and will not leave their work station or locations before their appointed quitting time. H. Employees will be paid in increments of one-quarter of an hour. Employees will not be docked pay for up to the first seven minutes and fifty-nine seconds after their appointed starting time. Employees will not be paid for periods of work performed in increments of seven minutes and fifty-nine seconds or less. For example, an employee who reports to work seven minutes and fifty-nine seconds after his/her appointed starting time shall be considered tardy, but shall not be docked pay. An employee who works eight minutes or more beyond his/her appointed quitting time shall be eligible to be paid in increments of 1/4 hour for all such time. Section 2. Appointments & Promotions A. All appointments to positions in the bargaining unit shall be made on the basis of merit and fitness for the position to be determined as far as practical and possible by competitive examination or other evaluation process under the policies and practices of the Human Resources Department. The City Manager or designee; upon notifying the Union or Union designee, may authorize the placement of a candidate at a rate above the established entry of the salary range not to exceed fifteen percent (15%) for a classification based on the candidate’s job related education, training and experience as well as any recruiting or retention issues. Employees may review their own respective examination or evaluation results upon request. The Union local president or designee (excluding any applicant shall be permitted to review individual examination or evaluation results upon request and take such notes as necessary for the purpose of determining whether to file or pursue a grievance. B. Announcements for competitive exams or evaluation processes will be provided to each City Department for posting at each appropriate work location at least 10 work days prior to the filing deadline. C. The City agrees to use to the maximum extent the skills and talents of existing employees in the unit in order to achieve the resulting benefits of higher morale and reduced turnover. In filling positions in the unit, the City will give concurrent consideration to persons in and outside the unit, but all other factors being substantially equal, will fill such positions by selection from eligible candidates in the unit. This shall not preclude the City from giving promotional examinations restricted to City employees. D. Promotional Lists -- The names of all persons who may be lawfully appointed and who shall have attained a passing grade on any promotional or open competitive examination or evaluation processes shall be placed on the appropriate promotional list. E. Duration of Eligibility -- All bargaining unit members appearing on appointment eligibility lists shall remain eligible for a period up to six (6) months from the date of the establishing of the member’s name on the appropriate list or until a new Eligibility List has been 15 generated. Bargaining unit members appearing on reemployment eligibility lists shall remain eligible for reemployment for a period up to one (1) year from the date of separation. F. Removal of Names from Lists -- Names of eligibles shall be removed from appropriate eligible lists by operation of any of the following: 1. Appointment through certification from such list to fill a permanent position. 2. Declination of Appointment: Failure to respond to any inquiry of the Human Resources Department regarding availability for appointment. 3. Separation from the City service of an employee on a promotional list. 4. Disability (in accordance with the Americans with Disabilities Act) that prevents the eligible from performing satisfactorily the duties of the position with or without a reasonable accommodation. 5. Determination by the Human Resources Director that the eligible has been found to lack any of the established qualifications for the position. G. Types of Appointments -- All vacancies in the bargaining unit shall be filled by appointment from the appropriate eligibility list, as determined by the Hiring Department and the Director of Human Resources. Selection criteria shall be developed by the City and reviewed by the Human Resources Department. Such criteria, including relevant qualifications and seniority as described in Article 14, Section 1, B, shall be noted on the job announcement at the time of its posting. Action plans more than two (2) years beyond successful completion shall not be considered as factors in any appointment decision involving an existing employee. An employee who is not selected for promotion shall be afforded, upon request, a meeting with the respective hiring department and/or Human Resources to be provided an explanation of the selection criteria and the manner in which it was applied, and including a review of areas whereby improvement may make such employee better qualified. H. Promotions -- Whenever an employee having regular status successfully competes in an open competitive examination and receives an appointment to a class of a higher level, such appointment shall be considered a promotional appointment. A class of a higher level shall be deemed to be one having a higher maximum rate of pay. CWA employees shall receive a 5% increase or brought to the minimum of the pay grade whichever is greater upon promotion. If at the time of promotion an employee is receiving additional compensation other than acting pay, the promotional rate of pay shall be established at the first rate of pay in the pay range of the higher classification that represents an increase of 5% above the employee’s overall compensation at the time of promotion. However, under no circumstances will the promotional base rate of pay exceed the established pay range maximum of the higher level classification. No employee will be considered for a promotion while under investigation or on a development plan. 16 I. Demotions -- An employee may request to be permitted to voluntarily demote to a position at the same or lower level requiring essentially the same or lesser qualifications within a class series or for other classes in which the employee was previously certified. Such employee’s name shall be provided to the hiring department along with the certified eligibility list, but shall not establish any entitlement or right of the employee to the vacant position, and it shall be the sole discretion of the hiring department to select such employee. CWA employees who are voluntarily or involuntarily demoted from one classification to a lower level classification shall have their rate of compensation fixed at the rate of pay in the pay range for the lower level classification that represents at least a 5% decrease in pay. An employee who is selected for a voluntary demotion to a position as a trainee in an established Public Utilities apprentice program requiring essentially the same or lesser qualifications within a class series shall be permitted to maintain his/her rate of pay upon appointment to the new classification, but shall be required to fulfill all requirements of the trainee position within any prescribed time limit, or shall be subject to dismissal from employment or the requirement to obtain alternate employment with the City. Such employee shall not receive a promotional pay increase upon completion of the respective requirements for advancement, unless rate of pay falls below the minimum pay for the promotional classification. Employee maintains his/her current annual performance evaluation date in effect at the time of the demotion for determining eligibility for subsequent merit pay increases. J. Any employee who leaves the apprenticeship program shall be subject to an analysis of rates, at the discretion of the City. K. Order of Certification -- The Human Resources Director shall determine the order of certifications which may be by test score, alphabetically, by special qualification or as otherwise determined appropriate. L. Temporary and Emergency Appointments 1. Whenever there is need of an employee for a temporary period, the Human Resources Director shall certify the names of persons on the appropriate eligibility list in accordance with City Civil Service Rules. The acceptance or refusal by an eligible for a Temporary appointment shall not affect his/her standing on the eligible list. 2. When it is impossible or impracticable to fill a position or when an eligibility list does not currently exist for a position classification, the Hiring Department and the Human Resources Director may appoint any qualified person to such position via an Emergency Appointment without competitive evaluation in accordance with City Civil Service Rules and Regulations. 3. The Union shall be provided upon request a list of all current Emergency Appointments. M. Probationary Periods 1. All persons initially employed, transferred, demoted, or promoted to, or within, the bargaining unit shall have to serve a probationary period. During the probationary 17 period, management shall observe and review the employee's job performance, attendance, attitude and adherence to Department and City requirements and such other factors as in the City's determination are important factors to consider with respect to continuing the employee in the position. 2. The probationary period shall consist of six (6) consecutive months or the equivalent with the exception of the Police Telecommunicator Trainee/Police Telecommunicator classification in which the probationary period is one (1) year. The City may extend such probationary periods for up to three additional months. 3. Determination that the employee has not successfully completed the probationary period shall be made by the City. The promotional probationary employee who does not successfully complete the probationary period may have his/her probationary period extended for up to three (3) months; or shall have the right to be returned to the employee’s former position at any time up to five (5) work days following the completion of the employee’s first month probationary performance review if the position is available; or may be re-assigned subsequent to five (5) work days following the completion of the employee’s first month probationary performance review to another position at the same or lower level for which the employee is determined to be qualified and with no loss of pay from the employee’s position prior to promotion; provided in any case that there is no cause for dismissal. Employees who take advantage of the opportunity to revert to their position held prior to promotion within the requisite time period of up to five (5) work days following the completion of their first month promotional probationary review shall have their annual performance evaluation date returned to the date that was effective prior to the promotion rather than the date of the return to the former position or voluntary demotion. The probationary employee who does not successfully complete the probationary period may have his/her probationary period extended for up to three (3) months, or shall be separated from employment. 4. Time served during a Temporary appointment in the same job class immediately preceding regular employment status shall be credited as time served. Probationary period will start when regular employment status begins. 5. In the event that an employee is for any reason absent from duty for an accumulated period of scheduled work hours equivalent to more than nine work days prior to the completion of the probationary period, all such time off may be used to extend the prescribed probationary period. 6. If a promotional probationary employee has committed a serious infraction which warrants dismissal, then the employee shall be dismissed and not returned to his/her former position. 7. Any newly hired employee who is separated during or at the end of the expiration of the probationary period, or newly promoted employee who is returned to his/her former position, shall have no right of appeal or grievance relating to such action. 18 8. An employee who has been appointed to another position may voluntarily return to their previous position within six (6) months of the appointment, subject to Department Director approval and the previous position being vacant. This subsection 8 shall not include involuntary appointments. N. Job Classification Review An employee, for good and sufficient reasons, may request a review for a change in classification. Such request shall be submitted in writing to the employee’s department director first. The department director shall review the request and send it, with his/her recommendation, to the Human Resources Director for review as to its justification. The Human Resources Director shall review the request and recommend to the City Manager or designee the appropriate action. The decision of the City Manager is final and binding. Section 3. Health & Safety A. The City and the Union will cooperate in establishing a sub-committee of the Labor/Management Committee with the continued objective of eliminating accident and health hazards. This committee will meet on a regular basis and may make written recommendations to the City regarding unsafe conditions or ideas for City safety. The City will consider written recommendations from the committee and will implement solutions to these conditions where practicable or shall appear before the committee or provide a written response as to why said solutions are not practicable. The committee will not be utilized to determine fault or to reach any conclusion or determination regarding potential disciplinary action. B. The City will provide any safety equipment and devices for employees engaged in work where such special devices and equipment are necessary and are specifically required by the City. Employees not utilizing safety equipment which is specifically required by, and furnished or paid for by the City, shall be subject to denial of work and/or disciplinary action. C. Employees will not suffer any position penalty nor be financially responsible for damage to City property occasioned by accident which is not caused by negligence. D. The City shall continue to maintain a cleanup room with sanitary showers for the use of all employees whose employment presents a threat of disease due to their exposure to unsanitary conditions in those areas where it is currently doing so. If the Union believes that new locations or areas exist which they feel should have cleanup rooms with sanitary showers for use by employees, they shall advise the City at a Labor-Management meeting and the City shall initiate a review of the need. E. The City agrees to periodically review the availability of discount programs through third parties for employees who wish to purchase safety equipment not required and provided by the City. 19 F. No employee shall be required to work more than 16 hours in any day, except in an emergency. All employees must be available to report to work at any time before, during, or after any designated emergency. This includes but is not limited to their assigned shift. Employees must be prepared and available to work their entire shift and be prepared to work any overtime hours as may be required under emergency conditions. Every effort will be made to ensure that no employee is required to work more than six (6) consecutive days without receiving twenty-four (24) continuous hours off-duty time. All employees are subject to being called in to work on non-scheduled or non-duty days. Failure to return to work as required may lead to discipline, up to and including termination. Any employee, who has a personal situation which may prevent the required return to work, must receive permission from the Department and Human Resources Director for the expected absence prior to June 1 each year. G. The City shall provide free access for all bargaining unit members, and family members who are currently enrolled on the City’s health insurance plans, to any City recreational facility. Additional fees for programs conducted at such facilities shall be borne by the employee. It is understood by all parties that the decision whether to use such facilities is completely voluntary on the part of the bargaining unit members, and time spent using such facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such facilities be compensable under workers compensation. Section 4. Paycheck Issuance All employees are encouraged to enroll in direct deposit. Paychecks will be issued bi- weekly via direct deposit for employees enrolled in direct deposit. Paychecks will be issued bi- weekly via pay card for employees not enrolled in direct deposits. Section 5. Communications Employees shall be prohibited from engaging in any form of work-related communication that may be considered compensable during any unpaid hours outside of their scheduled work hours without first obtaining approval from a person of competent authority. This includes the use of City issued cell phones and land-line City work phones, direct-connect communications (push to talk or walkie-talkie), text messaging, radio communications, and the use of a City computer or remote access to the City computer system (including e-mail). Employees shall not use their personal communications devices for non-emergency communications during work hours except for paid breaks and meal periods. Such personal communications shall be of short duration, conducted in a safe manner, and shall not adversely impact operations. Violation of these provisions shall be considered grounds for discipline. 20 ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A. Designated Holidays The following days shall be observed as designated holidays for regular full-time and part-time employees. New Year's Day Labor Day Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memorial Day Day after Thanksgiving Juneteenth Day Christmas Day Independence Day Note: Emergency, Temporary, temporary part-time, and other non-regular employees shall not receive holiday pay. 1. Regular part-time employees shall be eligible to receive holiday pay at a prorated amount based on 20% of the weekly average of the employee’s annual budgeted hours. 2. When a City designated holiday falls on Saturday, the preceding Friday shall be designated a substitute holiday and observed as the official holiday for the year for non- shift employees. When a City designated holiday falls on Sunday, the following Monday shall be designated a substitute holiday and observed as the official holiday for that year for non-shift employees. All designated holiday pay considerations are applicable to the designated holiday. 3. Designated holidays which fall on an employee’s regularly scheduled work day shall count as hours actually worked for the purposes of calculating overtime. The City shall not arbitrarily adjust work schedules to preclude a designated holiday from falling on an employee’s regularly scheduled work day. 4. Employees who are required to work on a designated holiday shall receive time-and- one-half their regular pay for all hours actually worked on the holiday plus holiday pay at the employees’ regular rate of pay. 5. An employee scheduled to work a designated holiday and who, without notice and valid reason therefore, in the judgment of the City, fails to report for such work, shall forfeit holiday pay as well as losing regular pay for the number of hours he/she would have worked. 6. Employees on vacation leave, jury duty, sick leave and other absences from duty but on a regular pay status on the day the designated holiday is observed must use the holiday on the same day that it is observed. 21 7. In order for an employee to receive holiday pay, the employee must work the regularly scheduled workdays immediately preceding and following the designated holiday, unless the absence has been approved and authorized in writing by the department. Employees who are absent from work in a non-pay status (such as an employee receiving Workers’ Compensation who has exhausted the injury benefit and sick leave, leaves of absence without pay, etc.) on either their regularly scheduled work day immediately preceding or immediately following the designated holiday shall not be paid for holidays falling within such periods. 8. If an employee calls in sick in accordance with established notification requirements when scheduled to work on a designated holiday, the employee shall receive holiday pay equivalent to the number of hours the employee is scheduled to work on the holiday and shall not be charged sick leave. 9. Pay Procedures for Designated Holidays a) Procedure when holiday falls on employee’s scheduled work day and employee takes the day off: Employees receive holiday pay equivalent to the number of hours the employee is scheduled to work on the holiday in addition to pay for all hours worked the remainder of the workweek. b) Procedure when holiday falls on employee’s scheduled work day and employee works part of the day, works the respective normal full work day, or works overtime beyond the respective normal full work day: Employees receive holiday pay equivalent to the number of hours the employee is scheduled to work on the holiday and are paid time-and-one-half for hours actually worked on the designated holiday. c) Procedure when holiday falls on employee’s regularly scheduled day off: Employee may elect to receive holiday pay equivalent to 20% of the employees’ weekly average budgeted hours which will not count as hours actually worked for the purpose of calculating overtime in addition to pay for all hours worked the remainder of the workweek; or may elect to designate as a holiday and not work his/her regularly scheduled work day which immediately precedes or immediately follows the City designated holiday within the same pay week, in which case the employee will receive holiday pay equivalent to the number of hours the employee is scheduled to work on that day, and such hours for holiday pay would count as hours actually worked for the purpose of calculating overtime. B. Floating Holidays In addition to the designated holidays above, employees shall be entitled to up to three (3) floating holidays per payroll calendar year. Employees receive floating holiday pay equivalent to the number of hours the employee is scheduled to work on the floating holiday in addition to pay for all hours worked the remainder of the workweek. Regular part-time employees shall be eligible to receive floating holidays at a prorated amount based on 20% of the weekly average of the 22 employee’s annual budgeted hours. Floating holidays may be utilized in full-day increments only, regardless of the number of hours the employee is scheduled to work on the day the floating holiday is utilized. Floating holidays shall count as hours worked for the purpose of calculating overtime. 1. Designated holidays or any day an employee is not scheduled to work may not be selected as a floating holiday. 2. Floating holiday requirements for new hires are as follows: a) No employee may utilize floating holidays until sixty (60) calendar days after his/her date of employment. b) Any bargaining unit member employed between January 1 and March 31 shall receive three (3) floating holidays to be utilized during the calendar year of hire. c) Any bargaining unit member employed between April 1 and June 30 shall receive two (2) floating holidays to be utilized during the calendar year of hire. d) Any bargaining unit member employed between July 1 and September 30 shall receive one (1) floating holiday to be utilized during the calendar year of hire. e) Any bargaining unit member employed on or after October 1 shall not receive any floating holidays during the calendar year of hire. 3. Floating holidays may not be carried over from one payroll calendar year to another. 4. Floating holidays are scheduled at the mutual convenience of the employee and the respective Department. Generally, 48 hours shall be considered reasonable notice for requesting the use of floating holidays. However, the respective Department Director or designee shall have the sole discretion to approve such requests if practicable when provided with less than 48 hours notice. 5. Upon an employee's separation from the City, the employee will receive a lump sum payment at the employee’s current base rate of pay for his/her remaining floating holiday balance, or if retiring may use such balance to advance the date of retirement. 23 Section 2. Vacation A. Vacation Accrual Vacation Accrual for Employees Years of Service Hourly Accrual Vacation Days 0-2 .0577 15 3 .0616 16 4 .0654 17 5 .0693 18 6 .0731 19 7 – and over .0770 20 B. Maximum amount of vacation leave that may be accumulated is 320 hours. C. The vacation year shall be the payroll calendar year. D. Vacation leave will accrue on a hourly basis and will be pro-rated according to hours in a paid status and excluding overtime, standby, recall or call back hours, or any hours paid by workers compensation. E. The borrowing or advancing of vacation leave prior to its accrual is prohibited. F. Employees must be employed for six (6) calendar months prior to requesting the use of vacation leave. G. New employees who fail to complete six (6) calendar months of service are not paid for any accrued vacation leave. H. All employees must be granted a minimum of two (2) weeks vacation per calendar year if properly requested by the employee in accordance with Department vacation selection procedures. Vacation leave may not be carried in an amount above the vacation cap. If vacation leave in excess of the cap is not taken, it is forfeited, except when a Department cannot schedule or cancels previously scheduled vacation time due to City work needs. The canceled vacation time must then be taken within 60 calendar days of the scheduled vacation date. No other granting of any carryover of vacation time above the vacation leave cap is permitted. I. A period shall be established for the purpose of vacation selection, known as a vacation pick. This period shall be the first two work weeks in the month of December each year. All employees will have the opportunity to submit their vacation requests for up to the number of hours that the employee currently accrues annually for that calendar year only. Management will review these requests and determine their operational needs and staffing requirements. Management will grant the requests that do not interfere with the operations of the City. However, an employee who is approved for time during the vacation pick process and then does not have accrued vacation hours to cover the time when it arrives may be denied vacation requests exceeding the amount of vacation hours the employee has accrued at the time of the following vacation pick period. If more than one person requests vacation that conflicts with staffing needs of the City, the conflict will be decided on the basis of City seniority, except that an employee who voluntarily changes 24 schedule or shift after the completion of the vacation pick process shall not be given precedence over another employee on the new schedule or shift who has already obtained approval for vacation on the same day. After the end of the vacation pick, any request for vacation shall be based on “first come, first serve.” Seniority of a bargaining unit member shall not be used to revoke vacation leave or other time off for which a department has granted prior approval to another bargaining unit member with less seniority. J. In the event an employee is promoted, demoted or transferred from a full-time position to a full-time position with greater or lesser biweekly hours, such employee's then accrued vacation hours shall be adjusted, as appropriate, to reflect the equivalent vacation days. K. Regular part-time employees shall have vacation accrual prorated each payroll period based on the actual hours in a paid status. L. Upon separation from the City service, employees shall be paid at their respective current base rate of pay at the time of separation for the unused portion of vacation leave for which they may at that time be eligible, or if retiring may utilize such remaining vacation leave balance to advance the date of retirement. M. If service requirements permit, employees may, with reasonable notice and the approval of their respective Department, use their accrued vacation in increments of quarter of an hour. 48 hours shall be deemed reasonable notice. However, the respective Department Director or his/her designee shall have the sole discretion to approve such requests if practicable when provided with less than 48 hours notice. The application of this paragraph shall not be subject to the grievance procedure. Section 3. Sick Leave A. Sick Leave Accrual 1. Employees shall accrue sick leave each payroll period prorated based on regular hours in a paid status and excluding overtime, standby, recall or call back hours, and any hours paid by workers compensation. Employees shall accrue .0462 hours of sick leave on an hourly basis. Note: Employees earn 12 days per payroll calendar year. 2. Regular part-time employees shall be eligible to receive sick leave at a prorated amount based on hours in a paid status in accordance with the above. B. Sick Leave Accrual Caps Employees hired prior to October 1, 2008 may accumulate up to 1,560 accrued hours. Employees hired effective October 1, 2008 or later may accumulate up to 1,040 accrued hours. C. Sick Leave Balance Transfers and Restoration 1. Sick leave balances are restored to an employee recalled from layoff or returned from a leave of absence. 25 2. Sick leave balances remain the same upon transfer to another Department or classification with the same hourly work week. 3. Sick leave balances are converted to equivalent days if an employee changes classification to that with a different hourly work week (i.e., -37-1/2 hour work week to 40 hour work week). 4. No sick leave balances are restored after a break in service. An employee will have a break in service if the employee is rehired by the City six (6) months after the date of resignation or retirement or one (1) year after a layoff. Authorized leaves of absence, suspensions, reinstatements after disability retirement or dismissal, and layoffs of less than one (1) year will be counted as continuous service and shall not be a break in service. D. Calculation for Use of Sick Leave 1. Sick leave may be authorized in increments of quarter of an hour. E. Authorized Use of Sick Leave Sick Leave usage shall be authorized for the following absences: 1. Due to personal illness or physical incapacity. 2. Due to exposure to contagious disease in which the health of others would be endangered by the employee’s attendance on duty. 3. Due to dental appointments, physical examinations, or other personal sickness prevention measures. 4. Due to illness of a member of the employee’s immediate family that requires the employee’s personal care and attention. “Immediate family” shall mean parents, step-parents, children, step-children, foster-child(ren), minor-guardianship(s), grandparents, grandchildren, brothers, sisters, present spouse and the “immediate family” of the employee’s spouse, domestic partner of record as defined in accordance with criteria, policies, and procedures determined by the City and the “immediate family” of the employee’s present domestic partner of record, or other family member living in the employee’s immediate household. Employees may be required to produce legal justification for Foster Child(ren)/Minor Guardianship(s). Employees found to be utilizing Sick Leave for any reason other than those stated above shall be subject to disciplinary action up to and including termination. Employees shall be authorized to use Sick Leave as it is accrued. Employees’ requests for sick leave to be used for doctor’s appointments shall be submitted with at least 24-hour notice, except the requirement shall be waived where the employees is able to demonstrate to his/her department director an emergency exists. The employees’ respective department reserves the right to not approve such requests when advance notice is not provided or the 26 employees’ absence will adversely affect operations. Employees shall be required to notify their immediate supervisor or management representative to request approval for sick leave each day that they are absent, except that an employee who has been approved for a continuous FMLA absence only shall be required to comply with the reporting procedures outlined in the City’s FMLA Policy instead. Such notification requests shall be provided through personal contact, except where the employee is able to demonstrate this is not possible. Failure to obtain approval for sick leave from competent City authority shall result in any such time being considered an unauthorized absence and in the denial of paid sick leave. Employees may voluntarily submit acceptable evidence such as a certificate from a medical doctor to substantiate the reason for requesting Sick Leave, or they may be required to do so when requested by their respective department director/designee if the employee is absent from work for three consecutive work days or if the respective department director/designee has reason to question the legitimacy of the absence. Certificates from medical doctors for absences more than one week should be forwarded to the Human Resources Department for recordkeeping and FMLA coordination. Employees may also be required to submit a certificate from a medical doctor on a continuous basis only in conjunction with a development plan established between the employee and the employee’s respective supervisor. A valid doctor’s certificate shall be a written, typed, or printed statement from the doctor specifying the date(s) of visit/consultation with the doctor, the date the employee is authorized to return to work, any conditions or limitations imposed by the doctor, and the signature of the doctor or his/her designee. The City reserves the right to substantiate the legitimacy of any certificate submitted by an employee as evidentiary reason for the use of Sick Leave. When an employee has a documented serious health condition, the City shall provide the employee with Family and Medical Leave Act request forms to be completed by the employee’s physician, which may be used to authorize use of Sick Leave in accordance with the terms of the Act. If approved, the completed FMLA forms shall be utilized to relieve the employee from the requirement to provide a doctor’s certificate for one initial continuous absence only. Employees who utilize sick leave may be required to undergo fitness for duty or maximum physical capacity examination in order to determine the employee’s ability to return to work in the same job classification or whether the employee may require a reassignment upon return to work. All such leaves shall be administered in accordance with the Family Medical Leave Act where applicable. F. Payment for Unused Sick Leave 1. Upon separation from the City service, an employee shall be paid for one-half of his/her accumulated unused sick leave up to a maximum payout of 520 hours for employees with a 1,040 hour cap or 780 hours for employees with a 1,560 hour cap, or may use such amount of sick leave to advance the date of retirement. The rate of payment shall be based on the current base hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation. The payment will be made provided: 27 a) The employee is retiring on City Pension. OR b) The separation is involuntary on the part of the employee including disability (incurred on or off the job) and layoffs. OR c) The employee’s estate shall receive payment if an employee dies. OR d) The employee is at least sixty-five (65) years of age and has a minimum of ten (10) years of service. 2. An employee who has been dismissed for cause shall have no claim for sick leave payment. G. Injury from Other Employment 1. An employee may not utilize accumulated sick leave for absences resulting from an injury arising out of and in the course of employment, other than City employment, for which monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for absences resulting from an injury arising out of and in the course of employment, other than City employment, may face disciplinary action up to and including termination. H. Use of Leave After Accrual 1. Employees may be authorized to use sick leave after it is accrued. The employee may be required to submit acceptable evidence such as a medical certificate from a medical doctor to substantiate the reason for requesting sick leave. I. Sick Leave Incentive Days 1. Following a payroll calendar year, a full-time bargaining unit employee, who has been employed full time for that entire year and has no unexcused absences and no more than two (2) incidents of unexcused tardiness, will be awarded sick leave incentive days in accordance with the following chart. Time charged to sick leave in conjunction with funeral leave shall not be counted toward the eligibility for bonus leave days. Sick leave incentive days must be used in the next payroll calendar year. Part-time employees are not eligible for sick leave incentive days. Amount of Sick Leave Used Sick Leave Incentive Days Awarded Less than one standard work day 2 One standard work day up to two standard work days 1 28 a) A payroll calendar year begins with the first day of the first pay period for the first paycheck date in the calendar year and ends with the last day of the last pay period for the last paycheck date in the calendar year. The City agrees, when practicable, to provide notice of the date of the beginning of the payroll calendar year and the date of the end of the payroll calendar year on employees’ paycheck advice statements prior to the respective payroll period in which such dates occur. b) Sick leave incentive days can only be used in full day increments and are not included in overtime calculations. c) Upon an employee’s separation from the City, the employee will receive a lump sum payment at the employee’s current base rate of pay for his/her remaining sick leave incentive day balance, or if retiring may use such balance to advance the date of retirement. J. Sick Leave Pool 1. A leave pool will be established by members of the bargaining unit subject to the following provisions: a) The purpose of the leave pool is to provide leave to bargaining unit members who face significant time off without pay due to a serious illness or injury, whether job-connected or non-job-connected, or serious illness or injury to a family member as defined Article 8.3. Section D.4. The leave pool may not be used for short time periods where an employee may be without pay. Short time shall be defined as less than 15 work days. b) A Union Designee or Elected Union Official shall determine use of the leave pool days, subject to the above purpose and limitations. i) A Union Designee or Elected Union Official may establish procedures, forms and other rules necessary for its effective operation, provided they are consistent with the provisions of this section and subject to the approval of the City Manager or his/her designee. Decisions are final and are not subject to the grievance procedure. ii) Bargaining unit members may donate days one time per year in the month of January from their vacation leave, floating holiday, or sick leave at least one (1) day. A day must be donated each calendar year to be eligible from program. c) No employee shall be permitted to donate more than four days of leave per year to the pool, unless authorized by the City Manager. d) In the event that the leave pool balance becomes lower than 100 days, the Union Designee or Elected Union Official may, with the prior approval of the City Manager or designee, open up the opportunity for additional donations to be made during the calendar year. e) All donations of pool leave time must be in full-day increments based on the full-time, regularly scheduled day for the employee’s respective job classification (i.e., an 8-hour or 10-hour day is a full day). 29 f) Donations of pool leave time are irrevocable. g) No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day-for-day. h) When pool leave time is authorized by the Union Designee or Elected Union Official for use by an employee, it shall be on a day-for-day basis, irrespective of the number of hours used each day. Each day or portion thereof shall be counted as one day. Bargaining unit members shall be eligible to be granted up to a maximum of 30 work days or portions thereof within a 12 month period counting backwards from the start of approved time of the most recent leave pool request. i.) An employee using leave pool time shall receive regular base pay and his/her regular shift pay. However, other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.). Pay for authorized pool days shall not be granted for the first 15 work days of the absence necessitating leave from the pool. After 15 work days of such absence, the employee shall be eligible to be paid retroactively for the first 15 work days, and shall thereafter be eligible to receive his/her regular pay for any remaining pool days authorized. j.) Pool leave time granted and not used in a given year by the employee receiving the donated pool leave time shall remain with the leave pool and be carried over to the next year. No donated pool leave time will be refunded to the donor. Section 4. Funeral Leave A. Employees shall be allowed up to four consecutive scheduled work days at any one time for funeral leave to make arrangements for and/or attend a funeral or memorial service with no loss of pay and no charge against sick leave time in the event of death in the “immediate” family. Employees requesting funeral leave more than one (1) year after the death of the “immediate” family member must obtain approval through the City Manager or designee. “Immediate” family shall be defined as the employee’s spouse, domestic partner of record as defined in accordance with criteria, policies, and procedures determined by the City, or the employee’s or employee’s spouse’s or domestic partner’s child, parent, foster-child(ren), minor guardianship(s), grandparent, grandchild, great-grandchild, brother, sister, stepparent, and stepchild. Employees may be required to produce legal justification for Foster Child(ren)/Minor Guardianship(s). B. Employees shall be allowed up to four (4) consecutive scheduled work days at any one time, chargeable to sick leave, to make arrangements for and/or attend the funeral or memorial service in the event of death in the “extended” family. The term "extended family" as used in this paragraph shall mean stepbrothers, stepsisters, brother's wife, sister's husband, daughter-in-law, son-in-law, aunts, uncles, nephews, and nieces of the employee or of the employee's spouse, or other members of the immediate household. It shall also include any blood relative of the employee living in the employee's household. 30 C. Regular part-time employees shall be eligible to receive funeral leave in accordance with the above. However, such days shall be paid at a prorated amount based on 20% of the weekly average of the employee’s annual budgeted hours. D. In the event that extenuating circumstances should necessitate an absence longer than four (4) consecutive scheduled work days to accomplish the purpose for which this section is designed, the employee's department head, with the prior approval of the City Manager or designee, may authorize an extension of such duration as may be necessary and proper. The request for an extension shall be submitted in form and substance suitable to the department head and the City Manager or designee. Compensation for approved additional days shall be chargeable to sick leave. To be eligible for funeral leave under either section, the employee must attend the funeral or memorial service. The City reserves the right to require documentation substantiating the request for funeral leave when such requests exceed two (2) in a twelve (12) month period, or when the City has a reasonable basis to contest the legitimacy of such requests. Authorized documentation for such purposes shall include but not be limited to a certificate of death, obituary notice, memorial card, note from the attending clergy, or documents verifying travel. Employees who request more than two (2) funeral leaves in a twelve (12) month period shall be notified upon approval of any additional funeral leave of the necessity to provide documentation to their respective department on their return to work for the duration of the twelve month period. E. Time Off to Attend Funerals on Personal Basis 1. Employees who wish to attend a funeral of a City employee or official or the family member of such employee or official may request to utilize accrued vacation time, floating holiday time, sick leave incentive day time, or may request to adjust their work hours within the same workweek. Such requests may be made to the respective Division Head or Department Director and may be approved by such authority. To the extent possible, approval shall be granted; provided, however, it is understood that operational necessities may preclude approval for a substantial number of employees. 2. An employee attending a funeral while using vacation time, floating holiday time, sick leave incentive day time, or time off without pay is doing so on a personal basis and is not recognized as a “City representative.” If the employee leaves from work to attend the funeral and/or returns to work after attending the funeral, all travel time shall be included in the vacation time, floating holiday time, sick leave incentive day time, or time to be adjusted. 3. Employees utilizing funeral leave when such leave is based on the death of a covered family member as provided by this Agreement shall be allowed time off with pay consistent with provisions of Article 8, Section 4. However, such employees are deemed off duty while on funeral leave. 31 Section 5. Line-of-Duty Injury A. The term line-of-duty injury is an injury which occurs on the job only when said injury is reported on the day of occurrence and when said injury incapacitates the employee from performing his/her job because of the injury. The City shall have the right to require the employee to have a physical examination by a physician of its choice prior to payment of any compensation. B. An employee may utilize accrued sick leave, however, the amount paid shall be only that amount permitted to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, to the point where the sum of all payments is equal to the employee's regular base pay at the time of injury. At such time as the employee receives his/her initial workers' compensation payment, the City shall allow the use of accrued sick leave up to the amount necessary, when combined with the workers compensation payment, to equal the employee's base pay. Any adjustment to pay under this policy will be made following the employee's return to work or at the expiration of the period for which Workers’ Compensation payments are provided under state law. C. Should an employee become unable to perform the essential functions of his/her job due to an on-the-job injury, the employee shall have the option of accepting a demotion or lateral transfer; provided that an opening exists in the position to which he/she is demoted or transferred and provided further that he/she is capable of performing the essential functions of that position. The City shall have the right to require the employee to take a noncompetitive examination to determine if the employee is capable of performing the essential functions of the position he/she seeks to fill. D. An employee with less than 12 months employment who is injured on the job and is eligible for Workers’ Compensation will not be charged sick leave for any medical appointments which occur during scheduled work hours and have been approved by Risk Management. E. The City may establish such reasonable reporting requirements as it deems necessary to insure the application of the Workers’ Compensation Law. Section 6. Military Leave A. Any employee who is a member of a Reserve Component or the National Guard and who is required to participate in active or inactive training duty shall receive leave with pay for such duty which falls on the employee's regularly scheduled work days up to a maximum of 240 hours per calendar year without loss of seniority rights or efficiency rating. Absences from duty for military reserve training time in excess of 240 hours per calendar year shall not be compensated by the City. A copy of the employee's military orders certifying his/her training assignment shall be submitted to the Department Director and the Human Resources Department immediately upon receipt. B. An employee who is required to attend military duty training which falls or occurs during regular working hours and which exceeds the 240 hours provided in Paragraph A above will be granted time off without pay. The employee shall be required to provide timely notice of such training 32 assignments to the City. When practicable as determined by the City, and upon the request of the employee, the City will adjust the employee’s schedule in order to accommodate participation in military duty training so that such training occurs on the employee’s days off. C. When emergency conditions occur as determined by the City, bargaining unit employees who are called up to active military duty shall be provided the same rights and benefits afforded to other City employees pursuant to established City policies or guidelines in effect at the time such conditions exist. D. Eligible employees will be paid in accordance with Sections 115.09 and 115.14, Florida Statutes. Section 7. Jury Duty and Court Time A. The City shall grant leave with pay for jury duty or when an employee is subpoenaed as a witness on the following conditions: 1. Leave with pay will be granted for those hours spent on jury duty that fall within the employee’s regularly scheduled work hours only. Leave with pay shall be granted for time spent in court when subpoenaed as a witness except in a case in which the litigation has been initiated by the employee or in any case involving divorce, child support, or custody. Employees will be paid at their base rate of pay for any hours spent in court outside of their regularly scheduled hours of work when subpoenaed as a witness as the result of a matter arising out of the course of their employment only. 2. If the time interval between the end of the employee's most recently worked shift and the reporting time of the jury summons is less than eight hours, the employee's work schedule will be adjusted to allow a minimum of eight hours time off prior to reporting for jury duty. Although not mandatory, management will give consideration to employees to have the ability to change hours for special situations pursuant to this paragraph. This section shall apply only to jury duty. 3. Hours spent in court when subpoenaed as a witness as a result of a matter not arising out of the course of employment which are compensated under the provisions of this Article shall not count as hours worked for overtime pay purposes. Hours spent on jury duty or in court when subpoenaed as a witness as the result of a matter arising out of the course of employment which are compensated under the provisions of this Article shall count as hours worked for overtime pay purposes. 4. If an employee is excused or released by the Court before the end of his/her scheduled work day, he/she must promptly return to work. 5. An employee must bring written evidence of jury duty service or court appearance before compensation is approved. 6. As soon as an employee learns of selection for jury duty or court appearance, he/she must notify the appropriate supervisor so that arrangements may be made for his/her absence 33 from work. 7. In the event a holiday shall occur during the period of the employee's jury duty or court appearance, the employee shall receive pay for such holiday in accordance with this agreement. Section 8. Administrative Leave The City Manager may at his/her discretion grant employees administrative leave with pay for their normal work shift or balance thereof when circumstances dictate that they be relieved from duty because their services are determined to be non-essential. The City Manager may at his/her discretion compensate employees, whose services are determined to be essential and are required to work under such circumstances, at a premium rate of pay in addition to any other compensation due for all hours actually worked when other employees City-wide or in the same work unit have been released on administrative leave. If the employee is required to work a shift which is less than the employee’s regular shift, the employee shall be paid in accordance with the above for all hours actually worked, and shall be granted administrative leave with pay for the remaining hours making up the employee’s regular shift. All hours actually worked shall be counted as such for the purpose of computing overtime. Scheduled administrative leave with pay shall not be considered as hours worked for the purpose of computing overtime. Unscheduled administrative leave with pay shall be considered as hours worked for the purpose of computing overtime. At least forty eight (48) hours notice shall be considered scheduled. Employees who are on previously approved leave are not eligible for administrative leave with pay. Employees on administrative leave with pay are required to be available during normal business hours. Nothing in this Section 8 shall effect the City’s Management Rights under Article 3, Section 4. Section 9. Leaves of Absence Without Pay A. Employees may take a medical leave of absence without pay for up to 12 weeks pursuant to the eligibility requirements of the Family Medical Leave Act. B. Upon the expiration of Family Medical Leave, an employee, who is unable to return to work due to the same reasons as in subsection A, may take an additional thirty (30) day leave of absence without pay, upon written request that is supported by medical documentation and approval by the City Manager or designee. Prior to the expiration of the employee’s thirty (30) day leave of absence, the employee will be required to re-submit supporting medical documentation, as well as written request for any additional leave, if necessary. Leave is subject to the approval of the Department and the Human Resources Director. In no event shall the additional medical leave of absence following the expiration of an employee’s Family Medical Leave exceed sixty (60) days. C. Upon written request with supporting documentation, employees may take a non-medical leave of absence without pay for up to thirty (30) days with the approval of the Department and the 34 Human Resources Director. If additional time is needed, the employee will be required to re- submit the written request with supporting documentation every thirty (30) days for approval. In no event shall a non-medical leave of absence be longer than sixty (60) days. D. Failure to return to work at the expiration of an approved leave shall be considered as absence without leave and grounds for dismissal, but upon timely return from leave, the employee shall be granted and restored to their original or an equivalent position with equivalent pay, benefits, and other employment terms after returning from a leave of absence. E. There will be no accrual of benefits or seniority during such leave. During a leave of absence without pay or any other non-paid leave or no-pay status of an employee exceeding two (2) weeks, the employee, if he/she desires to continue medical coverage for themselves and dependents, must pay the required premiums to the City. Failure to pay for such continuation shall result in the loss of coverage. F. Leave of Absence employees will be required to use all remaining accruals prior to entering a non-paid leave status. Section 10. Other Time Off An employee shall or may be granted necessary time off from his/her duties with compensation for any of the following reasons: A. Attendance at professional or other conventions, institutes, courses or meetings when such attendance, in the opinion of the City Manager or designee, may be expected to contribute to the betterment of the City service. B. Attendance at in-service training and other in-service meetings or programs sponsored by the City when, in the opinion of the City Manager or designee, such meetings or programs are designed to improve the City services and/or the employee's performance or to prepare him/her for advancement. The provisions of this paragraph shall be deemed to include authorized safety meetings and City-sponsored volunteer programs. C. An employee may be permitted to adjust his/her schedule within a specific workweek, or may be permitted to utilize paid leave, or may be granted time off without compensation upon the expiration of all paid leave for attendance at meetings other than those specified in the subsections above, or to attend urgent personal business, provided that such employee shall request approval from his/her department head in sufficient time to permit the latter to make arrangements therefore, and further provided that such time off will not seriously affect the efficient operation of the Department. D. Employees shall be released from duty without loss of pay while competing in City promotional examinations that are scheduled during duty hours. 35 Section 11. Union Time A. Union members shall be allowed time off with pay to attend an officially called conference, convention, or school not to exceed a total of 400 hours per fiscal year (inclusive for all Union members), with the approval of the affected Department Director, provided that no less than one week’s notice is provided. In addition, the five active employee Union members for whom the City funds the registration costs to attend the Florida Labor Management Conference or a similar labor-management conference in accordance with Article 5 of this Agreement shall be granted time off with pay and no charge to the Union hours above. B. Additional time off without pay for Union activity will be granted with the approval of the Department Director and such excused time will not exceed one week at a time. C. Bargaining unit members utilizing Union time off under provisions of this section shall not be eligible during the time of utilization for Worker's Compensation benefits in case of injury. D. Union time off does not count as hours worked for the purposes of calculating overtime. E. Union time off with pay shall be granted by the City for the purposes of grievance representation, labor management meetings, contract negotiations, and participation as a member or attendee of any City committee whereby the Union member appears at the behest of and in the interest of the City. The City reserves the right to not approve such leave requests if in its discretion it determines the absence of the Union representative will create an adverse impact to operations. The Union shall have the right to select the number of representatives authorized by the City to participate on the Union’s behalf on City-initiated committees, and shall notify the City in writing of the names of those members selected by the Union. The Union may select a substitute to replace an absent member on a City committee with the prior permission of the substitute Union member’s respective Department Director or designee. The Union local president may participate as the Union representative on any committees. The Union shall coordinate its choice of representatives so that no single work group or division will be adversely affected. Union time off with pay shall be provided for up to five Union Executive Board members (excluding a note taker) for contract negotiations and labor management committee meetings. F. The executive board of the Union shall be allowed a monthly meeting to transact any and all business pertaining to the Union, said meeting to be allowed during work hours not to exceed two hours at straight time. Section 12. Child Care Leave In accordance with the Family and Medical Leave Act, eligible employees may take up to twelve (12) weeks of unpaid, job-protected leave to care for a newborn child, newly-adopted child, or child with a serious health condition. Eligible spouses who work for the City are subject to the combined limitation of twelve (12) weeks as set forth in the Family and Medical Leave Act. 36 Section 13. Light Duty & Return to Work A. Employees who are physically unable to perform their designated jobs, with or without reasonable accommodation in accordance with applicable law, may be assigned to light or modified duty at the discretion of the City and in accordance with the skills, abilities, and qualifications of the employee, any medical or physical restrictions placed upon the employee, and the availability of work. Such duty assignments shall be afforded in increments of up to thirty (30) calendar days and shall be limited to a maximum of one hundred eighty (180) calendar days total. The employee’s ability to return to his/her designated position and the continued availability of the light or modified duty work shall be evaluated at each thirty (30)- day interval. Requests for light or modified duty work shall be submitted on the appropriate forms to the Human Resources Department. Employees designated for light or modified duty assignment shall be required to notify Human Resources of any changes in their condition that may impact their ability to perform the light or modified duty assignment or that may allow the employee to return to full-duty in his/her designated position. B. An employee may be absent from his/her designated position for a maximum of twelve (12) weeks in a twelve (12) month period, inclusive of time authorized for leave in accordance with an approved Family and Medical Leave Act request. This timeframe shall include any paid or unpaid absence (to include leave time granted from the sick leave pool), absence due to job- connected or non-job-connected injury or illness, or time served working in a light or modified- duty position. An employee who is unable to perform the essential functions of his/her designated position, with or without reasonable accommodation in accordance with applicable law, for more than twelve (12) weeks in a twelve (12) month period exclusive of time authorized for leave in accordance with an approved Family and Medical Leave Act request shall be required to accept alternate employment with the City in another job classification for which he/she is deemed by the City to be qualified and able to perform the essential functions, with or without reasonable accommodation in accordance with applicable law, or shall be subject to layoff. Section 14. Vacation Buyback In each payroll calendar year, 40-hour employees who have used at least 40 vacation hours may receive up to 80 hours of regular pay in exchange for the same number of vacation hours. The employee must maintain a minimum of 80 hours in their vacation bank after the exchange and can only make one request per year. The employee must not have received any formal discipline during that payroll calendar year and must receive at least Meet Standards on their annual evaluation. The employee must make a written request to the Payroll Preparers on or before November 15 to receive the requested hours of regular pay in the payroll period which includes December 1. In each payroll calendar year, 37.5-hour employees who have used at least 37.5 vacation hours may receive up to 75 hours of regular pay in exchange for the same number of vacation hours. The employee must maintain a minimum of 75 hours in their vacation bank after the exchange and can only make one request per year. The employee must not have received any formal discipline during that payroll calendar year and must receive at least Meet Standards on their annual evaluation. The employee must make a written request to the Payroll Preparers on or 37 before November 15 to receive the requested hours of regular pay in the payroll period which includes December 1. ARTICLE 9 WAGES & COMPENSATION Section 1. Salary See Appendix A – Alphabetical Listing of Job Classifications See Appendix B – CWA Pay Range Tables A. Pay Range minimums and maximums for all classifications represented by the bargaining unit shall be adjusted by 2 % effective on the first day of the payroll period that includes October 1, 2023. Effective on the first day of the payroll period that includes October 1, 2023, and prior to any merit pay increase, bargaining unit members shall receive a longevity award based on the number of consecutive years the bargaining unit member has been employed with the City since their most recent date of hire. The amount of this award shall be based on the table below. Years of Employment Annual Longevity Award Amount 1 - 4 $250 5 - 11 $500 12 - 19 $750 20 & greater $1,000 This Longevity Award shall be added to and considered a part of the employee’s annual base salary. No part of this Longevity Award shall be applied that would result in an employee’s annual rate of pay exceeding the maximum annual rate of pay as provided in Appendix B. Effective on the first day of the payroll period that includes October 1, 2023 to the last day of the payroll period that ends prior to October 1, 2024, employees whose current base rate of pay is below their respective pay range maximum and who receive a rating of Meets Standards or better on their annual performance review shall be provided with a merit pay increase equivalent to a 8% of the employee’s respective annual base rate of pay to be applied to the employees’ biweekly base rate of pay, effective as of the start of the payroll period that includes the date of the employees’ annual performance review. In no event shall the adjustment to the minimum rate of pay and merit pay increase be more than 8% for contract year October 1, 2023 thru September 30, 2024. Employees who are above the maximum annual rate of pay as provided in Appendix B shall not receive any increases in pay. 38 The parties agree that this Article 9 may be re-opened upon the written request of either party no later than June 1, 2024 for the purpose of negotiating adjustments to pay range minimums and maximums, merit pay increases, longevity award, or other pay adjustments for bargaining unit employees for the period, October 1, 2024 through September 30, 2025, and October 1, 2025 through September 30, 2026. B. Newly hired employees shall receive their first annual performance evaluation one year from their initial date of hire, and if rated Meets Standards or better, shall receive any applicable pay increases as of the start of the payroll period that includes the date of the initial one-year performance evaluation. Such employees shall be eligible for their next annual merit pay increase, if applicable, at the start of the payroll period that includes the following October 1 subsequent to the initial one-year performance evaluation. Approved merit pay increases for full-time and part-time employees shall become effective as of the employee’s eligibility as described above. Employees shall maintain their established performance evaluation date upon changes in classification, to include promotion to a higher level classification, demotion to a lower level classification, or transfer to another classification at the same level. Employees shall receive any applicable increase or decrease in rate of pay at the start of the payroll period that includes the date of the employees’ change in classification, and shall be eligible to receive the full merit increase as provided for above at the start of the payroll period that includes the date of the employees’ annual performance evaluation. C. In accordance with provisions of the City of Clearwater Pay Plan, bargaining unit members who are determined by their respective department to not meet standards or who receive a rating of Improvement Expected on their annual performance evaluation, and who subsequently receive a rating of Meets Standards on their initial or secondary 3-month follow- up performance evaluation, shall be eligible to receive any applicable pay increases effective on the date of the respective 3-month follow-up performance evaluation the employee is determined to meet standards. Such employees shall be eligible for their next annual merit pay increase, if applicable, on the following October 1 subsequent to the successful 3-month follow up performance evaluation, and upon receiving a rating of Meets Standards or better at that time shall receive a pro-ration of the above applicable pay increases based on the number of days between October 1 and the date of the successful 3-month follow-up performance evaluation, and shall continue to be eligible for any applicable merit pay increase on the October 1 date thereafter. Employees who receive a rating of Improvement Expected on their annual performance evaluation and both the initial and secondary 3-month follow-up performance evaluations shall not receive a merit increase, and shall be revaluated again after one year from the date of the initial evaluation that was rated Improvement Expected. D. Within budgetary allocations, the City Manager or designee, upon notifying the Union or Union designee, may authorize base pay increases. Such pay adjustments may be approved to respond to external labor market conditions, to address recruitment and/or retention issues, or to resolve internal organizational pay equity concerns. 39 E. Employees in job classifications based on a 37.5 work week shall remain in the 37.5 work week classification and be subject to the same rate of pay, schedule, benefits, and other emoluments as provided to 37.5-hour employees in this Agreement. However, a 37.5-hour employee who changes positions for any reason, including but not limited to transfers, promotions, demotions, etc., will lose this grandfather status and will have a new rate of pay, schedule, benefits, and other emoluments as provided to a 40-hour employee in this Agreement. Section 2. Overtime A. All employees outlined in the Pay Plan as eligible for overtime shall receive 1-1/2 times their regular rate of pay for all hours worked in excess of 40 hours per week. Employees shall only work overtime hours as directed or permitted by managerial personnel. Sick leave, vacation leave, funeral leave, and other time not worked shall not count as hours worked for overtime purposes. Designated City holidays, floating holidays, jury duty, and court time shall count as hours worked for overtime purposes. B. Overtime will not be assigned unfairly. Whenever practicable, the City will offer overtime assignments to perform work applicable to the CWA bargaining unit to available and qualified members of the bargaining unit prior to offering such assignments to non-bargaining unit personnel. 1. All overtime must be approved by the respective Department Director or Manager prior to any employees working outside their established work schedule. 2. The respective Department will determine if employees possess the qualifications, skills, and ability necessary to perform the required work prior to assigning the overtime. 3. Overtime will be assigned on a voluntary basis unless the respective Department Director or designee determines there is an emergency situation or there is not a sufficient number of employees available on a voluntary basis to perform the work. For an emergency situation or when an insufficient number of employees is available on a voluntary basis, overtime will be mandatory. 4. When additional work hours are required to complete necessary work and cannot be scheduled at least 48 hours in advance, the personnel working the assignment during normal work hours will be offered the additional work hours on a voluntary basis first, and then other employees possessing the qualifications, skills, and abilities necessary to perform the work will be offered the additional work hours on a voluntary basis. In order to minimize overtime costs, employees may be afforded the option of “flexing” the additional work hours within the same work week on a voluntary basis. If an insufficient number of employees working the assignment is available on a voluntary basis, employees working the assignment may be required to remain on duty until the work is completed. If additional personnel are needed, an overtime list developed by the respective Department with input from the applicable employees will be used to determine the order of selection for holdover, call-back or call-in. 5. When necessary work can be scheduled with reasonable notice at least 48 hours in advance, the respective Department Director or management designee will determine 40 whether to modify employees’ work shifts, authorize overtime, or allow employees to request to flex their work schedules. C. Any full-time employee who is required to work two consecutive full shifts in a twenty-four hour period will be provided $25.00 for meal money. Section 3. Standby and Recall (Mutually Exclusive) A. Standby shall be paid at the following rates during the term of this contract. Monday – Friday Saturday & Sunday Extended Time During Holidays $50 Per Night $70 Per Day $80 Per Day Daily standby (Monday-Friday) shall begin at the end of each regular workday and shall end at the beginning of the next workday (16-hour period). Weekend standby shall begin at what would be the normal starting time on Saturday and shall conclude at the beginning of the regular workday on Monday (48-hour period). Extended time during designated holidays shall apply when an employee assigned to standby continues in standby assignment for an 8-hour extended period for a designated holiday. In addition to the above amounts, an employee who is called out to work while on Standby duty shall be credited with one (1) hour work time or the actual hours worked during the entire Standby period, whichever is greater. An employee assigned to Standby who receives a work-related phone call during the Standby period and who conducts City business without being called out to work shall be credited with one-quarter of an hour or the actual amount of time of the phone call, whichever is greater, for each such phone call received. B. Recall (Call-out, Callback, and Call-in): If an employee is called back to work after the employee's normal work day and returns to work, or if an employee is called back to perform needed work after the employee’s regular shift ends and the employee has already left the job, or if an employee is called in to perform needed work on a weekend, holiday, or other equivalent period during which the employee would not otherwise have worked, the employee shall be credited with two hours work time or the actual hours worked, whichever is greater. Time shall be computed from when the employee reports on-duty, and ceases when he/she reports off-duty. C. Time beyond an employee’s regular work schedule when assigned and scheduled in advance, either as a continuation of a present shift assignment or the requirement to work on an employee’s regular non-workday(s) shall not be subject to any minimum guarantee pay or at least eight (8) hours. However, all time worked shall be credited toward hours worked for regular and overtime pay purposes. D. Employees shall not be assigned to standby duty if excused in advance by managerial personnel for approved vacation, float holiday, sick, or other absence during normal work shift, and in all cases the Department will seek volunteers prior to assigning standby duty. The City shall have the right to specify requirements needed for standby, including skills, dependability and ability 41 to report timely, and employees not meeting said requirements may not volunteer for such standby. E. Any employee assigned to standby and who, during the period of such standby assignment, is not readily available as required or who is or becomes unable to perform his/her work duties shall be subject to discipline, except that an employee who becomes sick or injured and immediately notifies his/her supervisor shall not be subject to discipline. The City may require evidence in the form of an excuse from a medical doctor of such injury or illness. Section 4. Shift Differential Regular, full-time employees (other than those utilizing flex-time) shall be entitled to 6% shift differential pay above the employees’ base rate of pay for all hours when the majority of their regularly scheduled hours for the work week fall between 4:00 PM and 12:00 AM, regardless of the starting or ending time of the employee's shift. Regular, full-time employees (other than those utilizing flex-time) shall be entitled to 8% shift differential pay above the employees’ base rate of pay for all hours when the majority of their regularly scheduled hours for the work week fall between 12:00 AM and 8:00 AM, regardless of the starting or ending time of the employee's shift. Section 5. Acting Pay An employee who is assigned to work in an “acting” capacity in a higher level classification for more than ten (10) consecutive work days shall receive acting pay retroactive to the day the acting assignment began, subject to the approval of the Department Director and Human Resources Director. The amount of pay shall be 5% higher than the employee’s current base rate of pay applied to all hours actually worked. Section 6. Training Differential Employees who are required to provide formal training to other employees outside of their normal job duties, and who are designated “Trainers” with an established curriculum as determined by the Department Director, will receive 5% above their normal base pay for any hours they are assigned to act as trainers in a formal training capacity. Section 7. Leadworker Assignment and Pay A Department Director, with the prior approval of the City Manager or his/her designee, may assign leadworker duties to a regular employee for such period of time as will, in his/her opinion, serve the best interest of the City. Such assignment shall be made only when a small group of workers are, in the normal course of their duties, regularly required to work at a time and/or place without the degree of supervision which, in the judgment of the Department Director, is conducive to efficient performance. An employee assigned leadworker duties will be required to perform all the duties of his/her regular position and additionally exercise primary layout and/or supervisory functions in relation to other workers who are ordinarily classified the same as the leadworker, accepting commensurate 42 responsibility for group performance. For the period of such assignment the leadworker shall be paid an additional biweekly amount representing 5% above his/her current base rate of pay. Leadworker assignments may be authorized for intervals up to one year in duration, or may be authorized for shorter intervals at the discretion of the respective Department Director. If an employee has been assigned as a Leadworker for one year, the Leadworker assignment shall then be rotated to another employee deemed by the respective department to be qualified for the assignment. If no other employees are interested or deemed qualified, an employee may be assigned Leadworker for consecutive one-year intervals. Section 8. Assignment Pay Differential A. A Department Director may, at his/her discretion and with the approval of the City Manager/designee and consent of the Union, designate a specific position or positions within a job classification which shall be eligible to receive a 5% Pay Differential when the duties of the position differ from others in the same classification in their difficulty, complexity, responsibility, or hazardous nature to the extent that additional compensation is deemed warranted. Assignments to positions may be on a rotational basis, or may be offered to employees in the respective classification based upon City seniority, however the Department Director shall have the right to remove any employee from such assignment in conjunction with a development plan if performance is deemed unsatisfactory. B. Solid Waste Equipment Operators and Solid Waste Workers who are assigned and complete two full routes on one work day during a work week that pickups are limited by a City designated Holiday shall receive a premium pay equivalent to four hours of pay based on the employee’s base rate of pay. Such premium pay shall not constitute hours worked or to be accumulated toward the calculation of overtime. C. Bargaining unit members designated as certified Bi-Lingual Interpreter, who have successfully passed a proficiency exam and where the position calls for interpretation skill sets, shall be eligible to receive $25.00 per payroll period for part-time employees and $50.00 per payroll period for full-time employees in addition to the employee’s current base rate of pay with the approval by their Department Director. D. Incumbents in the classifications of Industrial Electricians, Utilities Electronic Technician, Utilities Mechanic, Utilities Maintenance Foreman, and Utilities Maintenance Supervisor upon the effective date of this Agreement who are assigned to the maintenance of the Public Utilities infrastructure which includes plants and lift stations shall be eligible to receive a 5% Pay Differential. Section 9. Uniforms and Rain Gear A. The City agrees to provide each full-time employee who is required to wear a uniform with an initial issue of five uniforms. Permanent part-time employees who are required to wear a uniform shall be issued a pro-rated number as determined necessary by the hiring department based on scheduled hours/days of work per week. The City shall determine the manner of procurement and style of uniforms to be worn. The City agrees to provide, at a minimum cotton 43 blend uniforms of at least 35% cotton to employees who are required to wear uniforms. Polyester or polyester blend uniforms that utilize cooling properties may be utilized. The employee agrees to launder the uniforms. The employee will be issued a replacement for each uniform that becomes torn or tattered as the result of normal wear and tear, but not for a uniform that has been damaged due to the employee's abuse or negligence. The employee must return the uniform as a condition for receiving a replacement. B. The City will provide safety shoes for each employee who is required to wear such. The City shall have the authority to designate additional job classifications as eligible for the provision of safety shoes. Employees who request safety shoes and are denied such by their department may have the decision reviewed by the City Manager or his/her designee by submitting a written request within 10 work days of the department’s decision. The decision of the City Manager or designee shall be final and binding and not subject to arbitration. The City shall determine the manner of procurement to be afforded all affected employees, and shall have the right of approval in determining types of shoes which are acceptable. Employees shall provide worn or unserviceable safety shoes to their respective department for inspection in order to obtain authorization for replacement. Employees may be permitted to keep such worn shoes after inspection at the discretion of their respective departments. C. The City will provide employees with adequate rain gear. Rain gear that is worn, torn, and/or tattered through normal wear and tear shall be replaced, provided that the employee turned in the old rain gear. Employees may use umbrellas instead of rain gear as appropriate to the job classification. D. All uniforms and equipment provided by the City shall be issued and accounted for in accordance with I.R.S. regulations governing same. Section 10. Certification Pay A. Incumbents in the classifications of Fleet Mechanic, Mechanic Fabricator, Fleet Mechanic Supervisor, Fleet Parts Specialist, and Warehouse Supervisor who obtain and maintain job- related ASE certifications in accordance with standards established by the City shall receive $0.50 per hour in addition to the employees’ base rate of pay for each such certification obtained and maintained up to a maximum of seven (7) such certifications. City fleet service mechanics who obtain and maintain the required ASE certifications constituting the designation of ASE Master in a City authorized module of study shall receive $5.00 per hour in addition to the employees’ base rate of pay in lieu of the individual certification pays described above. The City agrees to pay the cost of the training and examination process for each certification the first time employees attend such only. The City reserves the right to determine the appropriate certifications that will be entitled to the additional compensation. B. The classifications of Beach Lifeguard and Senior Beach Lifeguard shall be eligible for a 5% certification pay differential in addition to the respective incumbent’s base rate of pay for the possession and maintenance of a valid State of Florida Emergency Medical Technician certification. 44 The classifications of Aquatics Coordinator and Pool Lifeguard who obtain and maintain job related Water Safety Instructor, Lifeguarding, or Emergency Medical Responder certifications shall receive $0.25 per hour in addition to the employees’ base rate of pay for each certification up to a maximum of three (3) certifications. C. The classification of Building Construction Inspector shall be eligible for a 15% licensure pay differential in addition to the respective incumbent’s base rate of pay for the possession and maintenance of two or more valid inspector licenses offered by the State of Florida Building Code Administrators and Inspectors Board. The classification of Building Construction Inspector shall also be eligible for a licensure pay differential of $50 per payroll period in addition to the respective incumbent’s base rate of pay for the possession and maintenance of each valid plans examiner license offered by the State of Florida Building Code Administrators and Inspectors Board when the employee is directed by his/her department to utilize such license at any time during the payroll period. The table below establishes parameters within the current pay range to identify pay level in relation to the license(s) held. Licenses Held Starting Compensation One (1) license $52,000 Two (2) licenses $54,000 Three (3) licenses $57,000 Four (4) licenses $60,000 D. Incumbents in the classifications of Water Distribution Operator and Water Distribution Lead Operator , Water Distribution Foreman, and Water Distribution Supervisor who obtain and maintain job-related Water Distribution Operator Licenses in accordance with standards established by the City shall receive $50.00 per payroll period in addition to the employee’s base rate of pay. The City agrees to pay the cost of the examination process for each level certification. Incumbents in the classification of Water Quality Technician who obtain and maintain job- related Water Distribution Operator or Water Treatment Plant Operator Licenses in accordance with standards established by the City shall receive $50.00 per payroll period in addition to the employee’s base rate of pay. The City agrees to pay the cost of the examination process for each level certification. Incumbents in the classifications of Water/Wastewater Plant Operator C, Water/Wastewater Plant Operator B, Water/Wastewater Plant Operator A, and Chief Water/Wastewater Operator shall receive $50.00 per payroll period if classified as a “C’ licensed Operator; $100.00 per payroll period if classified as a “B’ licensed Operator; and $150.00 per payroll period if classified as an “A” licensed Operator or Chief Operator, in addition to the employee’s base rate of pay. E. Police Telecommunicators, Senior Police Telecommunicators, and Police Telecommunicator Supervisors, who are hired on or after October 1, 2022, shall receive a 3% increase to base pay for each of the following training tasks successfully completed: (i) call-taker-training and successful completion of the related state exam; (ii) information/CJIS terminal training; (iii) dispatcher training. 45 Incumbent Police Telecommunicators, Senior Police Telecommunicators, and Police Telecommunicator Supervisor, who were hired prior to October 1, 2022, shall receive 1.5% increase to base pay for each of the training tasks, as listed in the previous paragraph, completed as of October 1, 2022. Incumbent employees in these classifications will not be eligible for further training-related adjustments. Police Telecommunicators, Senior Police Telecommunicators, and Police Telecommunicator Supervisors shall receive each training-related adjustment only once regardless of job classification or adjusted amount. Section 11. Replacement/Repair of Tools The City will replace or repair, as appropriate, the tools of employees who are required by the City to furnish their own tools, when it can be verified such tools are broken on the job or when such tools are stolen from the job site and a police report confirming the theft is given to management. Tools will be replaced with tools of same manufacture and model. If the exact tool cannot be provided, a tool of equal value and quality shall be provided. Employees shall be required to report the breakage or loss of such tools to theft immediately in order to be entitled to replacement or repair. Section 12. Training and Career Development Workshops Employees will be compensated in accordance with the Federal Fair Labor Standards Act and applicable City Policy for the time the employee attends training and career development workshops. Section 13. Travel and Mileage Employees shall be compensated in accordance with the Federal Fair Labor Standards Act and applicable City Policy for work related travel time. All employees who drive their own vehicle for City business will be paid upon request reimbursement in accordance with City policy for any mileage traveled at the rate set by the Internal Revenue Service. Section 14. Commercial Driver's License A. Employees in driving positions which require a CDL and who fail to comply with requirements of the State of Florida CDL program cannot continue to function in their driving positions. At such time as the employee can no longer drive vehicles required in his/her job classification because of his/her failure to comply with CDL requirements of the state, the City shall preclude the employee from driving the designated City vehicles. The employee shall have thirty (30) days in which to comply with the state CDL requirements or to obtain a transfer, demotion or promotion to a position not requiring CDL licensure. Such job change must be accomplished within the normal processes for transfer, demotion or promotion. Failure to obtain the appropriate license or, alternately, to obtain a transfer, demotion or promotion to a position not requiring the CDL shall result in the layoff of the employee. 46 B. The City will reimburse regular, non-probationary employees for the cost of any CDL and endorsements required by the City, including any fees associated with obtaining such license or endorsements, provided the employee has submitted evidence of possession of the CDL in good standing along with a receipt identifying the costs incurred. Section 15. Parking The City will make an effort to provide parking for all employees. Section 16. Tuition Reimbursement Each member of the bargaining unit shall be entitled to reimbursement for tuition fees for approved courses in accordance with the City’s Tuition Refund Program up to an amount of $2,500 per year for each fiscal year of this Agreement. ARTICLE 10 INSURANCE Section 1. The City agrees to meet with the CWA representatives as necessary to review the health and life insurance programs for the purpose of reducing the cost of such programs for the City and the employees. The City further agrees to provide the CWA with such information as it has available which would be required to formulate such a benefit package and to cooperate with the CWA to obtain pertinent information from the present carrier. Section 2. The City agrees that for the calendar year occurring within the first year of the agreement, the City shall contribute toward the medical insurance premiums for employees and their dependents in the amount authorized for the plans approved by the City Commission. The City and Union agree to maintain a Benefits Committee recommendation process culminating in final action by the City Commission to determine medical insurance premiums for employees and their dependents for the duration of this Agreement. The City further agrees that during the life of the agreement, the City will make available to employees the option of at least one health insurance plan for which the City shall pay 100% of the premium for the employee only base benefit plan cost, it being understood that such base plan may provide a different level of benefit than that which is currently provided, and that such plan may include requirements or incentives as conditions for enrollment in the plan as determined by the outcome of the Benefits Committee process described above.. Additional coverage for the family or spouse, as well as any enhancements or “buy ups” to the base plan will continue to be paid for by the employee. Section 3. The City shall pay the premiums for group life insurance for all bargaining unit members equivalent to one-and-one-half times the respective employee’s annual base rate of pay, up to a maximum of $50,000 coverage. Section 4. Unemployment Insurance: The City shall participate in and provide employees with unemployment insurance as provided by law. Section 5. Workers' Compensation Insurance: The City shall participate in and provide employees with Workers' Compensation Insurance as provided by law. 47 Section 6. Social Security Insurance: The City shall provide all necessary employer contributions for social security insurance as provided by law for those employees ineligible to participate in the City retirement program. Section 7. Liability Insurance: The City shall provide legal counsel to assist in the defense of any claim against any member of the bargaining unit, where the claim results from the employee's employment with the City and where the employee is acting within the scope of his/her employment, except that the City will not be obligated to defend or pay a claim based on an intentional tort. The City will indemnify, pay or insure any claim other than an intentional tort. ARTICLE 11 PERFORMANCE AND DISCIPLINE Section 1. No employee shall be disciplined except for just cause. Section 2. The City and the Union will continually review the Performance & Behavior Management Program (PBMP) at mutually convenient time periods in a cooperative manner. Section 3. Whenever the City or the Union proposes to amend any policy affecting the discharge and discipline of unit employees, the City or the Union shall provide notice and a copy of the proposed amendments to the other party at least 21 days in advance of a meeting. The Union and the City shall meet to reach consensus on any proposed changes. Section 4. Whenever an employee who is an Union member is noticed of any meeting that could result in discipline, the employee will be granted a minimum of two (2) business days before the meeting to arrange for Union representation. Business days shall be defined as Monday through Friday exclusive of any holiday recognized by the City. Section 5. Development plans designed to address employees’ performance or behavior which does not meet established standards or expectations may be initially implemented for a period from a minimum of 3 months to a maximum of 6 months, and may be extended for up to an additional 6 months if deemed appropriate. Employees shall be provided written acknowledgment of successfully completed development plans. ARTICLE 12 DRUG AND ALCOHOL POLICY The City’s policy is intended to conform to the Drug Free Work Place Act and to be in compliance with any Federal Law requirements regarding the unlawful manufacturing, distribution, dispensation, use or possession of any controlled substance or illegal drug. Section 1. Voluntary use of controlled substances which cause intoxication or impairment on the job and poses risks to the employer, the affected employee and their coworkers, is prohibited. 48 Section 2. All bargaining unit employees will be fully informed of the employer's for cause drug testing policy before testing is administered. Bargaining unit employees will be provided with information concerning the impact of the use of drugs on job performance. Unit supervisors will be trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will permit two employees selected by the Union to attend such training class on City time. Section 3. Annual Physical Employees in job classifications which require an annual or biannual physical may be required to submit to a drug screening as part of the annual physical examination. Section 4. City’s Drug and Alcohol Program Policy The City’s Drug and Alcohol Program Policy delineates drug and alcohol test procedures. Revisions governing testing standards and job classification specifications shall be made as revisions to laws or regulations of state or federal government or agencies deem permissible. Union representatives will be furnished with copies of the policies upon such revision. Whenever the City or the Union proposes to amend or change any policy affecting drug and alcohol testing, the City or the Union shall provide notice and a copy of the proposed amendments or changes to the other party at least 30 calendar days in advance of the proposed effective date of the change. The Union and the City shall have the right to bargain such proposed amendments or changes in accordance with the law and the terms of this agreement. ARTICLE 13 RETIREMENT Section 1. The City agrees to send announcements of regularly scheduled meetings of the Board of Trustees of the Employees' Retirement System to the President of the Union. Section 2. A spokesman for the Union shall have the right to present the Union's views regarding the employees' retirement system either orally or in writing to the Advisory Committee of the Board of Trustees. Section 3. Notification of any change of benefits in the Employees' General Pension Plan shall be given to the employees 60 days prior to any action taken. Section 4. The parties agree to bargain proposed changes in the City's Pension Plan that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members. Section 5. Vacation and Bonus to be Credited Toward Retirement A. Vacation Accumulation The amount of vacation accumulation shall not exceed 240 hours for the purpose of early retirement. 49 B. Special Bonus Days After 20 Years Upon the completion of a total of 20 years (consecutive) service with the City, an employee who was employed by the City prior to October 1, 1990, shall be entitled to begin accumulating credit toward the awarding of bonus days for the purpose of early retirement or a cash settlement only at the time of retirement which shall not exceed a total of 15 working days. No bonus days shall be provided to any employee hired by the City on or after October 1, 1990. The schedule for the accumulation of bonus days shall be as follows: Upon completion of 21 years service Accumulate 1 day Upon completion of 22 years service Accumulate 2 additional days Upon completion of 23 years service Accumulate 3 additional days Upon completion of 24 years service Accumulate 4 additional days Upon completion of 25 years service Accumulate 5 additional days Number of days which may be accumulated 15 days total Section 6. During the advancing of the retirement date through the use of sick leave, bonus days, and vacation leave, employees shall not accrue any benefits except retirement credit, including but not limited to vacation leave, sick leave, insurance premiums, holidays, floating holidays, workers’ compensation, salary increases, assignment pay, shift pay, allowances, reimbursements or special payments, or bonuses of any kind. ARTICLE 14 SENIORITY, LAYOFF, AND RECALL Section 1. Seniority A. Seniority is defined as the length of continuous service in City employment. Seniority will continue to accrue during all types of leaves of absence with pay and other leaves where specifically provided. B. After successful completion of the initial probationary period, which is six months, seniority will revert to the date of employment. Seniority shall be used as a factor in consideration for promotion. When skills and qualifications are substantially equal, seniority shall prevail. C. Employees shall lose their seniority only as a result of the following: 1. Voluntary termination. 2. Retirement. 3. Termination for Cause. 4. Failure to return from military leave within the time limit prescribed by law. 50 D. Whenever there is a question as to which bargaining unit employee shall be allowed vacation for requests made outside of the established “vacation pick” process, days off, differential payments or hours of work, seniority shall prevail, provided skills and qualifications are substantially equal. Section 2. Layoffs A. An employee may be laid off by the City Manager in the manner herein provided when there is lack of work or funds, abolition of either full-time or part-time position, or material changes in duties or organization which require a reduction in personnel. No regular employee, however, shall be laid off while there are Emergency, Temporary, Seasonal, probationary, or other non- regular status employees serving in the same class. B. When the need arises for laying off either full-time or part-time regular employees in any department for any of the reasons enumerated in Section 1 hereof, the order of layoff shall be determined by taking into account both service ratings and seniority. It is specifically understood that layoffs will be by classification on a city-wide basis. When other qualifications are substantially equal, City seniority will govern. When City seniority is the same, time in classification will govern. When City seniority and time in classification are the same, the order of layoff shall be determined by a coin toss. When determining the order of layoff for part-time employees, City seniority shall be defined by the number of completed continuous service hours. C. An employee who is designated to be laid off shall have the opportunity to revert to the classification he/she held prior to his/her current classification. If a vacant position exists within such employee’s prior classification, the employee will be assigned to the vacant position. If no vacant position exists within such employee’s prior classification, and this movement requires further reduction in the work force, the same procedure shall be utilized for subsequent positions in accordance with this section, and the process continued through the ranks thereafter. The provisions of this and the following section are based on the premises that the services of the affected employee have been satisfactory and that he/she is physically and mentally capable of efficiently discharging the duties of another position in the same or lower class. D. Names of regular employees who are laid off shall be placed on the re-employment list for the appropriate class for re-employment within one year thereafter when vacancies in the class occur. An employee who is eligible to have his/her name placed on a re-employment list may, on written request and with the approval of the Human Resources Director and the City Manager or designee, have his/her name also placed on re-employment lists for the same or lower classification requiring essentially the same or lesser qualifications within a class series or for other classes in which the employee previously had regular status. Names shall be placed on the re-employment list in the order of City seniority. 51 ARTICLE 15 DURATION, MODIFICATION AND TERMINATION This Agreement shall be effective as of October 1, 2023 and shall continue in full force and effect until September 30, 2026. At least 120 days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of its intention to modify, amend or terminate, as herein above set forth, will automatically extend the provisions and terms of this Agreement for a period of one year, and each year thereafter absent notification. This Agreement and the City’s responsibilities under this Agreement shall terminate upon decertification of the Union or the suspension or revocation of the Union’s certification by the Florida Public Employee Relations Commission. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _________ day of _______________________________, 2023. ATTEST: CITY OF CLEARWATER ______________________________ ____________________________________ Rosemarie Call, City Clerk Jennifer Poirrier, City Manager Approved as to form and correctness: Countersigned: ______________________________ __________________________________ David Margolis, City Attorney Brian Aungst Sr., Mayor COMMUNICATIONS WORKERS OF AMERICA _______________________________ Ronald Rice, President, Local 3179 WITNESSES: ______________________________ ______________________________ i APPENDIX A Alphabetical Listing of Job Classifications Job Class Current Job Title Salary Range 3728 Account Collector 7 3815 Accounting Technician 9 3660 Air Conditioning Technician 14 3365 Aquatics Coordinator 12 3340 Arborist 14 3362 Beach Lifeguard 9 3845 Billing Specialist 10 3645 Building & Maintenance Supervisor 18 3425 Building Construction Inspector 18 3423 Building Inspector Technician 14 3250 CAD & GIS Technician 14 3030 City Clerk Specialist 13 3445 Code Enforcement Inspector 15 3429 Combination Building Inspector 20 3615 Container Maintenance Worker 10 3245 Contracts & Procurement Specialist 13 3915 Custodial Worker 3 3840 Customer Service Representative 7 3850 Customer Service Specialist 11 3724 Customer Service Trainer 15 3410 Development Review Technician 12 3415 Development Review Trainee 7 3630 Electrical Supervisor 18 3885 Engineering Technician 14 3255 Environmental Code Enforcement Inspector 15 3700 Fire Apparatus Mechanic 16 3685 Fleet Buying Coordinator 18 3705 Fleet Mechanic 14 3680 Fleet Mechanic Supervisor 19 3690 Fleet Operations Trainer 15 3675 Fleet Parts Specialist 8 3740 Gas Operations Supervisor 21 3745 Gas System Specialist 19 3755 Gas Technician 11 3756 Gas Technician Apprentice 8 3059 Graphic Designer 15 3465 Industrial Electrician 17 3550 Industrial Pretreatment Inspector 16 ` ii APPENDIX A Alphabetical Listing of Job Classifications Job Class Current Job Title Salary Range 3435 Inspections Specialist 16 3750 Lead Gas Technician 17 3305 Lead Parks Service Technician 13 3165 Lead Stormwater Technician 14 3319 Lead Streets & Sidewalks Technician 15 3495 Lead Wastewater Collections Technician 16 3538 Lead Water Plant Operator 20 3558 Lead Wastewater Treatment Plant Operator 20 3280 Library Assistant 5 4655 Library Page 2 3650 Licensed Electrician 16 3910 Maintenance Worker 5 3780 Marine Facilities Supervisor 16 3900 Marine Facility Operator 9 3695 Mechanic Fabricator 14 3722 Meter Reader 6 3187 Parking Attendant 2 3190 Parking Citation Assistant 7 3200 Parking Enforcement Specialist 9 3195 Parking Enforcement Supervisor 17 3205 Parking Marina Supervisor 17 3180 Parking Meter Technician 12 3175 Parking Operations Supervisor 17 3925 Parking, Facilities & Security Aide 5 3330 Parks Heavy Equipment Operator 12 3302 Parks Service Foreman 15 3300 Parks Service Supervisor 17 3309 Parks Service Technician 4 3825 Personnel/Payroll Technician 12 3655 Plumber 14 3120 Police Aide 5 3115 Police Office Specialist 9 3110 Police Property Clerk 8 3105 Police Property Supervisor 16 3100 Police Records Clerk 6 3095 Police Records Specialist 11 3090 Police Records Supervisor 16 3085 Police Telecommunicator 14 ` iii APPENDIX A Alphabetical Listing of Job Classifications Job Class Current Job Title Salary Range 3080 Police Telecommunicator Supervisor 18 3087 Police Telecommunicator Trainee 10 3370 Pool Lifeguard 5 3492 Public Utilities Wastewater Collections Foreman 18 3490 Public Utilities Wastewater Collections Supervisor 21 3387 Recreation Coordinator 12 3380 Recreation Facilities Support Custodian 9 3392 Recreation Leader 5 3505 SCADA Specialist 20 3075 School Crossing Guard Coordinator 10 3726 Senior Account Collector 12 3813 Senior Accounting Technician 13 3360 Senior Beach Lifeguard 13 3875 Senior CAD & GIS Technician 16 3443 Senior Code Enforcement Inspector 17 3880 Senior Construction Inspector 18 3835 Senior Customer Service Representative 12 3405 Senior Development Review Technician 14 3752 Senior Gas Technician 14 3057 Senior Graphic Designer 17 3275 Senior Library Assistant 11 3720 Senior Meter Reader 10 3185 Senior Parking Attendant 6 3307 Senior Parks Service Technician 10 3082 Senior Police Telecommunicator 16 3385 Senior Recreation Coordinator 13 3390 Senior Recreation Leader 10 3610 Senior Solid Waste Worker 10 3167 Senior Stormwater Technician 12 3321 Senior Streets & Sidewalks Technician 12 3235 Senior Survey Assistant 12 3760 Senior Utility Dispatcher 9 3497 Senior Wastewater Collections Technician 14 3440 Sign Inspector 15 3665 Skilled Tradesworker 11 3595 Solid Waste Accounts Coordinator 12 3601 Solid Waste Boom Crane Operator 12 ` iv APPENDIX A Alphabetical Listing of Job Classifications Job Class Current Job Title Salary Range 3600 Solid Waste Equipment Operator 13 3591 Solid Waste Operations Supervisor 19 3592 Solid Waste Service Foreman 15 3590 Solid Waste Supervisor 19 3602 Solid Waste Technical Operator 11 3620 Solid Waste Worker 6 3800 Staff Assistant 7 3130 Storeskeeper 10 3150 Stormwater Foreman 16 3155 Stormwater Heavy Equipment Operator 12 3148 Stormwater Supervisor 20 3169 Stormwater Technician 8 3160 Street Sweeper Operator 12 3315 Streets & Sidewalks Supervisor 18 3323 Streets & Sidewalks Technician 8 3240 Survey Assistant 7 3230 Survey Crew Leader 15 3210 Traffic Engineering Assistant 12 3215 Traffic Operations Supervisor 18 3220 Traffic Sign & Marking Technician 12 3225 Traffic Signal Technician 14 3605 Transfer Station /Scales Operator 11 3345 Tree Trimmer 8 3480 Utilities Electronics Technician 16 3474 Utilities Lead Mechanic 16 3462 Utilities Maintenance Foreman 18 3460 Utilities Maintenance Supervisor 21 3475 Utilities Mechanic 14 3765 Utility Dispatcher 7 3670 Warehouse Supervisor 16 3500 Wastewater Collections Technician 8 3555 Wastewater Treatment Plant Chief Operator 22 3560 Wastewater Treatment Plant Operator A 18 3562 Wastewater Treatment Plant Operator B 16 3565 Wastewater Treatment Plant Operator C 14 3570 Wastewater Treatment Plant Operator Trainee 8 3512 Water Distribution Foreman 18 3515 Water Distribution Operator Lead 16 ` v APPENDIX A Alphabetical Listing of Job Classifications Job Class Current Job Title Salary Range 3520 Water Distribution Operator 13 3525 Water Distribution Operator Trainee 8 3510 Water Distribution Supervisor 21 3535 Water Treatment Plant Chief Operator 22 3540 Water Plant Operator A 18 3542 Water Plant Operator B 16 3545 Water Plant Operator C 14 3546 Water Plant Operator Trainee 8 3503 Water Quality Technician 14 3625 Welder/Manufacturer 13 ` vi Appendix B C.W.A. Pay Range Tables 2080 Annual Hours Salary Range FY23/24 Annual Min* FY 23/24 Annual Max 1 32,460.4800 36,023.1768 2 32,947.3872 37,824.4152 3 33,441.7200 39,715.8216 4 33,943.2132 41,701.3740 5 34,452.3972 43,786.6416 6 34,969.2720 45,975.8676 7 35,493.5724 48,274.6212 8 36,026.3592 50,688.7368 9 36,566.3064 53,222.9880 10 37,114.7400 55,884.2700 11 37,671.6600 58,678.1520 12 38,507.5704 61,612.0596 13 40,433.1876 64,692.8880 14 42,454.8072 67,927.5324 15 44,577.4680 71,323.9488 16 46,806.2088 74,890.0932 17 49,146.3336 78,634.4520 18 51,603.9420 82,566.0420 19 54,184.0728 86,694.4104 20 56,893.3560 91,029.1044 21 59,738.1564 95,580.7320 22 62,724.5736 100,359.6360 * In no event shall any employee make less than minimum wage per State Statute. ` vii Appendix B C.W.A. Pay Range Tables 1950 Annual Hours Salary Range FY23/24 Annual Min* FY 23/24 Annual Max 1 30,431.7000 33,771.8940 2 30,888.1092 35,460.4224 3 31,351.6788 37,233.8148 4 31,821.8784 39,094.9884 5 32,299.2384 41,050.0428 6 32,783.7588 43,102.4256 7 33,275.1744 45,257.4408 8 33,774.5460 47,520.6576 9 34,281.0780 49,896.5844 10 34,795.3008 52,391.5860 11 35,317.2144 55,010.7012 12 36,100.8804 57,761.3556 13 37,906.0968 60,649.6488 14 39,801.2160 63,681.9456 15 41,791.2768 66,866.2020 16 43,881.0528 70,209.5784 17 46,074.7872 73,719.7656 18 48,378.5796 77,405.7804 19 50,797.7340 81,275.8440 20 53,337.5544 85,339.7688 21 56,004.4056 89,607.1020 22 58,804.3872 94,087.1256 * In no event shall any employee make less than minimum wage per State Statute. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1313 Agenda Date: 11/2/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve a proposal by Construction Manager at Risk Khors Construction Inc., of Pinellas Park Florida, for renovations and structural repairs at BayCare Ballpark in the amount of $1,344,526.45; transfer $600,000.00 of Penny for Pinellas Funds at first quarter from C2001-Athletic Fields and Facility Renovations to M2204-Carpenter and Baycare Repair and Replacement, and authorize the appropriate officials to execute same (consent) SUMMARY: On September 17, 2020, Council approved the award of RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing contracts to thirteen firms with Khors Construction, Inc., being one of the thirteen firms selected. Khors Construction was selected due to the ability of their professional personnel (project managers), past performance not only at BayCare Ball Park for last year’s structural repairs but other high-profile projects. Kohrs has a lot of experience managing contractors for structural repairs and repairing large and small sports venues. Their ability to deliver a quality product, meeting designated timelines, and doing it professionally sets them apart from the other construction managers considered for this project. A 20-year capital improvement (reserve) study was completed in Fiscal Year 2014/15 by Wannemacher Jenson Architects Inc. (WJA) and Delta Engineering for Baycare Ballpark (formerly Spectrum/Bright House Field). As a result of the study, CIP budgets for the maintenance and upkeep of Baycare Ballpark were established. Pennoni Associates, Inc. conducted their annual structural inspection of the stadium and recommend that several structural cracks, spalling concrete, sealant repairs, rusting doors, gates and stair tread be repaired. In addition, after 20 years the acoustical sound system needs to be replaced and upgraded to cover dead spots and remove and replace existing speakers throughout the complex. This contract will provide for concrete repairs at several locations in the stadium where various structural cracks have appeared in the precast beams, corbels, columns, and slabs. The contractor will rout and seal concrete slab cracks, install epoxy injections in precast beams, corbels, and columns, and replace spalling concrete by forming and pouring with an approved repair material. Damaged doors and gates will be repaired or replaced depending on their condition. A new state of the art sound system will replace the existing system thereby correcting dead spots in the stadium and provide for overall quality improvements for fan experience. The proposed new system will not interfere with any future renovations or additions to the ballpark and are needed regardless of what projects are contemplated for the future. This repair work is estimated to take 90 consecutive calendar days, to be completed prior to the Phillies 2024 Spring Season. APPROPRIATION CODE AND AMOUNT: Transfer $600,000 at first quarter from C2001 “Athletic Fields & Facility Renovations” to M2204 “Carpenter & Baycare Repair and Replacement. Remainder of funds are available in CIP M2204 “Carpenter and Baycare R & R” to fund this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/31/2023 File Number: ID#23-1313 STRATEGIC PRIORITY: In funding the repairs of BayCare Ballpark, we are accomplishing Objective 1.2, maintaining public infrastructure; and 2.3, promoting Clearwater as a premier destination for sporting events. BayCare Ballpark will continue to be a premiere Clearwater facility that allows for baseball games as well as multipurpose community events. Page 2 City of Clearwater Printed on 10/31/2023 BayCare Ball Park 2023 Structural Improvement and Acoustical System October 6, 2023 TO: Mathew Anderson, Assistant Director City of Clearwater – Parks & Recreation 100 South Myrtle Ave, Suite 120 Clearwater, FL 33756 RE: CM Proposal BayCare Ball Park 2023 Repairs and Acoustical System 601 Old Coachman Road, Clearwater, FL Dear Mr. Anderson, I am pleased to submit the following Construction Management Proposal in accordance with plans and specifications issued by Pennoni, titled Bay Care Ball Park Structural Repairs 2023 dated 7-31-23 (pages 1-85), Addendum #1, Addendum #2 and #3. Construction Management for design build services as outlined in BCI Integrated Solutions’ Proposal Titled PA System Replacement for BayCare Ball Park (pages 1-19) dated October 5, 2023 and as specifically outlined below for a Guaranteed Maximum Price ($1,344,526.45) one million, three hundred, forty-four thousand, five hundred, twenty-six and 45/100 dollars. Cost Detail: Item# / Description Est Quantity Unit Unit Cost Total Cost 1 General Conditions a. VOID b. Supervision 1 LS $ 30,322.32 $ 30,322.32 c. Tools, Equip, etc. 1 LS $ 18,330.00 $ 18,330.00 d. Survey Quantities 1 LS $ 4,200.00 $ 4,200.00 e. Roll Offs and Trash Removal 1 LS $ 3,450.00 $ 3,450.00 2 Demolition a. Dispose of Materials 1 LS $ 3,240.00 $ 3,240.00 b. Dust Control 1 LS $ 4,638.00 $ 4,638.00 BayCare Ball Park 2023 Structural Improvement and Acoustical System c. Water Tests at 15 Leaks (P11, P29, P30, P37, P52) (PX1 thru PX10) 9 EA $ 280.00 $ 2,520.00 d Water Test at Ticket Office/Store 1 EA $ 2,280.00 $ 2,280.00 e Water Tests at Dugout/1StoreRoom 1 EA $ 2,280.00 $ 2,280.00 3 Concrete Repairs a. Deck Spalls 20 CF $ 480.00 $ 9,600.00 b. Column Spalls 20 CF $ 561.00 $ 11,220.00 c. Wall Spalls 20 CF $ 561.00 $ 11,220.00 d. Crack Repair Epoxy Injection 50 LF $ 40.80 $ 2,040.00 e. Crack Repair Epoxy Gravity Feed 100 LF $ 22.80 $ 2,280.00 f. Surface Spalls (P2, P3, P24, P25, P26) 100 EA $ 83.10 $ 8,310.00 g. Fill Concrete Holes (P53, P63) 1 LS $ 720.00 $ 720.00 4 Repairs to Finish Surfaces a. Repair Deck Sealant Joints (Spec. IIID) 200 LF $ 10.11 $ 2,022.00 b. Repair to 6 Leaks (PX, P88, P98, P99, P120, P122) 6 EA $ 3,000.00 $ 18,000.00 c. Replace/Repair EJ (DOW123) (P63) 3 EA $ 1,720.00 $ 5,160.00 d. Repair Wall Sealant Joints (Spec IIID P70, P71, P72) 30 LF $ 12.40 $ 372.00 e. Repair EFIS/Install SS Edge L (P3) 1 LS $ 540.00 $ 540.00 f. Membrane: Recoat QTY 6 Door Stoops at (P21, P22, P33, P34, P39, P40) 1 LS $ 2,880.00 $ 2,880.00 g. Membrane: Recoat 3rd Level Bridge (P1) 1 LS $ 10,620.00 $ 10,620.00 h. Stucco Repairs (P73, P87) 50 SF $ 36.00 $ 1,800.00 5 Misc. Repairs a. Repair HR Post Pockets Detail 1 (P8, P37…) 50 EA $ 78.00 $ 3,900.00 d. Wire Wheel/Cold Galv./2 coats 1 (P7,P9, P10, P11, P14, P16, P17, P101….) 1 LS $ 2,022.00 $ 2,022.00 c. Tuck Point Masonry Wall Per BIA #7F (P45) 50 LF $ 57.60 $ 2,880.00 d. Cap Sprinkler By City 0 LS $ - $ - e. Fill Void w/57 stone/shell (P45) 3 CY $ 660.00 $ 1,980.00 f. EJ Replacement at 108 1 LS $ 5,640.00 $ 5,640.00 g. EJ Cover @ 108 1 LS $ 1,200.00 $ 1,200.00 6 WP Repairs@ Ticket Office/Diamond Outfitters (P65, P69, P70, P71, P72) a. WR-1 (Note #1) 500 SF $ 10.32 $ 5,160.00 b WR-1 (Note #2) 50 LF $ 10.20 $ 510.00 c. WR-1 (Note #3) 300 LF $ 10.20 $ 3,060.00 d. WR-1 (Note #4) 300 LF $ 11.00 $ 3,301.20 e. WR-1 (Note #5) 400 LF $ 6.35 $ 2,539.20 f. WR-1 (Note #6) 25 SF $ 131.28 $ 3,282.00 g. WR-1 (Note #7) 1 LS $ 3,000.00 $ 3,000.00 BayCare Ball Park 2023 Structural Improvement and Acoustical System 7 Painting (Sherwin Williams Specifications) a. Paint Railings at President Balcony 1 LS $ 4,554.00 $ 4,554.00 d. Paint Touchup (P7, P9, P10, P11, P14, P16, P17, P101, etc.) 1 LS $ 3,780.00 $ 3,780.00 c. Paint Misc., Stucco/ Other Repairs (P73, P87) 1 LS $ 1,860.00 $ 1,860.00 8 Cleanup and Demob. 1 LS $ 3,840.00 $ 3,840.00 9 Acoustical Sound System Scope of Work (BCI Integrated) 1 LS $ 790,450.80 $ 790,450.80 Alternates 1 Drain revision at SW Corner of Stadium 1 LS $ 15,845.40 $ 15,845.40 2 Replace diamond plate and steel boxes at South Side of Stadium East of roll gate ramp 1 LS $ 10,564.20 $ 10,564.20 3 Drain extension at South Side of Stadium 1 LS $ 14,182.40 $ 14,182.40 4 Revision to Roll gate ramp at South side of Stadium 1 LS $ 15,076.80 $ 15,076.80 5 HM Doors/Frames/Repair Repaint per HM Door Frame Survey a. Replace 3 HM Doors 3 EA $ 4,207.71 $ 12,623.13 b Repair 19HM frames per Detail 10A 1 LS $ 38,439.00 $ 38,439.00 c. Painting Per the HM Door frame schedule (Sherwin Williams Spec) 1 LS $ 29,952.00 $ 29,952.00 6 Anti-Slip Stair Tread (at All stadium bowl steps b. Gemstone Coating Applications 1 LS $ 64,680.00 $ 64,680.00 9 Subtotal $ 1,202,366.44 10 Owner Contingency 10% $ 120,236.64 11 Bond $ 21,923.36 12 TOTAL GMP $ 1,344,526.45 General Qualifications and Exclusions: 1. Design Engineering or Architectural Work associated with Pennoni Structural/Waterproofing Scope. 2. Warranty of any materials or equipment furnished by owners. 3. Builder’s Risk Insurance. 4. Cost paid to governmental agencies. 5. Temporary Utilities and Restrooms (we will utilize what is onsite). BayCare Ball Park 2023 Structural Improvement and Acoustical System 6. We will not be responsible for warning track repairs. Project Duration shall be 90 calendar days from the mutually agreed upon date of Notice to Proceed. Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on 08/24/2020 based on RFQ #40-20. If GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the contractor shall provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the Power of Attorney. (If GMP is less than $150,000 a bond is not required.) For work performed, invoices shall be submitted to Mathew Anderson, City of Clearwater- -Parks and Recreation Department 100 S. Myrtle Ave., Suite 120 Clearwater, FL 33756. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. KHORS CONSTRUCTION, INC. By: _____________________________ Kori Khorsandian, President Date:______________________ BayCare Ball Park 2023 Structural Improvement and Acoustical System CITY OF CLEARWATER, FLORIDA Countersigned: ____________________________ ______________________________ Brian J. Aungst Sr. Jennifer Poirrier Mayor City Manager Approved as to form: Attest: ____________________________ _______________________________ Melissa Isabel Rosemarie Call City Attorney City Clerk BayCare Ball Park 2023 Structural Improvement and Acoustical System Bond No.:________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER Khors Construction, Inc. 6251 44th St N. Ste 1909 Pinellas Park, FL 33781 813-728-3689 FCCI Insurance Group
 Surety
 6300 University Parkway
 Sarasota, FL 34240 City of Clearwater Parks & Recreation Dept. 100 S. Myrtle Ave. Suite 120 Clearwater, FL 33756- 5520 RE: BayCare Ball Park 2023 Repairs and Acoustical System PROJECT DESCRIPTION: Structural and Drainage Repairs and Acoustical System Replacement at BayCare Ball Park BY THIS BOND, We Khors Construction, Inc., as Contractor, and FCCI Insurance Group Surety, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of ($1,344,526.45) One million, three hundred, forty-four thousand, five hundred, twenty-six and 45/100 dollars for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the proposal dated October 6, 2023, between Contractor and Owner for construction of the, BayCare Ball Park 2023 Repairs and Acoustical System the contract documents, being made a part of this bond by reference (which include the Contract, Surety Bond, Plans and Technical Specifications, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and Bond No.:________________ BayCare Ball Park 2023 Structural Improvement and Acoustical System PUBLIC CONSTRUCTION BOND (2) 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). Khors Construction, Inc. By: _____________________________ Title: ____________________________ Print Name: _______________________ WITNESS: WITNESS: _________________________________ _________________________________ Corporate Secretary or Witness Print Name: _______________________ Print Name: _______________________ (affix corporate seal) FCCI Insurance Company By: ____________________________ _ ATTORNEY-IN-FACT Print Name: _______________________ (affix corporate seal) (Power of Attorney must be attached) 5755 Rio Vista Drive Clearwater, FL 33760 T: 727-536-8772 F: 727-538-9125 www.pennoni.com May 4, 2023 PROJECT NO. CLWRC23001 Mr. Art Kader, Asst. Director City of Clearwater Parks and Recreation Department 100 S. Myrtle Avenue Suite 120 Clearwater, FL 33756 RE: 2023 ANNUAL STRUCTURAL ASSESSMENT BAYCARE BALL PARK 601 N. OLD COACHMAN ROAD CLEARWATER, FL Dear Mr. Kader: Per your authorization, a site visit was conducted on April 25, 2023 to identify areas of concrete and steel deterioration at all three (3) levels of the stadium. In attendance: Sean McCarthy (Phillies), Matt Anderson (City of Clearwater), Vince Barnes, PE (Pennoni), Lianet Fonseca-Peraza (Pennoni) and Brian Keane (Pennoni). The attached is a summary of our observations and recommendations. Sincerely, PENNONI James Vincent Barnes, III, PE #77754 Forensic Division Manager/ Project Manager Cc: Matt Anderson, City of Clearwater, matthew.anderson@myclearwater.com Enclosures: Exhibit A – Report Exhibit B – Drawings This item has been electronically signed and sealed by Justin Duncan PE using a Digital Signature and date. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. James V Barnes PE City of Clearwater CLWRC23001 2023 Annual Structural Assessment Clearwater, FL May, 2023 PENNONI Consulting Engineers 2 BayCare Ball Park TABLE OF CONTENTS Exhibit Description A 2023 Annual Assessment Report B Drawings Indicating Relative Locations of Damages/Issues City of Clearwater CLWRC23001 2023 Annual Structural Assessment Clearwater, FL May, 2023 PENNONI Consulting Engineers 3 EXHIBIT A 2023 Annual Structural Assessment Report City of Clearwater CLWRC23001 2023 Annual Structural Assessment Clearwater, FL May, 2023 PENNONI Consulting Engineers 4 BayCare Ball Park 2023 Annual Structural Assessment I. Description: 1. The stadium is a three (3) level (lower, main concourse and suite) reinforced concrete structure. 2. The seating area of the subject complex is supported by precast concrete beams, precast joists, and cast-in-place concrete columns. 3. The concrete deck system includes a structural deck with a waterproofing system under a topping slab at the north end of the concourse. 4. There is an earthen berm at the perimeter of the outfield. 5. The structure was previously experiencing various areas of concrete deterioration, in particular at the precast concrete beams, and cast-in-place columns that support the seating area. As noted below, most of these items were recently addressed as follows: a. Bright House Field concrete repairs per design by Ewing-Cole, completed in July, 2013 by SPS. b. Bright House Field Phase I waterproofing renovations, per design by CMC, completed in January, 2014 by CPS. c. Bright House Field concrete repairs per design by Ewing-Cole completed in April, 2014 by SPS and Hunt. d. Bright House Field Phase II waterproofing, per design by CMC, completed in February 2015 by CPS. e. Bright House Field new scoreboard per design by TS Sports completed in February 2015. f. Spectrum Field concrete repairs and painting of exposed structural steel completed in the first quarter of 2018. g. 2019 Spectrum Field Annual Structural Assessment dated July 11, 2019, however, there were no repairs conducted last year. City of Clearwater CLWRC23001 2023 Annual Structural Assessment Clearwater, FL May, 2023 PENNONI Consulting Engineers 5 h. Spectrum Field Structural Repairs dated 08/03/20. i. Spectrum Field Retaining Wall Preliminary Design dated 02/10/21. j. BayCare Ballpark Structural Repairs dated 06/30/21. k. BayCare Ballpark Structural Repairs 2022 dated 9/8/2022. 6. This report is presented as a means to evaluate the current extent of the concrete deterioration and offer a course of action to address the necessary repairs. II. Previous Limited Condition Surveys: Limited condition surveys were previously conducted by our office in 2016, 2017, 2018, 2019, 2020, 2021, and 2022 to identify the approximate location and types of concrete or structural related deterioration that is in need of repair at the referenced complex. 1. Limitations: Much of the structural system is hidden behind walls, ceilings, or buried underground (foundations) and not accessible without exploratory demolition which is beyond the scope of this assessment. 2. During future repair projects, the engineer, building official or contractor may find additional areas of concern that will need to be addressed. III. Material Testing: 1. There was no material testing included in this phase of the project. 2. Should testing be determined to be necessary, the owner will be notified of the scope of work and estimated cost prior to proceeding. 3. Note: Pinellas County Environmental Department may require the owner to conduct a level one asbestos test, with report, as part of their requirements. City of Clearwater CLWRC23001 2023 Annual Structural Assessment Clearwater, FL May, 2023 PENNONI Consulting Engineers 6 IV. Field Observations: 1. Front Entrance: a. There are a number of rusting railing post pockets that need to be addressed. b. There is one ramp light fixture that needs the concrete repaired at the ramp. c. Sean McCarthy (Phillies) advised that there is a wall leak at the ticket office. Interior damage was noted, though not reported as being wet. ( See recommendations below.) 2. Main Concourse: a. A number of rusted railing post pockets were noted. b. Sealant joints need to be replaced at several locations. c. Sean McCarthy (Phillies) advised that there is a wall leak at the ticket office. (See recommendation below.) This area also needs to repair the masonry mortar joints by tuck pointing. d. Numerous concrete spalls/cracks/ pitted deck areas were noted. e. Also noted several additional leaks (see drawings for locations). f. Several stoops need the non-slip coating replaced at men’s/women’s restrooms/office doors. g. Sean McCarthy requested investigating expansion joints at seat sections 108, 114, and 118. h. Caulking at first row of seating needs to be addressed. i. Sean McCarthy requested a permanent fix at the expansion joint outside the Diamond Outfitters store. Note: repairs have been made at this location several times over recent years. j. Wall cracks noted at west elevation between column lines 16 thru 19. k. Sean McCarthy requested that all steps in the stadium bowl be redone with new black stripes. City of Clearwater CLWRC23001 2023 Annual Structural Assessment Clearwater, FL May, 2023 PENNONI Consulting Engineers 7 3. Outfield Walls and Walkway: a. Concrete repairs needed at several locations. Note: several locations are noted at sidewalk cracks (on-grade) which are not severe, and not recommended to be repaired. b. Undermining was found to the south section of the concrete sidewalk connecting to the steel pedestrian bridge behind the batters eye. Probing indicates a void has begin to form below this slab. Sprinkler located adjacent to this slab are suspected to have contributed to the undermining. The concrete slab cracking is likely related to the formation of the void. Additional review of the condition is recommended to identify the extend of void and develop repair recommendations. c. The earthen berm retaining wall is still in need of replacement. (See item IV.8 below) d. Isolated steel corrosion noted at Center Outfield Sign columns and lower beams. 4. Maintenance Ramp: a. Several cracks were observed in the concrete ramp on grade (cosmetic). b. Several wall cracks were also noted. 5. Third Level - Upper Deck/Suites: a. Concrete spalls and cracks were noted and are in need of repair. b. The bridge needs the walkway surface re-coated with a no-slip finish. c. Railing posts are rusting at sections 201 ad 208. d. Garage door frame is rusting at Big Shark Café. e. Caulking at railing needs to be addressed at sections 201 and 208. 6. Outside Concrete Stairs at the Right Side of the Stadium: a. Rusted railing post pockets were noted. b. One of the drain covers is posing a trip hazard and should be replaced. City of Clearwater CLWRC23001 2023 Annual Structural Assessment Clearwater, FL May, 2023 PENNONI Consulting Engineers 8 c. There are six (6) locations where the stadium drains are causing washouts at the lawn areas. Matt Anderson (City) requested these items be included in the 2023 repairs. Note: there are large trees in the path of several of the outbound drainage courses. This will require conducting a feasibility study before designing these six (6) drain extensions. d. At the roll gate (south side), Sean McCarthy (Phillies) requested a revision to the ramp to be able to bring forklifts to the lower level. He states that they are unable to currently do this with the storm drains at the sidewalk. This will need to be evaluated regarding its feasibility before including in the design phase of the project. e. The sidewalk (on-grade) has several cracks, but do not pose a tripping hazard. See note above. The sidewalk is not recommended for repair, except for the drain cover noted above. If the city wants to replace sections of sidewalk, then recommend they have their sidewalk contractor conduct these repairs at much less cost that by a concrete repair contractor. 7. Lower Service Level: a. Leaks were reported by Sean McCarthy (Phillies) at several locations as noted on the drawings. b. Minor concrete spalls, concrete cracks are noted on the drawings at specific column locations (C23, C24, C31, C33). Many of these areas appear to be at locations of previous repair and corresponded to water instruction through overhead expansion joints. The full extent of damage could not be determined at the time of our limited visual inspection. We recommend that additional investigation be made of each area including sounding and probing to develop repair recommendations. c. The home dugout (lower storeroom walls) are suspected of being subject to leaking. Matt Anderson (City) asked that this task be included as an alternate, so that the wet season will indicate if we still have a leak. 8. Perimeter Earth Retaining Wall (Forms the Outer Barrier): a. This is an earthen structure, with steel and vinyl mesh reinforcement. b. The steel mesh is severely corroded. In some locations approximate ½ of the cos section of the steel mesh has been lost. The capacity of the vinyl mesh is unknown. c. Additional soil loss / lateral migration of the appears to be occurring. d. The structure was evaluated by Pennoni in 2021 and was recommended to be replaced by a concrete retaining wall. City of Clearwater CLWRC23001 2023 Annual Structural Assessment Clearwater, FL May, 2023 PENNONI Consulting Engineers 9 V. Summary: 1. Most items are minor nature, except for items V.2 through V.10 below. 2. The various leaks reported by Sean McCarthy where the exact locations need to be verified and subsequently repaired. 3. The expansion joint at the Diamond Outfitters is apparently still leaking. The cover plate will need to be removed (again) and the joint repaired. 4. The stadium drain washout repairs will require a design to address this condition before including in the 2023 repair documents. Recommend this item be included in the design documents as an " Alternate". 5. There are a number of rusted railing post pockets that need repair. 6. The revisions to the ramp (roll gate / south side) will need to be evaluated as to its feasibility. Recommend this item be included in the design documents as an "Alternate". 7. The wall leaks at the ticket office also need to be addressed, except an architect will be required and is recommended to be done as a separate project, as previously recommended. 8. Undermining was found to the south section of the concrete sidewalk connecting to the steel pedestrian bridge behind the batters eye. Probing indicates a void has begin to form below this slab. The slab cracking in this area is likely related to differential settlement related to minor soil loss. We recommend that CPT hand probes be completed in the soil near the end of this slab to review soil densities. The results of this will be used to determine what repairs will be needed including if additional structural soil retainage is required. 9. As previously stated, the restriping of the bowl steps is subject to the City's budget for this year's repairs. Matt Anderson recommended this item be included in the design documents as an "Alternate", so that a decision can be made upon receipt of pricing. 10. To determine the full extent of concrete spalling and damage to the lower service level column to beam connections, we recommend that additional investigation be conducted including sounding and probing of spalled concrete. City of Clearwater CLWRC23001 2023 Annual Structural Assessment Clearwater, FL May, 2023 PENNONI Consulting Engineers 10 VI. Recommendations: 1. Please advise your thoughts regarding the scope of work recommended above. 2. The above items should be addressed with the next repair project. 3. Recommend this project be conducted in the fourth quarter 2023. 4. The Earthen retaining wall was identified to have continued decay. Until the wall is replaced, we recommend additional periodic monitoring be conducted on a bi-annual. This monitoring program should include tracking relative locations of soil loss, differential movement and changes in the walls profile. If requested, Pennoni is available to assist in the development of specifications for the monitoring program. VII. Limitations: Information for our investigation and assessment was obtained solely from visual observation made at specific areas of the building where concerns were reported, and a review of the building plans provided to us. There was limited visual access to structural building components, and we did not conduct a comprehensive inspection of the building. The sign and seal on this project indicates professional engineering responsibility for the structural portion only. General architecture, life safety, accessibility, electrical, mechanical, etc. are the responsibility of others. City of Clearwater CLWRC23001 2023 Annual Structural Assessment Clearwater, FL May, 2023 PENNONI Consulting Engineers 11 EXHIBIT B 2023 Survey Drawings STRUCTURAL DRAWING INDEX A B C D D E 4140393837363534333231302928 27 S7 26 S6S5S4S3S2S1 2524 23 D' E 22 21 20 19 18 17 16 15 14 13 41 40 39 38 37 36 35 D C B A 10 9 8 7 6 12 11 9 8 N1 N1 N2 7 6 5 4 3 A B 4 2 1 N4 N5N3 N6 N7 N8 N9C 10 é é A B C D D E 4140393837363534333231302928 27 S7 26 S6S5S4S3S2S1 2524 23 D' E 22 21 20 19 18 17 16 15 14 13 41 40 39 38 37 36 35 D C B A 10 9 8 7 6 12 11 9 8 N1 N1 N2 7 6 5 4 3 A B 4 2 1 N4 N5N3 N6 N7 N8 N9C 10 A B C D D E 4140393837363534333231302928 27 S7 26 S6S5S4S3S2S1 2524 23 D' E 22 21 20 19 18 17 16 15 14 13 41 40 39 38 37 36 35 D C B A 10 9 8 7 6 12 11 9 8 N1 N1 N2 7 6 5 4 3 A B 4 2 1 N4 N5N3 N6 N7 N8 N9C 10 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0846 Agenda Date: 11/2/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Library Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approve purchase orders to multiple vendors for the acquisition of library books and materials in the cumulative not-to-exceed amount of $490,000.00, for the term October 1, 2023 through September 30, 2024, pursuant to Clearwater Code of Ordinance Section 2.563(1)(c), Piggyback and cooperative purchases, and authorize the appropriate officials to execute same (consent). SUMMARY: Clearwater Public Library System is requesting authorization to purchase library books and materials utilizing competitive awarded piggyback and cooperative contracts. Piggyback Contracts #LVA-MAT-22-07: Commonwealth of Virginia through the Library of Virginia on behalf of Mid-Atlantic Alliance (MALiA) valid July 1, 2022, through June 30, 2025. ·Baker and Taylor, LLC: $165,000.00 ·Ingram Library Services, LLC: $155,000.00 The Clearwater Public Library System is part of the Pinellas Public Library Cooperative (term: 10/01/2023 - 09/30/2028). Pursuant to that Library Interlocal Agreement, the Clearwater Public Library System provides funding to the Pinellas Public Library Cooperative in order for the Cooperative to purchase materials and services. ·Pinellas Public Library Cooperative: $170,000.00 APPROPRIATION CODE AND AMOUNT: Appropriation Code: 0101731-564400, Books & Publications Amount: $490,000.00 Page 1 City of Clearwater Printed on 10/31/2023 Glossary of Terms Offeror: A person who makes an offer in response to a Request for Proposals. Contractor: An individual or firm that has entered into an agreement to provide goods or services to the Commonwealth. Bidder: One who submits a competitively priced offer in response to an Invitation for Bids (IFB). Vendor - One who sells goods or services. 1 Library lnterlocal Agreement THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into by and between the undersigned Governmental Units as set forth on the signature pages attached hereto ("Parties"), for the participation in a cooperative library service for Pinellas County (the "Cooperative"). RECITALS: WHEREAS, Pinellas County and various municipalities entered into an Interlocal Agreement providing for the establishment of the Cooperative dated the 10th day of January 1989, which was subsequently amended and extended, and which was superseded by an Interlocal Agreement entered into on the 10th day of September 2001, which expired on September 30, 2013; and which was superseded by an Interlocal Agreement entered into on the 1st day of October, 2013, which expired on September 30, 2018; and which was superseded by an Interlocal Agreement entered into on the 1st day of October 2018, which expires on September 30, 2023; and WHEREAS, it is in the public interest to provide a free public library service for the use of the permanent residents of Pinellas County ("County"); and WHEREAS, this Agreement is authorized by Section 163.01 of the Florida Interlocal Cooperation Act of 1969, which was promulgated to permit local governmental units to make the most effective use of their powers by enabling them to cooperate with other governmental units thereby providing services and facilities in a manner and pursuant to forms of governmental organization that will include geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, any public agency of this state may exercise jointly with any other public agency of this state any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the Parties to this Agreement have determined that in order to most effectively utilize their separate powers, a cooperative effort in the form of an Interlocal Agreement is needed; and WHEREAS, Sections 257.12 through 257.25, Florida Statutes (“Free Library Service” verified 2017), provide state funds to assist in the furnishing of library services. NOW THEREFORE, in consideration of the mutual benefits and in consideration of the covenants and agreements set forth herein, the Parties hereto agree as follows: 2 I.PURPOSE; EXECUTION; EFFECTIVE DATE; TERM OF AGREEMENT A.Purpose: The purpose and intent of this Agreement is to continue to operate the Cooperative to extend library services to the unincorporated areas of the County and to municipalities that do not have such services as of the effective date of this Agreement, and to improve library services to residents of municipalities and Municipal Services Taxing Units with Libraries as of the date of this Agreement. The primary functions of the Cooperative are as follows: 1.To receive and disburse funds from federal, state, and local sources. 2.To maintain a shared library automation system serving Member Libraries. 3.To maintain a shared materials delivery system serving Member Libraries. 4.Where agreed by individual Member Libraries for the most efficient use of fiscal resources, to assist Member Libraries in the collective purchase of library resources and services. B.Execution; Effective Date This Interlocal Agreement may be signed in counterparts by the Parties hereto. This Agreement shall become effective on October 1, 2018. C.Term of Agreement: This Agreement will be in force for a period of five (5) years, ending September 30, 2023. The Agreement may be renewed for an additional period of five (5) years to September 30, 2028 with the mutual consent of the Parties. II.DEFINITIONS: A.Articles of Incorporation: "Articles of Incorporation” as used in this Agreement refer to the Articles of Incorporation of the Pinellas Public Library Cooperative, Inc., (PPLC) approved by the signatories to the 1989 Interlocal Agreement establishing the Cooperative and executed and filed with the Secretary of State pursuant to Chapter 617, Florida Statutes (1987), as may be amended. B.Board: "Board" as used in this Agreement refers to the Board of Directors of the Pinellas Public Library Cooperative, Inc. C.Board of County Commissioners: "Board of County Commissioners" as used in this Agreement refers to the Pinellas County Board of County Commissioners and may be delineated as "BCC”. 3 D.By-Laws: “By-Laws” as used in this Agreement refer to the By-Laws of the Pinellas Public Library Cooperative, Inc., approved by the signatories to the 1989 Interlocal Agreement establishing the Cooperative, as may be amended by the Board as needed. E.Cooperative: "Cooperative" as used in this Agreement refers to the Pinellas Public Library Cooperative, Inc. and may be delineated as "PPLC”. F.County: “County” as used in this Agreement refers to Pinellas County, a political subdivision of the State of Florida. The County as used in this Agreement is a Party to this Agreement but is not a Member of the Cooperative. G.Disbursement Formula: “Disbursement Formula” as used in this Agreement refers to the formula according to which disbursements to Members with Libraries shall be made pursuant to this Agreement. The Disbursement Formula is attached hereto and incorporated herein as Exhibit “B”. H.Governmental Unit: "Governmental Unit" as used in this Agreement refers to municipalities; Municipal Services Taxing Units (MSTU) with Libraries; a municipal consortium offering library services; and the County. Governmental Units which are parties to this Agreement are included within the definition of Governmental Unit and may also be delineated as "Members" of the Cooperative. I.Library: "Library" as used in this Agreement refers to the public Libraries and Library systems operated by Members. To qualify as a " Library" for purposes of this Agreement, the Library must be approved by the Board, which shall determine if the Library meets the basic standards set forth in the Policy on Admission, a copy of which is attached hereto and incorporated herein as Exhibit “A.” J.Library MSTU "Library MSTU” shall mean the Pinellas County Library Services District municipal services taxing unit as established by Ordinance 1989-5, and codified at Pinellas County Code Section 78-2; and excludes any individual MSTU for library services subsequently established. K.Local Support: "Local Support" as used in this Agreement refers to the dollar amount of funds expended for allowable costs by each Member with a Library during the fiscal year for library operations. Funds received from the County for the support of a Library that exists wholly in the unincorporated area of Pinellas County (Library MSTU), excluding all monies received by such 4 Libraries from the Cooperative, shall be considered as additional local support for the Member Library for purposes of the application of the disbursement formula. Local Support shall be determined by adding the expenditures for Personnel Services (State of Florida Uniform Accounting System Manual for Florida Local Governments, Object Code 10), Operating Expenditures/Expenses (Object Code 30), and “Books, Publications, Subscriptions, and Memberships” (State of Florida Uniform Chart of Accounts Object Code 60, Sub-Object Code 66). All other expenditures not specifically listed above shall not be tabulated when determining the Local Support. L.Member: "Member" as used in this Agreement refers to a Governmental Unit which is a Party to this Agreement and which forms part of the Cooperative either as a Member with a Library or as a Member without a Library. M.MSTU: “Municipal Services Taxing Unit” as used in this agreement refers to unincorporated Pinellas County. The Pinellas County Board of County Commissioners serves as the local government for the MSTU. A portion of the County budget (MSTU) is paid by residents of the unincorporated area and is devoted to providing municipal services, such as public library services. N.Reciprocal Borrower: “Reciprocal Borrower” is a cardholder from cooperating Libraries which have reciprocal borrowing agreements with PPLC. O.Year: "Year" as used in this Agreement, unless otherwise indicated, means the fiscal year from October 1 to September 30. The fiscal year of the Cooperative shall run from October 1 to September 30. III.GOVERNING STRUCTURE OF THE COOPERATIVE: A.Corporate Structure: The Cooperative is a private non-profit organization incorporated under the Florida Not- For-Profit Corporation Act, Chapter 617, Florida Statutes (2000). Additional Members may be admitted in the manner specified in the Articles of Incorporation or the By-laws. B.Board of Directors: 1.Membership. Each Board member represents the interests of all Parties, including the County, the Cooperative, Members with and without Libraries, and patrons. Each Board member can envision the future of countywide library services. The Board of Directors shall consist of nine (9) voting members who shall be selected and appointed in 5 accordance with the provisions of the Articles of Incorporation and the By-laws, as amended, as follows: a.Four members of the Board of Directors shall be the City Administrator of the City of St. Petersburg and the City Managers of Clearwater, Largo and Pinellas Park, or their senior management designees. b.Three members of the Board of Directors shall be county senior management employees, representing Pinellas County, who shall be appointed by the BCC upon the recommendation of the Pinellas County Administrator. c.Two members of the Board of Directors shall be appointed by the Board of County Commissioners and shall serve a term of three (3) years. Criteria for such appointment shall be as follows: 1)The candidate has previous experience serving on a board or similar body and the capacity to evaluate a full range of perspectives, from library service providers to library users. 2)The candidate represents the interests of all Parties, including the County, the Cooperative, Members with and without Libraries, and patrons. 3)The candidate can envision the future of countywide library services. 4)The candidate may not be an employee or member of the governing body of a PPLC Member Library. 2.Terms. The Articles of Incorporation shall specify the term of office for Directors in conformance with Section III.B.1 above. 3.Officers. The Officers of the Cooperative shall be: Chair of the Board of Directors, Vice-Chair of the Board of Directors, and Secretary/Treasurer. The terms of office, election and duties of Officers shall be as specified in the By-- laws. 4.Compensation. Directors and Officers shall not be paid a salary or wages but may be reimbursed for travel and per diem expenses on behalf of the Cooperative as approved by the Board, based on the PPLC Policies and Procedures Manual and in accordance with Section 112.061, Florida Statutes (“Per diem and travel expenses” verified 2017). 6 5.Meetings. The Board of Directors shall meet at least six (6) times each year. Meetings shall be conducted pursuant to the Sunshine Law, Chapter 286, Florida Statutes. The Chairperson or a simple majority of the Board may call emergency meetings. Such meetings shall require at least 24 hours' notice. 6.Duties. The duties of the Board of Directors shall include, but not be limited to: a.Managing the affairs of the Cooperative; b.Amending the Articles of Incorporation and the By-laws; c.Establishing administrative policy for the operation of the Cooperative; d.Receiving and disbursing funds from local, state and federal sources and entering into arrangements as appropriate in connection therewith, and receiving and disbursing funds from Members without Libraries participating in the Cooperative; e.Investing the Cooperative funds; f.Employing and directing an Executive Director; g.Conducting open and public meetings, the time and place to be decided by the Board of Directors; h.Establishing the operating budget for the Cooperative, which is subject to the review upon request of the BCC, and overseeing its execution, including approving expenditures for administration; i.Advising the Parties and Members with respect to the budget, disbursements, extension and expansion of library services and other affairs of the Cooperative; j.Submission of funding requirements in accordance with the provisions of Section V.C. k.Developing, in collaboration with the Executive Director and Library directors of Members, the Long-Range Plan for the Cooperative to improve library services to residents of municipalities, library taxing districts, and unincorporated areas. l.Review and approve the Annual Plan of Service. C.Executive Director: 1.Duties. The duties of the Executive Director shall include, but not be limited to: 7 a.Facilitating joint planning for coordination of library services among Members with Libraries and other Libraries within the County that participate in reciprocal borrowing and joint planning as recipients of State Aid to Libraries. b.Maintaining information for and submitting applications on behalf of the Cooperative for available local, State, and Federal library funds with Board approval, and filing reports with the Division of Library and Information Services pursuant to Section 257.16, Florida Statutes (2000), as may be amended; c.Preparing, in coordination with the library directors of Members, the annual operating and capital budgets of the Cooperative, and presenting the annual operating budget of the Cooperative to the Board and Members. d.Developing, in collaboration with the library directors of Members, the Annual Plan of Service that shall include goals, objectives and activities, and the budget that will support library services for the year. This plan must clearly demonstrate that resources will be allocated in a way that serves the goal of access to library services throughout the area. 2.Qualifications. The Executive Director must have an American Library Association accredited Master’s degree in Library Science (MLS), and a minimum of five (5) years library administration experience, with experience in library cooperative administration preferred. D.Advisory Council: A Library Directors Advisory Council (LDAC) made up of all library directors of Members, or their designees, will collaborate with the Executive Director in coordination, planning and other matters as appropriate. The Officers of the LDAC shall be: Chair, Vice- Chair, and Secretary. The terms of office, election, and duties of Officers shall be as specified in the LDAC By-laws. The By-laws of the LDAC shall provide that the office of Chair will be rotated yearly among the members of the Advisory Council and that the Chair will participate in the meetings of the Cooperative Board of Directors and represent the LDAC. The duties of the LDAC shall be as follows: 1.Conduct open and public meetings, the time and place to be decided by LDAC. 2.Collaborate with the Executive Director on the establishment and revision of the PPLC Public Service Policies for Member Libraries. 8 3.Review and provide recommendations in the preparation of the annual budget. 4.Advise the Board on Board meeting agenda items as needed. E.Long-Range and Annual Plans of Service: Each year an Annual Plan of Service and Budget shall be adopted by the Board of Directors. The Long-Range Plan must be updated every five years. The Plans will meet the requirements for participation in the State Aid to Libraries Program. The Executive Director will disseminate the Plans. F.Reports: The Executive Director will provide annual reports on the progress toward meeting the objectives of the Long-Range Plan and the Annual Plan of service. The reports will include audited statements of operating expenditures, capital expenditures, and reserve accounts. Annual reports will be presented to the Board, the Members, and the Division of Library and Information Services. IV. PARTICIPATION: A.General: Participation will be voluntary and open to any Governmental Unit. People residing in participating areas will be eligible to use the services of Member Libraries of the Cooperative without charge. People residing in Governmental Units or areas not electing to participate will be excluded from the use of the Cooperative's services unless individual people join Member Libraries by paying an annual fee; such fee may be adjusted by a majority of Parties to this Agreement. People who join by paying the annual fee to a Member Library will then be counted as residents of that Member Library's governmental unit. Members may withdraw pursuant to the provisions of Section VI. B.Members With Libraries: 1.Admission. Governmental units applying for the first time for membership in the Pinellas Public Library Cooperative, Inc. must be approved by the Board which shall determine if the Library meets the statutory requirements and operational standards established in Exhibit “A”: Policy on Admission. 2.Membership. Members with Libraries will adhere to the operational standards established in Exhibit “A”: Policy on Admission, and comply with participation requirements as detailed in this section. 3.Noncompliance and Enforcement. Any Member with a Library that fails to 9 maintain the requirements established in the Policy on Admission or the Participation requirements, may be provided a Notice of Deficiency as follows: a.Subject to Board authorization, any Member with a Library that is found to be non-compliant may be issued a Notice of Deficiency effective upon the date of such Notice. A Member with a Library that has received a Notice of Deficiency will be granted a period not to exceed 12 months (as determined by the Board based on the nature of the deficiency) from the date of the Notice to achieve compliance with the requirements of Membership and to provide documentation of such compliance to the Board. Upon determination that the Member successfully demonstrated compliance with the requirements, the Board shall authorize a written Notice of Compliance to be provided to the Member. b.A Member with a Library that has received a Notice of Deficiency and has failed to successfully demonstrate compliance within the prescribed time period will be considered to have withdrawn from the Cooperative. Such Member will comply with the requirements for withdrawal indicated in Section VI. B. of this Agreement. 4.Autonomy. Each Member with a Library shall continue to decide the level of library service for its community and shall prepare its own budget. Each Library shall remain autonomous and retain control of its operations and functions, i.e.: a.Trust funds, individual gifts or donations made to a Library shall remain the property of that Library. b.All Library staff shall remain employees of the various Members with no loss in benefits. c. Each Library shall remain the property of the Member in which it is located, and all maintenance and repairs shall be affected through operating budgets from allocated local appropriations. d.Members with Libraries will continue to fund their local Libraries and are not required to make any payment to the Cooperative for participation in the Cooperative. 5.Audits. Each Member with a Library shall provide to the Cooperative by March 31 of each year an audited statement of its Library operating costs for its last completed fiscal year. The audits are to be reviewed by the Cooperative 10 to determine the dollars expended locally for library operations. Allowable costs for each Library shall consist of all personnel and direct operating costs, and non-fixed capital as provided for in the State of Florida Chart of Accounts. All other costs, including fixed capital items and debt expenses, are not allowable. 6.Materials and Services. a.Members with Libraries agree to allow all circulating materials (non- electronic formats) of existing Libraries to be freely available to cardholding residents of all participants in the Cooperative. b.Members with Libraries agree to allow all circulating materials (electronic formats) to be freely available to all cardholders of that specific Library regardless of cardholder’s address. c.Reciprocal Borrowers may borrow circulating materials in non-electronic formats only. d.Within policies established by the Cooperative all reference and public programming services are equally available to the public. 7.Staff Development. All Members with Libraries will agree to have their Libraries closed on Columbus Day (or alternately designated day) each year, unless otherwise prohibited, for participation in an annual county-wide staff development day. Staff development day planning will be coordinated by PPLC staff in collaboration with Member Library directors and staff. C.Members Without Libraries: 1.Basis for Funding: The County, on behalf of the Library MSTU, and subject to the provisions and limitations in Section V.A. and any other Member without a Library, shall provide annual financial support to the Cooperative which, when calculated on a per capita (of population of such Member) basis for any year, shall be equivalent to the average per capita funding, excluding all monies received from the Cooperative, provided during the most recent preceding year by the Members having Libraries subject to the provision of, and limitations in, Section V.A., the funding shall be calculated as follows: The total expenditures, as adjusted for monies received from the Cooperative, of the Members from the prior year shall be divided by the total population of the Members to obtain the aggregate average per capita cost. For purposes of this subsection C, "funding" means the amount of Library expenditures 11 for any year as described in Section V.A. by a Member having a Library, and "population" means the number of residents residing in the Member governmental unit determined in accordance with Section V.B. Payments shall be made by the County and each Member without a Library of annual financial support due from it in four (4) quarterly payments of twenty-five percent (25%) each. 2. Underfunding: If financial support paid to the Cooperative by a Member without a Library is less than the amount due under Section V, written notice shall be provided by PPLC, to such unit of the deficiency and all funds due under Section V shall be immediately due and payable as specified in Section VI.C. Such unit shall be deemed to have withdrawn from the Cooperative notwithstanding the provisions of Section VI.A or VI.C effective thirty (30) days following the receipt of written notice of deficiency unless payment of such deficiency is made within that thirty (30) day period. V. FUNDING MECHANISM: A. Fiscal Funding: The County will provide an amount of annual financial support equal to the financial support provided by all Members with Libraries, calculated on a per capita basis for the previous year, excluding all monies received from the Cooperative, provided that the amount shall not exceed the ad valorem revenue, excluding statutory payments to the Tax Collector and Property Appraiser, generated by the millage rate levied by the County in support of Cooperative Library services. At no time shall the millage rate levied by the County in support of Cooperative Library services exceed 0.5 mill. The County shall submit the funds to the Cooperative in quarterly payments. The County shall notify the Cooperative of any changes to the population figures subject to the amount of annual per capita financial support for the new fiscal period prior to May 30 of each year. The obligations of the County as to any funding required pursuant to this Agreement are subject to annual approval of the Library MSTU millage by the County. If funds are not appropriated by the County through the Library MSTU for any or all the obligations in this Agreement, the County shall not be obligated to pay for the services provided pursuant to this Agreement beyond the portion for which funds are appropriated. The County agrees to promptly notify the Cooperative in writing of such failure of appropriation, and upon such notice, the provisions of Section IV shall govern. 12 B. Determination and Notification of Per Capita Amounts for Members Without Libraries: The Cooperative shall advise each Member without a Library by June 1 of each year, of such unit's funding requirement for the next fiscal year, together with the calculations by which such funding requirement was determined and the backup information for such calculation, consisting of (i) average per capita locally funded library expenditures of Members with Libraries for the last completed year and (ii) appropriate population statistics. The expenditures shall be based on audited financial statements for such last completed year in accordance with budget line items identified in Section IV.B.5. The population statistics used to calculate such per capita expenditures shall be for such year and shall be from one of the following sources: the Bureau of Economics and Business Research of the University of Florida, the Pinellas County Planning Department, or the U.S. Census Bureau. C. Fiduciary Responsibility for Funds: 1. All funds of the Cooperative shall be maintained in an interest-bearing public depository as set forth in Florida Statutes, Chapter 280 (“Security for Public Deposits,” verified 2017), as may be amended; 2. Complete and accurate records shall be kept of the receipts and disbursement of all funds of the Cooperative, subject to the PPLC adopted Record Retention and Document Destruction Policy, which will comply with Florida Department of State General Schedule for State and Local Government Agencies GS1-SL, Internal Revenue Code 501(c)(3), and all other applicable federal, state, and local law; 3. An annual audit of the Cooperative by an independent certified public accountant, to be paid for from the operating funds of the Cooperative, shall be made and filed annually with the Department of State; 4. The Cooperative shall abide by the terms and provisions of the laws of the State of Florida and the provisions of this Agreement and any other applicable Federal, State, or local laws, rules and regulations including the County's Investment Policy. D. Disbursement: The Board of Directors shall disburse funds received by the Cooperative according to the formula below: 1. The Board of Directors shall annually establish the budgeted administrative costs of the Cooperative, including salary, office supplies, and any rents or other costs related to the administrative operations of the Cooperative. 13 2. The remaining funds shall be distributed to Members with Libraries in accordance with the disbursement formula, which is attached hereto and incorporated herein as Exhibit “B.” This distribution is to be based on submittal of annual library operating costs with descriptive codes in accordance with the State of Florida Uniform Chart of Accounts. All funds collected from sources other than Members shall be allocated as determined by the Board. In no instance shall the total allocation to a Member Library exceed the amount of the Local Support. Funds received by the Cooperative shall be disbursed within a reasonable time after receipt. Payments to Member Libraries shall be made in quarterly disbursements. The Libraries shall use those funds for materials and operations of their Libraries. The disbursement formula may only be amended by the Board, with the approval of a simple majority of the Members with Libraries and the approval of the BCC. 3. State Aid funds and program grants received from the state shall be used in accordance with the provisions of applicable state law, Florida Statutes 257 (“Public Libraries and State Archives” verified 2017) and Florida Administrative Code 1B-2 (“Library Grant Programs” verified 2017). VI. WITHDRAWAL: A. All Participants: 1. Any Member wishing to withdraw shall submit written notice thereof to the Cooperative no later than six (6) months prior to the beginning of any fiscal year of the Cooperative. 2. Withdrawal of Members without Libraries may occur in the manner specified in Section IV.C.2. B. Members with Libraries: A Member with a Library that submits a withdrawal notice to the Cooperative shall: 1. At the request of the Cooperative's Board, promptly furnish usage statistics and an audit of library operating costs for such Library's last fiscal year completed prior to the date the withdrawal is effective to ensure maintenance of proper accounting for the Cooperative; and 2. Return to the Cooperative within sixty (60) days after withdrawal, any special equipment or collections purchased for such Member with funds from the Cooperative capital improvements fund within the previous five years. In lieu of returning the equipment or collection so purchased, the amortized balance 14 thereof based on an amortization period of five years from date of purchase may be repaid to the Cooperative during the year following withdrawal; and 3. Repay to the Cooperative within sixty (60) days after withdrawal any then remaining unexpended and uncommitted funds received from the Cooperative; C. Members Without a Library: A Member without a Library that submits or receives a withdrawal notice shall pay all sums due for library services provided prior to the date of withdrawal pursuant to Sections IV and V prior to withdrawal. VII. TERMINATION OF AGREEMENT: In the event that Members representing more than fifty percent (50 %) of the total population of all Members withdraw under Section VI or are deemed to have withdrawn under Section IV.C.2 of this Agreement, the remaining Members shall consider the continuation or termination of the Agreement and may terminate the Agreement by consent of a simple majority of the Members. IN WITNESS WHEREOF, the Parties hereto have caused this Interlocal Agreement to be executed on the day and year first above written. 15 EXHIBIT "A" Policy on Admission Pinellas Public Library Cooperative, Inc. For a Library Seeking Membership Libraries applying for membership in the Pinellas Public Library Cooperative, Inc. must be approved by the Board, which shall determine if the Library meets the basic eligibility requirements outlined below: 1. The Library meets the Essential level of Core Standards as defined in the Florida Public Library Standards (FLA, 2006 Revision, updated 2015 “Standards for Customer Focused Library Facilities” verified 2017). 2. The Library meets the Florida Public Library Standards (FLA 2006 Revision, updated 2015, verified 2017) for Interconnectivity, Lending Services, Services-Resource Sharing and Interlibrary Cooperation. 3. The governing entity must have an established budget for the maintenance and operation of the Library and must be audited each year. 4. There must be evidence that such funding is available, restricted for the Library and will continue to be available. 5. The Library has a long-range plan, an annual plan of service, and an annual budget [Florida Statutes 257.17(2)(e)] (long range plan statement, verified 2017). 6. The Library engages in joint planning for coordinating of library services within the county or counties that receive operating grants from the state [Florida Statutes 257.17(2)(f)] (joint planning statement, verified 2017). 7. The Library adapts its services to meet the needs of people with disabilities as required by the Americans with Disabilities Act and its attendant regulations. 8. The Library has established hiring practices that are in accordance with Equal Employment regulations. When the Library and its governing entity determine that these eligibility requirements can be met the attached Procedures for Admission must be followed. Such requests may be initiated at any time but the funding cycle for the subsequent fiscal year requires a March 31 deadline. See the Procedures for Admission for steps to be taken. 16 Procedures for Admission To the Pinellas Public Library Cooperative, Inc. As a Member Library 1. The Library seeking admission to the Cooperative must provide documentation that it can meet the standards spelled out in the Policy on Admission. 2. The Library must submit a letter of request signed by its governing entity (city commission, Board of Directors, etc.) to the Board/Executive Director. 3. The Library must submit with its letter of request documentation that it meets the basic eligibility standards for admission to the Pinellas Public Library Cooperative, Inc. as provided for in the Policy on Admission. 4. Upon receipt of the letter of request and documentation, the Board and Executive Director will review the request and appoint a committee to visit and evaluate the Library. 5. The committee will determine readiness for services by the requesting Library and will report any deficiencies in writing to the Board and to the Library's governing entity. 6. If the Library's governing entity wishes to pursue membership, it will be given a period of time in which to correct deficiencies, if any, and to prepare the Library for final evaluation by the Board. 7. Upon receipt of the final evaluation, the Board will have up to sixty (60) days in which to vote upon admission. 8. Following a positive vote, the Board will present the Library's governing entity with a copy of the Interlocal Agreement, which must be executed and returned, and an agreement form for the basic policies and procedures in effect for Member Libraries, including all public service policies such as patron registration, patron cards, materials circulation rules and others. 9. In order to be included in the subsequent year's funding allocations, the Procedures for Admission must be completed by March 31st in any given year. 17 EXHIBIT "B" Disbursement Formula Base Allocations to Members with Libraries shall be 90% of the balance remaining after the adjustments stated in Section V.D.1 and V.D.2 of the Library Interlocal Agreement. Each Library's percentage of the total Local Support extended, as determined through the review of the Certified Annual Financial Reports (CAFR), shall then be determined and translated into dollar amounts. The percentage of the total Local Support extended shall be determined by dividing the sums expended locally by the total Local Support for all Members. As set forth in Section IV.B.5 of the agreement, the Local Support shall be determined by adding the expenditures for Personnel Services (State of Florida Uniform Accounting System Manual for Florida Local Governments, Object Code 10), Operating Expenditures/Expenses (Object Code 30), and books, publications, and library materials (State of Florida Uniform Chart of Accounts Object Code 60, Sub-Object Code 66). All other expenditures not specifically listed above shall not be tabulated when determining the Local Support. The Members shall receive a percentage of the available funds equal to the percentage of their total support extended as a base allocation subject to a maximum of 16% and a minimum of 4%. Circulation Allocations to Members with Libraries shall be 10% after the adjustments stated in Section V.D.1. and V.D.2. The dollars available for distribution include the balance remaining after the base allocation. The circulation pool allocation percentage shall be derived by taking non-resident (residents from unincorporated Pinellas County and other Member cities) circulation figures for each Library and dividing it by the total non-resident circulation for all Members. Total Allocations to Members with Libraries shall not exceed the amount of the Local Support. CITY OF CLEARWATER Countersigned: George N. Cretekos Mayor Approved as to form: Cb}:!~ Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: Attest: w~~~---rr Wilham B. Horne 11 City Manager Rosemarie Call City Clerk RECEIVED SEP 1 9 2018 D\,,v\ 18 DUNFZDIN Home of Honeymoon Island CITY OF DUNEDIN Mayo . J lAli e Ward B1~1,i\sti(printed name) Date: q///18 City Clerk fxnis~ K, ( k.pain ell (printed name) Date:# 19 CITY .'.:)/GULFPO~ By: ~ f. 1ffe City Manager: James E. O'Reilly Date: August 7, 2018 ATTEST: Date: August 7, 2018 CITY OF GULFPORT TENT AND FORM: 20 City of Largo t?Lf>~ City Manager . . . . .... Attest: Signature Page RECEIVED AUG 1 5 2018 VV0- 21 CITY OF MADEIRA BEACH _..;:..J=ona=th=an=E=v.:..::ans=:::..._ (printed name) . By:~~ lJ~~(signature) Vice-Deputy Mayor: Deryweinstein Date: ~-/ ~ -/& (printed name) ATTEST: By: (!_ilrw,_ tk31~) City Clerk : __ C=l=ar=a'-'V-=anB=l=ar=g=an"--_ (printed name) Date: ~-/l(,VJ ~ By: h ( /h:& (signature) City Attorney: ----"""Ral=f=--B=rc.=...oo=k=es=---(printed name) Date: f /1 '/ )! l/ ---7--1----,-J<-----:--=- r·,. 22 TOWN OF By: --1-,#..-.+..::....i..:~---,I...---(signature) Mayor: ___._,11....1-4-l~,LL,,;_----Jil~~.;z_---(printed name) Date: g l,u I ,e ATTEI Bl\;__,4 LJ: Cr?~ (signature) City Clerk M /h2.r CA MP i3e1,L (printed name) Date : r{,ll}tf / I SEAL 23 ATTEST: ' -t-:,,<--t-~___,J ~'---------,nn Nixon, MMC City Clerk City of Oldsmar APPROVED AS TO FORM: City Attorney City of Oldsmar Date Date Date 24 CITY OF PINELLAS PARK ::.> By: ~....,..._-'-+--~-'---s---=---=--=--=---=---=--1(--c:-s 1rog n at u re ) City B~~~ure) Mayor: Sandra . Bradbury Date:Oo/;;11 d(J)g APPROVED AS TO FORM AND CORRECTNESS: By~ (signature) ~City Attorney: James W. Denhardt Date: 0(( · 11-I~ 25 TOWN OF REDINGTON BEACH TOWN OF REDINGTON BEACH Date: ~ -1 S--r 8 ATfEST: By\-fh.A..M....,p Q.c.."-[{!_ V City Clerk: Missy Clarke, CMC Date: t:>, !(o -'8 APPROVED By: ~ City Attorney: Jay Daigneault Date: 8/iQI~ 26 TOWN OF REDINGTON SHORES I • -+-,-1,,~~~~,_£--~-j!-/-'-_ (signature) __.._.__,____~-'-'----v.-:,-~~--c-'-'-fv-'--1 ___ ---_. __ (printed name) ATTEST: (} ,, By: __ /:{\{.l'-':11 y (& fVJI____. (signature) Town Cir r\fl:f '--\ S p FY/r<<Y (printed name) Date:~ lq Ii By: . · ·nature) -. . TOWN Att rney n-~_6{;l-~At4d!_r.t:{printed name) Date:.. _ 9---/ Ii,_----/$ 27 CITY OF SAFETY HARBOR CITY OF SAFETY HARBOR, FLORIDA, APPROVED AS TO FORM: ,Al~ CityAttorne ATTEST: RECEIVED SEP 1 8 2018 18 28 City of St. Pete Beach By: -~:...J~~========::::{Signature) City :y(!~ (signature) Date: j --I 5 -/ ? Arrf17 ·. . {;, . . , By:~ ~ (signature) City Clerk: Rebecca Haynes Date: Ci11 ..--)o\"8 Al'P~ANDFORM: By: ~----"'--''--""""'----....:;__--(signature) I City A77/' Anlew Dickman, Esg Date: ~ /~ 29 LIBRARY INTERLOCAL AGREEMENT CITY OF ST. PETERSBURG SIGNATURE PAGE · -RECEIVED SEP 2 1 2018 (~ 30 CITY OF SEMINOLE CITY OF SEMINOLE By: City Manager: ANN hNey~ o~ (Print Name) Date: 9 - / D-/$ By: Mayor: Date: q,;~./f ATTEST: /) By: ~~ ~ IJllZ q:..u . (Signature) City Clerk: ~--Inv 4..) be.I I Ve q_ I)_,, (Print Name) Date: CiJ. 10, 10 -, APPROVED AS T By: City Attorney: Date: 19 31 CITY OF TARPON SPRINGS, FLORIDA FOR THE CITY OF TARPON SPRINGS: By: _@_~--'--t-~'-f-A....,_i_r:_,[._,_.:\, ___ (signature) City Manager: Mark G. LeCouris Date: ?' ---8\ -l ( Mayo · hris Alahouzos Date: g <2 / ,-/ Y > . " .... "'· ., : ~-\l S r' lit. ·. · · .. 1','\;~' '\ ... t . •~. Ir~ . ~, ........ •• ~-4,,. t:::/r-l A TTE~: ,\_:. \ <. a(~we 2)}Alif/bg~~ureJ '---. \ . City Clerk: Irene Jacob'~ . -,'.}:. :; .._-::t~~'. · Date: ?; -';)\---\ [ · _ __.. · · · · ,/ APP TENT AND FORM: By: -+----+---+-----+---+----(signature) City A torney: Jay Date: i \ i l l l Y ' neault, Esq. 32 ATTEST: PINELLAS PUBLIC LIBRARY COOPERATIVE INTERLOCALAGREEMENT 10/0l-2018-09/30/2023 CfTY OFTAEASUAE RAND, FL 33 PINELLAS COUNTY, FLORIDA, by and through its Board of County Commissioners, for and on behalf of the East Lake Library Municipal Services Taxing Unit By, �e.-dL""'v _ �uz Kenneth T. Welch, Chainnan ATTEST: KEN BURKE, CLERK OF COURT APPROVED AS TO FORM � C AHASTON CE OF THE COUNTY ATTORNEY 34 PINELLAS COUNTY, FLORIDA, by and through its Board of County Commissioners, for and on behalf of the Palm Harbor Community Services District, a municipal services taxing unit By �e.ksr: UJJJ.___ Ke� T.Wclch, Chairman _.\ .. , L• • ', ·�-•. . . I ,• ' • ATTEST: KEN BURKE, CLERK OF COURT -, , '. . ..I �. • , • 9 , ,. • I 1 ,· ,� • .., -��,. •·'./i.� \" ·:)·�.: :, . ,· APPROVED AS TO FORM � C AHASTON CE OF THE COUNTY ATTORNEY 35 PINELLAS COUNTY, FLORIDA, by and through its Board of County Commissioners By: �n.y. w£ Kenneth T. Welch, Chairman ATTEST: KEN BURKE, CLERK OF COURT APPROVED AS TO FORM CNAHASTON CE OF THE COUNTY ATTORNEY 36 PPLC Board approved 7.11.18 BCC approved 9.25.18 FIRST AMENDMENT TO LIBRARY INTERLOCAL AGREEMENT THIS FIRST AMENDMENT is entered into between the undersigned Governmental Units as set forth on the signature pages attached hereto (collectively, “Parties”), for the participation in a cooperative library service for Pinellas County (the “Cooperative"). WHEREAS, the Parties entered into the Library Interlocal Agreement effective October 1, 2018, and extending through September 30, 2023 (the “Agreement”); and WHEREAS, the Parties wish to extend the Agreement for an additional five (5) years, as authorized by Section I (C) of the Agreement; NOW, THEREFORE, in consideration of the mutual benefits and in consideration of the covenants and agreements set forth herein, the Parties hereto agree as follows: 1. The Agreement is extended for an additional five (5) years, for the period from October 1, 2023 to September 30, 2028. 2. This Amendment may be signed in counterparts and will be effective as of September 30, 2023 (“Effective Date”). 3. All other provisions of the Agreement not amended in this First Amendment shall remain in full force and effect. 4. This First Amendment shall be filed by the County with the Clerk of the Circuit Court as provided in Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed and effective on the Effective Date. ---------SIGNATURE PAGES TO FOLLOW--------- Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0631 Agenda Date: 11/2/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 6.4 SUBJECT/RECOMMENDATION: Authorize a purchase order to Azteca Systems Holdings, LLC dba Azteca Systems, LLC (Azteca) of Sandy, UT for computerized maintenance and management system (CMMS) software in the amount of $390,000.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback or cooperative purchasing, and authorize the appropriate officials to execute same. (consent) SUMMARY: Authorization is requested to piggyback Pinellas County Contract Number 156-0399-(RG) with Azteca, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c) Piggyback for the utilization of CityWorks Online Premium software as a service (SaaS) the amount of $390,000.00. This agreement is for a three-year term beginning November 1, 2023, through October 31, 2026. The authorization of this item will replace the City’s current asset management solution, Oracle Work and Asset Management (OWAM). This purchase will include 125 user licenses for Server AMS Premium Cityworks Online Enterprise License Agreement (ELA), including products: Respond Mobile Native Apps (for iOS/Android), Office (limited use for Admin and Reporting only), and the following add-ons: Storeroom, Equipment Checkout, Contracts, Cityworks for Excel, Cityworks Analytics AMS, eURL (Enterprise URL), Operational Insights, Workload, Web Hooks, OpX Projects, OpX Contracts, OpX Budgets, 1 Sandbox (test). Also included is the use of Cityworks AMS Application Programming Interfaces (APIs) with commercially available Cityworks-centric applications that are licensed and maintained by authorized Cityworks partners, and use of Cityworks AMS Application Programming Interfaces (APIs) with third party system integrations. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement projects 355-94883, Business Process Review and Improvements, to fund the first year of this purchase. Future maintenance (FY24 and FY25) will be budgeted in the Information Technology operating budget, codes 5559864-530300 (Contractual Services) & 530500 (Maintenance Contracts). STRATEGIC PRIORITY: This purchase will facilitate the enterprise asset management project and support all the objectives of a High Performance Government, as well as waste reduction (Environmental Stewardship) and collaborative engagement and inclusive decision making (Superior Customer Service). Page 1 City of Clearwater Printed on 10/31/2023 |1CITY OF CLEARWATER Enterprise Asset ManagementSystemReplacement |2CITY OF CLEARWATER What is ‘Enterprise Asset Management’ and Why is it Important? Enterprise Asset Management is a documented, systematic approach to managing physical infrastructure to maximize its service life and anticipate resource needs for operation and eventual replacement. These processes increase visibility of resource demands and total cost of operations, prioritization of projects and expenditures, greater awareness of operating needs and risks during decision making. |3CITY OF CLEARWATER Benefits of a Robust Asset Management Program •Citywide consistency in management of assets, coordination of activities across departments (ROW Management) and with third parties (County and adjacent cities) – essential given our scale •Optimize workload and resource management •Elevated customer service and accountability |4CITY OF CLEARWATER Benefits of a Robust Asset Management Program •Conscious decision-making regarding cost-of-operation and future maintenance obligations •Proactive vs crisis management approach •State compliance and penalty avoidance •Informed risk management and project prioritization |5CITY OF CLEARWATER Maturing Asset Management Program Maintenance Management Work Management Work Efficiency Asset Reliability Asset Life Cycle OptimizationStrategic Management Clearwater Reactive Planned Predictive |6CITY OF CLEARWATER Enterprise Asset Management (EAM): Key to Achieving our Strategic Objectives Investment in EAM will also promote numerous City Strategic Plan priorities: •High Performing Government (1.1,1.2,1.3, 1.4, 1.5) •Community Wellbeing (4.2) •Superior Public Service (5.3) |7CITY OF CLEARWATER History of Asset Management in Clearwater •Early tools were limited (Paper, Word, & Excel) •1990s-2000 conversion of paper maps to digital CAD files, and then GIS; first Fleet Management application •2004-2010 the city purchased Synergen (SPL/OWAM) and implemented with varying degrees of success in Public Utilities, Gas, Fleet, Public Works, and Urban Forestry. |8CITY OF CLEARWATER What’s Next for EAM in Clearwater? •The OWAM system requires significant upgrades over the next 2 years as Oracle is converting it to a cloud- only offering. •The necessary upgrade path to remain with OWAM will cost $1.2M-$1.6M over the next 18-24 months. •Recommendation: Implement a new asset management software system with an enterprise plan. |9CITY OF CLEARWATER Implementation Timeline/ Resource Expectations: Phase 1 •Phase 1 Focus: Public Utilities •Phase 1 Cost: $1.64M implementation, $130K recurring •Phase 1 Timeline: 18 months •Phase 1 FTEs Anticipated: 4 ($400K Recurring) 3 Public Utilities, 1 Public Works |10CITY OF CLEARWATER Implementation Timeline/ Resource Expectations: Phase 2 •Phase 2 Focus: Public Works, Gas, Parks & Recreation, Building & Maintenance •Phase 2 Cost: $1.5M-$2M (est.)implementation, $130K recurring ($260K total recurring) •Phase 2 Timeline: 18 to 24 months •Phase 2 FTEs Anticipated: 6 ($600K Recurring) 1 Public Works, 2 P&R, 1 B&M, 2 Finance/Budget |11CITY OF CLEARWATER Phase 1 (Public Utilities)Project Implementation Tasks •DEFINE: Develop project governance, change and communication management plans •DISCOVER: Review data, determine requirements, develop standards and hierarchies, plan integrations•DEVELOP: Build and configure system, collect data, develop reports, create integrations, acceptance testing•DEPLOY: Device configuration, user training, go-live •SUPPORT: Address technical issues, make revisions, update reports |12CITY OF CLEARWATER Phase 1 Project Tasks |13CITY OF CLEARWATER Keys to Implementation Success •Senior management support •Communication Plan/Change Management •Upfront planning Key Deliverables •Better and more efficient maintenance of infrastructure •Increased understanding of infrastructure scale, age and condition •Greater accountability for work performed and dollars spent •More informed CIP planning and workplan prioritization |14CITY OF CLEARWATER Departments Utilizing EAM Initial Phase: Public Utilities Future Phases: Public Works, Building & Maintenance, Parks & Recreation, Gas Scale of Use: In FY23 22,500 work order tickets created in OWAM Total Value of Assets to be Managed Approaching $1 Billion |15CITY OF CLEARWATER Why Cityworks? •County collaboration •Software abilities •Leverages existing GIS datasets •Market leader •User experience •Best alternative to upgrading OWAM |16CITY OF CLEARWATER Questions? |17CITY OF CLEARWATER Enterprise Asset ManagementSystemReplacement Quote Number Q-31970-7 Created Date 9/25/2023 Expiration Date 12/20/2023  Contact Information Contact Name:Prepared ByName:Joe Rubisch Customer:Clearwater (FL), City of Prepared By Phone: (801) 523-2751 Contact Address:100 S. Myrtle AveClearwater, FL33756  Quote Lines Product Name Quantity/ Population Net Unit Price AMS ELA Cityworks Online Premium 1.00 USD 125,000.00 Sandbox 1.00 USD 5,000.00 TOTAL:USD 130,000.00  Notes Year 1 Dollar Value USD 130,000.00 Year 1 Date Range 11/01/2023 - 10/31/2024 Year 2 Dollar Value USD 130,000.00 Year 2 Date Range 11/01/2024 - 10/31/2025 Year 3 Dollar Value USD 130,000.00 Year 3 Date Range 11/01/2025 - 10/31/2026 Notes: Server AMS Premium Cityworks Online Enterprise License Agreement (ELA), Includes the Identified Products for up to 125 Named Logins: Respond Mobile Native Apps (for iOS/Android) Office (limited use for Admin and Reporting only) --Includes the following Add-ons: Storeroom Equipment Checkout Contracts Cityworks for Excel Cityworks Analytics AMS eURL (Enterprise URL) Operational Insights Workload Web Hooks OpX Projects OpX Contracts OpX Budgets 1 Sandbox Use of Cityworks AMS Application Programming Interfaces (APIs) with commercially available Cityworks-centric applications that are licensed and maintained by authorized Cityworks partners Use of Cityworks AMS Application Programming Interfaces (APIs) with third party system integrations Annual fee herein is based on 100,001 - 150,000 population range Cityworks Online (CWOL) – is a Cityworks Online hosted services subscription for the right to access and use the Online Services for the products identified hereinabove. CWOL is a highly scalable hosted services product offering. It is hosted on Azteca Systems’ servers and completely scaled, managed, updated, backed up, and maintained by Azteca Systems. Because Azteca Systems controls the update schedule, users are not responsible for upgrading, managing, or patching the system themselves. This award was made based off Azteca System's award from Pinellas County, Contract Number 156-0399A Terms and Conditions Payment TermsPayment due within 30 days IF YOUR ORGANIZATION REQUIRES A PURCHASE ORDER, PLEASE CONTACT YOUR FINANCE DEPARTMENT TO BEGIN THE APPROVALPROCESS TO AVOID PAYMENT DELAYS. All quotations are valid for ninety-days (90) from the date above, unless otherwise stated in this quotation form. All prices quoted are inUSD, unless specifically provided otherwise, above. These prices and terms are valid only for items purchased for use and delivery for the Customers listed above. Unless otherwise referenced, this quotation is for the Cityworks software products referenced above only. Pricing for implementation services (installation, configuration, training, etc.), or other software applications is provided separately and upon request. The procurement, installation and administration of the Esri software or any other third-party software utilized in conjunction with Cityworks will be the responsibility of the Customer. For “on-prem” installations, the procurement, installation and administration of the RDBMS utilized in conjunction with Cityworks will be the responsibility of the Customer. Currently, Cityworks supports Oracle and SQL Server. The procurement, installation andadministration of the infrastructure (hardware and networking) utilized in conjunction with Cityworks will be the responsibility of the Customer. This quotation and the pricing information herein is confidential and proprietary and may not be copied or released other than for theexpress purpose of the current system Software and Product selection and purchase. This information may not be given to outsideparties or used for any other purpose without written consent from Azteca Systems, LLC or unless otherwise specifically permitted bylaw. If a “public access” or similar request is made, Customer, shall notify Azteca Systems, prior to any disclosure. Software LicensingAll Azteca Systems software offered in this quotation are commercial off-the-shelf (COTS) software developed at private expense, and is subject to the terms and conditions of the signed “Cityworks Software License and Maintenance Agreement” ("Agreement") and anyand all addendums or amendments thereto. A fully executed copy of the Agreement and any addendum(s) is required before deliveryand installation and usage of the software is subject to the terms of the current license agreement. The terms and conditions of the executed Cityworks Software License Agreement apply to this Quote unless otherwise specificallystated herein. Any additional or conflicting terms set forth in any purchase orders, invoices, or other standard form documentsexchanged during the ordering process, other than product descriptions, quantities, pricing, and dates are void and of no effect. Delivery method is by way of download through Azteca Systems, LLC. customer support web portal. TaxesPrices quoted do not include any applicable state, sales, local, or use taxes unless so stated. In preparing your budget and/or PurchaseOrder, please allow for any applicable taxes, including, sales, state, local or use taxes as necessary. Azteca Systems reserves theright to collect any applicable sales, use or other taxes tax assessed by or as required by law. Azteca Systems reserves the right to add any applicable tax to the invoice, unless proof with the order is shown that your organization or entity is tax exempt or if it pays anyapplicable tax directly. International CustomersThese items are controlled by the U.S. government and authorized for export only to the country of ultimate destination for use by theultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated intoother items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations. Azteca Systems, LLC - Cityworks | 11075 South State Street Suite 24, Sandy, UT 84070 | Corporate Main 801-523-2751 | Corporate Fax 801-523-3734 Cityworks· Aztecl SyMama, Inc., 11075 South SIMI. 51*1124 • TEl801.523.2751 • FAX 801.523.3734 www clw!g!!a.aJD CITYWORKS• LICENSE AGREEMENT This Software License Agreement made by and between Azteca Systems, Inc. ('"' Azteca Systems") a Utah corporation, with a place of business at 11075 South State, Suite 24, Sandy, Utah 84070 USA and Pinellas County, a political subdivision of the State of florida, using certain of Azteca Systems Licensed Products hereinafter referred to as '"'Licensee." This Agreement is effective immediately upon delivery of Licensed Products (the "Effective Date"). Azteca Systems Products are licensed under the terms and conditions of the License Agreement. This agreement, when executed by the licensee named below ("Licensee") and Azteca Systems, Inc. (Azteca Systems), as licensor of the Software, Online, Services. and Documentation licensed under the License Agreement, will supersede any previous Agreements including the License Agreement presented in the installation process requiring acceptance by electronic acknowledgement and will constitute a signed License Agreement. This signed License Agreement includes (i) this License Agreement, (ii) Addendum I -Product Licensing (iii) Addendum 2 -Maintenance Agreement and (iv) Addendum 3 -Third Party Consultant Agreement. This signed License Agreement may be executed in duplicate by the Parties. An executed License Agreement, modification, amendment, or separate signature page shall constitute a duplicate if it is transmitted through electronic means. such as fax or email. and reflects the signing of the document by any Party. Duplicates are valid and binding even if in an original paper document bearing each Party's original signature is not delivered. ARTICLE I-DEFINITIONS J.J Definitions. The terms used are defined as follows: a. "Agreement" means this Software License Agreement between Az:tec:a Systems and Licensee, inclusive of all schedules, exhibits, attachments, addenda and other documents incorporaled by reference. b. "Authorization Code(s)" means any key, authorization number, enablement code, login credential, activation code, token, account user name and password. or other mechanism required for use of a Product. c. "Authorized User" or "User" shall mean: (i) a direct user of the Licensed Products, including but not limited to Licensee's employees; or (ii) Licensee's consultants who have agreed to maintain the Licensed Property in confidence and use it only for the benefit of Licensee. d. ..Client Data" means the data provided or inputted by or on behalf of Ucensee, including personaJiy identifiable information, for use with the Software. e. "Covered Software" shall mean the particular Cityworks Software, scripts, interfaces and custom code identified in Addendum I. f. "Custom Applications " shall mean any scripts, interfaces, reports or program code created by Azteca Systems, Licensee, Cityworks Partner, or other third-party, other than Program Modifications to the Cityworks applications, that provide specific functionality uniquely designed for the Licensee. Any Custom Applications delivered to Licensee shall NOT become part oftbe Licensed Software unless otherwise specified in Addendum 1. g. "Data" means any Azteca Systems or third-party digital dataset(s) including. but not limited to, geographic vector data, raster data reports, or associated tabular attnbutes, whether bundled with Software and Online Services or delivered independently. h. "Deployment Server License" means a license that, in addition to providing staging server License rights, authorizes Licensee to install and use the Software for deployment in Licensee's internal use. i. "Testing Server License" means a license that authorizes Licensee to install and use the Software on a server in Licensee's internal use to provide testing License rights prior to deployment. j. "Documentation" means all user reference documentation that is delivered with the Software and includes but is not limited to (a) all materials published, provided digitally, or otherwise made available to Licensee by Azteca Systems that relate to the functional, operational and/or performance capabilities oftbe Software; (b) all user, operator, system administration, technical, support and other manuals and all other materials published, provided digitally or otherwise made available to Licensee that describe the Standard License & Maintenance Agreement Page I of 15 OJ/16 ed. k. I. m. D. o. p. q. r. s. t u. v. functional, operational and/or performance capabilities of the Software; and (c) the results of any "Proof of Concept" or sbnilar type presentations or tests provided by Azteca Systems to Licensee. "Internal Usc" means use of the Licensed Products by employees of Licensee in Licensee's internal operations but does not include access of the Licensed Products by, or use oftbe Licensed Products in the provisions of services to, Licensee's clients or customers. Internal Use also includes use ofthe Licensed Products by contractors of Licensee, including con~ providing outsourcing or hosting services, as long as Licensee assumes full responsibility for the compliance with this Agreement in such use. Use of the Licensed Products (or any part thereof) for the benefit of others, whether by means of a software as a service offering, service bureau application, application service provider, outsourcing or other means of providing service to any third party shall not be considered Internal Use. "Licensed Products" shall mean ·the portion of the Cityworlcs Software and the Documentation to which Licensee bas purchased a License as identified as specified in Addendum 1 attached hereto. Licensed Products shall include any updates or upgrades to the Licensed Products that Azteca Systems may at its discretion deliver to LiceDSee. "Login" means a license that allows Licensee to permit a single authorized named end user to use the Software, Data. and Documentation installed on a server and accessed ftom a computer device. "Online Services" means any Internet-based system, including applications and associated APis, hosted by Azteca Systems or its licensors, for storing. managing. publishing, and using Cityworks software and data, 8Dd other information. "Ordering Document(s)" means a sales quotation, purchase order, or other document identifying the pfoducts that Licensee orders. "Preview" means any alpha, beta, or prerelease Product. . ... ''Product(s )" means .Software, Da1a, Online Services, and Documentation li<:ensed under the terms of this License Agreement. "Sample(s)" means sample code, sample applications, add-ons, or sample extensions ofProducts. "Server'' means each single instance of an operating system, whether physically installed on a computer or within a virtualized environment "Software" or "Cityworks Software" means all or any portion of AzteQ Systems proprietary software technology, excluding data, accessed or downloaded ftom an Aztcca Sym:ms (Cityworks) authorized website or delivered on any media in any fonnat including backups, updates, upgrades, and service packs. "Maintenance Addendum" shall mean the Master Software Maintenance Addendum attached hereto. "Tenn License" means a license or access provided for use of a Product for a limited time period (''Term") or on a subscription or transaction basis. ARTICLE l-INTELLECTUALPROPERTY RIGHTS AND RESERVATION OF OWNERSHIP Products are licensed, not sold. Azteca Systems and its licensors own Products and all copies, which are protected by United States and applicable international laws, treaties, and conventions regarding intellectual property and proprietary rights including trade secrets. This Agreement does not transfer ownership rights of any description in the Software, materials, or services to Licensee or any third party. Licensee agrees to use reasonable means to protect Products from unauthorized use, reproduction, distribution, or publication. AzJ.eca Systems and its third-party licensors reserve all rights not specifically granted in this License Agreement including the right to change and improve PrOducts. ARTICLE 3-GRANT OF LICENSE 3.1 Grant ofLkense. Subject to the tenns of this agreement, Azteca Systems grants to Li~nsee a personal, nonexclusive, nontransferable license solely to use the ProductS as set forth in the applicable Ordering Documents (i) for which the applicable license fees have been paid; (iO for Licensee's own internal use; and (iii) in accordance with this License Agreement and the configuration ordered by Licensee or as authorized by .A71eca Systems or its authorized distributor; and (iv) for the applicable Term or until terminated in accordance with Article 5. Ucense types may include, but are not limited to Login, Workgroup, Departmental, ELA (Enterprise License) Licenses. Licensee may allow third party consultants or contractors to access and use the licensed Software, provided Licensee and Third party consultant asree to and are bound by the tenns set forth in Addendum 3. In addition to the Scope of Use in Article 4, Addendwn 1-Prdduct Licensing and the Software Terms and Use which applies to specific Products, Addendum 2 --Maintenance Agreement, and Addendum 3 -Third Party Contractor Agreement (if appllc:able) collectively, are incorporated in this Agreement Standard License & Maintenance Agreement Page 2 of 15 03116 ed. a. Software. Use and License for specific Software products are set forth in Addendum 1-ProduCt Licensing Addendum. which is incmporated by reference. b. Maintenance. Maintenance terms are set furth in Addendum 2,-Maintenance agreement which is inco~porated by reference. c. Third Party Contractor. Terms of use for Third Party Contractor software usage (if applicable) are set forth in Add~dum 3, which is incorporated by reference. 3.2 Preview Release Licenses. Products acquired under an evaluation license or under a Beta program are intended for evaluation and testing purposes only and not for commercial use. Any such use is at Licensee's own risk. and the Products do not qualify for Azteca or distributor maintenance. 3.3 Special Use Programs. If Licensee acquires Products under a special program for noncommercial, nonprofit, educ:atiooal, or other limited-use license. Licensee's use of the Products is subject to the terms set forth in the applicable enrollment form or as described on Azteca's website in addition to the non-conflicting terms of this License Agrecmcot All such program terms are incorporated herein by reference. 3.4 Delivery. Unless otherwise requested by Licensee. Azteca Systems ~all provide an electronic link to make available to Licensee the Licensed Property by electronic download and a license key to activate the Licensed Property. ARTICLE 4--SCOPE OF USE 4.1 Permitted Uses a. For Products delivered to Licensee. Licensee may: 1.. Install and store Products on electronic storage device(s); 2. Make archival copies and routine computer backups; 3. Install and use a newer version of Software concurrently with the version to be replaced during a reasonable transition period not to exceed 12 months, provided that the deployment of either version does not exceed the Licensee•s licensed quantity. thereafter. Licensee shall not use more Software in the aggregate than Ucensee's total licensed quantity. and 4. Move the Software in the licensed configuration to a replacement Server. b. Licensee may use, copy. or prepare derivative works of Documentation supplied in digital format and thereafter reproduce, display, and redistribute the customized documentation only for Licensee's own internal use. Portions of Documentation supplied in digital format merged with other software and printed or digital documentation are subject to this License Agreement Licensee shall include the following copyright attribution notice acknowledging the proprietary rights of Azteca and its licensors: "Portions ofthis document include intellectual property of Azteca and its licensors and are used herein under license. Copyright C [Licensee will insert the actual copyright daJe(s) from the source malerla/s] Azteca Systems. Inc. and its licensors. All rights reserved." c. Comultant or Contractor Accu.s. Subject to Section 3.1 and Addendum 3, Azteca Systems grants Licensee the right to permit Licensee's consultants or contractors to use the Products exclusively and solely for Licensee's benefit Licensee must ensure consultants and contractors execute Addendum 3 and provide a copy to Azteca. Licensee shall be solely responsible for compliance by consultants and con1ractors with this License Agreement and shall ensure that the consultant or contractor discontinues Product use upon completion of work for Licensee. Access to or use of Products by consultants or CC?Dtractors not exclusively for Licensee's benefit is prohibited. 4.1 Uses Not Permitted. Except to the extent that applicable law prohibits or overrides these restrictions. or as provided herein. Licensee shall not ' a. Sell, rent. lease, sublicense. lend, assign, or time-share Products; Standard License & Maintenance Agreement Page3 of15 03/16ed. b. Permit persons other than Authorized Users to access or use the Licensed Products (or any part thereof); c. Act as a service bureau or Commercial ASP; d. Use Software, Data, or Documentation for a site or service and operate the site or service for profit or generate revenue through direct or indirect methods (e.g., advertising or by charging for access to the site or service); · e. Redistribute Software, Data, or Online Services to third parties, in whole or in part, including. but not limited to, extensions, components, or APis; f. Redistribute Authorization Codes; g; Reverse engineer, decompile, or disassemble Products; . h. Make any attempt to circumvent the technological measurc(s) that controls access to or use of Products; i. Upload or transmit content or otherwise use Products in violation of third-party rights, including intellectual property rights, privacy rights, nondiscrimination laws, or any other applicable law or government regulation; j. Remove or obscure any Azteca Systems (or its licensors') patent, copyright, trademark, proprietary rights notices, and(or legends contained in or affixed to any Product, Product OUipUt, metadata file, or online·aodlor ban:kopy attribution page 'Of any Data or Documentation delivered hereunder; k. Separate from the licensed use of APis, Licensee may not unbundle or independently use individual or component parts of the Produds, Software, Online Services, or Data; I. Unbundle or independently use the individual or tomponent.parts of Software or Services; m. Incorporate any portion of the Software into a product or service that competes with the Software; n. Publish the results of benchmark tests run on Software without the prior written permission of .Azteca Systems, subject to section 9.15;'or o. Use, incorporate, modifY, distn'bute, provide access to, or combine any computer code provided with the Software In a manner that would subject such code or any part of the Software to open source license terms, which includes any license tenus that require computer code to be (i) disclosed in source code form to third parties, (ii) licensed to third parties for the purpose of making derivative works, or (iii) redistributable to third parties at no charge. - ARTICLES-TERM AND TERMINATION 5.1. This License Agreement is effective upon acceptance. Licensee may tenninate this License Agreement or any Product license at any time upon written notice to Azteca Systems. Bither party may terminate this License Agreement or any license for a material breach that Is not cured within thirty (30) days of written notice to the breaching party, except that termination is immediate for a material breach that is impossible to cure. Upon tennination of the License Agreement, all Jice.nses granted hereunder terminate as well. Upon termination of a license or the License Agreement, Licensee will (i) stop accessing and using affected Product(s); (ii) clear any client-side data cache derived from Online Services; and (iii) uninstall, remove, and destroy all copies of affected Product(s) in Licensee's possession or contro~ including any modified or merged portions thereo( in any form, and execute and deliver evidence of such actions to Azteca Systems or its authorized distributor. If this Agreement is terminated under sectioo 4 of the Maintenance Addendum, Licensee shall then return to~ Systems all of the Software Cityworks, related modules, related updates. and any whole or partial copies, codes, modifications, and merged portions in any fonn. Azteca will for no additional charge to Licensee and at Licensee's option either grant a license to the Licensee, for a period of one year, which will allow Licensee to retain the ability to access records and data contained In The Cityworks Software or allow Licensee to create digital copies of all files needed by the Licensee for the same period. If Licensee needs to retain access to records or data for a period longer than one ( 1) year, in order to transfer data to another system, Azteca will consider reasonable requests to extend beyond one (1) year. The parties hereby agree that all provisions which operate to protect the intellectual rights of Azteca Systems shall remain in force should breach or termination occur. ' ARTICLE 6-LIMITED WARRANTIES AND DISCLAIMERS 6.1 Limited Warranties. Except as otherwise provided in this Article 6, Azteca Systems warrants for a period of ninety (90)' days from the date Azteca Systems issues the Authorization ~. enabling use of Software and that the Standard License & Maintenance Agreement Page4 ofl5 031161d. unmodified Software will substantially conform to the published Documentation under normal use and service. 6.2 Spedal Disdafmer. CONTENT, DATA. SAMPLES, NEW VERSIONS, HOT FIXES, PATCHES, SERVICE PACKS, UPDATES, UPGRADES, AND ONLINE SERVICES PROVIDFD ON A NO-FFE BASIS, AND EVALUATJON, TEST AND BETA SOFTWARE ARE DELIVERED "AS IS" WITHOUT WARRANTY OF ANY KIND 6.3 Internet Disclaimer. THE PARTffiS EXPRESSLY ACKNOWLEDGE AND AGREE 1liA T THE INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS AND THAT (i)'THE INTERNET IS NOT A SECURE INFRAStRUCTURE. (ii) THE PARTIES HAVE NO CONTROL OVER THE ·INTERNET, AND (Hi) NONE OF THE PARTIES SHALL BE LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW RELATED TO THE PERFORMANCE OR DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET THAT MIGHI' RESTRicr OR PROHmiTTHE OPERA TIONOF ONLINE SERVICES. 6.4 Geoeral Diselaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED W ARRANTIES;·AZTECA SYSTEMS DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCliANTABILI1Y AND FI1NESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. AZI'ECA SYSTEMS DOES NOT WARRANT THAT PRODUCTS WILL MEET LICENSEE'S NEBDS; THAT LICENSEE'S OPERATION OF THE .SAME WILL BE UNINTERRUPTED, ERROR FREE, PAUL T-TOLERANT, OR FAIL-SAFE; OR 1liA TALL NONCONFORMITIES CAN OR WILL BE CORRECTED. PRODUCTS ARE NOT DESIGNED, MANUF AcnJREO, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS THAT MAY LBAD TO DEATH, PERSONAL INJURY, OR PHYSICAL PROPERTY/ENVIRONMENTAL DAMAGE. LICENSEE SHOUlD NOT FOLLOW ANY SUGGESTIONS OR INSTRUCTIONS THAT APPEAR TO BE HAZARDOUS, UNSAFE, OR ILLEGAL. ANY SUCH USE SHALL BE AT LICENSEE'S OWN RISK AND COST. 6.5 · Exclusive Remedy. Licensee's exclusive remedy and Aztcca Systems' entire liability for br:each of the limited wammties set forth in this Article 6 shall be limited, at Azteca Systems' sole discretion, to (i) replacement of any defective media; (ii) repair, correction, or a workaround for Software or Online Services subject to th.e Azteca Systems Maintenance Program or Li~'s authorized distributor's maintenance program, as applicable; or (iii) return of the license fees paid by Licensee during the current period, for Software or Online Services that do not meet Azteca Systems limited warranty, provided that Licensee uninstalls, removes, and destroys all copies of Software or Documentation; ceases using Online Services; and executes and delivers evidence of such actions to Azteca Systems. ARTICLE 7-LIMITATION OF LIABILITY 7.1 Disclaimer of Certain Types ofLiabWty. AZTECA SYSTEMS, ITS AUTHORIZED DISTRIBUTOR (IF ANY), AND ITS LICENSORS SHALL NOT BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS, LOST SALES, OR BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL; OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT OR USE OF PRODUCTS, HOWEVER CAUSED. ON ANY TIIEORY OF LIABILITY, WHETIIER OR NOT AZTECA SYSTEMS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSffiiLITY OF SUCH DAMAGE. THESE LIMITATIONS SHALLAPPLYNOTWTrnSTANDING ANY FAILUREOFESSENTIALPURPOSEOF ANY LIMITED REMEDY. 7.l General Umltation of Liability. EXCEPT AS PROVIDED IN ARTICLE 8-INFRINGEMENT INDEMNITY, THE TOTAL CUMULATIVE LIABILITY OF AZTECA SYSTEMS AND ITS AUTHORIZED DISTRIBUTOR HEREUNDER, FROM ALL. CAUSES OF ACTION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE). STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY LICENSEE DURING THE CURRENT SUPPORT PERIOD, OR THE INSURANCE LIMITS OF AZTECA COVERING THE PARTICULAR LOSS IF COVERAGE IS AVAILABLE UNDER THE CURRENT EXISTING POLICY, WIDCHEVER IS GREATER AND WHICH IS FOR THE PRODUCTS THAT GIVE RISE TO THE CAUSE OF ACTION. Standard License&: Maintenance Agreement PageS of15 03116 ed. 7.3 ApplkabUity of Disclaimers aad Limitatioos. Licensee agrees that the limitations ofliability and disclaimers set forth in this License Agreement will ~pply regardless of whether Licensee bas accepted Products or any other product or service delivered by Azteca Systems. The parties agree that Azteca Systems has set its fees and entered into this License Agreement in reliance on the disclaimers and limitations set forth herein, that the same reflect an allocation of risk between the parties, and that the same fonn an essential basis of the bargain between the parties. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE FOREGOING ~ARRANTIES, LIMITATIONS, AND EXCLUSIONS MAY NOT BE VALID IN SOME JURISDICTIONS AND APPLY ONLY TO THE EXTENT PERMIITED BY APPUCABLE LAW IN LICENSEE'S JURISDICTION. UCENSEE MAY HAVE ADDITIONAL RIGHTS UNDER LAW THAT MAY NOT BE WAIVED OR DISCLAIMED. AZTBCA SYSTEMS DOES NOT SEEK TO UMIT LICENSEE'S WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BYLAW. ARTICLE8-INFRINGEMENTINDEMNITY 8.1 Azteca Systems shall defend, indemnify as described below, and hold Licensee harmless from and against any loss, liability, cost, or expense, including reasonable attorneys' fees, arising out any claims, actions, or demands by a third party legally alleging that Licensee's licensed use of Software or Online Services inftinge a US patent, copyrigb~ or trademark, provided: a. Licensee promptly notifies Azteca Systems in writing of the claim; b. Licensee provides documents describing the allegations ofinfringement; c. Azteca Systems bas sole control of the defense of any action and negotiation related to the defense 'or settlement of any claim; and d. Licensee reasorulbly cooperates in the defense of the claim at Azteca Systems' request.and expense. 8.2 If Software or Online Services are found to infringe a US patent, copyright, or trademark. Azteca Systems, at ib own expense, may either (i) obtain rights for Licensee to continue using the Software or Online Services or (ii) modify the allegedly infringing elements of Software or Online Services while maintaining substantially similar functionality. If neither alternative is commercially reasonable, the license shall temrlnate, and Licensee shall cease accessing infringing Online Services and shall uninstall and return to Azteca Systems any infringing item(s). Azteca Systems entire liability shall then be to indemnify Licensee pwsuant to Section 8.land refund the unused portioo of fees paid, prorated for the current maintenance period. 8.3 Azteca Systems shall have no obligation to defend Licensee or to pay any resultant costs, damages, or attorneys' fees fur any claims or demands alleging direct or contn'butory infringement to the extent arising out of (i) the combination or integration of Software or Online Services with a product, process, or system not supplied by .Aztcca Systems or specified by Azieca Systems in its Documentation; (ii) material alteration of Software or Online Services by anyone other than Azteca Systems or its subcontractors; or (iii) use of Software or Online Services after modifications have been provided by Azteca Systems for avoiding infringement or use after a return is ordered by Azteca Systems under Secdon 8.2. 8.4 THE FOREGOING STATES THE ENTIRE OBLIGATION O.F AZTECA SYSTEMS wmi RESPECT TO INFRINGEMENT OR ALLEGATION OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY . . ARTICLE9-GENERALPROVISIONS 9.1 Future Updates. New or, updated Products and subscription renewals will be licensed under the then-current Azteca Systems license terms and conditions included with the deliverable Products. 9.2 Export Control Regulations. Licensee expressly acknowledges and agrees that Licensee shall not export, ro- export, import, transfer, or release Products, in whole or in part, to (i) any US embargoed country; (ii) any person on the US Treasury Department's list of Specially Designated Nationals; (iii) any person or entity on the US Commerce Department's Denied Persons List, Entity List, or Unverified List; or (iv) any person or entity or into any cowttry where such export, re-export, or import violates any US, local, or other applicable import/export control laws or Standard License & MainJenance AgreemenJ Page6 ofl5 03/16 fltl. regulations including, but not limited to, the tenns of any import/export liccose or liccosc exemption and my amendments~ supplemental additions to thOse import/export· laws as they may occur from time to time. 9.3 Taus and Fees, Sbippiag Charaes. License fees quoted to Licensee are exclusive of my and all taxes or fees, including; but not limited to, sales tax, use tax, value-added tax (VA 1), customs, duties, or ta)iffs, and shipping and handling charges. Azteca Systems aclmowledges that Licensee is not subject to certain taxes and that Licensee does not agree to pay any amount for taxes for which Licensee does not have an obligation to pay independent of the tenns of this Agreement 9.4 No Implied Waivers. The failure of either party to enforce any provision of this License Agreement shall not be deemed a waiver of the provisions or of the right ofsuch party thereafter to enforce that or any other provision. 9.5 SeverabiUty. The parties agree that if any provision of this Liccosc Agreement is held to be unenforceable for any reason, such provision sball be reformed only to the extent necessary to make the intent of the language enforceable. 9.6 Successor and Assips. Licensee shall not assign, sublicense, or transfer Licensee's rights or delegate Licensee's obligations under this License Agreement without Aztec8 Systems' prior written consent, and any attempt to do so without consent shall be void. This License Agreement shall be binding on the respective successors and assigns of the parties to this License Agreement. Notwithstanding, a government contractor under contract to the government to deliver Products may assign this License Agrecment and Products acquired for delivery to its government customer upon written notice to Azteca Systems, provided the government customer assents to the terms of this License Agreement 9.7 Survival ofTerms. The provisions of Articles 2, 5, 6, 7, 8, and 9 of this License Agreement, and the provisions of section S of Addendum 2, shall survive the expiration or tennination oftbis License Agreement. 9.8 Equitable Relief. Licensee agrees that any breach of this License Agreement by Licensee may cause irreparable damage and that, in the event of such breach, in addition to any and all remedies at law, Azteca Systems shall have the right to seek an injunction, specific perfonnance, or other equitable relief. 9.9 US Government Lieensee. The Products are commercial items, developed at private expense, provided to Licensee under this License Agreement. If Licensee is a US government entity or US government contractor, Azteca Systems licenses Products to Licensee in accordance with this License Agreement under FAR Subparts 12.211/12.212 or DFARS Subpart 227.7202. Azteca Systems Data and Online Services are licensed under the same subpart 227.7202 policy as commercial computer software for acquisitions made under DFARS. The commercial license rights in this License Agreement strictly govern Lk:ensee's use, reproduction, or disclosure of Products. Azteca Systems Software source code is unpublished. and a!J rights to Products are reserved by Azteca Systems and its licensors. Licensee may transfer Software to any licensed government procuring agency facility to which computer(s) on which Software is installed a:re transferred. If any court, arbitrator, or board holds that Licensee bas greater rights to any portion of Products under applicable public procurement law, such rights shall extend only to the portions affected. 9.1 0 Governing Law, Dbputes, and Arbitration. This License Agreement sball be governed by and construed in accordance with the laws of the State of Florida without reference to conflict of laws principles, except that US federal law shall govern in matters of intellectual property. Except as provided in Section 9 .8, any dispute arising out of or relating to this Li<;enSe Agreement or the breach thereof shall be resolved in the following order before filing with a court ofcompctentjurisdiction: Consultation and negotiation in good faith and a spirit ofmuJual cooperation; • Mediation, by a mutually acceptable mediator chosen by the parties, which cost is shared equally; 9.11 Malntenanee. Maintenance for qualifYing Software or Data consists of updates and other benefits, such as · access to technical support, specified in Aztcca Systems' or its distributor's current applicable maintenance policy, as specified in Addendum #2. 9.12 Feedbaek. Azteca Systems may freely use any feedback, suggestions, or requests for Product improvements that Licensee provides to Aztcca Systems. Regardless of the source of any feedback or suggestions, any Standard License & Mainienance Agreement Page7 of IS 03/16ed ADDENDUM#l PRODUCT LICENSING Licensed Software: ' Premium ELA Citvworks AMS Includes unlimited users of: Cityworks Office, Cityworks Field, Local Government Templates (LOT), Storeroo~ Equipment Checkout, Contracts, Cityworks Analytics, Cityworks for Excel, Mobile Native Apps (for iOS/ Android), Respond, eURL (Enterprise URL), ccrv Interfa~ to PACP, Paver Interface to MicroPaver, Service Request API, Citizen Engagement API, Work Order API Extended, Inspections API, Metrics API, Document Management API, use of all Cityworks AMS APis with commercially available Cityworks-centric applications licensed and maintained by authorized Cityworks partners, use of all Cityworks AMS A.Pis with 3rd party system integrations Additional Software &: Licettses: Adtlitional Software &: liceiiSes may be added to this License Agreement with acknowledgement of an oJjkilll Cltyworks q11ole signed by Lkt~~SU and additioiUII fus, lfn~,paid. Updates to the above licensed software means a subsequent release of the program which Azteca generally makes available to its supported customers as part of the annual maintenance plan for ~hich fees have been paid. Occasionally, Azteca changes the name of its licensed software ~s part of its ongoing process to improve and increase the functionality of the software. In the event the software licensed or listed above changes in name, and/or improvements are made, Azteca will provjde software with functionality that is similar to or with substantially the same or greater functionality of the originally licensed software, provided all current license fees have been paid Updates may not always include any release, option or future program that Azteca licenses separately. Updates are provided when available (as determined by Azteca). Azteca is under no obligation to develop any future programs or functionality. Any updates niade available will be delivered to you, or mad~ available to you for download. You shall be responsible for copying, downloading and installing the updates. - Standard License & Mailllenance Agreement Page 9 of 15 03/16ed. ADDENDUM2 STANDARD MAINTENANCE AGREEMENT This Standard Maintenance Agreement is between the Licensee named below "Licensee" and Azteca, Systems, Inc. Maintenance is provided subject to the tenns and conditions of the signed License Agreement and which is incorporated by reference. I. MAINTENANCE & SUPPORT: Azteca Systems will provide maintenance and support services to Licensee for the times and periods and amounts specified in section 7.3 below. Maintenance support services consist of the following benefits: Technical support, new version software, service packs, software upgrades, and software updates. 1.1. Azteca Systems will ensure upward compatibility for the Covered Software applications within a reasonable time frame for minor Esri® ArcGIS and Cityworks supported databases revisions. Azteca Systems will not ensure upward compatibility for Covered Software Applications when there are major Esri ArcGIS revisions (for example, from rev 10.x to rev 11.x), however Azteca Systems will make all reasonable efforts to provide upward compatibility. 1.2. Azteca Systems shall, without additional charge (except as allowed for in paragraph 3.4), during the tenn of this Maintenance Agreement provide the following: (a) Software Updates. Software Updates includes Upgrades and service packs which are a collection of files that enhance or correct the Covered Software and which will be available for Licensee to download during the Maintenance tenn. Updates and Upgrades may also include new versions; (b) Provide Telephone Support, Email Support, Web Support, during nonnal business hours, 8 AM to 5 PM Mountain Time, Monday through Friday (excepting Holidays) and after hour emergency support line, and other benefits deemed appropriate by Azteca Systems (as set forth in Section 2 below); and (c) Implement and make available a means of secure, remote direct network access (VPN, Web- access, etc.) to the Licensee's systems in order to perform thorough remote diagnostics. 1.3. The following items, among others, however, are specifically excluded as support services under this section ofthis Maintenance Agreement: (a) Support for applying or installing upgrades and service packs; (b) Assistance with questions related to third party software, computer hardware, networking, and other similar items that are not provided by Azteca; (c) Assistance with computer operating system questions not directly pertinent to the Covered Software or Program Modifications; (d) Licensee Data debugging and/or correcting; (e) Services necessitated as a result of any cause other than authorized ordinary and proper use by the Licensee of the Covered Software, including but not limited to neglect, abuse, unauthorized modifications and/or unauthorized updates; (f) Consulting regarding customizations created to function with the Covered Software unless the customization is identified and listed as Covered Software in Addendum 1; (g) Assistance with applications which are not part of a standard life cycle, such as preview, beta, or candidate releases; and (h) Questions such as configuration, implementation and walk-throughs. 1.4. Support Periods are renewable unless tenninated as provided in Section 4 below. The Maintenance Services consists of software and documentation updates and access to technical support via telephone, email, web-based (www.MyCityworks.com) and after hours support as set forth in Section I of this addendum. 1.5. Authorized Callers. Licensee may designate a limited number of authorized callers up to three per Standard License & Maintenance Agreement Page 10 of 15 03116 fti. software product listed in Addendum 1. Licensee may replace Authorized Callers at any time by notifying Aztec:a Systems Support services. Authorized callers may be designated in this Addendum 2 or by email. Aiteca may limit the total number of authorized callers as may be reasonably necessary and may request an updated list of authorized callers. 1.6. Cityworks OaUne Support and Cuttomer Portal. Azteca has created a self-help support website center for Authorized Callers to submit technical issues, chat with technical specialists, track tedmic:al support incidents through the 'MyCityworks' portal, and view teclmical articles, updated product documentation, blogs, links to fonuns, and technology announcements. The support and care website can be found at http://www.mycityworks.com. 2. PROCEDURES FOR ACCESSING SUPPORT: 2.1. All problem categories from routine, non-critical and critical that occur during normal business hours shall procedurally occur as follows: 1) Licensee's system administration staff as first line of support. and then 2) Azteca Systems staff as the second line of support. Azteca Systems will make all reasonable efforts to ucknowledge all requests. for support during normal business hours within 4 hours. 2.2. Prior to calling Azteca Systems for support servic:cs, the Licensee will first attempt to isolate any problems that occur with the System. The Licensee will try to reduce the problem down to a specific software or system component If it is determined that the problem is The Cityworks Software component, Licensee will first try and resolve the problem without Azteca Systems' involvement. If Licensee cannot resolve the problem or isolate the problem, Licensee may contact Azteca Systems via telephone, chat, or self-service portal. In each case, Cityworlcs technical support will log the infonnation and provide, an answer to the question, a resolution to the problem, or submit a verified· bug to the development group. Any support request that is not quickly resolved will be assigned to a technical support representative. Phone calls and chat requests are accepted during normal business hours as outlined on the Contact Support page ofMyCityworks.com. Voicemails and requests submitted via the self-service portal outside of the posted business hours will be responded to on a first come, first served basis the next business day 2.3. For critical problems that occur outside of A2teca Systems' nonnal business hours (8 AM to S PM, Mountain Time) and cannot be isolatc:d and resolved by tbe Licensee, Azteca Systems will provide an after- hours phone number or pager number that will forward the call to the currently assigned Azteca Systems support representative. Azteca Systems will make all reasonable efforts to acknowledge and respond to the request for support for critical problems that occur outside ofnonnal business hours ~thin 4 hours of receipt of the call from a designated and authorized Licensee representative. Critical problems are defined as problems that cause several users to be unable to perform their duties. For routine and non-aitical problems Licensee wlll submit support requests during nonnal business hours as outline in 2.2 above. 2.4. After a Technical Support Incident is logged. Azteca Systems will use commercially reasonable efforts to provide corrections to a technical issue or provide a work around. While it is Azteca's goal to provide an acceptable solution to technical issues, Azteca cannot guarantee that all technical issues can be fixed or resolved. 2.S. Azteca will use all reasonable efforts to utilize remote support-typuervices. However, in the event Licensee and Azteca Systems agree lt becomes necessary for Azteca Systems to be on-site to provide support for the Covered Software, the parties by mutual negotiation, shall develop a separate agreement that will govern the terms and conditions for any on-site work or services. 3. CHABGESIFEES 3.1. For services hereunder, Licensee shal' pay Azteca Systems annui.l Maintenance Fees as set forth in paragraph 7.3 below. The annual fee for each twelve (12) month period is set forth in paragraph 7 .3, and shall be paid prior to the start for each Maintenance Perio~ tmless otherwise specified. The annual fee for successive Maintenance Periods (twelve-month periods) commencing upon the anniversary of the first maintenance period, shall become due prior to the end of the preceding paid-up Maintenance Period. Standard License & Maintenance Agreement Page 11 of 15 03/J6H. .. 3.2. Upon sixty (60) days written notice, the fee for Maintenance Periods listed in section 7.3 subsequent to year thJee (3) of the Maintenance Period, may be adjusted by Azteca Systems to reflect increases in costs of providing the services; provided, however, thatthc fee shall not increase by more than the CPI, or 3% whichever is less, from the previous annual fee. Azteca Systems will notify Licensee of the new pricing no later than 90 days prior to the annual renewal date of the year preceding the year for which such adjusted pricing applies. 3.3. In addition to charges due under this Support Agreement, Licensee shall pay amounts equal to any sales tax, duties, or~ consumption taxes, however designated, which are levied or based·upon such charges. or upon this Maintenance Agreement Azteca Systems aclmowledges that Licensee is not subject to certain taxes and that Licensee does not agree to pay any amount for taxes for which Licensee does not have an obligation to pay independent of the terms of this Agreement 3.4. Maintenance Explratioo. Azteca Systems will send Licensee a notice of expiration approximately sixty (60) days before the Maintenance term expires. If Azteca Systems does not receive a purchase order prior to the expiration date, Azteca will send the notification to Licensee upon expiration of the Maintenance tenn. Azteca Systems will continue ·to provide technical support for an additiooill thirty (30) days, but Licensee will no longer receive Software updates released after the Maintenance tenn's expiration. If Licensee does not reinstate Maintenance within thirty (30) days of the expiration date, Licensee will no longer receive technical support. All other Mamtenance benefits and Support services will end with the expiration of the Maintenance term. 3.S. Reinstatement Fee for Lapsed Maintenance. Azteca Systems will reinstate Maintenance if Licensee sends a purchase order or payment within thirty (30) days of the expiration date. If Licensee does not renew Maintenance within thirty (30} days of the expiration date but at a later date wants to reinstate Maintenance, Maintenance fees will include the Maintenance fees that Licensee would bave paid since the expiration date. 4. TERM AND TERMINATION: 4.1. The initial term of this Maintenance and Support Agreement wm begin upon the effective date set forth in section 7.2 below, and continue for twelve (12) consecutive months at the rate offee(s) as noted in section 7.3 below. Thereafter, Licensee may continue maintenance as set forth in the table below and beyond at the then--current amount 4.2. Termination for convenience: Either party may terminate this maintenance agreement by giving the other party thirty (30) days' notice prior to the end of the cunent maintenance period. 4.3. In the event that either funding from Licensee or other sources is withdrawn, reduced, or limited, or the authority of Licensee to perform any of its duties is withdrawn, reduced, or limited in any way after the Effective Date of this Agreement and prior to normal Completion, the parties shall have the authority to exercise the Termination for Convenience option to terminate this Agreement, in whole or in part; If a party to this Agreement chooses to terminate for convenience that party may do so "by thirty (30} days' written notice to the other party, or as soon as reasonably possible. 4.4. If this Agreement is terminated for convenience, the Licensee is only liable for payment required by the tenns of this Agreement for services rendered or software received and· accepted prior to the Effective Date of termination. S. WARRANTY, DISCLAIMER REMEDY, AND LIMITATION OF LIABILITY S.l. ·Azteca Systems warrants that all. technical support provided pursuant to this Maintenance Agreement shall be perfonned in a professional and workmanlike manner. Azteca Systems will use commercially reasonable efforts to provide corrections to a technical issue or provide a workaround, b~ Azteca Systems Standard License & Maintenance Agreement Page 12 oflS 03116.d. cannot guarantee tbat all techn~l issues can be fixed or resolved. 5.2. With respect to the services provided hereunder and to the extent permitted by applicable law, this warranty is in lieu of all other warranties, whether written or oral. express or implied, including without limiting the generality of the foregoing, any wmanty ofnon-inflingement, merchantability or fitness for a particular ~se. · 5.3. EXCEPT FOR TIIE ABOVE EXPRESS LIMITED WARRANTY, AZTECA SYSTEMS DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NON-INFRINGEMENT. AZTECA SYSTEMS DOES NOT WARRANT AND DISCLAIMS THAT MAINTENANCE OR ANY SERVICES PROVIDED HEREUNDER WILL MEET LICENSEE'S NEEDS' TIIAT LICENSEE'S OPERATION WILL BE UNINTERRUPTED, ERROR FREE, FAULT TOLERANT, OR FAILURE-SAFE; OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. 5.4. Remedy. If Azteca Systems fails to fulfill its obligations under this maintenance addendum, Licensee's sole and exclusive remedy is the right to terminate this maintenance agreement immediately for the affected and listed Products and receive a refund of the unused portion of maintenance fees paid under this maintenance agreement, prorated for the current maintenance period. 5.5. Limitation of Liability. IN NO EVENT SHALL AZTECA SYSTEMS BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITIJTE GOODS OR SERVICES, LOST PROFITS, LOST SALES OR BUSINESS EXPENDITIJRES; INVESTMENTS; COMMITMENTS IN CONNECTION WITH ANY BUSINESS; LOSS OF ANY GOODWILL; OR FOR ANY INDIRECT, SPECIAL INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO TillS STANDARD MAINTENANCE AGREEMENT OR USE OF QUALIFYING PRODUCTS, HOWEVER CAUSED, ON ANY Tim,ORY OF LIABILITY, AND WHETIIER'OR NOT AZfECA SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. 6. MISCELLANEOUS 6.1. Azteca Systems ·shall not be in default under this Agreement for its failure to perform or its delay in performing any obligation under this Maintenance Agreement (other than the reimbursement of fees as set forth in section 5.4 of the Maintenance agreement, during any period of time during which such delay is due to fire, flood, earthquake, stri~, labor trouble or other industrial disturbance, war (declared or undeclared), embargo, blockage, legal prohibition or governmental action, riot, insurrection, damage, destruction or any other cause beyond the control of Azteca Systems or any of its contractors preventing or delaying the performance of such obligation, provided that such obligation shall be performed immediately upon the termination of such cause preventing or delaying such performance; and provided further that the sole effect of any delay by Azteca Systems shall be a related delay in payment by the Licensee pursuant to the relevant schedule. 6.2. Notices: Until further written notice, all payments and notices relevant to tbis Agreement shall be sent to the following addresses: Azteca Systems: Licensee Azteca Systems, Inc. 11075 South State Street, Suite 24 Sandy, UT 84070 The address set forth in section 7.1 below. 6;3. Applicable Laws: This maintenance agreement is governed by and construed in accordance with the laws of the state identified in the License Agreement without reference to conflict-of-laws principles except·tbat Standard License & Maintenance.Agreemenl Page 13 oflS 03/16 fll. US federal law shall govern in matters of intellectual property. 6.4. Data Confidentiality Statement: Azteca Systems will take reasonable measures to ensure that any Licensee data and/or confidential information provided to Azteca Systems is not inappropriately accessed or distributed to any third-party. Data provided to Azteca Systems by the Licensee may be loaded onto Azteca Systems servers or employee computers for the purpose of testing The Software Cityworks, database structure, or database values, and related Esri® software to resolve database or software performance issues, software enhancements and software defects. At no time will the data be distributed to individuals or organizations who are not Azteca Systems employees without first receiving written approval from Licensee. If requested by the Licensee, and once the testing has been completed, Azteca Systems will delete all data provided by the Licensee. 6.5. No Implied Waivers: No failure or delay by Azteca Systems or Licensee in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by Azteca Systems 7. IDENTIFICATION AND AMOUNTS 7 .1. Licensee Information Licensee Name: Pinellas Coun~ Business Technolo~ Services License Contact: Business Technolo~ Services, Ma!X Buccil[ossi Number and Street 400 S. Ft. Harrison Ave. City /State/Zip/Country Clearwater, Florida 33756, USA Phone 727.464.3395 Email mQbucc igross i 'a>Qi nellascounty .org 7.2. Delivery Date/Effective Date MMIDDIYYYY (}7/rJl/2116 7 .3. Schedule of payments and Fees under Maintenance Agreement S.pport Date Amo•at Period Froafl'o (am/dd/yy) Year I 07/0112016-06130/20 t 7 s 180,000.00 Year2 07101/2017-06130/2018 $200,000.00 Year3 07/0 t /2018-06130/2019 $220,000.00 Year4 07/01/2019-06130/2020 $220,000.00 '-Year 5 07/0 t /2020-06130/202 t S22(!,()Q().()() -- 7 .4. !Additional) Standard License & Maintenance Agreement Page 14 of 15 03116ed ADDENDUM3 THIRD PARTY CONSULTANT/CONTRACTOR ACKNOWLEDGMENT If Licensee engages any third party contractor and desires to grant access to or permission to use the licensed software, the access may be granted subject to the following terms conditions and provisions: I. Access and use of the Licensed Software by any third party is solely for Licensee's benefit; 2. The third party contractor (or, if applicable, its employee) shall be considered, as applicable, the Authorized User for purposes of the applicable license type, and all use by such contractor shall be in accordance with the terms and conditions of the Master License Agreement; 3. Before accessing the Licensed Software, the contractor agrees in writing that (a) the software shall be used solely in accordance with the terms of this Agreement and solely for Licensee's benefit and (b) the contractor shall be liable to Azteca Systems for any breach by it of this Agreement; 4. Licensee hereby agrees and acknowledges that Licensee will be liable for any and all actions or omissions of the contractor with respect to the use of the Licensed Software, as if such actions or omissions were the Licensee's; However, this provision does not preclude Licensee from seeking additional rights and obligations from the Third Party Contractor. S. Upon expiration or termination of this License Agreement. the rights of usage to any third party contractor shall immediately terminate; 6. Use of the Software by such third party contractors on Licensee's behalf will be governed by the terms of this Agreement. and will require that Licensee purchase the appropriate license for each user utilized by such third parties; 7. Any breach of this Agreement by any third party consultant(s)lcontractor(s) will be deemed to be a breach by Licensee; 8. Licensee will ensure that Contractor agrees to comply with and does comply with the terms of this Agreement on the same basis as the terms apply to Licensee; and 9. Any third party contractor must sign a copy of this Addendum acknowledging that it has a copy of the license agreement and agrees to the terms herein, further Licensee shall provide a signed copy of this addendum for every third party contractor to which it has granted pennission to access and/or use the licensed software; The rights granted under Third-Party Addendum, do not modify the license or increase the number of licenses granted under this Agreement. Third-Party acknowledges acceptance by signing below, and providing a copy to Azteca Systems at contracts@cityworks.com. Third Party Contractor Name (Print) By: ______________________ _ Authorized Signature Date: ------------------- Standard License & Maintenance Agreement Page 15 of 15 OJ/16ed. Barry Burton County Administrator SECOND AMENDMENT This Amendment made and entered into this day of _ ___ � 2021, by and between Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as "County," and Azteca System, LLC hereinafter referred to as "Contractor," (individually referred to as "Party'', collectively "Parties"). WITNESSETH: WHEREAS, the County and the Contractor entered into an agreement on June 21, 2016, pursuant to Pinellas County Contract No. 156-0399-A (hereinafter "Agreement'') pursuant to which the Contractor agreed to provide Cityworks Software Licenses, Maintenance & Support for County; and WHEREAS, the Parties are willing to amend the Agreement on the terms and conditions set forth below.; and WHEREAS, the County and the Contractor now wish to modify the Agreement in order to provide for a five (5) year term extension to the Agreement as expressed in Exhibit A commencing on July 1, 2021 through June 30, 2026. NOW THEREFORE, the Parties agree that the Agreement is amended as follows: 1. The term of the Agreement is extended as provided on Exhibit A, attached hereto, and incorporated herein by reference, commencing on July 1, 2021 through June 30, 2026. 2.Except as changed or modified herein, all provisions and conditions of the original Agreement and any amendments thereto shall remain in full force and effect. Rev02-2018 PINELLAS COUNTY PURCHASE AMENDMENT Page 1 of2 Brian L Haslam President -CEO Contact Information Contact Name: Customer: Azteca Systems, LLC -Cityworks 11075 S State St, Suite 24 I Sandy, UT 84070 801-523-2751 I Fax# 801-523-3734 Steven C. Boswell Pinellas County (FL) Prepared By Name: Prepared By Phone: Contact Address: 14 S. Harrison Ave. Quote Lines Product Name Clearwater, FL 33756 ELA -SERVER AMS PREMIUM Notes Year 1 Dollar Value USD 226,600.00 Year 2 Dollar Value USD 226,600.00 Year 3 Dollar Value USD 226,600.00 Year 4 Dollar Value USD 233,398.00 Year 5 Dollar Value USD 240,400.00 Quote Notes: Year 1 Date Range Year 2 Date Range Year 3 Date Range Year 4 Date Range Year 5 Date Range Quote Number Created Date Expiration Date Q-12608-1 3/17/2021 6/16/2021 Dave Bramwell (801) 523-2751 Quantity/ Net Unit Price Population 1.00 USD 226,600.00 TOTAL: USD 226,600.00 07/01/2021 -06/30/2022* 07/01/2022 -06/30/2023* 07/01/2023 -06/30/2024* 07/01/2024 -06/30/2025* 07/01/2025 -06/30/2026* Server AMS Premium Enterprise License Agreement (ELA), Includes Unlimited Quantities of the Identified Products: Office Respond Mobile Native Apps (for iOS/Android) --Includes the following Add-ons: Storeroom Equipment Checkout Contracts Cityworks for Excel Cityworks Analytics for AMS eURL (Enterprise URL) Operational Insights Workload Web Hooks CCTV Interface for PACP Pavement Management Performance Budgeting Local Government Templates (LGT) Use of Cityworks AMS Application Programming Interfaces (APls) with commercially available Cityworks-centric applications that are licensed and maintained by authorized Cityworks partners Use of Cityworks AMS Application Programming Interfaces (APls) with third party system integrations Annual fee herein is based on 950,001 -1,000,000 population range * Renewal increase included to reflect client request for a 5-year quote DocuSign Envelope ID: CDCA7895-25D1-4BA0-BF76-674216CCBE92 THIRD AMENDMENT This Amendment made and entered into this ___ day of ______ , 2023, (Effective Date) by and between Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as "County," and Azteca System, LLC hereinafter referred to as "Contractor," (individually referred to as "Party", collectively "Parties"). WITNESSETH WHEREAS, the County and the Contractor entered into an agreement on June 21, 2016, pursuant to Pinellas County Contract No. 156-0399-A (hereinafter "Agreement") pursuant to which the Contractor agreed to provide Cityworks Software Licenses, Maintenance & Support for County; and WHEREAS, the Parties are willing to amend the Agreement on the terms and conditions set forth below.; and WHEREAS, the County and the Contractor now wish to modify the Agreement in order to provide for Cityworks OpX (Projects, Contracts, and Pertormance Budget) application to the existing County's Enterprise Asset Management Solution (AMS) Premium ELA licensing, as expressed in Quote Q-33016-3, commencing on the Effective Date through June 30, 2026; at the same prices, terms, and conditions; Rev 11-2022 NOW THEREFORE, the Parties agree that the Agreement is amended as follows: 1. Cityworks OpX (Projects, Contracts, and Pertormance Budget) application is now added to the existing County's Enterprise Asset Management Solution (AMS) Premium ELA license, as expressed in Quote Q-33016-3, attached hereto, commencing on the Effective Date through June 30, 2026. 2. Except as changed or modified herein, all provisions and conditions of the original Agreement and any amendments thereto shall remain in full force and effect. PINELLAS COUNTY PURCHASE AMENDMENT Page 1 of 2 10th March DocuSign Envelope ID: CDCA7895-25D1-4BA0-BF76-674216CCBE92 Each Party to this Amendment represents and warrants that: (i) it has the full right and authority and has obtained all necessary approvals to enter into this Amendment; (ii) each person executing this Amendment on behalf of the Party is authorized to do so: (iii) this Amendment constitutes a valid and legally binding obligation of the Party, enforceable in accordance with its terms. IN WITNESS WHEREOF the Parties herein have executed this Third Amendment as of the day and year first written above. PINELLAS COUNTY, FLORIDA by and through its Division Director of Purchasing and Risk Management te, Division Director of Purchasing and Risk Management Rev 11-2022 PINELLAS COUNTY PURCHASE Authorized Signature George Mastakas Printed Authorized Signature Vice President Title Authorized Signature AMENDMENT Page 2 of 2 DocuSign Envelope ID: CDCA7895-2501-4�=6-674216CCBE92 Contact Information Contact Name: Customer: Azteca Systems, LLC -Cltyworks 1 �5 '.: S. te St, Suite 24 ! Sandy, UT 34070 801-5 3-2751 I FaH 801-523-3734 Bryan Zumwalt Pinellas County (FL) Prepared By Name: Prepared By Phone: Contact Address: 14 S. Harrison Ave. Quote Lines Product Name OpX Projects OpX Contracts OpX Budgets Notes Year 1 Dollar Value Year 2 Dollar Value Notes: Clearwater, FL 33756 USO 0.00 USO 226.600.00 Year 1 Date Range Year 2 Date Range Quote adds OpX -Projects; OpX -Contracts; and OpX -Budgets to current licensing Updated License: Quote ... ...-!le· Crea,ed Dc:e Exp ration :>c·e Larry Solien J3C16-3 2. 6/2023 3/20/2023 (801) 523-2751 Quantity/ Population 1.00 1.00 1.00 TOTAL: Net Unit Price USD0.00 USD0.00 USD0.00 USD0.00 03/01/2023 -06/30/2023* 07/01/2023 -06/30/2024 Server AMS Premium Enterprise License Agreement (ELA), Includes Unlimited Quantities of the Identified Products: Office Respond Mobile Native Apps (for iOS/Android) --Includes the following Add-ons: Storeroom Equipment Checkout Contracts Cityworks for Excel Cityworks Analytics for AMS eURL (Enterprise URL) Operational Insights Workload Web Hooks OpX Projects OpX Contracts OpX Budget CCTV Interface for PACP Pavement Management DocuSign Envelope ID: CDCA7895-25D1-4BA0-BF76-674216CCBE92 Performance Budgeting Local Government Templates (LGT) Use of Cityworks AMS Application Programming Interfaces (APls) with commercially available Cityworks-centric applications that are licensed and maintained by authorized Cityworks partners Use of Cityworks AMS Application Programming Interfaces (APls) with third party system integrations Annual fee herein is based on 950,001 -1,000,000 population range *Products are included in Cityworks Premium AMS ELA and added at no additional cost. Current Renewal Amount of $226,600 for the period 7/1/2022 -6/30/2023 has previously been paid. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1189 Agenda Date: 11/2/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 6.5 SUBJECT/RECOMMENDATION: Approve a contract with Black and Veatch of Overland Park, KS for project management and software implementation services in support of a computerized maintenance management system (CMMS) for Public Utilities and on-going configuration maintenance and support for a three-year term, beginning November 1, 2023 through October 31, 2026, in the not to exceed amount of $1,987,209.00 pursuant to RFP 36-23 and authorize the appropriate officials to execute same. (consent) SUMMARY: The City is migrating to a new enterprise asset management (EAM) platform (Cityworks) to provide CMMS solutions for City operations. Departments planned for use of the EAM are Public Utilities, Public Works, Gas, Parks & Recreation and General Services. EAM is a documented, systematic approach to managing physical infrastructure to maximize its service life and anticipate resource needs for operation and eventual replacement. On April 19, 2023, Procurement issued Request for Proposal (RFP) 36-23, Asset Management System, and on May 18, 2023, three proposals were received. A team of city staff representing Information Technology, Public Utilities and Public Works reviewed each of the submittals and selected Black & Veatch. This phase of the project (Public Utilities) includes the addition of CMMS for the water distribution, wastewater collection, water treatment, water production (wells and RO plants) and wastewater treatment. The agreement also includes professional services for asset inventories at the six plants (three water production and three wastewater treatment) and some conditional assessments of lateral infrastructure. The project timeline is anticipated to be 18 months for implementation of Public Utilities operations and an approximate additional 24 months for the remaining four departments. Future phases of implementation may utilize professional services from other providers. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in the Public Utilities CIP budget in the current support year, FY23-24, for implementation services and software. Funds for software subscription, FY24-25 and FY25-26, will also be included and charged back to user department in the respective Information Technology Admin Services budgets. STRATEGIC PRIORITY: This purchase will facilitate the enterprise asset management project and support all the objectives of a High-Performance Government, as well as waste reduction (Environmental Stewardship) and collaborative engagement and inclusive decision making (Superior Customer Service). Page 1 City of Clearwater Printed on 10/31/2023 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 07.2021 REQUEST FOR PROPOSALS #36-23 Asset Management System April 19, 2023 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, May 18, 2023 to provide an Asset Management System. Brief Description: The City of Clearwater is seeking qualified vendors to work with Information Technology (I.T.) staff and multiple service department stakeholders to implement Cityworks as a new Computerized Maintenance Management System (CMMS). The City is moving to this CMMS solution for managing its utilities, public works, recreational and facilities management needs initially beginning with Public Utilities. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: Eryn Berg, CPPB Sr. Procurement Analyst Eryn.Berg@myclearwater.com This Request for Proposals is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel@myclearwater.com INSTRUCTIONS Asset Management System 2 RFP #36-23 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No Date and Time: n/a Location: n/a If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: May 18, 2023 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes $ 0.00 No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to INSTRUCTIONS Asset Management System 3 RFP #36-23 the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: It is recommended that proposals are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp Proposers may mail or hand-deliver proposals to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than (seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for INSTRUCTIONS Asset Management System 4 RFP #36-23 opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does INSTRUCTIONS Asset Management System 5 RFP #36-23 not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Asset Management System 6 RFP #36-23 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Demonstrated Experience of the Firm and Project Personnel (Tab 2) 20 References (Tab 3) 20 Project Plan/ Approach and Timeline (Tab 4) 20 Long-term Support and Maintenance (Tab 5) 20 Cost of Services (Tab 6) 20 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.25 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City’s discretion. The location for these presentations and/or interviews will be determined by the City and may be held virtually. i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not INSTRUCTIONS – EVALUATION Asset Management System 7 RFP #36-23 expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: 4/19/2023 Advertise Tampa Bay Times: 4/19/2023 Responses due: 5/18/2023 Review proposals: 5/19/2023 – 5/31/2023 Presentations (if requested): Week of June 5, 2023 Award recommendation: Week of June 5, 2023 Council authorization: June 2023 Contract begins: June 2023 STANDARD TERMS AND CONDITIONS Asset Management System 8 RFP #36-23 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, supplier, proposer, company, persons”, “purchase order, PO, contract, agreement”, “City, Clearwater”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, executive orders, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Asset Management System 9 RFP #36-23 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS Asset Management System 10 RFP #36-23 S.13 PUBLIC RECORDS. In addition to all other contract requirements as provided by law, the Contractor executing this Agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, Phone: 727-562-4092 or Email: Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The Contractor agrees to comply with the following: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency” in this section) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and STANDARD TERMS AND CONDITIONS Asset Management System 11 RFP #36-23 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A Contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred or suspended in accordance with the Clearwater Code of Ordinances Section 2.565 or if Contractor is debarred or suspended by another governmental entity. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written STANDARD TERMS AND CONDITIONS Asset Management System 12 RFP #36-23 assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement at its convenience, in part or in whole, upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST. The City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines, in its sole discretion, that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this Agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. STANDARD TERMS AND CONDITIONS Asset Management System 13 RFP #36-23 a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. d. Nothing contained herein in intended to serve as a waiver by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as consent by the City to be sued by third parties. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like, and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.32 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. STANDARD TERMS AND CONDITIONS Asset Management System 14 RFP #36-23 S.33 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.34 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble, or hindrance from Contractor or third parties. S.35 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret, or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. Nothing contained herein in intended to serve as a waiver by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as consent by the City to be sued by third parties. S.36 CONTRACT ADMINISTRATION. This Agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding this Agreement will be referred to the administrator for resolution. Supplements may be written to this Agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.37 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.38 COOPERATIVE USE OF CONTRACT. This Agreement may be extended for use by other municipalities, counties, school districts, and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.39 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.40 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or STANDARD TERMS AND CONDITIONS Asset Management System 15 RFP #36-23 registered mail, postage prepaid; (iii) sent via electronic mail; (iv) sent via overnight courier; or (v) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via electronic mail, overnight courier, or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.41 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.42 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.43 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.44 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.45 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Asset Management System 16 RFP #36-23 1. INTRODUCTION. The City of Clearwater (City) is a coastal community on the West Coast of Florida and the third largest city in the Tampa Bay region with an estimated 119,208 residents. Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas County annually and was selected as the “Number One Beach in America” in the 2018 and 2019 TripAdvisor Travelers’ Choice Awards and regularly ranks as a top vacation destination in both domestic and international publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts miles of pristine “sugar sand” beaches, provides a wide variety of casual and fine dining options, and is home to Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for its groundbreaking work in marine rescue, rehabilitation, and release. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment, and community. 2. SCOPE OF WORK. The City of Clearwater is seeking qualified vendors to work with Information Technology (I.T.) staff and multiple service department stakeholders to implement Cityworks as a new Computerized Maintenance Management System (CMMS). The City is moving to this CMMS solution for managing its utilities, public works, recreational and facilities management needs starting with Public Utilities. Vendors must demonstrate expertise in gathering information, designing, implementing, and supporting the identified solution platform while maintaining the highest security and resiliency requirements possible. Implementors will perform process discovery and workflow documentation within varied service and maintenance operating environments. Facilitation of work group conversation and alternative analysis will be required as it relates to system design, best practice protocols, work process efficiency and maintenance of data quality. 3. CURRENT ENVIRONMENT. a. Organizational Overview: i. A diverse and dynamic full-service organization serving 119,208 residents, approximately 55,000 utility customers, and over one (1) million regional visitors annually ii. Approximately 1850 total employees iii. Utilities operation includes water distribution, reverse-osmosis (RO) water treatment plants, wastewater collection, wastewater treatment, reclaimed water distribution iv. The utilities operation maintains 1185 miles of collections and distribution lines, 3 individual wastewater treatment facilities, 3 water treatment plants (2 of which are Reverse Osmosis plants), 44 water production wells, 78 lift stations and force mains, 3 reclaimed water booster stations, all supported by approximately 200 employees. b. Infrastructure Overview: i. Reference Exhibit A - System Description for CMMS_Asset Management. 4. TECHNICAL SPECIFICATIONS, ARCHITECTURE AND SERVICE REQUIREMENTS. a. Vendor must facilitate structured discovery process for the identification of functional business requirements, processes, asset hierarchies and design alternatives for both the general environment and operationally specific process criteria. b. Vendor must provide a clear description of proposed solution design and architecture options explaining the following information: i. Asset Hierarchies (options) ii. System Analytics Tools and Reporting DETAILED SPECIFICATIONS Asset Management System 17 RFP #36-23 iii. Data Requirements, Data Collection and Quality Control Processes iv. Work request assignment, tracking and close-out v. Data sharing and integration (API) options vi. Summary of reporting methods, dashboards and public facing information portals c. Vendor must provide thorough documentation of implemented design functions and features, including training documentation. d. Vendor must be able to facilitate discussion of field user interface options, application design options, data collection and QC workflows, creation of new work orders, GIS viewing and edit submittals, 5. PROJECT IMPLEMENTATION. Vendor must provide a clear strategy and process for the following: a. Project Methodology and Implementation Process b. Scope, Limitation, Dependencies and Assumptions c. Change Management Procedure and User Adoption d. Quality Assurance and Testing Strategy e. Asset Inventory Process f. User Communication and Change Management Plan g. Estimated Project Timeline h. Issue Documentation and Escalation Procedure i. Training Strategy and Documentation by User Role j. Work Order Workflows and Escalation Plans k. Asset Life Cycle Management Protocols l. Functional Integration with Existing Software Services 6. MINIMUM QUALIFICATIONS. Vendors responding to this RFP shall be Platinum or Gold Implementation partners with Cityworks and have a minimum of seven (7) years’ experience installing and configuring asset management systems. A minimum of three (3) references demonstrating implementations of Cityworks for other municipalities is required under Response Elements, Tab 3, References.   7. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the DETAILED SPECIFICATIONS Asset Management System 18 RFP #36-23 prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Cyber Liability coverage in an adequate amount to meet or exceed the requirements, including notification and monitoring, under Florida Statute 501.171. e. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFP #36-23 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Asset Management System 19 RFP #36-23 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. June 2023 – June 2024 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. PRICES. All pricing shall be firm for the term of the contract. RESPONSE ELEMENTS Asset Management System 20 RFP #36-23 1. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, five (5) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: If submitting proposals electronically, copies are not required. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non-responsive to this RFP. Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The proposer’s understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. TAB 2 – Demonstrated Experience of the Firm and Project Personnel. The following information should be included: 1. A statement of qualifications, abilities, experience and expertise in providing the requested services. a. Company background including history of company, quality and range of experience and services outlined, organizational structure, and product strategy.  b. A description of what qualifies your company, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. c. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the vendor’s inability to meet some of the requirements of the specifications. d. Identification of senior and technical staff to be assigned to the City. Staff named in the proposal may not be substituted without permission of the City. Resumes, including relevant experience may be included. TAB 3 – References. A minimum of three (3) references demonstrating implementation of Cityworks for other municipalities is required. Include the name of entity, description of services provided, contact person’s name, phone number, e-mail address, mailing address, type of service provided, and dates the services were provided. TAB 4 – Project Plan / Approach and Timeline. The following information should be included: a. A written description of your intended project approach to design, implement and install a Computerized Maintenance Management System (CMMS).  This shall specifically address all items in 5. Project Implementation, above. b. Include a proposed schedule indicating when components of the process will be completed.  TAB 5 - Long-Term Support and Maintenance. The following information should be included: a. Warranty Information, if applicable b. A detailed description of support and maintenance services. TAB 6 - Cost of Services. The cost portion of the proposal should include the following elements: a. Total cost to design, implement and install a customizable CMMS to include training.  RESPONSE ELEMENTS Asset Management System 21 RFP #36-23 b. Support and maintenance for initial five (5) years following installation and implementation.  TAB 7 - Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Vendor Certification of Proposal form 4. Scrutinized Companies form(s) as required 5. E-Verify Eligibility form 6. Proof of Platinum or Gold Implementation status with Cityworks 7. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Asset Management System 22 RFP #36-23 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Asset Management System 23 RFP #36-23 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. VENDOR CERTIFICATION OF PROPOSAL Asset Management System 24 RFP #36-23 By signing and submitting this Bid/Proposal/Qualification/Response, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other vendors or potential vendors or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the commodities or services covered by this contract. The Vendor has not influenced or attempted to influence any City employee, officer, elected official, or consultant in connection with the award of this contract. f) It understands the City may copy all parts of this response, including without limitation any documents or materials copyrighted by the Vendor, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. Chapter 119) or other applicable law, subpoena, or other judicial process; provided that the City agrees not to change or delete any copyright or proprietary notices. g) It hereby warrants to the City that the Vendor and its subcontractors will comply with, and are contractually obligated to comply with, all federal, state, and local laws, rules, regulations, and executive orders. h) It certifies that Vendor is not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this matter from any federal, state, or local agency. i) It will provide the commodities or services specified in compliance with all federal, state, and local laws, rules, regulations, and executive orders if awarded by the City. j) It is current in all obligations due to the City. k) It will accept all terms and conditions as set forth in this solicitation if awarded by the City. l) The signatory is an officer or duly authorized representative of the Vendor with full power and authority to submit binding offers and enter into contracts for the commodities or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: SCRUTINIZED COMPANIES FORMS Asset Management System 25 RFP #36-23 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORMS Asset Management System 26 RFP #36-23 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. ______________________________________ Authorized Signature ______________________________________ Printed Name ______________________________________ Title ______________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Asset Management System 27 RFP #36-23 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Asset Management System 28 RFP #36-23 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP # 36-23, Asset Management System Due Date: May 18, 2023, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP # 36-23, Asset Management System Due Date: May 18, 2023, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ 1) Black & Veatch Corporation 2) Ritter GIS, Inc. 1715 N. Westshore Blvd., Suite 725 143 CadyCentre # 115 Tampa, FL 33607 Northville, MI 48167 813.207.7910 248.914.6035 3) Woolpert, Inc. 4454 Idea Center Blvd. Dayton, OH 45430 937.461.5660 ADVERTISED: TAMPA BAY TIMES 4/19/2023 POSTED:myclearwater.com 4/19/2023 - 5/18/2023 Due/Opening: May 18, 2023; 10:00 a.m. REQUEST FOR PROPOSAL No. 36-23 Asset Management System Solicitation Response Listing FOR THE CITY OF CLEARWATER City of Clearwater May 18, 2023 | RFP #36-23 Asset Management System Table of Contents TAB 1 – LETTER OF TRANSMITTAL ...........................................................................................4 TAB 2 – DEMONSTRATED EXPERIENCE OF THE FIRM AND PROJECT PERSONNEL ...................7 Project Understanding and Objectives...........................................................................................................................8 Cityworks Systems Qualifications and Technical Expertise .........................................................................................9 Team Introduction .........................................................................................................................................................10 Organizational Chart .....................................................................................................................................................10 Team Bios ......................................................................................................................................................................11 TAB 3 – REFERENCES ..............................................................................................................22 TAB 4 – PROJECT PLAN/APPROACH AND TIMELINE ...............................................................28 Overview ........................................................................................................................................................................28 Work Plan .......................................................................................................................................................................29 Project Quality Assurance ...........................................................................................................................................44 Project Schedule ...........................................................................................................................................................45 TAB 5 – LONG-TERM SUPPORT AND MAINTENANCE ..............................................................47 Five-Year Ongoing Support ...........................................................................................................................................47 TAB 6 – COST OF SERVICES ....................................................................................................51 TAB 7 – OTHER FORMS ............................................................................................................53 1 Letter of Transmittal CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 04 May 18, 2023 City of Clearwater Procurement Division 100 S Myrtle Ave, 3rd Floor Clearwater, FL 33756-5520 Submitted via Online Bidding Website RE: RFP #36-23 Asset Management System Dear Selection Committee: We recognize the criticality of this project and are eager to continue to assist the City in achieving long-term success through a more reliable and consistent work order system and better data management. Through our previous work with the City’s Public Utilities Department and as a Gold Level Cityworks implementation partner, we have repeatedly demonstrated our ability to exceed customer expectations. We will continue to provide excellent support to the City within and beyond Public Utilities to include the Information Technology staff, Public Works, Recreational, and Facilities Management Departments. We are committed to performing the services requested within the time period agreed to with the City. By selecting Black & Veatch for this project, the City will receive the following benefits: ƒAn Asset Management System that meets all of the City’s Goals and Objectives. Black & Veatch understands the assignment and will ensure the system supports the City of Clearwater’s Strategic Plan, Vision and Mission. We will provide effective collaboration to make sure all stakeholder needs are met in a cost-efficient manner. Finally, we will maintain the highest security and resilience standards to protect the City’s investment and business operations. ƒWe will provide the highest quality deliverables with creative solutions through working with all of the varied services and maintenance operating environments within the City. For example, Black & Veatch designed and developed a custom solution called Plantworks, endorsed by Cityworks, for managing vertical assets (e.g., non-spatial plant or facility assets) within a GIS- centric Cityworks environment. This would be an optimal application to be exercised for the City. ƒA proven and methodical IT focused approach to meet the needs of all stakeholders. Black & Veatch’s work execution plan follows a hybrid-agile approach: The first two phases (Define and Discover) follow the traditional sequential waterfall execution plan, the third phase (Develop) includes a series of agile sprints occurring simultaneously, then the last two phases (Deploy and Support) once again follow the sequential waterfall approach. This approach has been proven time and again with numerous Cityworks implementations across the Country. ƒResponsive, personalized service from our local Asset Management team. Our local team of more than 100 professionals includes Black & Veatch’s core Asset Management Team consisting of more than seven local asset management and data intelligence professionals, including our Project Manager, Nick Alexandrou. Having local asset management resources will enable us to be responsive and efficiently support in person meetings and site visits, both during implementation and long term support. BLACK & VEATCH CORPORATION 1715 N. Westshore Blvd, Suite 725 Tampa, FL 33607 p 813-207-7956 | e AlexandrouNA@bv.com CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 05 ƒA proactive partner providing you with quality work. Black & Veatch and many members of this implementation team have been supporting the City for several years; first through the America’s Water Infrastructure Act (AWIA) where we assessed all hazards to the Public Utilities water system, including cybersecurity; then through the Water Reclamation facilities (WRF) Master Plan where we’ve been building a data inventory and hierarchy for the Northeast WRF. We’ve worked with the IT department through the SCADA Master Plan and we have a staff member embedded with the Engineering Department as an extension of staff. We’ve been studying the way the City operates and can quickly get up and running on the Asset Management System implementation. We bring local knowledge and confidence in knowing your processes, procedures, preferences, and decision-making processes and will ensure your project is delivered on time and budget. As we have done in the past, we will walk alongside you as your partner, making sure you understand the information to make the best decisions for the City. On behalf of our team, we commit to providing you a quality Asset Management system that enhances the value of your facilities and efficiency of your operations. We will deliver this project in a collaborative manner to achieve your goals and all the benefits mentioned above and throughout this Statement of Qualifications. We appreciate your consideration of Black & Veatch for this important project. We look forward to the opportunity to work with you. Should you have any questions as you review this qualifications package, please do not hesitate to contact me at AlexandrouNA@bv.com or 813-207-7956. Very truly yours, Black & Veatch Corporation Nick Alexandrou Rebecca Oliva Amanda Schwerman Project Manager Project Controls and Administration Project Director Main Contact Main Contact Main Contact 2 Demonstrated Experience of the Firm and Project Personnel CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 07 22 Demonstrated Experience of the Firm and Project Personnel Dedication to Our Clients Combined with a Strong Local Presence Black & Veatch Corporation (Black & Veatch) has industry-leading technical experts backed by optimal resources to support this project. Founded in 1915, our employee-owned company has over 8,000 professionals working in more than 100 offices worldwide with projects in 70 countries on six continents. Even as a large firm with worldwide resources, we will take a personal approach through our local team of more than 100 professionals who provide project leadership and diverse capabilities to support this effort. Black & Veatch is a 100% employee-owned corporation that posted revenues of more than $4 billion in 2022. Black & Veatch also brings stability, having been in business for over 100 years. The company has amply financial strength and stability to support our work under this contract. Our local office has a strong reputation for delivering comprehensive services including asset management, master planning, design, construction administration, operations support, and more. Black & Veatch’s Florida Planning and Asset Management group has partnered with over 40 Florida water utilities as represented by the map to the right. We bring ideas and lessons learned from across the state and the country to efficiently accomplish the City’s goals. The City will receive personalized service and a seamless Cityworks implementation from our local team, backed by Black & Veatch’s comprehensive capabilities and worldwide expertise. Black & Veatch has worked in the water infrastructure business 100+YEARS 70+Years Serving FLORIDA 35+Years Serving TAMPA BAY AREA 9.8k+TOTAL Professionals 500+FLORIDA Professionals 100+LOCAL Professionals CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 08 DEMONSTRATED ExPERIENCE OF THE FIRM AND PROjECT PERSONNEL PROJECT UNDERSTANDING AND OBJECTIVES Black & Veatch understands and admires the long history of excellence within the City of Clearwater from being one of the top tourist destinations in the Country to being a beacon for environmental protection with the Clearwater Marine Aquarium. Black & Veatch would be honored to support the City to ensure a sustainable city through green measures focusing on your economy, environment and community. ü Ensure Asset Management System supports the City of Clearwater’s Strategic Plan, Vision and Mission. Using the Black & Veatch approach, we can ensure the Asset Management System supports the five City departments included in the RFP with achieving a “High Performing Government,” being an example of “Environmental Stewardship,” and accomplishing “Superior Public Service.” ü Effective collaboration to make sure needs are met for all stakeholders in a cost-efficient manner. The Information Technology (IT) department and staff are spearheading this project; however, the day-to-day users of the Asset Management System will be staff in the Utilities, Public Works, Recreational and Facilities Management Departments. IT staff have a responsibility to meet the needs of the departments and maximize the cost effectiveness of the project. Black & Veatch has experience with multi-department implementation and facilitation of work groups to ensure cost effective implementation. ü Provide the highest quality deliverables with creative solutions through working with all of the varied services and maintenance operating environments within the City. Black & Veatch has a strong history with the City’s Public Utilities and Engineering Departments, and we understand how to perform successful projects for that team / stakeholder. However, we know they are not the only stakeholders. Our implementation team has also completed implementations for parks and recreation, public works, DOT departments, fleet management, etc. We’re familiar with the types of software and operating environments used of all of the City’s stakeholders and will provide a solution to meet everyone’s needs. ü Maintain highest security and resilience requirements to protect the City’s investment and business operations. The Black & Veatch team understands the high risk of cybersecurity and the need for data resilience. Members of the team proposed for this project also executed the America’s Water Infrastructure Act (AWIA) project for the Public Utilities Department, which included collaboration with the IT Department. We understand how the City operates and how they want to protect the systems. Laurie Kusmaul was the cybersecurity lead for the AWIA project and has continued supporting the City through the SCADA Master Plan and WRF Master Plan. We will be good partners in protecting data and not being an entry point to the City for bad actors. We will follow all cybersecurity protocols and ensure data is backed up and secure. The Black & Veatch team listened to our needs, communicated well with City staff and provided high quality work products allowing the City to make confident, well-informed decisions based on their recommendations, training and decision support tools.” -BRIAN PICKARD, PE CHIEF PLANNING ENGINEER CITY OF TAMPA WATER DEPARTMENT Black & Veatch is committed to implementing a high-quality Asset Management System that meets the needs of all stakeholders and advances the City’s Vision and Mission. CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 09 DEMONSTRATED ExPERIENCE OF THE FIRM AND PROjECT PERSONNEL Black & Veatch is a Gold-level Cityworks Implementation Business Partner, and our key implementation staff all have more than a decade of experience implementing Cityworks for utilities. We have an exceptional level of practical expertise developed from the successful completion of more than 50 CMMS/Cityworks implementations across the U.S. and across a wide range of project sizes and types, including water, wastewater, stormwater, transportation and roads, city facilities, fleet, harbors, solid waste, parks and recreation, sustainability, engineering services, materials management, and more. The following table demonstrates a few examples of our relevant and representative Enterprise Asset Management System (EAMS) implementation experience across the United States. CLIENT CITYWORKS IMPLEMENTATION City of Delray Beach; FL ü City of Hollywood, Utilities Department; FL ü Seacoast Utility Authority; FL 2 ü City of St. Augustine; FL ü City of Charlotte – Water, Transportation, Transit & Solid Waste Departments; NC ü Lancaster County Water & Sewer District; SC ü City of Greenville; SC ü City of Winston-Salem; NC ü City of Rock Hill; SC ü City of Alcoa; TN ü City of Memphis; TN ü jackson Energy Authority; TN ü San Diego County; CA ü Salt Lake City; UT ü City of Mesa, Signal Butte Water Treatment Plant; AZ 1 ü City of Topeka; KS 1, 3 ü City of Monroe; NC ü Fallbrook Public Utility District; CA ü CITYWORKS SYSTEMS QUALIFICATIONS AND TECHNICAL EXPERTISE 50+ Years of Experience with Cityworks | 10+ Cityworks Implementation/Support Projects in the Last 3 Years Gold Level Cityworks Implementation Business Partner | Gold Level Esri Business Partner KEY: 1 - Microwest | 2 - InforEAM | 3 - Infor Public Sector TABLE 1. Sample of Black & Veatch Cityworks Implementation Experience CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 10 DEMONSTRATED ExPERIENCE OF THE FIRM AND PROjECT PERSONNEL ORGANIZATIONAL CHART CITYWORKS IMPLEMENTATIONMatt Morey INTEGRATIONShelley Hill ESCALATION AND DESIGN PLANNINGScott Peters TRAININGJoe North IT/CYBERSECURITYLaurie Kusmaul CITY OFCLEARWATER PROJECT MANAGER Nick Alexandrou, GISP, IAM CITYWORKS IMPLEMENTATION GIS, DATA, AND ANALYTICS BUSINESS PROCESSES DATA QUALITY AND COLLECTIONRob Wachal, GISP ASSET INVENTORY AND HIERARCHY Matt Morey GISBrian Lendt, GISP, IAM DATA ANALYTICSJustin Mitchell REPORTING/DASHBOARDINGTim Collazuol, PE COMMUNICATION AND CHANGE MANAGEMENTKarin Kuhl BEST PRACTICE PROTOCOLSKatie Smith ASSET LIFECYCLE MANAGEMENTLaura Moreno, PE, IAMSimon Watson, CMRP WORK PROCESS REVIEW AND EFFICIENCYKatie SmithIvan Tamayo, PE, ENV SP, LEED* CLIENT SERVICES MANAGER Andy Westfall, PE, ENV SP QUALITY ASSURANCE Mark Seastead PROJECT DIRECTOR Amanda Schwerman, PE PROJECT CONTROLS AND ADMINISTRATION Rebecca Oliva, PE, BCEE,ENV SP, PMP TEAM INTRODUCTION Our team includes a combination of local leadership in Nick Alexandrou, Amanda Schwerman, Andy Westfall, and Rebecca Oliva, who bring long-term relationships and proven history of successful project delivery to the City of Clearwater. Our team is equipped with the national expertise of Quality Assurance Lead Mark Seastead and Cityworks Implementation Lead Matt Morey, who have proven experience implementing enterprise Cityworks solutions and are well-versed in GIS and Asset Management to best support the City’s goals. The Black & Veatch team can deliver complete Cityworks system implementation support — we bring hands-on implementation and end-user experience in numerous EAM solutions, including Cityworks. A deep understanding and application of these solutions allow us to provide the City with best industry practices for its Cityworks system needs. Below is the organizational chart that includes senior and technical staff. Biographies of our team and a chart of experience can be found on the pages that follow. *As other City commitments/availability allows CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 11 DEMONSTRATED ExPERIENCE OF THE FIRM AND PROjECT PERSONNEL EDUCATION ƒMS, Geographic Information Science YEARS EXPERIENCE11 PROFESSIONAL REGISTRATION ƒGISP Cert. #160706 ƒAsset Management Cert. #6127217, The Institute of Asset Management Nick is a local Asset Management Lead and GIS Professional with 11 years of experience in the Water Industry. His areas of expertise include CMMS implementation, Cityworks platform optimizations, ArcGIS enterprise deployments and administration, system integrations with financial billing, permitting, and sewer CCTV. He has also implemented organization-wide asset management programs and strategies and performed large-scale data analysis for phased capital expenditure replacement plans for aging infrastructure. Nick helps organizations benefit from the value a strong CMMS can provide. As Project Manager, Nick brings a unique combination of Cityworks technical expertise, large scale IT project management, and working knowledge of the City through the WRF Master Plan that makes him the best candidate for managing this effort. He will be the primary point of contact for the City, leading and coordinating the project team and managing the Work Plan to a successful outcome for the City. SIMILAR EXPERIENCE ƒCity of Clearwater, FL | WRF Master Plan ƒCity of Hollywood, FL | Cityworks Implementation ƒCity of Delray Beach, FL | Cityworks Implementation and GIS Strategic Planning Nick Alexandrou, GISP, IAM PROjECT MANAGER EDUCATION ƒMS, Env. Science and Engineering ƒBS, Engineering YEARS EXPERIENCE18 PROFESSIONAL REGISTRATION ƒPE - 2010, FL, #70751 Amanda has specific expertise in modeling, planning, and asset management of water and wastewater infrastructure. Amanda will use her expertise working with the City on the Water Reclamation Facilities Master Plan and America’s Water Infrastructure Act (AWIA) to help guide the team for a successful Asset Management System implementation. As Project Director on this project, she will support Nick to provide the City with proven solutions based on sound asset management practices. SIMILAR EXPERIENCE ƒCity of Clearwater, FL | WRF Master Plan; AWIA Risk and Resilience Assessment and Emergency Response Plan ƒCity of Delray Beach, FL | Cityworks Implementation and GIS Strategic Planning ƒPinellas County, FL | Asset Management Plan Program ƒPolk County, FL | Level of Service Benchmarking; Condition Assessment and Data Inventory; Dashboard Training; Compliance Dashboard; Horizontal Asset Risk Assessment Amanda Schwerman, PE PROjECT DIRECTOR TEAM BIOS CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 12 DEMONSTRATED ExPERIENCE OF THE FIRM AND PROjECT PERSONNEL EDUCATION ƒBS, Civil Eng. YEARS EXPERIENCE33 PROFESSIONAL REGISTRATION/CERTIFICATIONS ƒPE - 1994, Florida, 47693 ƒEnvision Andy’s 33 years of experience has been dedicated to managing and executing water, wastewater, and reclaimed water projects for municipal utility clients in Florida. His project experience includes engineering studies, master planning, preliminary and detailed design, permitting, bidding, and construction phase services for a wide range of water infrastructure projects. Andy has a strong focus on ensuring that our team delivers outstanding client service and responsiveness. SIMILAR EXPERIENCE ƒCity of Clearwater, FL | WRF Master Plan; AWIA Risk and Resilience Assessment and Emergency Response Plan ƒHillsborough County, FL | GIS Updates; Dashboarding and Boil Water Notice Andy Westfall, PE, ENV SP CLIENT SERVICES DIRECTOR EDUCATION ƒMS, Resource Planning ƒBS, Geology YEARS EXPERIENCE26 Having led both large enterprise and small departmental efforts, Mark provides 20 years of experience in leading IT program development and asset management that focuses on practical usage and measurable performance. He specializes in work and asset management program development, CMMS solution selection, business process mapping, systems implementation and refinement, systems integration, and end user training and support. SIMILAR EXPERIENCE ƒCity of Delray Beach, FL | Cityworks Implementation and GIS Strategic Planning ƒCity of Hollywood, FL | Cityworks Implementation Mark Seastead QUALITY ASSURANCE EDUCATION ƒME, Env. Eng. ƒBS, Env. Eng. ƒBA, Spanish YEARS EXPERIENCE16 PROFESSIONAL REGISTRATION/CERTIFICATIONS ƒPE - 2012, FL, 74778 ƒEnvision Rebecca is an experienced Project Management Professional whose knowledge of City policies and procedures ensures efficient, compliant project administration. Rebecca’s career experience includes water/wastewater system and facility planning, design, construction, permitting, project management, master planning, permitting, life cycle analyses, asset management, GIS, Power BI dashboards, and Envision sustainability/resiliency rating system services and award. SIMILAR EXPERIENCE ƒCity of Clearwater, FL | AWIA, WRF Master Plan, and UV Data projects ƒPM for various | St. Petersburg, Plant City, and Hillsborough County projects Rebecca Oliva, PE, BCEE, ENV SP, PMP PROjECT CONTROLS AND ADMINISTRATION ƒBCEE ƒPMP CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 13 DEMONSTRATED ExPERIENCE OF THE FIRM AND PROjECT PERSONNEL EDUCATION ƒBS, Marine Science, Coastal Geology YEARS EXPERIENCE20 Matt has 20 years of program management, consulting, and system implementation and integration experience on projects for municipal government public works and water, wastewater, and stormwater utilities clients. He specializes in CMMS solution requirements development, systems implementation and refinement, report writing, and systems integration requirements development. City of Hollywood, FL | CMMS Implementation Asset Management and Information Systems Lead. Tasks included design and development/configuration for data migration of the CMMS, integration, reports, end- user training, and implementation planning. City of St Augustine, FL | GIS/CMMS Cloud Migration and Support Information Systems Lead. Task lead for the migration of the City’s GIS and Cityworks server environment from an aging on-premises deployment to a cloud hosted environment. Matt Morey CITYWORKS IMPLEMENTATION | ASSET INVENTORY AND HIERARCHY EDUCATION ƒBA, Geography YEARS EXPERIENCE21 PROFESSIONAL REGISTRATION/CERTIFICATIONS ƒCertification, CompTIA Security +, Illinois, 2013 Shelley is a senior application developer with over 20 years of experience specializing in GIS applications. She develops high-quality desktop and web-based solutions focusing on dynamic, modular, and configurable properties during design. She has written applications in numerous programming languages including C#, javaScript and Python and stays current with industry standards and new software libraries such as xamarin, React, Angular, Dojo, and the Esri javaScript API. Coachella Valley Water District, CA | Asset Inventory and Condition Assessment for NEXGEN Implementation Senior Application Developer. Responsible for design, development, testing, and deployment of a set of applications used to collect and manage vertical asset condition assessments. City of Memphis, TN | Contractor Bid Builder Senior Application Developer. Deliverable generates detailed project estimates based on engineering review data of risk prioritization and GIS analysis that are tabulated and formatted to be sent to contractors for project bid. Shelley Hill INTEGRATION CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 14 DEMONSTRATED ExPERIENCE OF THE FIRM AND PROjECT PERSONNEL EDUCATION ƒBA, Political Science YEARS EXPERIENCE32 Scott has 32 years of program management, consulting, and systems implementation and integration experience. He specializes in the practical application of technologies to enable objective decision making for infrastructure management programs. His expertise with multiple enterprise CMMS/EAM solutions has been a key factor in client organizations achieving their goals with their asset management programs. Sarasota County Utilities, FL | Capacity, Management, Operations and Maintenance Program CMMS Functional Lead. Accountable for developing business case for ensuring migration to “Best in Class” CMMS solution. Documented existing processes, facilitated workshops to define the preferred future state. Irvine Ranch Water District, CA | 5-Year Capital Improvement Program CMMS Functional Lead. Advised team regarding the configuration and master data of the CMMS to ensure proper alignment of people, process, and technology in the execution of the plan. Scott Peters ESCALATION AND DESIGN PLANNING EDUCATION ƒMA, International Business ƒMS, Management ƒBS, Computer Engineering YEARS EXPERIENCE16 joe has 16 years of experience providing asset management as well as CMMS selection and implementation services and specializes in systems integrations. He has successfully led CMMS implementation initiatives with the City of Charlotte’s water utility, solid waste department, and transportation department as well as for cities across the eastern U.S. Seacoast Utility Authority, FL | Cityworks Implementation Lead Implementer. Following multiple system demonstrations and a system selection exercise, led the Cityworks implementation for the Water Treatment Plant, Wastewater Treatment Plant, and Administrative Facilities as well as training of management and field personnel. City of Charlotte Department of Transportation, NC | Cityworks Implementation Lead Technical Consultant. Roles and responsibilities included training and mentoring management and field personnel, facilitating business process analysis workshops, and more. Joe North TRAINING CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 15 DEMONSTRATED ExPERIENCE OF THE FIRM AND PROjECT PERSONNEL EDUCATION ƒMBA, Management Information Systems ƒBS, Business Information Systems YEARS EXPERIENCE18 PROFESSIONAL REGISTRATION/CERTIFICATIONS ƒTrihedral VTSCADA Advanced Programmer – 2012, Multiple ƒAVEVA Wonderware System Platform – 2007, Global, CSI3781 Laurie is a solutions-oriented Industrial IT Professional with proven success designing, implementing, and integrating cost-effective, high-performance technical solutions in various markets, especially the water & wastewater pumping industry. Strong background in Information Technology, Project Management, and Electrical Controls. Laurie is the Project Manager for the City’s SCADA Master Plan and will bring valuable insights to data and systems the Asset Management System may connect to. She has also worked closely with the City’s IT department. City of Hollywood, FL | Automation & SCADA Improvements PLC & SCADA HMI Programmer. Researched and documented the entire wastewater treatment plant supervisory control and data acquisition (SCADA) system, and performed automation and control improvements, as well as update SCADA HMI screens to comply with ISA-101 guidelines. Martin County, FL | SCADA Services & Support Project Manager & SCADA Engineer. Upgrade of the County’s SCADA system; startup services and training were provided for preliminary sites; required some updates to the Wonderware System Platform application and configuration changes. Laurie Kusmaul IT/CYBERSECURITY EDUCATION ƒBS, Geography YEARS EXPERIENCE22 PROFESSIONAL REGISTRATION/CERTIFICATIONS ƒGISP Certified - Global Information System Professional, Computer, 57274, IL ƒNASSCO PACP/MACP/LACP Certified U-813-18943, MD Rob has 22 years of project management, consulting and implementation experience on projects for engineering, utilities and government agencies. He specializes in defining user requirements, system specifications, economic feasibility options, and workflow processes. He supports a variety of asset management integrations, demand analysis, and information solutions. Jackson Energy Authority, TN | Cityworks Implementation CMMS Consultant. Cityworks Implementation for jackson Energy Authority Water and Wastewater Departments. Implementation included process mapping, Cityworks configuration, custom tools and configurations, training, and go-live support. Tulsa Municipal Utility Authority, OK | Utility Enterprise Initiative: Water and Wastewater Asset Management System Improvements GIS Implementation Specialist. GIS Implementation Support on utility-wide Asset Management System Improvements for both water (approximately 2,300 miles of mains) and wastewater (approximately 2,000 miles of mains) utilities. Rob Wachal, GISP DATA QUALITY AND COLLECTION CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 16 DEMONSTRATED ExPERIENCE OF THE FIRM AND PROjECT PERSONNEL EDUCATION ƒMS, GISciences ƒBS, Geography, GIS YEARS EXPERIENCE21 PROFESSIONAL REGISTRATION/CERTIFICATIONS ƒGISP ƒIAM Certification Brian specializes in areas related to information solutions and geospatial analysis and insights for water and wastewater utilities. Brian’s experience includes working with clients of various sizes to develop geospatial and information management solutions including mobile and cloud, adaptive capital improvement planning, business intelligence, GIS-hydraulic model integration, asset management, and linear asset risk prioritization and rehabilitation programs. Hillsborough County, FL | GIS Updates Geospatial Consultant. Responsible for the development of GIS editing workflows and QA/QC procedures to update water distribution, stormwater, and wastewater GIS features. Coachella Valley Water District, CA | Asset Inventory and Condition Assessment Geospatial Consultant and Solution Lead. Supported and developed technology for completion of asset inventory and condition assessment of over $1.2 billion in infrastructure assets encompassing water, wastewater, District facilities, and more. Brian Lendt, GISP, IAM GIS EDUCATION ƒGraduate Certificate, Applied Data Science ƒMS, GIS & Data Science ƒGraduate Certificate, Computer Science ƒBS, GIS & Soil/Water Sciences YEARS EXPERIENCE10 justin is a data science & GIS professional with ten years of consulting experience. He has led the development of a Cloud-Based GIS program management platform for the Lead & Copper Rule Revisions from the EPA that is being implemented by well over a dozen water providers across the country. City of Marshall, MI | Server GIS & Cityworks Deployment Implementation/Analytics Lead. Responsible for the development & implementation of cloud based-GIS services and Cityworks management systems. In addition, developed complete workflows including mobile and program management components for several routine and regulated water quality programs. City of Sioux City, IA | Sanitary & Stormwater Risk Assessment Lead Analyst. Developed a custom tool with Python that accepts multiple input data sources and implements a weighting ranking system to each individual pipe to provide municipalities a granular view of their systems’ health. Justin Mitchell DATA ANALYTICS CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 17 DEMONSTRATED ExPERIENCE OF THE FIRM AND PROjECT PERSONNEL EDUCATION ƒBS, Civil Engineering YEARS EXPERIENCE16 PROFESSIONAL REGISTRATION/CERTIFICATIONS ƒPE – 2015, NY, 95932 Tim is a licensed Professional Engineer and Senior Business Intelligence Analyst with more than 16 years of experience in infrastructure asset management and assessment. His expertise is diversified to include enterprise business intelligence solutions, engineering data science, data program management, business analysis, and civil/structural engineering software development. City of Clearwater, FL | ESCO - Data Management Tool Senior Business Analyst. Developed a data management tool in Power BI, providing a suite of dashboards that facilitated an understanding of project data. Lee County Utilities, FL | Wellfield Monitoring Application Business Intelligence Lead. Developed a Dynamic Wellfield Monitoring Application using Power BI which enables Lee County to effectively manage their Pinewoods wellfield. Tim Collazuol, PE REPORTING/DASHBOARDING EDUCATION ƒExecutive MBA ƒBS, Management Information Systems YEARS EXPERIENCE36 Karin has 36 years of experience leading organizational transformation and change management that achieved financial results through operational efficiency, organizational effectiveness and technology alignment. She has partnered with executive clients to develop and deploy strategic programs that addressed complex challenges, improved operational flexibility, speed to market efficiencies, and cost effectiveness. Large Utility Company, AZ | Transformation Program Program Director. $200M, multi-year transformation program in supply chain, work management and accounting. Program consisted of 100+ Wipro resources, PwC as a sub-contractor and 12 additional system integrators. Leading Oil Field Services Company, TX | Content Management System Program Manager. Responsible for a $5.7M “lift and shift” from a highly-customized TeamSite Content Management System to a World-Class Adobe Enterprise Management (AEM) Content Management System. Karin Kuhl COMMUNICATION AND CHANGE MANAGEMENT CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 18 DEMONSTRATED ExPERIENCE OF THE FIRM AND PROjECT PERSONNEL EDUCATION ƒBA, Business & English Literature YEARS EXPERIENCE21 PROFESSIONAL REGISTRATION/CERTIFICATIONS ƒCertified Reliability Leader ƒProSci Change Management Practitioner Katie is an Asset Management Consultant who specializes in merging business needs with technology enablers for effective and sustainable solutions. She is a results-driven inspirational leader with 21 years of experience in project management, business analysis, communications, training, and software implementation. Southern Nevada Water Authority, NV | EAM Implementation CMMS Functional Lead. Accountable for the implementation of Program Governance during the project (process and lifecycle artifact management). Advised the team regarding the utilization of EAM for delivering desired business outcomes around Assets and Locations using manual data migration and integrations and Work Order management. Southern Company, GA | Matrix Program: EAM Implementation Business Analyst. Assisted the team in the design for Asset and Work Order Management in EAM to enable the desired business outcome. Katie Smith BEST PRACTICES PROTOCOLS | WORK PROCESS REVIEW AND EFFICIENCY EDUCATION ƒMSc, Civil and Environmental Engineering ƒBS, Civil Engineering YEARS EXPERIENCE20 PROFESSIONAL REGISTRATION/CERTIFICATIONS ƒPE – 2010, Tx, #107580 ƒIAM Asset Management Certificate ƒLean Six Sigma Yellow Belt Laura is a planning and asset management lead with 20 years of experience. She was the lead for the City’s WRF Master Plan Condition Assessment and Renewal and Replacement Planning Tasks. She understands what is important to the Public Utilities Department and will expand that to all of the City’s departments. She specializes in asset management program development, ISO 55001 gap assessments and improvement plans, capital improvement planning, and risk and resilience frameworks. City of Charlotte, NC | Stormwater Asset Management and Cityworks Assessment Asset Management Gap Assessment. Part of the team leading the ISO 55001 gap assessment and developing the asset management program implementation plan. Trinity River Authority of Texas | Collection Systems CMMS Full Implementation Engineering Manager. Managed the full and web implementation for the Authority’s northern regional wastewater systems, including improvements to the work order system and the development of reports and dashboards to track performance and budget. Laura Moreno, PE, IAM ASSET LIFECYCLE MANAGEMENT CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 19 DEMONSTRATED ExPERIENCE OF THE FIRM AND PROjECT PERSONNEL EDUCATION ƒMasters, Public Administration ƒBachelors, Business Management YEARS EXPERIENCE31 PROFESSIONAL REGISTRATION ƒCertified Maintenance Reliability Professional ƒCertified Aladon Practitioner for Reliability Centered Maintenance and Design ƒGrade 4 Collections Systems Maintenance Simon has extensive experience in all aspects of asset and maintenance management development and adoption in water and wastewater. Responsibilities have included development and implementation of an Asset Management program and a reliability engineering group; management and oversight of mechanical maintenance, collection systems maintenance, corrosion management program, building and grounds, and computer maintenance management systems. Washington Suburban Sanitary Commission, VA | Preventive Maintenance Framework Improvements Maintenance Management Lead. Led the update of the failure modes and failure effects for plant assets that will be used in the CMMS to track failures. North Port Utilities, FL | Asset Management Gap Analysis Maintenance Management Lead. Facilitated an asset management maturity assessment and development of an asset management improvement roadmap. Simon Watson, CMRP ASSET LIFECYCLE MANAGEMENT EDUCATION ƒBS, Civil Engineering YEARS EXPERIENCE8 PROFESSIONAL REGISTRATION ƒPE - FL ƒEnvision ƒLEED Green Associate Ivan is currently serving as an extension of City staff and serving as a project manager. Through this support of the City he has a deep understanding of the City’s work process and flows. He will be able to support the team and reduce the learning curve and cost to the City. His availability to support future assignments will be assessed based on the status of current engagements. City of Clearwater, FL | Project Management Support Project Manager. Managing approximately $33M in the following type of projects: energy efficiency, groundwater wells, potable water distribution, reclaimed water distribution, and wastewater collection system repairs and upgrades, sewer lift station replacement and rehabilitation, and water reclamation facility upgrades. Tampa Bay Water, FL | Capital Improvement Planning Project Engineer. Assessed risks and assisted with updating their risk management plan for their CIP program. Ivan Tamayo, PE, ENV SP, LEED WORK PROCESS REVIEW AND EFFICIENCY CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 20 DEMONSTRATED ExPERIENCE OF THE FIRM AND PROjECT PERSONNEL TEAM MEMBER CHANGE MANAGEMENTQUALITY ASSURANCEASSET INVENTORYGIS DESIGN & SUPPORTBUSINESS PROCESS/WORKFLOW SCADAIT/CYBERSECURITYTRAINING & USER TESTINGESCALATION & DESIGN PLANNINGSYSTEMS INTEGRATIONSCITYWORKS CONFIGURATIONREPORTING/DASHBOARDINGASSET LIFECYCLE MANAGEMENTNick Alexandrou, GISP, IAM n n n n n n n n n n n n n Amanda Schwerman, PE n n n n n n n n Andy Westfall, PE, ENV SP n n n n n n n n n n Rebecca Oliva, PE, BCEE, ENV SP, PMP n n n n n n n n n Mark Seastead n n n n n n n n n n n n Matt Morey n n n n n n n n n n n Shelley Hill n n n n n n n Scott Peters n n n n n n joe North n n n n n n n n n n n n n Laurie Kusmaul n n n n n Rob Wachal, GISP n n n n n n n Brian Lendt, GISP, IAM n n n n n n n n n justin Mitchell n n n n n n n n n n n n n Tim Collazuol, PE n n n n n n n n n Karin Kuhl n n n Katie Smith n n n n n n n n Laura Moreno, PE, IAM n n n n n n n Simon Watson, CMRP n n n n Ivan Tamayo, PE, ENV SP, LEED n n TABLE 2. Relevant Experience of the Team In addition to the sample projects listed previously on the senior and technical staff biographies, our team has a broad range of experiences and specialties that will benefit the City on this project. Black & Veatch employees have immersed themselves in knowing and improving the Cityworks environment that the city has had. In turn, the City of Alcoa benefits from having a backup to the Cityworks administrator and a peace of mind is achieved knowing that the city is in good hands. The Black & Veatch team has improved our Cityworks system setup and has eliminated the need for multiple fixes after each software upgrade, they exemplify the ‘fix it once fix it right’ mentality. Not only are they a pleasure to work with, but they also are extremely professional, responsive, timely, and one always knows where the project stands: they are simply awesome to work with!” -JESUS ORTEGACMMS ADMINISTRATOR | CITY OF ALCOA, TN 3 References CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 22 33 References Black & Veatch has carried out successful projects for various clients who were pleased with our firm’s work. On the next several pages are references and contact information should the City wish to reach out to them about their experience with Black & Veatch on similar projects. Cityworks Implementation for Utilities CITY OF HOLLYWOOD | FLORIDA The Department of Public Utilities identified the need to replace their legacy Accela CMMS solution with Cityworks as the foundation for a Citywide implementation. Phase 1 focused on water and wastewater facilities (treatment plants, lift stations, pump stations), linear underground assets, and supporting engineering projects. Integrations for employees and labor rate updates, parts/ material inventories, utility billing, SCADA, and CCTV were included. Black & Veatch performed an initial assessment and several rounds of onsite workshops to understand current work management practices within Public Utilities and needs for other City departments. The initial assessment resulted in a configuration plan that included – ‘to-be’ business processes, an asset hierarchy for WTP, WWTP, and collection/distribution system assets, improvement recommendations, and a plan for an enterprise implementation. A train the trainer approach was utilized to successfully prepare users for the new CMMS. An iterative configuration strategy included multiple reviews with Department staff. This allowed City staff to be exposed to the system multiple times throughout the process as the foundation for change management. A phased deployment resulted in a successful deployment for the Utilities Department. Phase 2 of the program, currently underway, addresses integration of additional critical information systems with Cityworks including: ƒTyler’s MUNIS – Utility Billing ƒWinCAN – CCTV Inspections ƒOracle Financials ƒiFix – SCADA ƒERP – Employee and Labor Rate Updates CLIENT REFERENCEBill Blue, Maintenance Supervisor, Public Utilities WWTP954-921-3288wblue@hollywoodfl.org1621 N. 14th AvenueHollywood, FL 33022 RELEVANCE TO CLEARWATER ƒCityworks Implementation ƒImplementation Across Multiple Departments ƒPlantworks User ƒProgram Management ƒAsset Management ƒGeographic Information Systems DATES OF SERVICESPhase 1 Completed in 2020; Phase 2 Ongoing KEY TEAM MEMBERSNick Alexandrou, Mark Seastead, Matt Morey, joe North CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 23 REFERENCES Cityworks Upgrade/Expansion/Implementation – Multiple Projects CITY OF ROCK HILL | SOUTH CAROLINA The City of Rock Hill had previously implemented an older version of Cityworks that had gone largely unused. The City commissioned Black & Veatch to assist them in assessing improvements and upgrading their desktop system to the latest browser-based version and updating the configuration to support the hydrant flow test program, facilities maintenance, wastewater treatment, and water treatment. Hydrant Flow Test Program Black & Veatch worked with City staff to understand and automate a manual process related to hydrant flow testing data capture and reporting. Once the system was configured, a flow test results report required by the state of South Carolina and Fire ISO certification was developed, reducing a weeks long process to a simple button click. As a result, the City obtained the highest score for that section of the ISO rating process. Facilities Maintenance The Facilities Maintenance group is responsible for maintaining over 100 city facilities and assisting with the setup and staffing of all city related festivals and events. No system was in place to track the work that this division completed. Black & Veatch worked with city staff to understand and document work processes and reviewed/updated the asset registry to. Black & Veatch then worked with City IT/GIS staff to configure the CMMS to support the division. In addition to standard configuration, Black & Veatch developed an internal prioritized Facilities Request Portal to replace an email-based process. Wastewater Treatment Facility Black & Veatch replaced the City’s legacy work order management system (MP2) for the City’s Manchester Creek Wastewater Treatment Plant. During the implementation the project team updated an out-of-date asset registry, reviewed/updated work processes, and updated preventive maintenance (PM) tasks. The implementation included a Plantworks implementation along with an upgrade to the service request portal for operations staff not using the CMMS. Implementation is currently being expanded to the City’s Water Treatment Plant. CLIENT REFERENCEShawn Carson, GISP, GIS Manager803-329-8723shawn.carson@cityofrockhill.com757 S. Anderson RoadRock Hill, SC 29731 RELEVANCE TO CLEARWATER ƒPlantworks User ƒBusiness Process Review ƒAsset Registry Review ƒConfiguration Design ƒSystem Configuration ƒRequest Portal ƒPlantworks ƒWWTP Implementation ƒTraining Support ƒOngoing Support DATES OF SERVICES2016-Ongoing KEY TEAM MEMBERSMark Seastead, Matt Morey, joe North Our ISO rating for our Fire Department improved and our auditors specifically mentioned the rapid access to hydrant test data accessed from Cityworks.” - SHAWN CARSON GIS MANAGER CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 24 REFERENCES Cityworks Implementation SEACOAST UTILITY AUTHORITY | FLORIDA Seacoast Utility Authority (SUA) selected Black & Veatch (Black & Veatch) to implement Cityworks for their Water Treatment Plant (WTP), Wastewater Treatment Plant (WWTP), and Administration Facilities. The implementation of Cityworks was initiated to serve as a unified computerized maintenance management system (CMMS) for SUA’s plant and facility asset environments. Black & Veatch began the implementation by working with SUA staff to understand and document the organization’s business processes. Once these processes were documented and understood, Black & Veatch designed a system configuration plan to support SUA’s processes within Cityworks and utilize data already configured within SUA’s existing work management system. In addition to the CMMS configuration design, Black & Veatch exported all relevant asset data from SUA’s existing CMMS, combined that data with additional asset information from spreadsheets, and imported the final asset hierarchies to GIS for consumption by Cityworks and Black & Veatch’s vertical asset Cityworks plugin (Plantworks). With the configuration design and asset data import complete, Black & Veatch staff installed and configured Cityworks and Plantworks while maintaining an understanding that other SUA divisions (e.g., Collection and Distribution) could use the system in the future. In addition to configuring the system, Black & Veatch modified the user interface and Cityworks Inbox to ensure that the system was easy to use for users of all levels. Black & Veatch completed the implementation by finalizing system configuration and preparing customized training materials for end-user training. These materials were used by SUA trainers to train all end-users just prior to go- live with Black & Veatch support. In addition to end-user training, Cityworks Administration was provided to SUA administrators throughout the implementation process. After implementation and go-live, SUA again selected Black & Veatch to provide supplemental asset hierarchy support for WWTP assets. This process included a comprehensive review of the entire WWTP asset hierarchy, recommendations for updates, GIS support to execute all hierarchy changes, and additional Cityworks and Plantworks training for WWTP staff. CLIENT REFERENCEBrandon Selle, COO561-627-2900, Ext. 316bselle@sua.com4200 Hood RoadPalm Beach Gardens, FL 33410 RELEVANCE TO CLEARWATER ƒPlantworks User ƒBusiness Process Review ƒAsset Registry Review and Migration ƒConfiguration Design ƒSystem Configuration ƒReport Development ƒTraining ƒOngoing Support DATES OF SERVICES2021-Ongoing KEY TEAM MEMBERSNick Alexandrou, joe North, Mark Seastead, Matt Morey CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 25 REFERENCES GIS Cloud Migration & Ongoing Cityworks Implementation Support CITY OF ST. AUGUSTINE | FLORIDA To improve system performance and user experience, the City of St. Augustine migrated their on-premises GIS and CMMS servers to a cloud- hosted environment. The migration included version upgrades for both ArcGIS Enterprise and Cityworks Asset Management System (AMS) & Permitting, Licensing, and Land (PLL). Once the server migration was complete, the City went live with an implementation of Cityworks PLL to manage its building permits and code enforcement cases. To begin the cloud migration, Black & Veatch professionals collected application and usage information to understand the requirements the cloud hosted environment needed to support. With a conceptual architecture developed, Black & Veatch performed a costs analysis for multiple cloud service providers. With the service provider and server architecture agreed upon, Black & Veatch worked with the City’s IT staff to build out all required components of the new cloud environment. With all components in place, Black & Veatch professionals deployed a distributed ArcGIS Enterprise deployment and worked with City staff to migrate data and services. Additionally, the City’s Cityworks environment was migrated and upgraded to the latest version. With the migration complete, Black & Veatch worked with the City to improve its recently deployed Cityworks PLL implementation. PLL enhancements include updating case workflows, correcting legacy data migration records/documents, planning for system integrations, and other usage improvements. The Cityworks PLL Public Access Portal was also deployed to allow the public to initiate their own permits. Continuing implementation efforts focused on expanding PLL usage to other Public Works and other departments. CLIENT REFERENCETodd Grant, Utilities Director904-315-8499tgrant@citystaug.com75 King StreetSt. Augustine, FL 32085 RELEVANCE TO CLEARWATER ƒCityworks AMS/PLL Implementation ƒFurther Implementation Across Departments ƒProgram Management ƒArcGIS Enterprise Planning & Deployment ƒCloud Computing Planning & Migration ƒGIS & Mapping Support ƒHistoric Data Migration ƒPublic Portal Deployment ƒSystem Integration Planning DATES OF SERVICES2021-Ongoing KEY TEAM MEMBERSNick Alexandrou, Mark Seastead, Matt Morey, joe North Black & Veatch treats us like they do their largest clients and are always prompt to respond.” - TODD GRANTUTILITIES DIRECTOR CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 26 REFERENCES Cityworks Implementation and GIS Strategic Planning Services CITY OF DELRAY BEACH | FLORIDA Black & Veatch is performing a multi-phased project to help the City of Delray Beach improve its GIS program, data, and processes as part of a new CMMS implementation. Phase I prioritized migrating away from a legacy CMMS with costly annual maintenance fees. It also included the migration of existing work history and business processes for the Utilities Department, along with the deployment of a new mobile work management system. Phase II included updates to key business processes and expansion of the user base to include Public Works and Parks and Recreation, along with improved key performance metrics dashboards. Phases III and IV include the completion of a GIS strategic plan for the City, along with deploying key areas, including: ƒNew GIS servers ƒEsri ArcGIS software and architecture upgrades ƒDeployment of ArcGIS Portal ƒGIS data cleansing including deploying enterprise SDE versioning ƒStandardizing GIS administration policies and processes ƒDetailed business process mapping and configuration updates CLIENT REFERENCEDon Marese, IT Project Manager561-243-7146marese@mydelraybeach.com100 NW First Avenue Delray Beach, FL 33444 RELEVANCE TO CLEARWATER ƒCityworks Configuration ƒImplementation Across Multiple Departments ƒCMMS Review and Replacement ƒSQL Development and Implementation ƒOther Reporting Development and Configuration DATES OF SERVICES2018-Ongoing KEY TEAM MEMBERSNick Alexandrou, Amanda Schwerman, Matt Morey, joe North, Mark Seastead, Brian Lendt Cityworks Magazine highlighted the City of Delray Beach project in a recent issue. 4 Project Plan/ Approach and Timeline CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 28 44 Project Plan/Approach and Timeline The City of Clearwater will receive a best-practice Cityworks program that is adaptable, flexible to change, and scalable as required. This is possible due to Black & Veatch’s extensive subject matter knowledge base and experience with the City. OVERVIEW Our approach, plan, and schedule for this CMMS implementation is dynamic and agile while remaining rooted in team collaboration. We will work side by side with the City, in all phases of the project, to ensure Cityworks becomes a cornerstone of the day-to-day work activities for the City. Through our five phased approach (Define, Discover, Develop, Deploy, and Support), our CMMS Implementation project plan offers the following benefits to the City: Extension of Staff Black & Veatch has worked on multiple projects with the City’s Utility Department, including the current WRF Master Plan, and have coordinated with the IT department on several projects. This has afforded us the ability to gain in-depth knowledge of existing workflows and business processes, as well as build working relationships with staff. This shortens the discovery effort and helps generate buy-in. We envision the Utilities implementation to be the pilot for the other departments. Dynamic Best Practice Approach Black & Veatch’s project team consists of a diverse group of subject matter experts who specialize in Cityworks, Business Process Improvements, IT and Cybersecurity, Change and Communication Management, Data Analytics/Visualization, and System Integrations. This team has worked together for years and has developed an industry best-practice approach that is dynamic and adaptable to the City’s needs. Management of Change Throughout this project, change will be introduced to people, processes, and procedures. Black & Veatch has developed a robust Change Management Program that will ensure staff are never overloaded and can quantify the project’s success and adoption rate. Scalable and Resilient In all configurations and planning, Black & Veatch will always ensure that the system is built in a manner to support scaling to Public Works, Gas, Recreation and Facilities - with no service interruptions to the other Departments day-to-day activities. Best in Class Plants and Facilities Management with Plantworks Black & Veatch is the national-leader in Plants and Facilities implementations in Cityworks. We have developed a best-in-class approach that utilizes our Plantworks plugin to expand the native Cityworks capabilities, making facilities and plant operations streamlined and efficient. CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 29 PROjECT PLAN/APPROACH AND TIMELINE Task 1 - Define In this first task, the project team will establish the protocols and procedures to ensure success. A project governance committee will be established that develops and oversees change management plans, communication plans, and stakeholder engagements. Additionally, adoption and competency checks with be developed and the City’s program- wide training framework will be established. Defining all of this upfront increases the likelihood of success, keeps the project on schedule/budget, decreases natural resistance to change, and improves project communication and visibility throughout the organization. This effort will help to establish a ‘One-Vision, One-Voice’ for the project. Task 1.1 - Establish Project Governance Project Governance is a series of people, processes, and plans based around project and change management. During this task, the members of the Project Governance Committee will be identified, with representatives from the City and Black & Veatch. Nick Alexandrou, Project Manager, will co-chair this committee with City staff who will be identified as the Cityworks program owner/champion. Black & Veatch’s Karin Kuhl, PROSCI certified Change Manager, will assist the Project Governance Committee and collectively develop a project charter, set business and project goals, and define success criteria. Project governance will also be defined to provide the framework for project decision making activities. Project governance will also include the governance model, list of key stakeholders, responsible, accountable, consulted, and informed (RACI) matrices, Risk-Action-Issue-Decision (RAID) log, escalation management, exit criteria, change control process, and acceptance criteria. DEFINE Develop Project Governance Committee Develop Project Charter Change Management & Communication Plans Adoption and Competency Planning Training Framework Data Quality and Readiness Assessment IT Technical Requirements Business Process Review and Recommendations Reporting/ Dashboarding Requirements Asset Data and Ownership Standards Asset Registry Hierarchy and Data Collection Iterative System Configuration Reporting/Dashboard Development Integration Development Acceptance Testing Device Configuration Hands-on User Training “Go-Live” Roll-out Sequencing and Support Long-term As-needed Technical Support Reporting Updates and Support Software/Plugin Updates Configuring New Work Templates/ Dashboards/Queries Providing ‘Refresher Training’ Cityworks Expansion to Other Departments DISCOVER DEVELOP DEPLOY SUPPORT 3TASK 4TASK 5TASK2TASK1TASK WORK PLAN Black & Veatch’s work execution plan follows a hybrid-agile approach. The first two tasks of the project, Define and Discover, happen sequentially one after the other in the style of a traditional waterfall execution plan. The third phase, Develop, happens in a series of agile sprints occurring simultaneously that allows Cityworks, the identified and City preferred CMMS platform, to be Designed, Built, Tested, and Revised through an efficient iterative process. The fourth phase of the implementation, Deploy, will be performed as a waterfall approach with the device configuration and user training being followed by go-live deployment and support. The tasks provide ongoing support after the project is complete. WORK PLAN Black & Veatch’s work execution plan follows a hybrid-agile approach. The first two tasks of the scope, Define and Discover, occur sequentially in the style of a traditional waterfall execution plan. The third phase, Develop, occurs as a series of agile sprints that allows Cityworks to be Designed, Built, Tested, and Revised through a controlled iterative process. The fourth phase, Deploy, will be performed as a waterfall approach with the device configuration and user training followed by go-live deployment and the fifth task, Support, which provides ongoing support after the project is complete. CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 30 PROjECT PLAN/APPROACH AND TIMELINE The committee will also be responsible for overseeing change management planning, monitoring and measuring program adoption, communicating to staff with “one-voice,” and approve standards developed throughout the project around for system usage, data management and ownership, and asset lifecycle standards. Task 1.2 - Change Management Plan Black & Veatch will facilitate workshops to identify and document the following to create a transparent change management plan: ƒSpecific changes ƒImpacted groups ƒResistance identification ƒMitigation strategies ƒChange readiness ƒRisk assessment The team will monitor changes in the project scope and vision and adapt the plan accordingly. Black & Veatch utilizes our internally developed Change Management Tracking Platform to monitor when each group will be exposed to changes, the type of change, and if certain staff or groups are projected to be ”overloaded” with changes – a critical failure in implementations where staff are exposed to too much change at one time, causing none of it to be fully adopted. Task 1.3 - Communication Plan Members of the Project Governance Committee will serve as the key points of contact for their group and will be responsible for communicating the right messages regarding the changes to come, why they are important, and how they fit into the big picture of Cityworks usage. Black & Veatch will work with the Governance Committee to develop a “one-voice” message for all City stakeholders that will include: Monitoring risk is an important component of Change Management. Black & Veatch has developed dynamic PowerBI based tools that will be used throughout this project to ensure staff are not overloaded with change, and risk is monitored and mitigated appropriately. Change Management Panning Communication Planning Adoption Planning and Competency Checks Training Program RAID Log RACI Matrices Escalation Management Stakeholder Register Project CharterCITYWORKS PROJECT GOVERNANCE COMMITTEE Establishing a Project Governance Committee sets the City up for long-term success by defining the framework and processes that lead to improved workforce efficiencies, individual user adoption, and better communication. CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 31 PROjECT PLAN/APPROACH AND TIMELINE ƒMessaging and key important facts that need to be delivered ƒIdentifying who should be communicating the message and who is receiving it ƒDetermining how, and in what manner, the most effective way of conveying messages ƒWhen certain messages should be conveyed (timeframe, frequency, etc.) ƒDeveloping message confirmation/ receival techniques Task 1.4 - Training Program Framework Training is an important component to building and maintaining staff’s knowledge base and skillsets. As with mechanical equipment operation, IT cybersecurity, Human Resources, and other required training – the City’s CMMS program should have a comprehensive training program that is used as an annual refresher and for new employee on-boarding. Black & Veatch will develop a training framework that identifies: ƒRole based courses ƒCurriculum requirements ƒUser roles assignments including administrators, leads, power users, regular end-users, etc. ƒTraining schedules, including refresher training plans This plan will be presented to the Project Governance Committee for review, comments and approval. The on-site training program outlined in Task 4.2 – Hands-on User Training will serve as a great starting point for the City’s Training Program. All materials, videos, and recordings will be subject to Project Governance Committee review and refinement to ensure it fits within the training programs framework. Task 1.5 - Adoption and Competency Checks During the Discover, Develop, and Deploy phases, it will be common for changes to be proposed and implemented. It is important to track those changes and measure their effectiveness. Changes are tracked through our tracking platform, but we measure their effectiveness through competency checks. Competency checks will take the form of questionnaires, mini-quizzes, and self-guided assessments. The content and materials of the competency checks will be developed and approved by the Project Governance Committee to ensure that staff members are internalizing success parameters. This is done to monitor stakeholder understanding and encourage adoption thus improving our likelihood of success of the project. Additionally, final platform user acceptance testing will be developed and approved by the Governance Committee. These will include the testing acceptance requirements, scenarios, and workflows for users to evaluate. Task 1 Deliverables: Project Governance Committee, Project Charter, Stakeholder Register, RACI Matrices, Change Management Plan, Communication Plan, Training Program Framework, Adoption & Competency Checks, RAID Log, Escalation Management Strategy, Acceptance Criteria, Change Controls, RAID Log. Administrators Directors, Managers, Supervisors TRAINING PROGRAM FRAMEWORK Warehouse and Material Management Technicians and Operators Competency checks help the project team quantify adoption and acceptance. They help identify successfully adopted changes and those that may need reinforcement throughout the project. ü CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 32 PROjECT PLAN/APPROACH AND TIMELINE Task 2 – Discover We will work hand in hand with City stakeholders from all groups to understand current conditions, review and document as-is business processes, identify technical and functional requirements, perform a data readiness assessment, and gain an understanding of any integration requirements with existing City enterprise systems. The culmination of this phase will be a comprehensive Cityworks Configuration and Implementation Plan that will be executed in Task 3: Develop. Task 2.1 - Data Quality and Readiness Assessment Data accuracy, consistency, and completeness is a foundational component for any CMMS. In this effort, data will be evaluated from three different angles: asset hierarchy, asset registry, and the City’s historical O&M work history. The findings of the following assessments will culminate in: Task 2.1.1 - Asset Hierarchy Assessment Through a series of workshops, asset classes and criteria will be defined for treatment facilities, lift stations, pump stations, and well fields. These asset classes will be grouped in a hierarchal fashion that supports easy navigation for O&M activities. The final hierarchal structures will be documented and finalized following industry standard best practices and with consultation from Utilities stakeholders. The final hierarchies will support both easy navigation for O&M staff, and asset roll-up for planning and financial analysis. This documented organizational structure will be used to develop and update the City’s Enterprise Geodatabase and put into production in Task 3.2 – Hierarchy Development/Data Collection. Task 2.1.2 - Asset Registry Assessment Black & Veatch will evaluate existing GIS data for distribution, reclaim, and collection systems (linear assets). It will also review plant, lift station, pump station, and well field assets (vertical assets). Common characteristics to be evaluated may include ƒAsset identification and naming standards ƒAsset attribute standards, usage, consistency, and completeness ƒData duplication ƒData redundancy ƒOrganizational standards Understanding the quality and criticality of existing data is crucial to building an effective asset hierarchy and understanding legacy data associated with City assets. Development of a migration plan will prioritize quality data and improve historic data usability in the new CMMS. Enterprise Geodatabase Schema Design Asset Hierarchy Design Data Gap Assessment Results Historical O&M Data Migration Plan DATA QUALITY & READINESS ASSESSMENT DOCUMENTATION The Black & Veatch data quality approach sets the City up for prolonged success, easy updates and faster integration of all data, systems and software. CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 33 PROjECT PLAN/APPROACH AND TIMELINE The results of the Asset Registry assessment will be a data gap and needs document. This will steer the Data collection plan and efforts to follow in Task 3.1 – Asset Registry Database Development and Task 3.2 – Hierarchy Development/Data Collection. Task 2.1.3 - Historical O&M Data Assessment Ensuring historical work activities are retained and brought into the new platform is critical for maintaining an accurate maintenance history. This is also important to maintain a cumulative cost of ownership, for all assets. An assessment will be performed on existing O&M data currently recorded and tracked in Oracle WAM. Data evaluation will focus on legacy work orders and inspections but will include cost, dates, assets worked on, work types, and comments to determine data quality and feasibility for migration. The results of this assessment will be a Historical O&M Data Migration Plan to be executed in the Development phase. Task 2.2 - Technical Requirements Assessment Understanding and documenting the technical requirements for a Cityworks implementation helps ensure the configuration is implemented efficiently, is developed in a manner to be scalable to other Departments, and most importantly - meets the highest security and resiliency requirements possible. The findings of the following assessments will culminate in: Task 2.2.1 - IT Discovery IT discovery and requirements include items such as licensing, user authentication, internal vs. external user access, and VPN requirements to name a few. This discovery effort will identify, evaluate, and provide guidance on the following examples: ƒCityworks Licensing ƒContract and Licensing model evaluation ƒPlug-in Requirements ƒCybersecurity Protocols ƒMobile Devices ƒWhat devices are currently in use, what devices will be needed, how many, and for whom should they be assigned? ƒEsri Licensing Needs ƒFor a successful Cityworks implementation, Single Sign-On (SSO) is recommended, which requires all users to have at least a Viewer account in ArcGIS Portal or ArcGIS Online ƒGIS Technical Evaluation ƒArcGIS Accessibility (externalized vs. internal with VPN) ƒAvailable servers and RDMS ƒAvailable storage ƒNetwork accessibility at remote sites and VPN connectivity (if not externalized) Findings will be documented to guide the technical configuration and in Task 3.3 – Iterative System Configuration, and include recommended GIS enhancements. Task 2.2.2 - Integration Requirements A fully mature CMMS provides the most value to an organization when it is integrated and communicates with other business critical enterprise systems. Workshops will be held with stakeholders to identify systems requiring integration. Requirements will be documented that define integration data directionality, data to be exchanged, frequency, and integration pathways (API, webservices, webhooks, etc.). TECHNICAL REQUIREMENTS ASSESSMENT DOCUMENTATION IT Tech Requirements Document Mobile Device Standards and Use-Cases Software Licensing Finalization Enterprise GIS Infrastructure Recommendations Performing this assessment ensures that the system will be configured to support all of the functional needs of the City, while also meeting all IT and Cybersecurity requirements. Black & Veatch will use the asset inventory developed during the WRF Master Plan as a foundation of the asset registry to save both time and money, while maintaining consistency. ü CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 34 PROjECT PLAN/APPROACH AND TIMELINE Common systems that are integrated with Cityworks include, but are not limited to, utility billing and customer relationship management software, HR software for employee labor rates, material inventory and storehouse management software, SCADA, and citizen service request systems. The result of these discussion and workshops will be an Integration Requirements document that will help guide the City towards a fully integrated Enterprise solution. This effort does not include any integration development. The execution of integrations is currently set to be executed within Task 3.5 – Integration Development; However, no fee will be provided for systems integration development at this time since the systems and effort to connect to those systems is currently unknown. A separate scope and fee estimate will be provided following the results of this task, for the City’s review. Task 2.3 - Functional Requirements (Business Process Review) Functional requirements gathering is key to ensuring that Cityworks is configured in a manner that supports existing business needs, optimizes business processes, and is prepped for future enhancements and scalability. Task 2.3.1 – Existing Business Workflows and Process Reviews Black & Veatch will utilize our national subject matter experts, and local resources with intimate knowledge of the City, to meet with stakeholders from the management and operations teams from each Utility group for a half day business process review workshop. The examples of groups identified include water treatment, wastewater treatment, water distribution and reclaim, and sewer collection for a total of four half day workshops to discuss, document, and better understand the City’s existing key business processes and workflows. Common business processes include, but are not limited to: ƒPreventative vs. Corrective Maintenance ƒIssue Identification and Work Escalation Planning ƒCyclical Inspections/PM’s ƒInternal and External Service Requests ƒWork Order Management Cycle ƒAssignment ƒFulfillment ƒReview ƒClose Out Additionally, materials and equipment management will be discussed and evaluated. Material management requirements including requisition, purchasing, receival, warehouse storage, truck transfer, and installation will be evaluated and documented for each division. Black & Veatch will work with the City to identify integration needs for Tyler MUNIS, Accela, GraniteNet, and other mission critical software - and will develop a road map for success. ü Workflow Diagram Example CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 35 PROjECT PLAN/APPROACH AND TIMELINE Task 2.3.2 – Develop Best Practice Protocols Following the evaluation and documentation of the City’s current business processes, Black & Veatch will produce recommendations to business processes that will improve and optimize workflows for use in Cityworks. These ‘to-be’ workflows will help drive the configuration of the platform, but more importantly, will be used to help communicate to staff who may be impacted by changes to business processes. Task 2.4 - Reporting/Dashboarding Requirements Workshops will be held to identify existing and new reporting requirements. The results of these discussions and reviews will be a catalog of Key Performance Indicators (KPI) and financial metrics. KPIs will include performance, financial, asset inventory, and broader operational metrics. Common KPIs include: ƒAverage service request response time ƒMonthly average work order costs, and percent change compared to previous months ƒAverage number of labor hours per work activity ƒAverage equipment, labor, and material costs per work activity ƒPreventative vs. reactive ratio ƒNumber of work activities completed, by date range ƒSummary costs per system or facility, by date range ƒPreventative maintenance recurrence compliance rate ƒPercent of work activities that did not require a “repeat repair” Once KPIs have been defined, a review of available dashboarding platforms will be conducted to identify best-fit for the City. This will likely be based in Cityworks, ArcGIS, Power BI, or a combination of all three. Additionally, during this phase, Black & Veatch will develop and present sample dashboards that take into account any City branding standards and presentation platform requirements. These design elements will be documented for use in Task 3.4 – Reporting/ Dashboard Development KPI Catalog Dashboard Design Guide Dashboard Platform Recommendations REPORTING/DASHBOARDING ASSESSMENT Understanding the reporting and dashboarding requirements helps to ensure data is captured and stored correctly and in a manner that supports Key Performance Indicator metrics and dashboard visual needs identified by City stakeholders. By understanding the current business processes (light blue workflow steps), Black & Veatch will identify steps that can be improved, automated, and made more efficient using Cityworks (streamlined dark blue steps). CREATE WO ASSIGN WO PERFORM WO ENTER WODATA PRINT WO DISTRIBUTE PAPERWORK PRIORITIZE WO COMPLETE PAPERWORK PRIORITIZE WO CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 36 PROjECT PLAN/APPROACH AND TIMELINE Task 2.5 – Asset Data and Ownership Standards Development Having proper policies, procedures, and processes in place for the management of data ensures that the City will continue to build trust in the data, and confidence in their decisions. Two important standards that will help sustain long-term success are based around asset lifecycle management and asset data editing. Task 2.5.1 – Asset Lifecycle Management Standards Through workshops and continual refinement, Black & Veatch will help the City develop and document Standard Operating Procedure’s (SOPs) around asset lifecycle management. These SOPs can cover a broad range of subjects, but will typically include: ƒNew Asset Onboarding ƒRecording Corrective and Preventative Maintenance ƒDocumenting Swap-outs ƒDocumenting Rehab/Replacements ƒStandardizing the use of Problem, Cause, Remedy Codes ƒAsset Decommissioning Black & Veatch will help to develop up to eight SOPs specific to using Cityworks for asset lifecycle management. The SOPs will be subject to up to two rounds of review. Task 2.5.2 – Data Editing Standards and Procedures Asset data editing standards address roles and responsibilities, data validation, attribute rules, QC processes, nightly geodatabase maintenance, and versioned editing guidelines, to name a few. Black & Veatch will work through multiple sessions with City IT and GIS staff around existing data editing workflows, standards, and procedures. The findings from these discussions will be used to develop a City of Clearwater GIS Data Editing Standards and Procedures document that will outline standards including: ƒGIS User Roles and Responsibilities ƒGIS User Access ƒVersioned Editing ƒData QC Process ƒData and Attribute Validation ƒSchema Changes ƒAsset hand-over from developer projects ƒGeodatabase Performance Administration This documentation will subject to up to two (2) rounds of review by City staff before being used in Task 3 – Develop to ensure best practice GIS standards are being implemented succinctly with the Cityworks implementation. Task 2 Deliverables: Cityworks Configuration and Implementation Plan, Enterprise Geodatabase Schema Design Recommendations, Asset Hierarchy Designs, Data Gap Assessment Results, Historical O&M Migration Plan, Enterprise GIS Infrastructure Recommendations, Software Licensing Support, Mobile Device Standards and Use- Cases, IT Tech Requirements Document, Integration Requirements, As-is and To-be Business Process Diagrams, KPI Catalog, Dashboard Design Guide, Dashboard Platform Recommendations, Asset Lifecycle Management SOP’s, Asset Data Editing Standards. Defining and implementing best-practice asset lifecycle management and asset data editing/management standards is critical to having standardized maintenance planning and reliable, trustworthy data. Lifecycle Management Asset Data Editing Standards ASSET DATA AND OWNERSHIP STANDARDS CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 37 PROjECT PLAN/APPROACH AND TIMELINE Task 3 - Develop This is the configuration and implementation phase. Here, Black & Veatch will utilize all information documented during the Discover phase and build-out the Cityworks environment to meet the needs of the City. Black & Veatch’s iterative configuration approach is dynamic and seeks continual feedback from the City as functionality is developed. Task 3.1 - Asset Registry Database Development Building on Task 2.1.1 - Asset Hierarchy Assessment, Black & Veatch will create a physical geodatabase design for facility assets in Esri geodatabase format. Based on the results of conceptual asset registry design workshops. A draft registry will be developed and populated with a sample set of assets. The geodatabase will be reviewed along with the sample data in a workshop to provide a reference to City staff for what the design will look like within the Cityworks system. With the information from the physical asset registry review workshop, the Black & Veatch team will create a final asset registry. Task 3.2 - Hierarchy Development/Data Collection During discussions regarding maintenance managed items and IDs, Black & Veatch will coordinate with City staff to gather all necessary source data for asset repository data population. Source data will include existing databases, reports, and construction drawings then once acquired, those sources will be used to populate the GIS asset registry with maintenance managed items. Once the asset data population is completed for an entire plant or facility, it will go through an independent quality review check by the project quality assurance team. The final geodatabase will be delivered to the City to be included in the City’s enterprise GIS. The City has stated that they will perform all field data collection and our fee reflects that. However, Black & Veatch can perform any and all field data capture required as evidenced by our recent asset data collection and condition assessment effort completed as part of the WRF Master Plan. Additionally, we routinely perform this type of work with other organizations and will gladly provide you with an estimate of effort upon request by City staff. Black & Veatch have developed many Esri based data capture tools that can directly populate and QC data capture with your asset register (geodatabase) to streamline data loading and improve data quality. Task 3.3 - Iterative System Configuration Following the configuration specifications documented in the Cityworks Configuration and Implementation Plan (Task 2), Black & Veatch will direct and conduct an iterative configuration process that is based on choosing a subset of requirements identified in the Configuration and Implementation Plan, configuring the system to support that subset of requirements, reviewing those configurations with Department staff in a workshop, adjusting the configuration based on feedback from the workshops, and then repeating the process again up to a total of four times per group.. Configuration subset requirements may include, but are not limited to: ƒGIS Map(s) Layout and Set-up ƒAsset Work Order and Inspection Templates ƒService Request Templates ƒWork Activity Statuses ƒProcess Workflows ƒRespond Dashboard Set-up ƒRespond Style Profiles for Page Layouts ƒGroup Membership ƒUser Permissions ƒCrew Employee, Labor, and Equipment Assignments Iterative Configuration Process Model allows for collaboration with the City and ensures deliverables best match the City’s needs. ADJUST CONFIGURE REVIEW ANALYZE CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 38 PROjECT PLAN/APPROACH AND TIMELINE Plantworks New Plug-in for Now it’s easier and faster to visualize facility asset data to streamline the tracking, maintenance and optimization of assets. Quickly identify assets Access information from one screen Generate maintenance activity records on demand Promoting efficiency, Plantworks provides the ability to show vertical assets as a visual hierarchy, organized by process or location. The asset list is also searchable to find the equipment you are looking for. Plantworks allows you to quickly refer to equipment attributes, readings and work history, as well as add new equipment within the hierarchy or edit attributes. From the same screen, Plantworks provides the ability to generate service requests, work orders, inspections; add readings and attachments directly from the asset record. The Plantworks plug-in optimizes facility asset management in Cityworks. FIND CLICK CREATE 1 2 3 BENEFITS •Visual facility asset hierarchy •Enhances field staff productivity and asset register management •Improves data collection and management •Advances reporting and trending with accuracy and quality •No duplication of data •Compatible with Respond •Hosted in the Cityworks environment Developed by DEPLOYS EASILY CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 39 PROjECT PLAN/APPROACH AND TIMELINE All iterative changes through the process are recorded and tracked in a configuration log that will serve as the tracking and acceptance document for each configuration change. An overview of this iterative process (on page 37) shows that it allows for frequent client participation and feedback resulting in incremental changes during configuration, preventing misunderstandings in how the system will function and be configured for the Department. This process facilitates knowledge transfer to stakeholders. Additionally during the configuration and development phase, Black & Veatch will follow the historical O&M data migration plan developed in Task 2.1.3 to Oracle WAM data into Cityworks. City acceptance evaluation will be conducted through a series of workshops that highlight how the data was imported and organized in the system and how the data was successfully tied to assets and/or addresses for tracking and financial reporting. The historical data migration process will go through two rounds of City review and evaluation before the data is migrated into the production Cityworks environment. Task 3.4 - Reporting/Dashboard Development Once the Cityworks configuration is nearly complete (approximately 3rd round of review), Black & Veatch will develop/transform up to twelve custom reports in the City’s preferred reporting platform (Crystal Reports, SSRS, Power BI) that were identified in Task 2.4. Reports will have two rounds of City review before being considered final and ready for production usage. Black & Veatch will also develop up to six Dashboards to be used by key stakeholders work management KPIs, work order cost metrics, system usage, and workforce performance efficiency. Task 3.5 - Integration Development Development of required system integrations with Cityworks will be based on the details documented in Task 2.2.2 - Integration Requirements. Black & Veatch will develop Integration Plans for each system identified. The project team will verify integration methods, configure APIs, and validate workflows that will trigger Cityworks Service Requests, Work Orders and/ or Inspections. The execution of this task is dependent on City approval of supplemental fee breakdown to be provided at the completion of Task 2.2.2 - Integration Requirements. Task 3.6 - Acceptance Testing Testing will be a completed as defined in Task 1.5 - Adoption and Competency Checks. As previously discussed, testing will take many forms including questionnaires, mini-quizzes, and self- guided assessments. During the testing process the appropriate documentation will be updated with scenarios and checklists specific to each work group’s configuration and required integrations. Testing will be facilitated by Black & Veatch staff and City end-users will sign off on pass/fail designations. Defects requiring correction will be identified, corrected, and re-tested up to four times. Once a configuration and integrations have been accepted, the related documents will be updated with any resulting changes to the associated configuration. Task 3 Deliverables: Physical Geodatabase Design/Registry, Data Collection Plan and Support, Asset ID Standards, Cityworks System Configuration, Historical O&M Data Migration, Up to twelve reports and six dashboards, System Integration Support (pending additional fee approval), User acceptance testing. Mesa, AZ Summary Work Management Dashboard CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 40 PROjECT PLAN/APPROACH AND TIMELINE Task 4 – Deploy Deployment is where the “rubber meets the road.” This is where the culmination of all the planning, design, configuration, evaluation, and testing performed up to this point are put in production and Cityworks becomes the focal point of work management and communication for the Utilities department. Black & Veatch recognizes the importance of a planned and well communicated roll-out, and will work closely with the Governance Committee to schedule and sequence device set-up, training, and go-live for each group. Task 4.1 - Device Configuration Before To ensure a smooth roll-out for each group, Black & Veatch will have a dedicated session with each group to ensure their mobile devices, tablets, and/or computers are prepped and ready for training and subsequent go-live. Common configuration set-up can include device assignment, app installs, app preference settings, multi-factor authentication (MFA) configuration (if needed), VPN configuration (if needed), confirming staff account access, and sign-in verification. Task 4.2 - Hands-on User Training Black & Veatch will deliver user training of the new CMMS system through four different courses. Users will be assigned to their specific course(s) based on their role and typical daily work activities. Recommended courses for hands-on training TRAINING COURSES Administrators n System maintenance n Platform administration n User management n GIS Updates Managers & Supervisors n Creating, assigning, reviewing, closing work activities. n Monitor performance, cost, and risk n Work escalations Operators & Technicians n Documenting and recording work efforts n Completing work activities n Mobile device usage Material Management n Requisitions n Receivals n Audits n Assignments n Transfers CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 41 PROjECT PLAN/APPROACH AND TIMELINE Training Schedule and Sequencing The following tables show the agendas for each of the four recommended courses. It is anticipated that go-live will be staggered, with each group being brought on-line sequentially, one week after the other. Because of this, we recommend administrator training being held all at once. However, the full day managers, operators, and technician training sessions should be only be provided to the group that is scheduled to be brought online next. CITYWORKS ADMINISTRATORS COURSE EXAMPLE AGENDA Grouping: All AdministratorsDuration: 4 days onsitePurpose: Staff will have the knowledge and materials necessary to provide internal support and Cityworks administration to the Department. Day 1 ƒNavigating the Cityworks User Interface ƒUsing the Cityworks Map ƒHow to Create and Assign Work Activities (Service Requests, Inspections, Work Orders) Day 2 ƒCreating Preventative Maintenance Schedules ƒRespond Management (Queries, Dashboards, Side-menu Management) Day 3 ƒSystem Administration ƒAdding/Deactivating Employees ƒGroups, Crews, Employee Relates, Employee Plugins ƒWork Activity Templates ƒLabor, Materials, and Equipment Day 4 ƒTechnical Maintenance (Plugin Updates, System Updates, System Patches) ƒSystem and Usage Monitoring/Cleanup MANAGERS AND SUPERVISORS COURSE EXAMPLE AGENDA Grouping: Individual supervisor groups, as they are scheduled to be brought onlineDuration: 2 days onsite Purpose: Staff will have the knowledge and materials necessary to create, manage, monitor, review, and report on activities that occur and are documented within the Cityworks system. Day 1 ƒNavigating the Cityworks User Interface ƒUsing the Cityworks Map ƒHow to Create and Assign Work Activities (Service Requests, Inspections, Work Orders) Day 2 ƒCreating Preventative Maintenance Schedules ƒWork Activity Monitoring, Reviewing, and Closing ƒHandling Work Escalations ƒPerformance Metric Monitoring (Dashboard Usage, Reporting) OPERATORS AND TECHNICIANS COURSE EXAMPLE AGENDA Grouping: Individual Operator/Technician groups, as they are scheduled to be brought onlineDuration: 1 full day per group (water treatment plant operators, wastewater treatment plant operators, water distribution and reclaim operators, wastewater distribution operators)Purpose: Focus on the Cityworks Mobile Application and/or Respond Web Application. Day 1 ƒReviewing your Work Assignments in your Inbox and Map ƒAdding Labor Hours, Equipment Usage, and Material Quantities ƒAdding Comments and Photos ƒPerforming Observations ƒRecommending Follow-up Actions & Escalations ƒCompleting the Work Assignment MATERIAL MANAGEMENT COURSE EXAMPLE AGENDA Grouping: All warehouse and material management staff togetherDuration: 1 full day Purpose: Focus on the Cityworks Storeroom plug-in and its use for material management at the City. Attendees will be warehouse management and procurement staff. Day 1 ƒHow to perform: Requisitions, Receivals, Transfers, Assignments ƒPerforming and Scheduling Audits ƒCost and Material Data Maintenance Strategies CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 42 PROjECT PLAN/APPROACH AND TIMELINE This ensures that users who are scheduled to go-live attend training right before their go-live dates, and users who are not scheduled to go live do not attend training and then have to wait a period of time before going live. Having the delay between training and go- live would diminish knowledge retention and minimize the effectiveness of the training. The culmination of the on-site training will be a competency check to measure and quantify user understanding and adoption. An additional week of training has been factored into the project schedule if the results of the competency check do not meet the Project Charter’s level of expectations. As needed, the additional week of training will be used to revisit and bolster specific process or platform-based procedures that were not fully adopted or understood. The materials developed as a part of this training session will be reviewed and approved by the Project Governance Committee and will serve as the foundation for the City’s CMMS Training Program moving forward. Task 4.3 - Cityworks Go-Live Roll Out Once training is completed and the competency check meets the Program Charter’s defined standards - a “Go- Live” date will be determined by the City and Black & Veatch for each group within Utilities. It is more impactful and successful to go-live with a staggered approach, bringing a group or division within Utilities on-line, one at a time, instead of all at once. Staggering the go-live ensures that each group being brought online has a direct line of support and communication, allowing any additional configuration changes and/or unforeseen issues to be addressed without affecting or impacting others groups. Lessons learned from one go-live can be applied to subsequent ones for optimal delivery quality. Black & Veatch will provide two Cityworks specialists to be on-site for two days per group to support Cityworks production roll-out. On-site Black & Veatch staff will be available to resolve technical issues from staff, answer questions, provide additional training sessions (small group, 1-on-1, etc.) and perform general technical triage should any issues arise. Task 4 Deliverables: Mobile Device configuration, Execution of On-site Training, On-site Go-live Support, Post Go-live Triage Support. Task 5 - Initial Go-Live Support After Cityworks has been put into production, there will be a transition period into long-term as needed support and maintenance (outlined in Tab 5). This support task will help to fill that gap by providing direct and immediate administrative and technical support to the City for the calendar month immediately following go-live for all groups. Black & Veatch will make team members available to fulfill requests from the City and provide remote and on-site support to assist with common technical support items, including but not limited to: ƒUser access ƒReporting updates and support ƒSoftware/Plugin updates ƒConfiguring new work templates ƒRevising technical configurations ƒDashboard/query revisions or updates ƒGeneral technical troubleshooting After one month of technical support, the project team will transition into our long-term maintenance and support approach, which is detailed in Tab 5. Task 5 Deliverables: To be determined as needs arise. CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 43 PROjECT PLAN/APPROACH AND TIMELINE Task 6 – Project Management/Administration (Implementation Phase) Black & Veatch will perform general administrative duties associated with the Project, including project set-up, resource management, progress monitoring, scheduling, general correspondence, office administration, and invoicing. We will maintain the schedule and an accurate project documentation, filing, and cost accounting system throughout the project. Black & Veatch will manage the Quality Assurance process as detailed on page 44. Rebecca Oliva, Project Controls and Administration, will support Nick Alexandrou, Project Manager, on this task. Task 6 Deliverables: Comment-Response Logs, Progress Status Reports; Document Catalog; and Regular project updates with City’s PM to communicate progress and discuss any issues, improvements, or necessary changes to project delivery. RFP ITEM 5 REQUIREMENT FOR PROJECT IMPLEMENTATION STRATEGY AND PROCESS LOCATION IN THIS PROPOSAL a. Project Methodology and Implementation Process Tasks 1 through 6 ü b. Scope, Limitation, Dependencies and Assumptions Tasks 1 through 6 ü c. Change Management Procedure and User Adoption Tasks 1.2, 1.5 ü d. Quality Assurance and Testing Strategy Tasks 3.6, 6; “Project Quality Assurance” Section, Page 44 ü e. Asset Inventory Process Tasks 2.1.1, 2.1.2, 3.1, 3.2 ü f. User Communication and Change Management Plan Tasks 1.1, 1.2, 1.3, 1.5 ü g. Estimated Project Timeline Project Schedule, Page 45 ü h. Issue Documentation and Escalation Procedure Tasks 1.1, 1.2 ü i. Training Strategy and Documentation by User Role Tasks 1.4, 4.2 ü j. Work Order Workflows and Escalation Plans Tasks 2.3.1, 2.3.2 ü k. Asset Life Cycle Management Protocols Tasks 2.5.1 ü l. Functional Integration with Existing Software Services Tasks 2.2.2, 3.5 ü CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 44 PROjECT PLAN/APPROACH AND TIMELINE PROJECT QUALITY ASSURANCE One of the most important aspects of our management approach is our Project-Specific Quality Management Plan (QMP). This plan is built upon the Black & Veatch Quality Manual and is tailored to serve as a tool for individual assignments to define key project milestones and quality review checkpoints. Checkpoints are integral to successful project execution and are built into the project schedule to allow sufficient time for quality reviews. Black & Veatch integrates quality control into the development of all deliverables, as shown in the following graphic. This approach is aligned with our quality policy and has been proven successful and effective in the execution of project deliverables by receiving a limited number of comments, mostly technical and very few grammar related comments. Every deliverable undergoes an editorial and technical proofreading review before submittal to the City. This demonstrates our policy has been successful and effective. For different types of work and deliverables we have different types of workflows, however, quality is never compromised and is always incorporated into each deliverable we submit to the City as shown in the following graphic. Quality touches virtually every component of the project and is essential to project success. Black & Veatch takes ownership of the quality of the product and cares about the quality of the QC process. Black & Veatch understands Quality Control is our job, not the City’s. Black & Veatch staff... are adept to listening to the needs of the County, communicating well and providing high quality deliverables. They have worked across departments and disciplines to provide the County holistic system recommendations. As a result, the County has gained increased confidence in implementing projects without the fear of negative unintended consequences from evaluating systems in silos. I recommend Black & Veatch’s water, wastewater, and reclaimed water services to other utilities.” -MARGARET R. (BECKY) COOK, PE SENIOR ENGINEER | PINELLAS COUNTY At kicko, meet with City to understand goals and objectives; request data Develop Quality Management Plan (QMP) including sucient time in project schedule for proper internal and external reviews Develop documents; conduct internal progress and review meetings Review by Project Manager Submit draft deliverable and configurations to City Meet with City to discuss comments and draft responses Final QC review by Project Management and Quality Control Team Prepare final deliverable, properly addressing City comments Submit final deliverable to City At conclusion of project, organize and submit all project files including final invoice for closeout Technical quality review by Subject Matter Experts (SMEs), revisions by execution team Technical editing/word processing QA/QC Manager Review City reviews draft Receive Comment-Response Log from City Prepare draft responses to City comments START Perform editorial review/ refinement of all deliverables LEGEND:City Involvement FINISH Black & Veatch’s Proven Quality Process for CMMS Implementation Projects CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23 PROjECT PLAN/APPROACH AND TIMELINE  BLACK & VEATCH 45 PROJECT SCHEDULE Black & Veatch has staff available and will complete the Tab 4 scope of services from june 2023 to june 2024 (or within 13 months from the Notice to Proceed date). The Tab 5 services will be completed within six years of the initial project Notice to Proceed. 2023 2024 JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN Task 1 - Define 1.1 - Establish Project Governance 1.2 - Change Management Plan 1.3 - Communication Plan 1.4 - Training Program Framework 1.5 - Adoption and Competency Checks Task 2 - Discover 2.1 - Data Quality and Readiness Assessment 2.1.1 - Asset Hierarchy Assessment 2.1.2 - Asset Registry Assessment 2.1.3 - Historical O&M Data Assessment 2.2 - Technical Requirements Assessment 2.2.1 - IT Discovery 2.2.2 - Integration Requirements 2.3 - Functional Requirements (Business Process Review) 2.3.1 - Existing Business Workflows and Process Reviews 2.3.2 - Develop Best Practice Protocols 2.4 - Reporting/Dashboarding Requirements 2.5 - Asset Data and Ownership Standards Development 2.5.1 - Asset Lifecycle Management Standards 2.5.2 - Data Editing Standards and Procedures Task 3 - Develop 3.1 - Asset Registry Database Development 3.2 - Hierarchy Development/Data Collection 3.3 - Iterative System Configuration 3.4 - Reporting/Dashboard Development 3.5 - Integration Development 3.6 - Acceptance Testing Task 4 - Deploy 4.1 - Device Configuration 4.2 - Hands-on User Training 4.3 - Cityworks Go-Live Roll Out Task 5 - Initial Go-Live Support Task 6 - Project Management/Administration Ongoing governance First Level Second Level Third LevelLEGEND 5 Long-Term Support and Maintenance CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 47 55 Long-Term Support and Maintenance FIVE-YEAR ONGOING SUPPORT As with any system that is implemented and adopted across an organization, support will be needed as the program matures. Following the Implementation Phase described in Tab 4, Black & Veatch will provide five years of support and maintenance. This support could be for a number of technical, functional, and process driven needs. This support could also be to help develop further enhancements, integrations, and expansions into other Departments. Black & Veatch has a team of subject matter experts and local trusted advisors who possess the expertise to provide technical support and system administration for the five year support term and beyond, if needed. This support is in addition to the Trimble Cityworks support provided as part of the Cityworks licensing agreement. Some of the advancements or expansions that could arise, which we have previously supported include but are not limited to: Platform Enhancements More complex material management in Cityworks Storeroom can include items such as integrations with Finance and Purchasing Software, barcoding for warehouse inventory management and asset tagging, and automatic purchase order generation based on minimum quantity thresholds. Black & Veatch has helped many of our clients utilize Cityworks for permitting and zoning processes within the Planning department that involves automated workflows and plans review processes. Asset readings, a common enhancement, have improved client communication and efficiencies. This allows for dynamic work management to be issued automatically as things like pump run times, temperature readings, and flow values hit thresholds that require certain follow-up work activities to happen. Often, we will help our clients configure Cityworks to get read-only export notifications from SCADA that trigger these activities in Cityworks. Some other common enhancements we have helped clients with include setting up SMS text notifications to staff as work gets assigned to them, automated compliance and regulation reporting, and dynamic staff workload management. Platform Expansions Following Utilities, the Cityworks platform will likely be looked to as leading-edge technology at the City. This will drive the desire for migration to Cityworks for other departments. Known candidates include Public Works, Recreation, and Facilities. Black & Veatch has helped numerous clients expand their Cityworks footprint throughout their organization. As-Needed Technical Support Beyond the enhancements and expansions that will come up as the program is used and the City looks for more ways to expand the platform, there will inevitably be day- to-day technical support cases that arise that Black & Veatch will provide support on. Black & Veatch has continuing services and support contracts with many of our clients using Cityworks who need additional technical support in the years that follow implementation. We generally refer to these as common administration and support efforts. Common ongoing services can include, but are not limited to: ƒSoftware plug-in updates ƒConfiguring new work templates ƒProviding additional training Black & Veatch has helped numerous clients expand Cityworks to Utilities, Public Works, Parks & Rec, Facilities, Fleet, Fire, Police, Planning and Zoning, and Beach Maintenance departments. ü CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 48 LONG-TERM SUPPORT AND MAINTENANCE ƒUpdating/revising technical configurations not previously identified as a need ƒDashboard/query updates and support ƒGeneral technical troubleshooting ƒNew employee configuration ƒUse-case scenario modeling ƒEmergency response ƒBusiness case analysis Black & Veatch has developed a communication and request mechanism that will allow us to receive, prioritize, and respond to requests from the City in an organized and expedited fashion. Our general approach includes: For repetitive or ongoing tasks such as staff augmentation for cyclical work, like monthly or quarterly updates, a single task order may be authorized to utilize over a defined time period. Following this general process, Emergency and High categorized requests are prioritized for immediate response. Also, requests for support identified as “day- to-day” administrative can bypass this review and authorization effort. Working with the City, Black & Veatch will refine our support protocols and add specifics to meet the City’s short- and long-term needs. ü • Clearwater makes request for support via phone, email, or meeting request. CITY REQUESTS SUPPORT RECEIPT BY BLACK & VEATCH AUTHORIZATION CATEGORIZE REQUEST SCOPE AND FEE COMMENTS APPROVAL • Black & Veatch acknowledges the request for support within eight hours in the form of written email response or collaborative phone/video/ conference call. • For larger requests – Clearwater may authorize up to 10 hours to allow for discovery and documenting high-level requirements associated with the work request. • Black & Veatch categorizes requests into one of four categories: • Black & Veatch submits written definition of work that includes task description, estimated level of effort using approved staff and rate schedule which includes itemized deliverables to complete task(s) within ten days of the written or verbal request. • Clearwater reviews and provides written comments and/or approval of work request following same timeframe response times before Black & Veatch can begin working. • Clearwater reviews and provides written approval and confirmation of work upon completion.• Emergency – Requires immediate response/support of 0-4 hours• High – Prioritized response/support of 1-5 days• Medium – Scheduled response of 5-10 days • Low – Requires scheduled response of 10-30 days CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 49 LONG-TERM SUPPORT AND MAINTENANCE Projecting Need and Support Hours Black & Veatch will work hand in hand with the City to identify technical support needs and future enhancement opportunities. As all technical support request vary in complexity and duration to complete, it is difficult to foresee all potential issues or enhancements that may arise. It is recommended that a not-to-exceed support task be authorized each fiscal year for Cityworks On-Call Support. This effort should be set-up and billed as a time and material task where Black & Veatch only invoices the City the hours we work, with support documentation provided in each invoice. While we are flexible to the amount of as-needed budget that the City wishes to establish, our Cost of Services herein is based on an annual amount of $60,000. This annual budget is anticipated to approximately cover one Senior Cityworks SME dedicated to the City for an average of four hours a week. Depending on the need and response time, additional staff or SMEs will be utilized where appropriate. Having a support task budget structured in this manner affords the City a safe budget amount to ensure there is no lapse in support or funding, and flexibility to use these funding for general technical support as well as enhancements depending on the needs that arise each year. Black & Veatch will perform the administrative duties similar to Task 6, but for the as-needed support for the additional five-year term. Rebecca Oliva (Project Controls and Administration) will support Nick Alexandrou (Project Manager) on this task. Black & Veatch has helped guide the Port to advance its Asset Management program. Their hands-on approach focused directly on improving our operations workflows to integrate Information Technology with our strategic Asset Management goals and objectives.” -CID TESOROVP, FACILITIES & ENGINEERING | PORT OF SAN DIEGO 6 Cost of Services CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 51 66 Cost of Services The scope of services described in Tabs 4 and 5 can be completed for the fees shown below, by task. TASK FEE TO CITY 1 – Define $93,000 2 – Discover $225,000 3 – Develop $190,000 4 – Deploy $86,000 5 – Support $15,000 6 – Project Management/Administration $71,000 Total $680,000 TABLE 3. Cost of Services - Implementation Our team will support the project for up to $60,000 per year for the five years of ongoing support to cover the example types of services described in Tab 5. 7 Other Forms CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 53 77 Other Forms Form 1. Exceptions/Additional Materials/Addenda Form Form 2. Vendor Information Form Form 3. Vendor Certification of Proposal Form Form 4. Scrutinized Companies Form Form 5. E-Verify Eligibility Form Form 6. Proof of Platinum or Gold Implementation Status with Cityworks Form 7. W-9 Form CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 54 OTHER FORMS 05-17-23 2 x Black & Veatch kindly requests the City consider making the following non-material change: Insert under Sec. 29: “City shall not acquire any rights to any of Black & Veatch or its subcontractors’ or vendors’ proprietary computer software that may be used in connection with the Services except as expressly provided in the scope of Services or as may be separately agreed.” CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 55 OTHER FORMS VENDOR INFORMATION Asset Management System 23 RFP #36-23 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: Phone: Fax: E-Mail Address:Website: DUNS # Order from Address (if different from above): Address: City: State: Zip: Fax: E-Mail Address: Fax: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. Black & Veatch Corporation N/A 1715 N. Westshore Blvd. Suite 725 Tampa FL 33607 813-207-7910 N/A AlexandrouNA@bv.com www.bv.com 09-225-5939 N/A AlexandrouNA@bv.com Remit to Address (if different than above): Address: City:State:Zip: Contact for Questions about this proposal: Name:Nick Alexandrou Phone:813-207-7956 Day-to-Day Project Contact (if awarded): Name:Nick Alexandrou Phone:813-207-7956 N/A AlexandrouNA@bv.com CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 56 OTHER FORMS CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 57 OTHER FORMS CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 58 OTHER FORMS CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 59 OTHER FORMS Black & Veatch is a Cityworks Gold Level Implementation Partner as shown on their website accessed on May 16, 2023 (https://www.cityworks.com/partner_categories/gold-partners/). CITY OF CLEARWATER | ASSET MANAGEMENT SYSTEM RFP #36-23  BLACK & VEATCH 60 OTHER FORMS Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification a Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS.Print or type. See Specific Instructions on page 3.1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) a Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) a 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number –– or Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person a Date a General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) BLACK & VEATCH CORPORATION ✔ 5 11401 LAMAR AVE. OVERLAND PARK, KS 66211 43 1833073 January 1, 2023 Consultant Work Order – City Deliverables Page 1 of 27 Revised: 11/28/2022 EXHIBIT A Date: 10/13/2023 1. PROJECT INFORMATION: Project Title: Asset Management System Implementation City Project Number: City Plan Set Number: Consultant Project Number: 2. SCOPE OF SERVICES: Black & Veatch’s (ENGINEER) work execution plan follows a hybrid-agile approach. The first two tasks of the scope, Define and Discover, occur sequentially in the style of a traditional waterfall execution plan. The third phase, Develop, occurs as a series of agile sprints that allows Cityworks to be Designed, Built, Tested, and Revised through a controlled iterative process. The fourth phase, Deploy, will be performed as a waterfall approach with the device configuration and user training followed by go-live deployment and the fifth task, Support, which provides ongoing support after the project is complete. Consultant Work Order – City Deliverables Page 2 of 27 Revised: 11/28/2022 I. Task 1. DEFINE: In this first task, the project team will establish the protocols and procedures to ensure success. A project governance committee will be established that develops and oversees change management plans, communication plans, and stakeholder engagements. Additionally, adoption and competency checks and the City of Clearwater’s (City) program- wide training framework will be established. Task 1.1: Establish Project Governance ENGINEER shall assist the City with the development of a Project Governance Committee. This committee will be comprised of City and ENGINEER representatives. Nick Alexandrou, Project Manager, will co-chair this committee with City staff from each facility group (Administration, Water Treatment and Wellfields, Wastewater Treatment, Distribution, Reclaim and Collections, Maintenance and Lift Stations, Warehouse and Meter Shop), who will be identified as the Cityworks program owners/champions. Project Governance Committee shall meet monthly for the full project duration (18 months) to review project status, risks, trends, and upcoming efforts. ENGINEER, along with the Project Governance Committee, shall develop a project charter which will define and develop the project’s governance model, project- level decision criteria, list of key stakeholders, Responsible-Accountable- Consulted-Informed (RACI) matrices, Risk-Action-Issue-Decision (RAID) log, escalation management strategies, exit criteria, change control process, and acceptance criteria. The committee will also be responsible for the development and oversight of change management planning, monitoring and measuring program adoption, communication planning, and approving standards developed throughout the project. For broader decisions related to policies, procedures, and practices that could impact stakeholders from outside of the Utilities department, an ‘Enterprise Governance Committee’ shall be formed with stakeholders from all relevant departments to review and agree upon Enterprise-wise decisions that will impact those Departments’ future implementation of Cityworks and/or integrations with Cityworks. Task 1.2: Change Management Plan ENGINEER shall facilitate four (4) half day workshops. These workshops will be on-site/hybrid sessions that will help evaluate and develop a change management plan that the Cityworks implementation program shall follow. The first session will be with stakeholders from the both the water and wastewater treatment plants, and second session will be with stakeholders from the distribution and collection systems, the third session will be with Utility department management, and the final session will be with stakeholders from Consultant Work Order – City Deliverables Page 3 of 27 Revised: 11/28/2022 IT. Topics to be discussed and included in the change management plan include, but are not limited to: • Specific Changes and Change Types • Impacted groups • Resistance identification • Mitigation strategies • Change readiness • Risk assessment ENGINEER will monitor changes in the project scope and vision and adapt the plan accordingly with City review and approval. ENGINEER will develop and provide access to the City a PowerBI Change Management Tracking Platform to monitor when each Utility group will be exposed to changes, the type of change, and if certain staff or groups are projected to be “overloaded” with changes. Task 1.3: Communication Plan Members of the Project Governance Committee will serve as the key points of contact for their group and will be responsible for communicating the right messages regarding the changes to come, why they are important, and how they fit into the big picture of Cityworks usage. ENGINEER shall work with the Governance Committee to develop a communication plan for the major phases and changes anticipated for the project. The Communication Plan will include, but is not limited to, the following components: • Stakeholder(s)/Recipient(s) • Owner(s) • Content • Frequency • Priority • Delivery Method Task 1.4: Training Program Framework Before developing training materials, ENGINEER shall work with the Project Governance Committee to develop a training framework that defines: • Role based courses • Curriculum requirements • Training material standards • Training delivery approaches • Training schedules, including refresher training plans The framework, and the standards defined within it, will be used to develop training materials, videos, and recordings that will be delivered on-site in Task 4.2 - Hands-on User Training. This training program framework will be presented to the Project Governance Committee for review, comment, and approval. Consultant Work Order – City Deliverables Page 4 of 27 Revised: 11/28/2022 Task 1.5: Adoption and Competency Checks During the Discover, Develop, and Deploy phases, City stakeholders will be introduced to new technology and business process changes. It is important to track those changes and measure their effectiveness. Changes are tracked in the monitoring platform developed in Task 1.2 - Change Management Plan, but their effectiveness is measured through competency checks. ENGINEER shall define when competency checks will be assigned, who they should be assigned to, the criteria to be covered, and the acceptable pass/fail scoring. Competency checks will take the form of questionnaires, mini-quizzes, and self-guided assessments. ENGINEER shall develop the content of the competency checks for the Project Governance Committee to review and approve ahead of assignment to staff. Additionally, final platform user acceptance testing will be developed and approved by the Governance Committee. These will include the testing acceptance requirements, scenarios, and workflows for users to evaluate. II. Task 2. DISCOVER: ENGINEER shall work hand in hand with City stakeholders from all groups to understand current conditions, review and document as-is business processes, identify technical and functional requirements, perform a data readiness assessment, and gain an understanding of any integration requirements with existing City enterprise systems. Task 2.1: Data Quality and Readiness Assessment Data accuracy, consistency, and completeness is a foundational component for any computer maintenance management system (CMMS). In this effort, ENGINEER will evaluate the data associated with the asset hierarchy, asset registry, and the City’s historical operations and maintenance (O&M) work history. Subtask 2.1.1: Asset Hierarchy Assessment ENGINEER shall host four (4) on-site workshops centered around asset hierarchy, asset types, and asset attribution. The workshops will center on plants and facilities where non-spatial (vertical GIS) assets are found: • Water Reclamation Facilities (full day) • Water Treatment Plants (full day) • Lift Stations & Pump Stations (half day each) • Wellfields (half day) ENGINEER shall guide stakeholders through the development of an asset hierarchy that supports easy navigation for O&M activities, as well as asset and Consultant Work Order – City Deliverables Page 5 of 27 Revised: 11/28/2022 cost roll-up for finance, Utilities Management, and asset management business initiatives. ENGINEER shall also guide stakeholders in defining the ‘parent-child’ relationships that support the hierarchal structure, as well as defining what constitutes an ‘asset’ and should be included in the hierarchy, as well as the attributes and criteria that should be tracked for each asset type. ENGINEER shall document the hierarchal structures into a technical memo. Comments received by the City will be updated and reflected in the Final memo. This will be used to develop and update the City’s Enterprise Geodatabase and put into production in Task 3.2 – Asset Registry Inventory/Data Collection. Subtask 2.1.2: Asset Registry Assessment ENGINEER shall evaluate existing data for distribution, reclaimed, and collection systems (linear assets) in GIS, OWAM, and captured as part of Master Planning and Condition Assessment efforts. ENGINEER shall also review existing plant, lift station, reclaim water booster station, and wellfield assets (vertical assets) inventory data housed in Oracle WAM (OWAM) or other systems and data sources, where available. Data will be evaluated for its readiness to be used by Cityworks. Common characteristics to be evaluated include, but are not limited to: • Asset identification and naming standards • Asset attribute standards, usage, consistency, and completeness • Data duplication • Data redundancy • Organizational standards ENGINEER shall document the results of the asset registry assessment as a data gap and needs technical memo. This will steer the data collection plan and efforts to follow in Task 3.1 - Asset Registry Database Development and Task 3.2 – Asset Registry Inventory/Data Collection. Subtask 2.1.3: Historical O&M Data Assessment ENGINEER shall assess existing O&M data recorded in OWAM. ENGINEER shall also assess existing data not tracked in OWAM including backflow inspections, water samplings, wellfield monitoring data, and data captured as part of Master Planning and Condition Assessment Efforts. Data evaluation will focus on legacy work orders and inspections. Data will be evaluated for its quality and feasibility for migration including, but not limited to: • Costs • Dates • Unique assets worked on • Work types • Comments to determine data quality and feasibility for migration Consultant Work Order – City Deliverables Page 6 of 27 Revised: 11/28/2022 ENGINEER shall document the results of this assessment into a Historical O&M Data Migration Plan to be executed in Task 3.3 - Iterative System Configuration. Task 2.2: Technical Requirements Assessment Understanding and documenting the technical requirements for a Cityworks implementation helps ensure the configuration is implemented efficiently, is scalable to other departments, and meets the highest security requirements possible. Subtask 2.2.1: IT Discovery ENGINEER shall host two (2) half-day hybrid workshops with IT and Utilities stakeholders centered around IT requirements. This discovery effort will identify, evaluate, and provide guidance on the following examples: • Cityworks Platform and Licensing o Cityworks Online Security and Accessibility Overview o Contract and Licensing model evaluation o Plug-in Requirements • Cybersecurity Protocols • Data Format Standards o SQL, Excel, fgdb, Enteprise Geodatabase, and others • Mobile Devices o What devices are currently in use, what devices are a best fit for City staff on a use case basis, how many, and for whom should they be assigned? • Enterprise GIS o Esri Licensing Needs o ArcGIS Accessibility (externalized vs. internal with VPN) o ArcGIS Platform Version (ArcGIS Portal and/or ArcGIS Online) o ArcGIS Performance • Server and RDBMS requirements • Network accessibility • Attachment Storage/Documentation Links o SOPs, O&M Manuals, Drawings, Diagrams ENGINEER shall document the results of these workshops and discussions in an IT Requirements and Recommendations Document to be used as a guide in Task 3.3 - Iterative System Configuration. The results of the Enterprise GIS evaluation and recommendations will be documented in a separate memo. Subtask 2.2.1: Integration Requirements Consultant Work Order – City Deliverables Page 7 of 27 Revised: 11/28/2022 A fully mature CMMS provides the most value to an organization when it is integrated and communicates with other business critical enterprise systems. ENGINEER shall host six (6) on-site half-day workshops, with follow-up meetings as-needed, to identify and document system integration requirements. Existing systems that are already known and may require integration with Cityworks include: • SeeClickFix for customer service requests • Cayenta for customer billing, account turn off/on • Tyler MUNIS for material procurement • GraniteNet for PACP CCTV • ATL SampleMaster LIMS for laboratory sampling • LaserFiche and Accela for Document Management In addition to the known software systems, ENGINEER will conduct an evaluation and fully document any remaining legacy software currently in use by the Utilities department. ENGINEER will document their size, maturity, and criticality to operations. ENGINEER will produce a document that outlines a summary of the software and applications in use by the Utilities department, whether they will require an integration, and a recommended phasing for integration. Additionally, ENGINEER will document the integration requirements for the top six (6) software systems identified by ENGINEER and Utilities department as mission critical, considering complexity, criticality, and operational impact. This will include up to six (6) unique Integration Requirements documents that will include, but not limited to: • Integration workflow diagram(s) • Data directionality • Data to be exchanged • Data exchange frequency and/or triggers • Data exchange method (API, webservices, webhooks, etc.) The execution of integrations will be implemented within Task 3.5 - Integration Development. Task 2.3: Functional Requirements (Business Process Review) Functional requirements gathering is key to ensuring that Cityworks is configured in a manner that supports existing business needs, optimizes business processes, and is prepped for future enhancements and scalability. Subtask 2.3.1: Existing Business Workflows and Process Reviews ENGINEER shall utilize national subject matter experts, and local resources with intimate knowledge of the City, to meet with stakeholders for three (3) full weeks of in-person workshops with management and operations teams from each Utility group (Administration, Water Treatment and Wellfields, Wastewater Consultant Work Order – City Deliverables Page 8 of 27 Revised: 11/28/2022 Treatment, Distribution and Collections, Maintenance and Lift Stations, Warehouse and Meter Shop) to discuss and evaluate existing business processes. Common business processes include, but are not limited to: • Standard Preventative vs. Corrective Maintenance Processes • Assignment & Equipment Tracking (for individual users and groups) • Map representation of individual, group, division, and department work activities • Emergency Repairs • Issue Identification and Work Escalation Planning • Cyclical Inspections/PM’s vs. Runtime PM’s • Material Management o Requisitions, Purchasing, Receivals, Storage, Transfers, Installs, Non-standard materials o Mobile Storerooms, Warehouse, and Central hubs • Equipment Management ▪ Work Communication Protocols o Email/Text o When should communication occur o Who should communication be sent • Internal and External Service Requests Processing • Regulatory Compliance • Labor, Equipment, and Material Cost Assignments and Updates • Underground Utility Locate Process • Routine Samplings • External Claim Processing • Engineering/Construction Management • Contractor/External Workforce Maintenance and Cost • Backflow Management • Failure Codes • Work Order Management Cycles o Assignment o Fulfillment o Review o Close Out ENGINEER shall document the findings of the workshops into as-is workflow diagrams that will serve as the starting point for to-be, best practice, workflow diagrams developed in Task 2.3.2 – Develop Best Practice Protocols. Consultant Work Order – City Deliverables Page 9 of 27 Revised: 11/28/2022 Subtask 2.3.2: Develop Best Practice Protocols Following the evaluation of the City’s existing business processes, ENGINEER shall develop recommended ‘to-be’ business workflow diagrams and business process configuration requirements that will follow Cityworks best practice, as well as optimize the City’s communication and workforce efficiencies. These ‘to-be’ workflows will help drive platform configuration and will be used to communicate change and educate staff impacted by the updated and/or new processes. Additionally, ENGINEER will develop a list of standardized maintenance activities, per asset type, to be used as Cityworks ‘templates’ for work orders, inspections, and service requests. The list of activities will be comprehensive and account for preventative, corrective, sampling, and regulatory requirements. Task 2.4: Reporting/Dashboarding Requirements ENGINEER shall host up to two (2) half-day on-site workshops to identify existing and new reporting requirements. The results of these discussions and reviews will be a catalog of Key Performance Indicators (KPIs), financial and O&M performance metrics, and a listing of static reports to be developed/migrated onto the Cityworks platform. KPIs will include, but are not limited to, asset inventory and performance, financial metrics, regulatory compliance, and workforce efficiencies. Common KPIs include, but are not limited to: • Average service request response time • Monthly average work order costs, and percent change compared to previous months • Average number of labor hours per work activity • Average equipment, labor, and material costs per work activity • Preventative vs. reactive ratio • Number of work activities completed - by date range • Summary costs per facility, system, and subsystem - by date range • Preventative maintenance compliance rate • Percent of work activities that required a “repeat repair” • Number of SSO’s – by date range Common static reports include, but are not limited to: • FDEP CCP Reporting • SWFWMS Reporting • Summary performance and financial metrics for divisions • Monthly usage and financial reporting Consultant Work Order – City Deliverables Page 10 of 27 Revised: 11/28/2022 • Water Quality reporting (flushings, complaints, purging/levels, sampling results, autoflusher meter reads, etc.) • Safety/Incident reporting Once KPIs have been defined, ENGINEER shall review available dashboarding platforms to identify best-fit for the City. Recommended platform will likely be based in Cityworks, ArcGIS, PowerBI, or a combination of all three. ENGINEER shall develop and present sample dashboards that account for City branding standards and presentation platform requirements. These design elements will be documented in a Dashboard Branding and UX Guideline Document for use in Task 3.4 - Reporting/Dashboard Development. Through coordination and one-on-one meetings with stakeholders ENGINEER shall develop a user access matrix that outlines user roles and the types of dashboards they should have access to. Task 2.5: Asset Data and Ownership Standards Development Having proper policies, procedures, and processes in place for the management of data ensures that the City will continue to build trust in the data, and confidence in their decisions. Two important standards that will help sustain long-term success are based around asset lifecycle management and asset data editing. Subtask 2.5.1: Asset Lifecycle Management Standards Defining and implementing best-practice asset lifecycle management and asset data editing/management standards is critical to having standardized maintenance planning and reliable, trustworthy data. ENGINEER shall host up to four (4) half-day hybrid workshops centered around developing Standard Operating Procedures (SOPs) for asset and data lifecycle management. SOPs can cover a broad range of subjects, but will typically include: • New Asset Onboarding o Including procedure for contractors and vendors to follow, with a standardized template to provide inventory list of assets for efficient upload and prep for O&M activities. • Documenting Swap-outs & Replacements • Standardizing the use of Problem, Cause, Remedy Codes for Root Cause Failure Analysis • Asset Decommissioning Consultant Work Order – City Deliverables Page 11 of 27 Revised: 11/28/2022 ENGINEER will help to develop up to six (6) SOPs specific to using Cityworks for asset lifecycle management. These will help guide system configuration as well as serve as educational material during training. Subtask 2.5.2: Data Editing Standards and Procedures Asset data editing standards address roles and responsibilities, data validation, attribute rules, QC processes, nightly geodatabase maintenance, and versioned editing guidelines, to name a few. ENGINEER will work through multiple sessions with City IT and GIS staff around existing data editing workflows, standards, and procedures. The findings from these discussions will be used to develop and/or update City of Clearwater GIS Data Editing Standards and Procedures documents that will cover, at a minimum: • GIS User Roles and Responsibilities • GIS User Access • Versioned Editing • Data QC Processes • Handling Field Mark-ups • Data and Attribute Validation • Schema Changes • Geodatabase Performance Administration III. Task 3. DEVELOP: This is the configuration and implementation phase. ENGINEER will utilize all documented information from the Discover phase to build-out the Cityworks environment to meet the needs of the City. Task 3.1: Asset Registry Database Development Building on Task 2.1 - Asset Hierarchy Assessment, ENGINEER shall develop a geodatabase design for facility assets in an Esri geodatabase format. Based on the results of asset registry design workshops, a draft registry will be developed and populated with a sample set of assets for water reclamation facilities, water treatment plants, lift stations, pump stations and wellfields. The geodatabase will be reviewed along with the sample data in a series of four (4) two-hour remote workshops to provide a reference to City staff for what the hierarchy designs will look like within Cityworks. The hierarchy designs will go through up to two (2) rounds of review for each facility type before being considered final and ready for production implementation. Task 3.2: Asset Registry Inventory/Data Collection Consultant Work Order – City Deliverables Page 12 of 27 Revised: 11/28/2022 During discussions conducted during Task 2.3 - Asset Registry Assessment regarding maintenance managed items, ENGINEER will have coordinated with City staff to gather all necessary source data for asset repository data population. Source data will include existing databases, reports, construction drawings, and inventories developed by third-party engineering firms as part of master planning or other efforts (commonly provided in excel format). Once acquired, ENGINEER will use those sources to populate the GIS asset registry with maintenance managed items. Once the asset data population is completed for an entire plant or facility, it will go through an independent quality review check by the project quality assurance team. The final geodatabase will be delivered to the City to be included in the City’s enterprise GIS. Once the updated facility geodatabase has been incorporated into the City’s Enterprise GIS, ENGINEER will develop field collection apps and deploy a two- person team to inventory maintenance managed assets at three (3) water reclamation facilities, three (3) water treatment facilities, seventy-eight (78) lift stations, three (3) reclaimed water pump stations, and one (1) wellfield. ENGINEER will utilize subject matter experts to assist the two-person team inventory and document assets, as needed. These SME’s include, but are not limited to, mechanical, electrical, civil, and process engineers. Estimates for the field collection assume three (3) full days for each treatment plant, four (4) lift stations per day for a total of twenty (20) full days, one (1) full day for reclaimed pump stations, and two (2) full days for the wellfield. ENGINEER shall develop and grant access to a field collection progress monitoring dashboard for use by City stakeholders, as well as an asset data QC app for reviewing and correcting field captured data. Field data collection efforts, as well as monitoring and QC apps, will leverage the City’s existing ArcGIS Portal environment. If this is not possible, ENGINEER will use ArcGIS Online as an intermediate step to collect data and will provide the collected assets in a file geodatabase with tables that can be appended directly into the City’s Enterprise Geodatabase. Task 3.3: Iterative System Configuration Following the functional and technical specifications defined in Task 2, ENGINEER shall conduct an iterative configuration process that is based on choosing a subset of requirements identified in the Configuration and Implementation Plan, configuring the system to support that subset of requirements, reviewing those configurations with IT and Utilities staff in a workshop, adjusting the configuration based on feedback from the workshop, and then repeating the process again up to a total of four (4) times per group (Administration, Water Treatment and Wellfields, Wastewater Treatment, Consultant Work Order – City Deliverables Page 13 of 27 Revised: 11/28/2022 Distribution, Reclaim and Collections, Maintenance and Lift Stations, Warehouse and Meter Shop). Sessions will be held hybrid in-person and remote. Configuration subset requirements may include, but are not limited to: • GIS Map(s) Layout and Set-up • Work Order, Inspection, and Service Request Templates • Work Activity Priority and Statuses • Process Workflows • Respond User Dashboard Set-up • Respond Style Profiles for Page Layouts • Group Membership • User Permissions • Crew Employee, Labor, and Equipment Assignments • Contractor access/use-cases • Material Management • Emergency Repairs • Work Escalations ENGINEER shall configure Cityworks for the use at Plants and Lift Stations. This will incorporate, but is not limited to: • Each facilities hierarchal tree for easy navigation • User and Role based permissions for accessing hierarchies and functionality • Security permission for adding/editing/removing assets The configuration will go through a similar iterative design-build process, up to two (2) rounds of review for each group (Water Treatment, Wastewater Treatment, Distribution & Pump Stations, Collections & Lift Stations, and Wellfields). If opted for, ENGINEER will conduct the configuration through Black & Veatch’s ‘Plantworks’ plugin, which optimizes the Cityworks user experience and interface for working with vertical assets. This will be discussed, determined, and negotiated separately from this implementation contract. All iterative changes are recorded and tracked in a configuration log that will serve as the tracking and acceptance document for each configuration change. This allows for frequent City participation and feedback preventing misunderstandings in how the system will function and be configured. Additionally, ENGINEER shall follow the historical O&M data migration plan developed in Task 2.4 - Historical O&M Data Assessment to migrate historical O&M data into Cityworks. City acceptance evaluation will be conducted through a one (1) on-site workshops that highlights how the data was imported and organized in the system, and how the data was successfully tied to assets and/or Consultant Work Order – City Deliverables Page 14 of 27 Revised: 11/28/2022 addresses for tracking and financial reporting. A summary report will be provided that will include, but is not limited to: • Number, or percent, of work activities imported into Cityworks • Number, or percent, of work activities that were successfully tied to an asset and/or address • Number, or percent, of work activities that were able to incorporate historical costs • Number, or percent, of work activities that were able to retain images/attachments/comment logs After the review workshop, ENGINEER shall make the necessary updates and import the historical data into the Production Cityworks environment. Task 3.4: Reporting/Dashboard Development ENGINEER shall develop/transform up to fifteen (15) custom reports in the City’s preferred reporting platform (Crystal Reports, SSRS, Power BI) that were identified in Task 2.4 Reporting/Dashboarding Requirements. Reports will have two rounds of City review before being considered final and ready for production use. ENGINEER shall also develop up to six Dashboards (separate from any Respond User Inbox Dashboards used for executing and monitoring work activities) to be used by stakeholders to monitor work management KPIs, work order cost metrics, system usage, and workforce performance efficiency. Dashboard development will follow the guidelines and requirements outlined in Task 2.4 Reporting/Dashboarding Requirements, and will be subject to two (2) rounds of review before being deployed in the production environment. Task 3.5: Integration Development Following the technical and functional requirements, as well as the schedule and roadmap outlined in Task 2.7 Integration Requirements, ENGINEER shall provide two (2) senior application developers as support to the City’s IT department for up to two hundred (200) hours each, to assist City IT with the development, testing, and roll-out of integrations. In this task, the City’s IT department will be the lead integrators, with ENGINEER serving in an advisory and technical support role. After each system is integrated into a development environment, ENGINEER will assist with independent testing, and shall develop scenario testing to execute with stakeholders from each system to ensure expectations are met and all users have been trained and educated on the nuances of their integration. Once the integration has been tested and accepted by stakeholders, ENGINEER will assist City IT with migrate and executing the integration into the production Cityworks environment. Consultant Work Order – City Deliverables Page 15 of 27 Revised: 11/28/2022 Task 3.6: Acceptance Testing Before ‘go-live’, the City will have the opportunity to test the final Cityworks build-out to confirm it meets technical and functional requirements. Testing will be a completed as defined in Task 1.5 Adoption and Competency Checks. During the testing process the appropriate documentation will be updated with scenarios and checklists specific to each work group’s configuration and required integrations. ENGINEER will facilitate on-site and remote testing, and City end- users will sign off on pass/fail designations. Defects requiring correction will be identified, corrected, and re-tested up to two (2) times per group (Administration, Water Treatment and Wellfields, Wastewater Treatment, Distribution, Reclaim and Collections, Maintenance and Lift Stations, Warehouse and Meter Shop). Once configuration and integrations have been accepted, the related documents will be updated with any resulting changes to the associated configuration. IV. Task 4. DEPLOY: Deployment is where the “rubber meets the road”. This is where the culmination of all the planning, design, configuration, evaluation, and testing performed up to this point are put in production and Cityworks becomes the focal point of work management and communication for the Utilities department. Black & Veatch recognizes the importance of a planned and well communicated roll-out and will work closely with the Governance Committee to schedule and sequence device set-up, training, and go-live for each group. Task 4.1: Device Configuration ENGINEER shall host a two-hour on-site session with each group (Administration, Water Treatment and Wellfields, Wastewater Treatment, Distribution, Reclaim and Collections, Maintenance and Lift Stations, Warehouse and Meter Shop) to ensure their mobile devices, tablets, and/or computers are prepped and ready for training and subsequent go-live. Common configuration set-up can include device assignment, app installs, app preference settings, multi-factor authentication (MFA) configuration (if needed), VPN configuration (if needed), confirming staff account access, and sign-in verification. ENGINEER shall document device configuration standards in a Cityworks Device Configuration Document to be used by the City in the future. Task 4.2: Hands-on User Training ENGINEER shall develop the materials, videos, and quick reference user guides necessary to deliver user training through four (4) different courses. Users will be assigned to their specific course(s) based on their role and typical daily work activities. All materials developed for the training will be provided to Project Consultant Work Order – City Deliverables Page 16 of 27 Revised: 11/28/2022 Governance Committee for review and approval and will serve as the foundation for the City’s Cityworks Training Program. The four proposed courses are: 1. Administrators 2. Managers & Supervisors 3. Operators & Technicians 4. Material Management The following outline shows the agenda for each of the four recommended courses. • CITYWORKS ADMINISTRATORS COURSE EXAMPLE AGENDA Grouping: All Administrators Duration: 4 days onsite Purpose: Staff will have the knowledge and materials necessary to provide internal support and Cityworks administration to the Department. Day 1 • Navigating the Cityworks User Interface • Using the Cityworks Map • How to Create and Assign Work Activities (Service Requests, Inspections, Work Orders) Day 2 • Creating Preventative Maintenance Schedules • Respond Management (Queries, Dashboards, Side-menu Management) Day 3 • System Administration • Adding/Deactivating Employees • Groups, Crews, Employee Relates, Employee Plugins • Work Activity Templates • Labor, Materials, and Equipment Day 4 • Technical Maintenance (Plugin Updates, System Updates, System Patches) • System and Usage Monitoring/Cleanup • MANAGERS AND SUPERVISORS COURSE EXAMPLE AGENDA Grouping: Individual supervisor groups, as they are scheduled to be brought online Duration: 2 days onsite Purpose: Staff will have the knowledge and materials necessary to create, manage, monitor, review, and report on activities that occur and are documented within the Cityworks system. Day 1 • Navigating the Cityworks User Interface • Using the Cityworks Map • How to Create and Assign Work Activities (Service Requests, Inspections, Work Orders) Day 2 • Creating Preventative Maintenance Schedules • Work Activity Monitoring, Reviewing, and Closing • Handling Work Escalations • Performance Metric Monitoring (Dashboard Usage, Reporting) Consultant Work Order – City Deliverables Page 17 of 27 Revised: 11/28/2022 It is anticipated that go-live will be staggered, with each group being brought on- line sequentially, one week after the other. We recommend administrator training being held all at once; However, the full day managers, operators, and technician training sessions should only be provided to the group that is scheduled to be brought online the following week. This ensures that users who are scheduled to go-live attend training right before their go-live dates. Training will be provided for four full weeks, with a fifth week reserved if needed. The exact grouping of staff, their training content and materials, and the sequencing of their training sessions, will be determined by the Project Governance Committee. The culmination of the on-site training sessions will be a competency checks to measure and quantify user understanding and adoption. An additional week of training has been factored into the project schedule and fee if the results of the competency checks do not meet the Project Charter’s level of expectations. Task 4.3: Cityworks Go-Live Roll Out Once training is completed and the competency check meets the Project Charter’s defined standards - a “Go-Live” date will be determined by the Project Governance Committee and ENGINEER for each group within the Public Utilities department. ENGINEER shall provide two (2) senior Cityworks specialists to be on-site for two (2) days per group to support Cityworks production roll-out. On-site ENGINEER • OPERATORS AND TECHNICIANS COURSE EXAMPLE AGENDA Grouping: Individual Operator/Technician groups, as they are scheduled to be brought online Duration: 1 full day per group (water treatment plant operators, wastewater treatment plant operators, water distribution and reclaim operators, wastewater collections operators) Purpose: Focus on the Cityworks Mobile Application and/or Respond Web Application. Day 1 • Reviewing your Work Assignments in your Inbox and Map • Adding Labor Hours, Equipment Usage, and Material Quantities • Adding Comments and Photos • Performing Observations • Recommending Follow-up Actions & Escalations • Completing the Work Assignment • MATERIAL MANAGEMENT COURSE EXAMPLE AGENDA Grouping: All warehouse and material management staff together Duration: 1 full day Purpose: Focus on the Cityworks Storeroom plug-in and its use for material management at the City. Attendees will be warehouse management and procurement staff. Day 1 • How to perform: Requisitions, Receivals, Transfers, Assignments • Performing and Scheduling Audits • Cost and Material Data Maintenance Strategies Consultant Work Order – City Deliverables Page 18 of 27 Revised: 11/28/2022 staff will be available to resolve technical issues from staff, answer questions, provide additional training (small group, 1-on-1, etc.) and perform general technical triage should any issues arise. V. Task 5. INITIAL GO-LIVE SUPPORT: This initial support task will help to fill the gap between ‘go-live’ and long-term maintenance support, by providing direct and immediate administrative and technical support to the City for the calendar month immediately following go- live for all groups. ENGINEER shall make appropriate team members available for up to eighty (80) hours to fulfill requests from the City and provide remote and on-site support to assist with common technical support items, including but not limited to: • User access • Reporting updates and support • Software/Plugin updates • Configuring new work templates • Revising technical configurations • Dashboard/query revisions or updates • General technical troubleshooting After one month of technical support, the project team will transition into long- term maintenance and support, detailed in a separate Work Order. VI. Task 6. PROJECT MANAGEMENT/ADMINISTRATION: ENGINEER shall perform general administrative duties associated with the Project, including project set-up, resource management, progress monitoring, scheduling, general correspondence, office administration, and invoicing. ENGINEER shall maintain the schedule and an accurate project documentation, filing, and cost accounting system throughout the project. ENGINEER shall manage the Quality Assurance process. 3. PROJECT GOALS & DELIVERABLES: The primary goal of this project is to assist the City in transitioning the Public Utilities Department to a modern, comprehensive, and user-friendly work management system using the Cityworks platform. This initiative will streamline and enhance the department's work management processes, thereby increasing efficiency, data accuracy, and communication. The plan comprises five key tasks, each with distinct objectives that collectively contribute to the successful realization of the project's overarching aim. Task 1: Define Consultant Work Order – City Deliverables Page 19 of 27 Revised: 11/28/2022 Objective: To understand the City's current work management practices, identify gaps, and establish a robust foundation for the project. This task aims to carry out comprehensive assessments of the existing system, understand user requirements, define roles and responsibilities, develop a training plan, and create a detailed project schedule. Deliverables: Subtask Deliverables Workshops Subtask 1.1 1. Project Governance Committee Monthly Progress Meeting Minutes 2. Project Charter 3. Project Governance Documentation 1. Monthly Governance Committee Meetings (Up to eighteen) Subtask 1.2 4. Change Management Plan 5. Change Management Tracking Platform (PowerBI) 2. Four (4) half-day hybrid workshops Subtask 1.3 6. Communication Plan Subtask 1.4 7. Training Program Framework Subtask 1.5 8. Delivery and Grading Standards 9. Content and Materials 10. User Acceptance Testing Criteria Task 2: Discover Objective: To design a robust, effective, and tailor-made work management system based on the information gathered during the Discovery phase. This involves designing asset hierarchies, assessing current data, developing requirements for reporting and dashboarding, and planning for system integrations. Deliverables: Subtask Deliverables Workshops Subtask 2.1 1. Asset Hierarchy Technical Memo 2. Data Gap, Needs, and Readiness Technical Memo 3. Historical O&M Data Migration Plan 1. Two full day workshops, two half day workshops Consultant Work Order – City Deliverables Page 20 of 27 Revised: 11/28/2022 Subtask Deliverables Workshops Subtask 2.2 4. IT Requirements and Recommendations 5. Enterprise GIS Recommendations 6. Software and Licensing Support 7. Software/Application Integration Evaluation and Roadmap 8. Up to Six Integration Requirements Memos 9. Integration Roadmap Document 10. Two half-day IT workshops 11. Six half-day integration workshop Subtask 2.3 12. As-is Business Process Workflow Diagrams 13. To-be Business Process Workflow Diagrams & Process Config Requirements 14. Standardized Maintenance Activity Templates 15. Three full weeks of business process workshops Subtask 2.4 16. Dashboarding platform recommendations 17. KPIs and Metrics Catalog 18. Dashboarding Branding and UX Guidelines 19. Two half-day Dashboard and Reporting Workshops Subtask 2.5 20. Up to eight asset lifecycle SOPs 21. GIS Data Editing Standards and Procedures Documentation 22. Four half-day asset lifecycle workshops Task 3: Develop Objective: To build and configure the Cityworks system based on the specifications and requirements defined in the Develop phase. This involves developing an asset registry database, data collection, iterative system configuration, developing reports and dashboards, creating system integrations, and performing acceptance testing to ensure the system meets the City's requirements. Deliverables: Consultant Work Order – City Deliverables Page 21 of 27 Revised: 11/28/2022 Subtask Deliverables Workshops Subtask 3.1 1. Esri geodatabase configured with final asset hierarchy schema 1. Four two-hour geodatabase & hierarchy review workshops Subtask 3.2 2. File geodatabase loaded with all existing assets 3. Field data collection tools for asset inventorying 4. Field data collection monitoring dashboard 5. Field data collection review and QC app Subtask 3.3 6. Iterative Cityworks configuration 7. Iterative Plantworks configuration 8. Configuration change log 9. Historical O&M data migration 10. Historical O&M data migration summary report 11. Up to four Cityworks iterative review sessions, with up to six groups 12. Up to two Plantworks iterative review sessions, with up to six different groups 13. One half-day historical O&M data migration review workshops Subtask 3.4 14. Up to fifteen static reports 15. Up to six dashboards Subtask 3.5 16. Two senior application developers for up to 200 hours, each Subtask 3.6 17. Acceptance testing documentation and checklists 18. Up to two rounds of acceptance testing revisions to Cityworks, for each group stated, documented in a config revision log Task 4: Deploy Consultant Work Order – City Deliverables Page 22 of 27 Revised: 11/28/2022 Objective: To ensure a seamless transition of the City's Public Utilities Department to the new Cityworks system. This involves device configuration, hands-on user training, and managing the go-live rollout. The aim is to ensure all system users are competent and comfortable with the new work management system, paving the way for successful implementation. Deliverables: Subtask Deliverables Meetings & Workshops Subtask 4.1 1. Support for configuring City purchased mobile devices, tablets, and computers for Cityworks training and go-live 2. Device Configuration Standards Document 1. Two-hour on-site device config sessions with each group stated Subtask 4.2 3. Four weeks of on-site training sessions. Fifth week reserved if needed. 4. Training Materials and Content Subtask 4.3 5. Two senior Cityworks specialists on-site for two days (per group – up to 6 days) Task 5: Initial Go-Live Support Objective: To provide immediate administrative and technical support to the City post go-live, thereby ensuring a smooth transition to the new system. This involves addressing common technical issues, user access, configuring new work templates, revising technical configurations, updating reports, and software/plugin updates. The support period extends for one calendar month post go-live before transitioning into long-term maintenance and support. Deliverables: Deliverables for support will be determined and communicated to stakeholders as needs arise. Task 6: Project Management/Administration Objective: The objective of Task 6 is to ensure efficient and effective project management and administration throughout the project's life cycle. This task aims to maintain proper resource allocation, accurate schedule tracking, comprehensive project documentation, and transparent financial accounting to ensure the project's seamless execution. Additionally, it encompasses managing the quality assurance process to ensure that every aspect of the project aligns with the set standards and expectations, thereby guaranteeing the project's overall success. Consultant Work Order – City Deliverables Page 23 of 27 Revised: 11/28/2022 Deliverables: Comment-Response Logs, Progress Status Reports; Document Catalog; and regular project updates with City’s PM to communicate progress and discuss any issues, improvements, or necessary changes to project delivery. 4. FEES: See Attachment “A”. This price includes all labor and expenses anticipated to be incurred by Black & Veatch for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate, for a fee not to exceed one million, six hundred thirty-nine thousand, six hundred nine ($1,639,609) Dollars. 5. SCHEDULE: The project is to be completed in 18 months from issuance of notice-to-proceed (NTP). The project deliverables are to be phased as follows: Task Deliverable/ Milestone Weeks Following NTP Notice to Proceed (NTP) 1 Define 78 (Full Project Duration) 2 Discover 30 3 Develop +30 4 Deploy +10 5 Initial Go-Live Support +8 6 Project Management / Administration 78 (Full Project Duration) Total Duration: 78 Weeks (18 months) 6. STAFF ASSIGNMENT: The City’s staff assignments to this project: Dan Mayer, CGCIO David Pearson Billie Kirkpatrick Marina Kiriyeva Matt Woloschek IT Director Solutions Manager Project Manager Sr. Systems Programmer (OWAM) Sr. Systems Programmer (GIS) Consultant Work Order – City Deliverables Page 24 of 27 Revised: 11/28/2022 Jay Ravins Monica Mitchell Finance Director Finance Assistant Director Richard Gardner, P.E. Public Utilities Director Michael Flanigan To Be Determined Public Utilities Assistant Director Business System Analyst (PU) The ENGINEER’s staff assignments to this project include: Amanda Schwerman, PE, ENV SP Client Director Nick Alexandrou, GISP, IAM Project Manager Rebecca Oliva, P.E., BCEE, ENV SP, PMP Project Administration & Controls Mark Seastead CMMS Practice Lead 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Nick Alexandrou, Project Manager, with copies to Rebecca Oliva, Project Administration & Controls. All City project correspondence shall be directed to: Daniel Mayer, Project Manager, with copies to Richard Gardner. 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: _____________________________ For work performed, invoices shall be submitted monthly to: ATTN PROJECT MANAGER CITY OF CLEARWATER, INFORMATION TECHNOLOGY DEPARTMENT PO BOX 4748 CLEARWATER, FLORIDA 33758-4748 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. A short narrative summary of activities completed in the time period. 4. Contract billing method – Lump Sum or Hourly Rate. Commented [OR1]: City please provide. Commented [MD2R1]: Not yet available Consultant Work Order – City Deliverables Page 25 of 27 Revised: 11/28/2022 5. Hours, hourly rates, names of individuals being billed, amount due, previous amount earned, the percent completion, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). 6. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. CONSIDERATIONS: ENGINEER acknowledges the following: 1. The ENGINEER named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2. All City directives shall be provided by the City Project Manager. 3. All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. 4. Documents posted on City website must be ADA accessible 11. ASSUMPTIONS: • City staff will make available appropriate staff for workshops, business process reviews sessions, trainings, and other meetings, as needed. • All stated Technical Memo’s will be provided to the City as drafts. The City will have two (2) weeks (unless otherwise agreed upon) to review and provide comments back to ENGINEER. ENGINEER will address comments and submit a Final version of the Technical Memo, with a comment log indicating how each comment was addressed. • All stated meetings will include summary meeting minutes, and a copy of any materials that were developed for the meetings. • At least one (1) City staff representative from each group will be included in Acceptance Testing. • City staff will provide timely feedback on Deliverables, Data, Migration Efforts, Cityworks Configuration, and Acceptance Testing. • At least one representative from each Department and Division who has a stake in Cityworks will be present at Governance Committee Meetings. • Although ENGINEER will be providing clarification on technical specification and devices for mobile users, Black & Veatch is not responsible for purchasing of, or ensuring they have appropriate mobile data connectivity. • Third-Party barcode solution is not included in this SOW. • Integrations will leverage Cityworks API and Webhooks wherever possible, and will only recommend a scheduled flat file data exchange, if required. • Historical Work Order data in Oracle WAM and other repositories have been created and associated to individual assets and have matching unique identified between the asset and work order. If this is not the case, ENGINEER will attempt to associate work orders to individual assets, within reason, but cannot Consultant Work Order – City Deliverables Page 26 of 27 Revised: 11/28/2022 guarantee a 1 to 1 match for all historical work orders will be attainable – at a minimum, the work orders should be associated to an asset type. • City staff will be the technical leads for developing and implementing integrations, Black & Veatch will serve as advisors and technical support as needed. • City will provide appropriate remote access to necessary environments/systems to facilitate system and data evaluation as well as integration assessments. • City will provide timely responses, within reason, to fulfill data and documentation requests. • City will provide equipment and facilities for all Cityworks training sessions. • City will facilitate coordination with technical staff/vendor resources that have familiarity with non-Cityworks systems, for integration requirements gathering. • City will provide access with appropriate permissions to Enterprise GIS environment and Oracle WAM system and database. • Billing rates are subject to escalation, as mutually agreed, 1 year after the contract date, and annually thereafter. • Grand Total below does not include Plantworks licensing cost. Plantworks licensing will be negotiated and agreed through a separate licensing contract, and will be invoiced separately from implementation effort. • A list of software and applications has been provided by the City that includes candidates for integration review. This does not mean the software will be integrated, or will require integration, but are good candidates for evaluation and determination. This includes: o Cues – GraniteNet Software o Aquatic Informatics – Linko & WIMS o Insource Software – Dream Reports o Rexel – Rockwell Automation o Hach – WIMS Data Management o Rexel – PLC Software o Insource Software – Citect SCADA o First Arriving – Digital Signage – Software Licensing Fee o Rexel – Factory Talk View o Accelerated Technology – LIMS & Result Point Software support o Rexel - Studio 500 o Rexel - Studio Mini o CHI- PCSWMM Hydraulic modeling o Leica Handheld GPS unit software (FLT GeoSystems) o Backflow Tracking o Share Point o Water Distribution/Wastewater Collection System Field Metrics o Various spreadsheets Consultant Work Order – City Deliverables Page 27 of 27 Revised: 11/28/2022 12. PROJECT FEE: Task Description Subconsultant Services Labor Total 1 Define $0 $128,037 $128,037 2 Discover $0 $473,473 $473,473 3 Develop $0 $549,755 $549,755 4 Deploy $0 $201,165 $201,165 5 Initial Go-Live Support $0 $33,272 $33,272 6 Project Management and Administration $0 $64,352 $64,352 SUBTOTAL, LABOR AND SUB-CONTRACTORS $1,450,054 7 Other Direct Costs (travel, expenses, prints, photocopies, etc.) $40,500 SUBTOTAL, WITHOUT CONTINGENCY $1,490,554 8 Contingency (10%) $149,055 GRAND TOTAL $1,639,609 Consultant Work Order – City Deliverables Page 1 of 6 Revised: 11/28/2022 EXHIBIT B Date: 10/13/2023 1. PROJECT INFORMATION: Project Title: Asset Management System – Ongoing Support City Project Number: City Plan Set Number: Consultant Project Number: 2. SCOPE OF SERVICES: I. Task 1. LONG TERM TECHNICAL SUPPORT AND MAINTENANCE Following the Implementation Phase described in the original Work Order, ENGINEER shall provide three (3) years of support and maintenance with two 1- year renewal options around the City’s Enterprise Cityworks environment. This support could be for various technical, functional, and process driven needs. This support could also be to help develop further enhancements, integrations, and expansions into other Departments. These services can include, but are not limited to: • Platform/Plug-in upgrades and enhancements • Platform expansions to other Departments • Additional system integrations • Enterprise GIS System Support and Advancement • Staff Training • New Dashboards and Reports • Business Process Analysis • Use-case scenario modelling • General technical troubleshooting • Emergency Response • On-Call Technical Management • Other support services identified by the City In the first year of support, ENGINEER shall coordinate with City staff and stakeholders to fully define the ‘On-call’ management and communication process, however, ENGINEER’s standard On-call procedures are as follows: Consultant Work Order – City Deliverables Page 2 of 6 Revised: 11/28/2022 1. City makes a request for support via phone, email or meeting request 2. ENGINEER acknowledges the request for support within eight business hours, in the form of written email response or collaborative phone/video/conference call 1. For larger requests – the City may authorize up to 10 hours to allow for discovery and documenting high-level requirements associated with the request 3. ENGINEER shall categorize the request into one of four categories: 1. EMERGENCY a. Requires immediate response/support of 0-4 hours 2. HIGH a. Prioritized response/support of 1-5 days 3. MEDIUM a. Scheduled response of 5-10 days 4. LOW a. Scheduled Response of 10-30 days 4. ENGINEER shall submit written definition of work that includes task description, estimated level of effort using approved staff and rate schedule, and will include summary of itemized deliverables – within ten (10) days of the initial request 5. City shall review and provide written comments and/or approval following a two (2) business day review period 6. ENGINEER shall update written definition and/or deliverable listing following comments from client 7. ENGINEER shall execute work and provide documentation of repair/execution to City 8. City shall review and provide written approval and confirmation of work upon completion Following this general process, Emergency and High categorized requests are prioritized for immediate response. Also, requests for support identified as “day-to-day” administrative can bypass this review and authorization effort. In addition, ENGINEER shall provide as-needed support for the City for any other requests as negotiated, and as budget allows. Consultant Work Order – City Deliverables Page 3 of 6 Revised: 11/28/2022 II. Task 2. PROJECT MANAGEMENT/ADMINISTRATION: ENGINEER shall perform general administrative duties associated with the Project, including project set-up, resource management, progress monitoring, scheduling, general correspondence, office administration, and invoicing. ENGINEER shall maintain the schedule and an accurate project documentation, filing, and cost accounting system throughout the project. ENGINEER shall manage the Quality Assurance process. Rebecca Oliva, Project Controls and Administration, will support Nick Alexandrou, Project Manager, on this effort. 3. PROJECT GOALS: The primary goal of this project is to provide as-need technical support and maintenance to the City around Enterprise Asset Management Systems. This can include Cityworks, GIS, PowerBI, and other common systems used in the City’s EAMS program. Task 1: Long Term Technical Support and Maintenance Objective: To provide on-call as-needed technical support and maintenance to the City around Cityworks and Enterprise GIS. Deliverables: Deliverables for support will be determined and communicated to stakeholders as needs arise. Task 2: Project Management/Administration Objective: The objective of Task 2 is to ensure efficient and effective project management and administration throughout the project's life cycle. This task aims to maintain proper resource allocation, accurate schedule tracking, comprehensive project documentation, and transparent financial accounting to ensure the project's seamless execution. Additionally, it encompasses managing the quality assurance process to ensure that every aspect of the project aligns with the set standards and expectations, thereby guaranteeing the project's overall success. Deliverables: Comment-Response Logs, Progress Status Reports; Document Catalog; and Regular project updates with City’s PM to communicate progress and discuss any issues, improvements, or necessary changes to project delivery. 4. FEES: See Attachment “A”. This price includes all labor and expenses anticipated to be incurred by Black & Veatch for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate, for a fee not to exceed three hundred forty-seven thousand, six hundred ($347,600) Dollars. Consultant Work Order – City Deliverables Page 4 of 6 Revised: 11/28/2022 5. SCHEDULE: The project is anticipated to be completed within 3 years* from issuance of notice-to- proceed (NTP). The project deliverables are to be phased as follows: Task Deliverable/ Milestone Weeks Following NTP Notice to Proceed (NTP) 1 Three-year support 156 2 Project Management 156 Total Duration: 156 Weeks (3 years) *Two 1-year renewal options would be in addition to this. 6. STAFF ASSIGNMENT: The City’s staff assignments to this project: Dan Mayer, CGCIO David Pearson Billie Kirkpatrick Marina Kiriyeva Matt Woloschek Jay Ravins Monica Mitchell IT Director Solutions Manager Project Manager Sr. Systems Programmer (OWAM) Sr. Systems Programmer (GIS) Finance Director Finance Assistant Director Richard Gardner, P.E. Public Utilities Director Michael Flanigan To Be Determined Public Utilities Assistant Director Business System Analyst (PU) The ENGINEER’s staff assignments to this project include: Amanda Schwerman, PE, ENV SP Client Director Nick Alexandrou, GISP, IAM Project Manager Rebecca Oliva, P.E., BCEE, ENV SP, PMP Project Administration & Controls Mark Seastead CMMS Practice Lead 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: Nick Alexandrou, Project Manager, with copies to Rebecca Oliva, Project Administration & Controls. All City project correspondence shall be directed to: Dan Mayer, Project Manager with copies to Richard Gardner. Consultant Work Order – City Deliverables Page 5 of 6 Revised: 11/28/2022 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: _____________________________ For work performed, invoices shall be submitted monthly to: ATTN PROJECT MANAGER CITY OF CLEARWATER, INFORMATION TECHNOLOGY DEPARTMENT PO BOX 4748 CLEARWATER, FLORIDA 33758-4748 Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. A short narrative summary of activities completed in the time period. 4. Contract billing method – Lump Sum or Hourly Rate. 5. Hours, hourly rates, names of individuals being billed, amount due, previous amount earned, the percent completion, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). 6. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. CONSIDERATIONS: Consultant acknowledges the following: 1. The Consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2. All City directives shall be provided by the City Project Manager. 3. All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. 4. Documents posted on City website must be ADA accessible 11. ASSUMPTIONS: • For repetitive or ongoing tasks such as staff augmentation for cyclical work, like monthly or quarterly updates, a single task order may be authorized to utilize over a defined time period. Consultant Work Order – City Deliverables Page 6 of 6 Revised: 11/28/2022 • For more advanced developments/enhancements that require long-term development and significant budget, a change order or separate task order may be required to avoid depleting that year’s budget. • Billing rates are subject to escalation, as mutually agreed, 1 year after the contract date, and annually thereafter • ENGINEER will propose a scope, fee, deliverables, and schedule for each task assignment and obtain City’s approval in writing before performing any work. 12. PROJECT FEE: Task Description Subconsultant Services Labor Total 1 Three Years of Support $0 $249,000 $249,000 2 Three Years of Project Management $0 $51,000 $51,000 SUBTOTAL, LABOR AND SUB-CONTRACTORS $300,000 3 Other Direct Costs (travel, expenses, prints, photocopies, etc.) $16,000 SUBTOTAL, WITHOUT CONTINGENCY $316,000 4 Contingency (10%) $31,600 GRAND TOTAL $347,600 CONTRACT BETWEEN CITY OF CLEARWATER AND BLACK & VEATCH RFP #36-22 ASSET MANAGEMENT SYSTEM THIS CONTRACT, entered into this _____ day of November 2023, by and between the CITY OF CLEARWATER (“City”), a Florida municipal corporation, P.O. Box 4748, Clearwater, Florida 33758 and BLACK & VEATCH CORPORATION, (“Vendor”), a Florida corporation, 1715 N. Westshore Blvd, Suite 725, Tampa, Florida 33607, and collectively as “Parties”. WHEREAS, the City seeks to implement Cityworks as a new Computerized Maintenance Management System (“CMMS”) for managing City utilities, public works, recreational and facilities management needs. WHEREAS, Vendor agrees to provide such services. WHEREAS, the City selected Vendor based on Request for Proposal (“RFP”) 36- 23 and responses by Vendor to RFP 36-23, all of which are incorporated by reference and form a basis for this Contract. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1. SCOPE OF PROJECT. Vendor agrees to provide such services under the terms and conditions set forth in RFP 36-22, and more fully described in attached Exhibit A and Exhibit B. 2. TIME OF PERFORMANCE. The initial Contract Term shall commence on November 1, 2023, and end on October 31, 2026. 3. COMPENSATION. Total compensation for all services shall not exceed $1,987,209.00, as more fully described in attached Exhibit A and Exhibit B, inclusive of all reasonable and necessary direct expenses, if applicable. The City may, from time to time, require changes in the scope of the project. Such changes, including any increase or decrease in the amount of Vendor’s compensation, and any other changes in the terms of this Contract which are mutually agreed upon by and between City and Vendor shall be effective when incorporated in written amendment to this Contract, upon mutual agreement. 4. METHOD OF PAYMENT AND ANNUAL APPROPRIATIONS. Vendor’s fees will be invoiced monthly and submitted to the City for approval and payment in accordance with the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statutes. The City’s performance and obligation to pay under this Contract is contingent upon an annual appropriation of the City’s budget. 5. NOTICES AND CHANGES OF ADDRESS. Any notice required or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. BLACK & VEATCH CITY OF CLEARWATER Nick Alexandrou Daniel Mayer Asset Management Implementation Lead IT Director 3405 W. Dr Martin Luther King Jr. Boulevard P.O. Box 4748 Suite 125, Tampa, FL 33607 Clearwater, Florida 33758 941-276-0202 727-444-7654 6. RFP #36-23, STANDARD TERMS AND CONDITIONS. All terms and conditions as set forth in RFP #36-23, Standard Terms and Conditions are incorporated by reference and attached hereto as Exhibit C. 7. INSURANCE REQUIREMENTS. Insurance Requirements are set forth in Exhibit D, which is incorporated by reference and attached hereto. 8. PROPRIETARY MATERIALS. Upon termination of this Contract, Vendor shall transfer, assign, and make available to City or its representatives all property and materials in Vendor’s possession belonging to or paid for by the City. 9. INTERESTS OF PARTIES. Vendor covenants that its officers, employees, and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance and/or provision of services required under the terms and conditions of this Contract. 10. CONFORMANCE WITH LAWS. Vendor agrees to comply with all applicable federal, state, and local laws during the life of this Contract. Vendor shall be responsible for obtaining and maintaining any licenses, permits, documents, or other permissions necessary for Vendor’s operation. 11. GOVERNING LAW AND VENUE. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. [Remainder of page left blank intentionally] IN WITNESS WHEREOF, the Parties have caused this Contract to be signed in its corporate/legal name by its authorized representatives or persons authorized to execute this Contract on the date and year first above written. BLACK & VEATCH ___________________________ Rafael E. Frias III Vice President, Area Managing Director Attest: ___________________________ Name: Title: CITY OF CLEARWATER Brian Aungst, Sr. Jennifer Poirrier Mayor City Manager Approved as to form: Attest: ___________________________ ______________________________ Owen Kohler Rosemarie Call Lead Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1336 Agenda Date: 11/2/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 6.6 SUBJECT/RECOMMENDATION: Approve an agreement with Noverant, Inc. of Raleigh, NC, for a learning management system (LMS) application and content subscription in the amount of $316,680.00 for a three-year term, November 2, 2023 through November 1, 2026, pursuant to Request for Proposals (RFP) 32-23 Learning Management System and authorize the appropriate officials to execute same. (consent) SUMMARY: A Learning Management System (LMS) is a software-based platform for managing employee training, learning, and development. The system is used to assign training to employees, track their individual progress and performance, and integrate with the city’s human resources management applications; while employees can explore course offerings and build their knowledge and skillsets. The acquisition of Noverant’s LMS in conjunction with a library of course content provided by LinkedIn Learning will be critical to the Human Resources Department’s training and employee development initiatives. Request for Proposals (RFP) 32-23 was issued on June 1, 2023, and submissions were received on July 5, 2023. The solicitation sought proposals for a new, cloud-based Learning Management System (LMS) to replace the city’s current LMS, NeoGov Learn, which has been in service since 2018. Noverant offers enhanced functionality through its robust content authoring tools, course management options, ability to support learners in a variety of environments (from traditional classrooms to mobile), and a deep integration with LinkedIn Learning’s content library. The total requested amount for the three-year term is $316,680.00 and is inclusive of software licensing, professional services for implementation, and training content provided by both Noverant and LinkedIn Learning. Year 1 - $94,985.00 (professional services $6,800, software licensing $62,655, LinkedIn Learning $25,530). Year 2 - $102,874.00 (software licensing $62,655, LinkedIn Learning $40,219). Year 3 - $118,821.00 (software licensing $62,655, LinkedIn Learning $56,166). APPROPRIATION CODE AND AMOUNT: Funding for the first year of the contract is budgeted and available in Human Resources cost code 0109901-530100. Funding for maintenance and licensing expenses in future years will be requested as part of the Information Technology department’s annual budget process. STRATEGIC PRIORITY: This item will support the strategic objective of embracing a culture of innovation (1.5) by providing a resource for employees to continuously learn, improve, and enhance their skills. This item will support the strategic objective of encouraging professional development (5.2) by providing access to educational opportunities and training resources. Page 1 City of Clearwater Printed on 10/31/2023 Page 1 of 7 NOVERANT ONLINE SERVICE AGREEMENT This Agreement ("Agreement") is made as of the EFFECTIVE DATE by and between City of Clearwater ("CLIENT"), a Florida Municipality, and Noverant, Inc. ("Noverant"), a North Carolina corporation, where EFFECTIVE DATE and CLIENT are defined herein. RECITALS 1. CLIENT wishes to have performed for it various services, and Noverant is in the business of performing such services. 2. CLIENT wishes to engage Noverant to perform such services, and Noverant wishes to perform such services for CLIENT. 3. CLIENT selected Noverant pursuant to RFP #32-23, which is incorporated by reference. AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual covenants and conditions contained in this Agreement, CLIENT and Noverant agree as follows: 1. SCOPE OF SERVICES. (a) During the term of this Agreement, Noverant shall perform for CLIENT various services in its usual line of business, including, without limitation, those services set forth in Exhibit A ("the Services"). (b) Unless otherwise agreed, Noverant shall provide all necessary labor, material, and other services to effect the Services in full conformance with Exhibit A. (c) In providing the Services, Noverant shall comply with any work schedule set forth in Exhibit A. 2. NOVERANT’S RESPONSIBILITIES. (a) Noverant shall comply with all applicable laws, rules, and regulations and in accordance with industry best- practices applicable to the business in which the Services are performed. (b) Noverant represents and warrants that any products and services provided to CLIENT hereunder as part of the Services shall not infringe any rights of any third party. (c) CLIENT shall pay all taxes, if any, imposed upon or assessed it with respect to the Services. 3. PRICE AND PAYMENT. (a) Unless otherwise agreed by authorized CLIENT representatives, the price for the Services shall be as set forth in Exhibit A. Such price shall include all work to be performed by Noverant to perform the Services, and except as expressly set forth herein, no additional compensation shall be due Noverant for the Services. This amount shall be paid according to the payment schedule set forth in Exhibit A. (b) CLIENT may, at any time, by written order make changes within the general scope of this Agreement including, without limitation, requiring additional services or directing the omission of or variation in the Services, to the extent they are defined in Exhibit A. Any such additional services shall be deemed Services and shall be governed by the terms of this Page 2 of 7 Agreement. If any such change causes an increase or decrease in the cost of or time required for the performance of the Services, an equitable and mutually agreeable adjustment shall be made to the price. (c) If at any time Noverant believes that services beyond those summarized in Exhibit A are necessary to perform the Services, Noverant shall contact CLIENT, provide CLIENT with an itemized estimate of such services and additional anticipated costs, and obtain CLIENT's written permission before providing any such services and incurring any additional costs. Any such cost not approved in advance in writing by CLIENT shall be borne solely by Noverant. (d) Expenses which are incurred specifically in connection with the performance of the Services which are not itemized in Exhibit A, including without limitation applicable costs and expenses related to travel and lodging, shall be billed to CLIENT, provided that such costs and expenses are detailed in advance and pre-approved in writing by CLIENT prior to the start of any project work. (e) If CLIENT disputes any invoice rendered, CLIENT will notify Noverant of its objections in writing within ten (10) calendar days from the date of receipt of the invoice, and the parties will use their best endeavors to resolve such disputes expeditiously. Any undisputed portion of a disputed invoice will be paid without delay and in accordance with the payment schedule set forth in Exhibit A. 4. TERM AND TERMINATION. (a) Unless otherwise agreed, the term of this Agreement shall be as set forth in Exhibit A. (b) Either party may terminate, without any cancellation charge, this Agreement or a related Statement of Work (SOW) as follows: (i) immediately where any license or confidentiality restrictions, intellectual property rights or, data protection provisions, or payment obligations are breached by the other party, or in the case of insolvency of the other party, or (ii) upon thirty (30) days’ written notice to the other party in the event of a material breach of any SOW (except in the case of force majeure) by the other party that has not been cured within such thirty (30) day period. Any breach of any provision of the Agreement shall be deemed to be a breach of the relevant SOW. Any Services and CLIENT’s license to Noverant’s materials shall immediately terminate in the event of any termination by Noverant pursuant to (i) or (ii) above. Without prejudice to any rights or remedies available to Noverant, in the event of any permitted termination of any SOW, CLIENT shall pay Noverant, at a minimum, for the Services performed through the effective date of termination (c) CLIENT may terminate this Agreement or any associated Statement of Work in accordance with terms defined in Exhibit A. In the event of such termination without cause, Noverant shall be paid in full for all non-refundable fees and expenses as outlined in the Agreement or the Statement of Work which are due until the date of termination. (d) Unless otherwise agreed, the Term is 12 months with automatic 12-month renewal unless terminated w/90 days prior notice. (e) CLIENT rights and access to its data is governed by the most recent version of Noverant Client Rights Regarding Data Ownership and Access, incorporated herein by reference. 5. CONFIDENTIALITY AND PRIVACY. Any requirement in this Agreement for a party to act reasonably, use reasonable efforts, or any variations thereof, will mean that the party must use all reasonable commercial efforts having regard to the surrounding circumstances, unless expressly provided otherwise or prohibited by governing law. Unless agreed upon in writing under a separate confidentiality and privacy agreement, a) Noverant and CLIENT shall keep strictly confidential all proprietary, technical, business, marketing, sales, and other Page 3 of 7 information disclosed by each other in accordance with reasonable industry best practices. b) Noverant’s use of any information considered to be private or personal under local law shall be restricted for the purpose of providing the Services. c) Noverant will protect such information in accordance with applicable privacy laws and will not disclose such protected information without the prior written consent of CLIENT d) CLIENT data including production, backup and disaster recovery data will be stored in CLIENT’s base country and encrypted using industry-standard techniques in-transit and at rest. 6. INDEMNIFICATION AND LIMITATION OF LIABILITY. (a) Noverant agrees to indemnify, defend, and hold CLIENT and its affiliates and their officers, directors, shareholders, employees, and agents (CLIENT and such persons collectively, "CLIENT's Indemnified Persons") harmless against any and all third party claims in connection with any losses, claims, demands, actions, judgments, or litigation, including attorneys' fees and investigation costs (collectively, "Loss"), arising out of any breach of its obligations, representations and warranties herein. (b) NEITHER PARTY WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT FOR: (1) THE OTHER PARTY’S LOST REVENUES; (2) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES (WHETHER OR NOT FORESEEABLE OR CONTEMPLATED BY THE PARTIES AT THE EFFECTIVE DATE); OR (3) EXEMPLARY OR PUNITIVE DAMAGES. NOTHWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 6(c) WILL NOT APPLY TO EITHER PARTY’S GROSS NEGLIGENCE OR OBLIGATIONS UNDER SECTIONS 5, 6(a) OR 6(b). 7. TECHNICAL OPERATIONS. (a) Operational Availability: The Service will be available on a 24x7 basis, except for scheduled downtime, which will occur from time to time on a regular basis upon reasonable notice by Noverant to CLIENT, and unscheduled maintenance. Noverant may perform unscheduled maintenance only when, in Noverant’s reasonable discretion, doing so is necessary to avoid loss of Services or as otherwise mutually agreed to with CLIENT. Noverant shall endeavor when practical to provide notice to CLIENT of all unscheduled maintenance. (b) Disaster Recovery: The Services include industry-standard Disaster Recovery efforts. In the case of a Disaster resulting in a complete loss of access to the Services, Noverant will restore the Services within the same data center or at an alternate site, as Noverant reasonably determines. Disaster recovery procedures are defined in the most recent version of Noverant Backup and Recovery Procedure, incorporated herein by reference, with key responsibilities including: CLIENT’s Responsibilities (i). CLIENT is responsible for all network configuration changes required by Noverant at CLIENT’s premises that are associated with Disaster Recovery, such as VPN and firewall changes and any that may be necessary for CLIENT to connect to the Services. (ii). During a Disaster Recovery, CLIENT shall have its representative(s) available to work with Noverant’s recovery team. All such CLIENT’s representatives shall participate from CLIENT’s site and must be sufficiently knowledgeable to allow successful testing. Noverant’s Responsibilities (i) Noverant is responsible for preparing the recovery site and executing the recovery service procedures upon declaration of a Disaster. Upon completion, Noverant will work with CLIENT’s representatives to Page 4 of 7 perform sufficient testing to ensure that the access to the Service and databases have been recovered successfully. (ii) Notwithstanding force majeure events, Noverant’s target is for a 24-hour RPO/RTO performance level. (c) Backup/Recovery: Noverant shall back up all environments in accordance with the latest Noverant Backup and Recovery Procedure. Noverant reserves the right to modify such procedures from time to time and agrees. Noverant agrees to provide CLIENT data in suitable format at the termination of the contract and, upon successful transfer of such data, destroy all CLIENT data using secure government-approved methods. (d) Backup/Retention: Noverant shall back up and retain all data in accordance with the latest Noverant Backup and Recovery Procedure. Noverant reserves the right to modify such procedures from time to time and agrees to notify CLIENT prior to any changes to such procedures. (e) On-Line Data Retention: CLIENT data is retained on-line indefinitely during the term of the Agreement. (f) System Administration and Monitoring: All servers, storage, network, firewall and other devices are administered and managed on a 24x7 basis by Noverant or Noverant’s agents. Access to client data is restricted to authorized Noverant employees. (g) Security: Security management includes day-to-day management for the firewalls, networks and servers dedicated to Noverant’s customers. This service includes administering technical and procedural controls to prevent unauthorized access, prompt reporting of suspected incidents to CLIENT, use of unique and secure passwords compliant with Noverant’s authentication policy, event logging and reporting, vulnerability scans, installation of security patches and fixes following changes. CLIENT administrators are responsible to define and control password policies for end user including implementation of password policies addressing password aging, reuse, minimum length and complexity. 8. GENERAL PROVISIONS. (a) Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. CLIENT and Noverant shall submit to the exclusive jurisdiction of the State and Federal District Courts situated in Pinellas County, State of Florida. (b) Independent Contractors. Both parties agree to perform under this Agreement solely as independent contractors and shall not hold themselves out as employees or agents of the other. (c) Assignment. This Agreement shall not be assigned in whole or in part by either party without 60 days’ notice to the other party. Notwithstanding the preceding sentence, CLIENT may freely assign this Agreement to an affiliate within its controlled group of entities or to a successor to all or substantially all the business to which this Agreement relates. (d) Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter within and to that extent terminates and supersedes all previous agreements, whether written or oral, relating to the same subject matter. (e) Notices. All notices to be sent pursuant to this Agreement shall be in writing and delivered either in person to the designated party to be notified, by registered or certified mail, return receipt requested, or by fax/email to such party at the address shown above below or subsequently designated by either party. Page 5 of 7 If to Noverant: Noverant, Inc. 421 Fayetteville Street, Suite 1116 Raleigh, North Carolina, 27601 Attention: Chief Executive Officer with a copy to: Noverant, Inc. 421 Fayetteville Street, Suite 1116 Raleigh, North Carolina, 27601 Attention: Legal/Contracts If to CLIENT: City of Clearwater 100 S. Myrtle Ave. Clearwater, FL 33756 Attention: Human Resources with a copy to: City of Clearwater 100 S. Myrtle Ave. Clearwater, FL 33756 Attention: Information Technology Notices via Facsimile or Email Noverant, Inc.: 1-888-383-7316 fgozzo@noverant.com CLIENT: 727 562-4877 humresweb@myclearwater.com Notices delivered in person shall be deemed given upon delivery; notices sent by mail shall be deemed given two (2) days after posting thereof; and notices given by fax or email shall be deemed given twelve (12) hours after sending thereof. (f) Modification and Waiver. None of the terms of this Agreement (including all exhibits provided for herein) shall be deemed to be waived or modified except by a written document drawn expressly for such purpose and executed by the party against whom enforcement of such waiver or modification is sought. Failure or delay of either party hereto to enforce any of its rights under this Agreement shall not be deemed a modification or a continuing waiver by such party of any of its rights under this Agreement. (g) Force Majeure Except for the obligation to pay money for Services rendered, each party shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, such as, but not limited to, acts of God or a public enemy, acts of the government in either its sovereign or contractual capacity, fire, flood, epidemics, quarantine restrictions, strike, war (declared or undeclared), insurrection, government restriction or prohibition, force majeure or other causes reasonably beyond its control and without its fault, including the inability to secure materials on a timely basis or failure of computer equipment. The party failing to perform shall use all reasonable efforts to resume performance of this Agreement as soon as feasible. (h) Severability. Should any court or regulatory agency or body determine, in a form and manner which render such determination enforceable against either of the parties, that any provision of this Agreement is void, invalid, unenforceable, or illegal, such determination shall not affect any other provision of this Agreement, and this Agreement shall, if reasonable, be construed and performed as if such void, invalid, unenforceable, or illegal provision had never been contained herein. (i) Counterparts. This Agreement may be executed, by original or electronic signature, in any number of counterparts, each of which shall be regarded as an original, but such counterparts shall together constitute but one and the same agreement. (j) Effect. This Agreement shall be effective only upon its execution by both parties. (k) Survival. The provisions contained in Sections 5 and 6 shall survive the termination for any reason of this Agreement. Page 6 of 7 WITNESS the foregoing signatures. CLIENT NOVERANT, INC. By: _________________________ By: _________________________ Name: . Name: Francesco Gozzo, Ph.D. Title: Title: President and CEO Date: ________________________ Date: ________________________ Agreement Effective Date: _______________________ Countersigned: CITY OF CLEARWATER, FLORIDA By: Brian J. Aungst, Sr. Jennifer Poirrier Mayor City Manager Approved as to form: Attest: _ Rosemarie Call Assistant City Attorney City Clerk October 13, 2023 Page 7 of 7 Exhibit A The Scope of Work provided by Noverant is defined in its proposal submission to City of Clearwater RFP #32-23 and incorporated herein by reference, with the exception of the pricing table below. Noverant’s cost proposal below includes the one-time fees for implementation and annual fees for the LMS and the Noverant Library. Testing is included with the Sandbox and Implementation/Configuration fees. There are no extra costs for troubleshooting, building reports, and training (initial and post-launch). The cost proposal below is based on: Term: 3 years Users: 1850 Cost Proposal Descriptions Qty Frequency Unit Price Total One Time Fees: $6,800 SANDBOX ACTIVATION 1 One Time $ 1,900 $1,900 IMPLEMENTATION/CONFIGURATION 1 One Time $ 2,400 $2,400 INITIAL TRAINING 1 One Time $ 2,500 $2,500 Recurring Fees: NOVERANT LMS • Annual Subscription with 100 Noverant Library courses. 1 Annual $62,655 $62,655 Notes 1) Environments – Includes a dedicated sandbox and production environments. 2) Payment – Subscription fee paid annually in advance. Payments are due net 30 days. 3) The City can choose any 100 courses from the Noverant Library, which includes over 1,900 courses. Additional content bundles are available. 4) Optional Services a. Pricing for additional language packs, content development, or on-site services are available and can be priced upon request. b. LinkedIn Learning Subscription  Year 1 - $25,530  Year 2 - $40,219  Year 3 - $56,166 RFP #32-23 Learning Management System Prepared For: City of Clearwater Attn: Procurement Division 100 S. Myrtle Ave 3rd Fl Clearwater, FL 33758-4748 Table of Contents TAB 1 – Letter of Transmittal ....................................................................................... 1 TAB 2 Demonstrated Experience of the Firm, Project Personnel and References . 2 a. Noverant Qualifications .......................................................................................................... 2 b. Assessment .............................................................................................................................. 9 c. Noverant Staff & References ................................................................................................. 22 TAB 3 – Comprehensiveness of the Proposed Program and Project Implementation Strategy ....................................................................................................................... 25 1. Proposed Platform and User Expectations ........................................................................... 25 2. Ability to Respond/Schedule ................................................................................................ 29 3. Reporting .............................................................................................................................. 36 4. Implementation Strategy ...................................................................................................... 42 TAB 4 – Method of Approach and Timeline .............................................................. 45 1. Project Plan/Approach .......................................................................................................... 45 2. Breakdown of Timeline ......................................................................................................... 47 3. Troubleshooting and Support Case Management ................................................................ 50 TAB 5 – Long-term Support and Maintenance ......................................................... 53 a. Warranty Information ........................................................................................................... 53 b. Support and Maintenance Services ...................................................................................... 53 TAB 6 – Cost of Services ........................................................................................... 57 TAB 7 – Other Forms .................................................................................................. 58 Noverant Confidential Page 1 TAB 1 – Letter of Transmittal July 7, 2023 Scott Burrows, MPA Procurement Analyst 100 S. Myrtle Ave, 3rd Fl Clearwater, FL 33758-4748 Subject: RFP #32-23 Learning Management System Dear Scott Burrows, Noverant has over 20 years experience and is highly qualified to provide the services described herein to the City of Clearwater. We are excited for the opportunity to provide the City with a cohesive learning management system to foster professional growth and will provide the City’s staff with training and support to empower users to leverage the LMS to its fullest extent. We are confident we can provide a launch of the LMS by October 2023. Noverant will be able migrate data from the NeoGov Learn system into staff accounts and integrate with the City’s ERP (Tyler Munis Enterprise Resource). Furthermore, the Noverant LMS provides employee and administrative portals and can easily support the prescribed 1,850 City staff users. We offer synchronous and asynchronous learning options on the LMS. Please contact the following per this response to RFP #32-23: Dr. F. Gozzo, President Noverant, Inc. 421 Fayetteville St, Suite 1116 Raleigh, NC 27601 Email: fgozzo@noverant.com Tel: 919 426-5494 Fax: 888 383-7316 Sincerely, Dr. F. Gozzo President & CEO Noverant Confidential Page 2 TAB 2 Demonstrated Experience of the Firm, Project Personnel and References a. Noverant Qualifications Who is Noverant? Noverant is a privately held North Carolina corporation founded in 2002. The firm initially delivered client-hosted (on-site) LMS solutions for highly regulated clients in the pharmaceutical and life science industries. In 2006, Noverant pioneered the SaaS-based LMS and expanded to additional markets including government, healthcare, security, and other regulated and safety-sensitive industries. Noverant has extensive experience with diverse government clients, serving both internal and external users. Noverant has <100 employees and is headquartered in Raleigh, NC with data centers worldwide. Noverant does not subcontract any of our staffing to 3rd parties. Clients are always working directly with Noverant employees. Noverant Confidential Page 3 Noverant Experience & Qualifications Noverant has unique experience that brings significant value-add to the City. While our clients’ range in size from less than 50 users to over 100,000, all our clients are using the same SaaS-based solution as that proposed herein to the City. The table below highlights a sampling of active clients who share similarities with the City in size, mission, complexity, or regulatory environment. Client Description The Chicago Transit Authority (CTA) awarded Noverant a multi- year agreement for Noverant Online - Enterprise Edition CTA has over 11,000 employees, primarily employed through collective bargaining agreements. CTA uses Noverant to deploy and manage a wide variety of safety and security sensitive training and compliance initiatives for its highly complex bus and rail operations. The State of Missouri Dept of Corrections (MoDOC) awarded Noverant a multi-year agreement for Noverant Online - Enterprise Edition. MoDOC has over 8000 employees and uses Noverant extensively to deploy and manage a wide variety of content including seamless access to LinkedIn Learning as well as their own content. In 2022, the State awarded a second contract to expand the services to the Missouri Department of Education. Hamilton County is the home county of the Greater Cincinnati region, serving large cities and small towns in the County. Hamilton awarded Noverant a multi-year agreement in 2020 for our enterprise wide LMS. Access Health CT is the State of Connecticut's official health insurance exchange marketplace. AHCT awarded Noverant a multi- year agreement in 2019 to address critical training needs of employees and external brokers supporting the public with their government- sponsored health care programs. Noverant Confidential Page 4 Curia is a global contract research, development and manufacturing organization, offering products and services across the pharmaceutical and biotechnology industry. Curia has been an active client for nearly 20 years, beginning with our initial behind-the-firewall solution in 2002 and transitioning to our SaaS-based solution over 12 years ago. Thorne, based in South Carolina with operations nationwide, is the only supplement manufacturer that collaborates with the Mayo Clinic and is trusted by more than five million customers, 46,000+ health- care professionals, thousands of professional athletes, and more than 100 professional sports teams. Thorne selected Noverant in 2022 due to Noverant’s clear leadership position in government approved and validated LMS services. Active client since 2022. Sumaria Systems is a leading provider of technical, engineering, professional and enterprise networking solutions to the U.S. Department of Defense (DoD) and other government agencies. Sumaria selected Noverant in 2022 due to Noverant’s experience in working with regulated clients and delivering high quality, low risk solutions to address complex information, training, and compliance management needs. Active client since 2022. The Government of Alberta (GoA) selected Noverant in 2015 to assist municipalities by administering safety standards and managing the Alberta Emergency Management Agency and Municipal Government Board. The scope was doubled in 2016 to serve external and internal (employee) user base of over 100,000 users. Active client since 2015. British Columbia (BC) is the provincial government of the western- most Canadian province. BC selected Noverant in 2019 to meet training and compliance requirements of the BC Real Property division. The province awarded Noverant a second concurrent contract in 2020 to serve the unique needs of the Ministry of Energy, Mines and Petroleum Resources. Active client since 2019. The Government of Ontario (GoO) serves the largest province in Canada. GoO awarded Noverant an 8-year contract for an enterprise LMS for over 100,000+ employees. Noverant Online is the only LMS solution that has been tested and AODA-certified directly by the Government of Ontario. Active client since 2017. Noverant Confidential Page 5 Workplace Safety & Prevention Services (WSPS) primarily serves the manufacturing, agricultural and service sectors and is the largest health and safety association in Ontario, supporting over 171,000 member firms and 4.2 million workers. WSPS selected Noverant for its enterprise LMS in 2019 under a multi- year agreement. Active client since 2019. The City of Kitchener, located in southeastern Ontario, awarded Noverant a 10-year contract for an enterprise LMS for its employees. Active client since October 2019. The City of Sault Ste. Marie, located in southwestern Ontario, awarded Noverant a multi-year contract for an enterprise LMS for its employees. Active client since August 2020. Niagara Health is a multi-site organization in Ontario comprised of six hospital sites across 12 municipalities. Niagara Health selected Noverant as its enterprise LMS to manage nurse/physician training and continuing education. Active client since 2016. The Toronto Police Service (TPS) has served the Toronto metropolitan area since 1834. TPS selected Noverant in 2019 to address high stakes testing and certification of police officers. Active client since 2019. E-Comm is the largest 911 centre in British Columbia (BC) and responsible for 88% of the province’s 911 call volume. E-Comm serves Metro Vancouver, 24 metro regions and 35 police/fire departments throughout BC. E-Comm selected Noverant as its enterprise LMS. Active client since 2016. Noverant Confidential Page 6 Noverant Licenses Noverant staff are experienced professionals with recognized memberships, certifications, and affiliations. • Project Management Professional • AWS Certified Developer • AWS Certified Solutions Architect • AWS Certified SysOps Administrator and related credentials. As an organization, Noverant’s security and privacy policies have been reviewed and accepted for use by • US Food and Drug Administration • US Department of Homeland Security • US Department of Transportation • US Federal Aviation Administration • State of Georgia • State of Missouri • State of North Carolina • State of Virginia • State of Connecticut • State of Alaska • Government of Alberta • Government of British Columbia • Government of Ontario *Noverant LMS is the only solution that has been AODA-certified1 directly by the Government of Ontario Accessibility Centre of Excellence 1 The Government of Ontario currently maintains highly restrictive accessibility standards as defined by the Accessibility for Ontarians with Disability Act (AODA). Noverant Confidential Page 7 Noverant Staff Training Noverant provides staff with industry-standard training including privacy, security, and cyber awareness training at least annually. In addition, certain staff members are required to comply with client-specific training and background checks requirements. Noverant Confidential Page 8 Financial & Legal Status Financial Noverant, Inc. is incorporated in the state of North Carolina. There are no known events which will materially increase financial or security risk to impact Noverant’s ability to provide the prescribed LMS services to the City of Clearwater. Early Terminations NONE. Noverant has never had a client terminate, cancel, or suspend services prior to completion of the engagement or expiration of the full term. Litigation/Disputes/Default NONE. There have never been, and there are no pending lawsuits, unresolved claims, disputes, or terminations. Noverant has never defaulted or failed to complete a contract. We have never had a contract terminated by the other party. Litigation History Date Parties Nature/Description Outcome NONE n/a n/a n/a Noverant Confidential Page 9 b. Assessment Noverant Uniquely Provides the City. with The Best Value & Lowest Risk! We are excited for the opportunity to upgrade the City’s LMS experience with a user-friendly offering that will provide quality content to further professional growth. Noverant Is an Experienced Partner - Noverant is a leading provider of learning management systems with over 20 years of experience in government and regulated environments. Our team has decades of experience deploying similar blended learning solutions that include HR documents, instructor-led training, e-Learning, assessments, equivalencies, pathways, competencies, health and safety certifications and related training/media types. Proven Technology – Noverant is the clear industry leader in government LMS applications, as the only LMS that is continuously accessibility-tested and certified by a major government. Our Software-as-a-Service (SaaS) solution operates in our government- approved US data centers. The solution is proven, secure, cost- effective, and scalable for clients of any size, ranging from small businesses to hospitals to large government agencies. Government-Approved – Noverant has served government- regulated and high-stakes sectors for decades. Just a few examples of active Canadian clients include Chicago Transit Authority, State of Missouri Department of Corrections, Hamilton County, Access Health Connecticut, and other government and regulated entities worldwide. The Noverant LMS cultivates a blended learning environment. Our features such as creating groups and assigning roles/permissions to groups and users will provide efficiency in providing training to the users. As groups are assigned and roles determined, the City will be able to grant privileges and access to individuals and groups as needed. The City’s administrators and managers will be provided training to use the system with ease and minimum input from Noverant. Noverant Confidential Page 10 Noverant Supports Blended Learning Noverant Online supports a complete blended learning environment. Authorized users can add or modify a wide variety of in-house or external content types. Courses - Instructor-led courses (in-class or virtual) Certifications - CPR, RN, Tech Level 1, etc. Documents – PDF, docx, xlsx, html, YouTube, Lynda.com Assessments – Full testing engine E-Learning – Standard modules (e.g., SCORM) Competencies – Bundled training. Equivalencies – Provide completion options. Workflows – Bundled training in a forced sequence. Surveys – Training or general surveys Noverant Online supports diverse electronic media, including common text, image, and video formats directly or wrapped in e-Learning (e.g., SCORM, xAPI, cmi5, etc.). The system features an efficient competency of “Bundle” learning object. This simplifies the creation of multi-element training. Noverant Confidential Page 11 Groups and Permissions Group Enabled Standardized Training Noverant’s proven user/group management service allows tremendous flexibility in automatically mapping training requirements based on business rules/flows. A user can be associated with an unlimited number of groups which each have their own courses/curricula driven by different business processes. In addition, to the extent the City’s HRIS or other systems contain associated information about a user, that data can be automatically synchronized with Noverant LMS. This group-based mapping provides a powerful and efficient method to assign training and/or make training available to users based on their role, departments, etc. Noverant Confidential Page 12 Create Dozens of Role-Based Permissions Noverant Online allows clients to create and manage hundreds of discrete role-based permissions which can be assigned to one or more positions. Typical roles include Learner, Manager, Training Coordinator, Content Owner, Administrator, etc. Clients typically start with 5-6 permissions during initial implementation, and then grow that to 10-15 permissions as the need arises. There is no limit to the number of permissions that are defined, and there is no limit to the number of permissions granted to any user, (e.g., a user can be a Learner, Instructor, and Inspector). Noverant Confidential Page 13 Same User, Multiple Roles! Any user can be granted an unlimited number of roles. For example, a user (Jane Instructor1 in the graphic below) can simultaneously be a learner and instructor. Users with multiple roles can exercise their privileges from the same user account and login session. Noverant Confidential Page 14 Privileges and Access User Access is Easily Controlled by Privileges, Scope, and Role Noverant Online includes a powerful access control system, where one or more discrete privileges can be granted. In addition, the system features scoped privileges. The following examples: • Jane has full administrator privileges and exercises those privileges on all groups, users, and content. • Bob can also be granted full administrator privileges, but he can only exercise those privileges over a specific subset of users, groups, and content. • This unique feature allows clients to compartmentalize data to satisfy security or privacy policies and effectively create “sub-LMSes.” The administration of the sub- LMSes is separate from the other groups and data sets. The ability to control privilege, scope and role yields a powerful access control system! Noverant Confidential Page 15 Clients Have Multiple Login Page Options Clients who choose to enable SSO login authentication typically have 3 landing page options to choose from: Combined – Under the combined option, SSO and non-SSO users would access the system from the same main page. Dedicated – SSO users could be sent directly to their Active Directory or other SSO login page, while non-SSO users would see a cleaner login page without an SSO option. Seamless SSO - Clients can also allow SSO users to login from a shortcut on their desktop, bypassing our login page entirely, and proceeding directly to their own LMS home page. Noverant Confidential Page 16 Restrict Access to Certain Content, Users, and Groups Noverant’s powerful privilege system provides the ability to restrict access at various levels. Users can always view courses which have been assigned to them. Certain users can be granted the privilege (or not) to browse all or portions of the Client catalog. However, their search is restricted based on their role, privilege, and scope. For example, assume Jane and Bob are both granted browse privileges. • If Jane searches for “HazMat,” she may see 3 results presented. • If Bob performs the same search, his search results may only return 1 item due to his restricted role, privilege, or scope. In addition, note that most users are generally restricted from viewing obsolete revisions. For example, clients can grant certain users (e.g., Content Owners) the ability to view/manage obsolete SOPs, while Learners can only view the latest version. Noverant Confidential Page 17 Extend LMS Access to External Users Noverant LMS allows non-employees (i.e., external users) the ability to access and use the system just as any other user. In fact, the system allows concurrent access methods, i.e., SSO and non-SSO. This approach is commonly used when dealing with an extended enterprise business model, i.e., when external users (e.g., vendors, contractors, inspectors) are an integral part of the LMS application. Noverant Confidential Page 18 Training Unique Training Program The Noverant Training Program is based on a proven blended learning experience driven by our Customer Advisory Board. The program provides ongoing training throughout the contract term: • Implementation – Informal, hands-on training begins days after contract award in the client sandbox environment. • Formal Training – Formal (remote) training sessions for administrators and key users occur in four half-day sessions. • OJT – Weekly OJT (remote) after go-live, sessions are provided for 3 months. • Video Library – Noverant now has nearly seventy narrated video-based training modules that are made available immediately to clients during implementation and available to users within the LMS. In addition, Noverant provides video-based training after each release when appropriate. Noverant Confidential Page 19 Training Video Library Noverant’s Training Library contains nearly 70 narrated training videos and interactive learning tools, available through our YouTube channel and as SCORM modules in the LMS. Users can be granted access to one or more video training libraries. Noverant Confidential Page 20 The images below are a few sample screen shots from the Noverant Video Library. Noverant Confidential Page 21 Job Aids Based on our Customer Advisory Board feedback, Noverant training program can include jointly developed job aids and manuals which can be branded and adapted per client. Noverant Confidential Page 22 c. Noverant Staff & References Noverant’s implementation team has decades of experience helping clients implement a LMS that fits their specific needs. Mr. J. Kline, the City’s Project Director - James brings extensive experience in project management of solutions in government, healthcare, manufacturing and non-profit. He is a technical PM with over 19 years’ experience and a certified PMP, with a BS in Physics from Central Michigan University. James will lead the Project Management Office for Clients, ensuring deliverables are provided within schedule, quality, and cost criteria. Most recently James led successful Noverant Online implementations for clients including City of Kitchener, City of Sault Ste. Marie, Government of Ontario, Government of British Columbia, James Brantley Hospital and Toronto Police Service. Mr. T. Simpson, the City’s Account Executive – Tyler has nearly 10 years of experience in driving successful implementations and client success in the learning industry. His experience includes mentoring and training programs, implementations of complex software applications in government and professional environments and creation of content for internal and external LMS solutions. He has managed client success and successfully implemented solutions in highly regulated industries including legal, engineering and government sectors. Tyler has a B.S. degree from East Carolina University and has held key roles at Relias Learning, Dude Solutions and 4iiz. Tyler will lead the City Implementation, Training and Account Management. Mr. J. Whitney, HRIS Integration Expert – Josh has been with Noverant since 2018 and is a Noverant technology and HRIS integration expert. He led the highly successful privacy, security, and integration testing between Noverant LMS and a major HRIS, leading to formal certification in the United States (Dec 2021) and Canada (Jan 2022). He holds a BS in Computer Science and Geology and will lead the Noverant-HRIS integration. Mr. J. Putney, the City’s Technical Executive - Jonathan has been with Noverant since 2008 and is a Noverant technology and accessibility expert. He will be the technical lead, primarily ensuring the City’s privacy, security, accessibility, and integrations needs are addressed. Prior to Noverant, he was a software developer and customer support engineer at Duke Energy, the largest utility company in the US. He has a BS in Computer Science from Grand Valley State University and Master of Engineering Management from Duke University. Ms. M. Simhadri, the City’s QA Lead - Madhavi has been with Noverant for over 12 years and has extensive experience in quality assurance in regulated markets. She will lead the QA testing and validation. Previously, she held lead quality assurance positions with Members 1st Credit Union, Allscripts and AT&T. She has a BS in Mathematics, Statistics and Computer Science from Osmania University of Hyderabad, India. Noverant Confidential Page 23 Dr. F. Gozzo, the City’s Executive Sponsor - Frank joined Noverant in 2006 and will be the executive sponsor for the City. He has over 30 years’ experience in leading complex programs in government, healthcare, aviation, and related industries. He began his career at IBM in government programs as chief engineer and IBM-certified PM and earned undergraduate and graduate degrees in engineering from Rensselaer Polytechnic Institute. Noverant Confidential Page 24 References HAMILTON COUNTY https://www.hamiltoncountyohio.gov/ Description Hamilton County is the home county of the Greater Cincinnati region, serving large cities and small towns in the County. Hamilton awarded Noverant a multi-year agreement in 2020 for our enterprise wide LMS (the same solution proposed to the County.) Contact Michelle Santorsola 513.946.4714 michelle.santorsola@hamilton-co.org Address 138 East Court Street, Room 402 Cincinnati, Ohio 45202 Ministry of Energy, Mines and Low Carbon Innovation Home - Province of British Columbia (gov.bc.ca) Description Learning Management System implementation and service for 200 users for a period of 2 years, the contract has been extended for twice. BC selected the province awarded Noverant a second concurrent contract in 2020 to serve the unique needs of the Ministry of Energy, Mines and Petroleum Resources. Active client since 2019. Contact Ms. Tiffany Johnson 236.478.2113 Tiffany.Y.Johnson@gov.bc.ca Address 8853 Hwy 97 N, Charlie Lake BC V0C1H0 STATE OF CONNECTICUT – ACCESS HEALTH https://accesshealthct.com Description Access Health CT (AHCT) is the State of Connecticut's official health insurance exchange marketplace. AHCT awarded Noverant a multi-year agreement in 2019 to address internal and external training. Contact Kevin Reardon 855-805-4325 Kevin.Reardon@ct.gov Address 280 Trumbull St Hartford, CT 06103 *Signed reference forms are included as separate items in the proposal package. Noverant Confidential Page 25 TAB 3 – Comprehensiveness of the Proposed Program and Project Implementation Strategy 1. Proposed Platform and User Expectations Easily Integrate with Any External System Noverant Online is commonly integrated with a variety of external systems. HRIS– Integration with one (or more) HRIS greatly simplifies user management by reducing the need for manual processing when a user is activated, terminated, or modified. SSO User Authentication – Clients can choose to enable SSO integration with their user authentication server (e.g., Active Directory) using a SAML 2.0 interface. This proven integration greatly improves the user experience since it minimizes common login issues. Badging/Security – The system can feed (or be fed) information related to security so that, for example, badge access to a certain access point can be disabled if the user has not completed the appropriate training. Noverant Confidential Page 26 External Content – The system can be used to access content that is sourced externally, such as a content from a corporate document management system, 3rd party content providers (e.g., LinkedIn Learning), YouTube channel, etc. Noverant Confidential Page 27 How are Learners Managed? The City can manually and automatically create learner profiles from one or multiple HRIS systems. Manual Additions/changes can be easily made to learner profiles by authorized the City users. User fields can also be set so that, e.g., a user’s profile will automatically be inactivated on a certain date. Administrators can also choose Ignore by Automation, which will ensure the user will not be inactivated during any external synchronization. Automatic Noverant LMS has been successfully integrated with all modern HRIS systems. Noverant Online can be integrated with one or more additional data sources. the City can choose integration depth and method through the following: • Integration frequency (including near real-time) and fields can be controlled via SFTP or API. • Fields which are not available from the HRIS can be automatically synchronized through other integrations (typically nightly synch). • Learner profiles in the LMS can include additional profile fields specified by the City that are controlled within the LMS. Noverant Confidential Page 28 Content: LinkedIn Learning, Noverant Library and 3rd Party Existing internal or 3rd party content is easily accessed from within Noverant Online and tracked as any other learning object. The Noverant solution includes a license to Articulate 360. Examples include government-sourced training, YouTube, LinkedIn Learning, Noverant Course library, etc. Noverant Confidential Page 29 2. Ability to Respond/Schedule The Noverant LMS allows for administrators, managers, and staff to communicate. On the homepage and dashboard users and can see their history and what needs requirements are needed to complete courses and earn certifications. Our notification features will allow administrators and managers to remind users on upcoming and past due requirements for scheduling purposes. The Noverant LMS allows for feedback from assessments and in-platform surveys. Learners Love our Engaging Home Page! The Home page provides a quick view of key functions and any incomplete Required and Optional Training. A learner can easily view incomplete items and click My Transcript to see all activities. My Transcript provides a complete history of all activities. Noverant Confidential Page 30 View Training Status Users enjoy our configurable, intuitive dashboard that automatically adapts to a user’s role(s). Incomplete assignments are easily visible on the home page. My Transcript drills into full history, including completion dates, expiration dates and ability to re-access the training. Users can easily view their learning plans and transcripts. Noverant Confidential Page 31 Configurable Notification Triggers Noverant Online includes configurable notification triggers which are used to launch pertinent notification emails without Noverant Tech Support. Reminders include upcoming training, expiration, overdue, content review (for content owners), etc. In addition to automated notifications, authorized users (e.g., managers) can launch an Email Reminder with a single-click. This message will be sent to all users who have not yet completed a particular assignment. Finally, the system permits unlimited custom notifications which can be highly specialized. Noverant Confidential Page 32 Dozens of Configurable Email Templates the City can customize dozens of configurable email templates. In addition, notifications for specific ILT/VILT can include course/session-specific information such as directions, virtual link, etc. Noverant Confidential Page 33 Outlook Notifications Learners receive an automatic email with Outlook/iCal compatible attachment. In addition, learners will receive an updated email with Outlook/iCal attachment if any key information regarding the ILT has changes (e.g., time, venue, etc. The automated notification will include any dial-in/connect instructions for a VILT session. Data elements/fields can be modified in notifications as shown in the Session Instructor Add notification below. Note – Links to courses will require users to log back in if there are no active LMS sessions. Noverant Confidential Page 34 Assessment Feedback for Different Stakeholders Our assessment engine provides several methods of automated feedback to learners, content owners and managers: Learners Real-Time: If desired, feedback can be presented immediately to the learner after each question (i.e., flash card style) for assessments that are assigned in practice mode. Post-Test: An optional Review Window can be configured for any assessment so that, after completing the assessment, the learner can be allowed to view the results (and explanations) for each question during the Window. Note that the length of the Review Window can be configured as desired (e.g., number of days). Content Owners Automated reports can be sent to instructional designers, providing real-time feedback at a macro and micro (i.e., specific question/answer) level. Managers Managers can be sent automated reports that provide instant feedback regarding failed attempts, average score, etc. Noverant Confidential Page 35 5-Star Ratings & Surveys Users can rate training/content with a single- click. Create and manage survey templates. Create an unlimited number of survey/feedback templates. Noverant Confidential Page 36 3. Reporting Industry Leading Reporting Capability Noverant’s solution includes unprecedented reporting capabilities, with hundreds of configurable standard reports and unlimited custom reports: All learning events and activities are tracked in the system, including audit trail capabilities to support compliance requirements. The system includes unique reporting and analytics which allows users to view transactions using user-friendly reports that can be used one-time or saved for repeated use. Learners have real-time access to their activity which can be filtered, sorted & exported. Administrators can manage hundreds of configurable standard reports and unlimited custom reports which can be saved and viewed online or automatically distributed. Reports can include virtually any data in the system including data segmented by department, training progress, time to complete, etc. Reports can be exported in Excel or PDF, and the system also includes automated email reports for users and manager. Managers can run reports on their groups, drill down to group-level or individual learner transcripts and view a single-click compliance report. Noverant Confidential Page 37 Hundreds of Configurable Standard Reports Noverant Online provides hundreds of configurable standard reports that authorized client administrators can manage without Noverant Support. Once a report is defined in our intuitive report editor (below), the report can be made available to managers who can then run the report within their scoped groups and content. Noverant Confidential Page 38 Unlimited Custom Reports Noverant Online provides unlimited custom reports. They can be automated and sent to client- specified users. Noverant Confidential Page 39 Track Progress The system features a Single-Click Group Transcript Function. The popular feature (requested explicitly by Government Inspectors) provides real-time status of all training assigned to a particular group (e.g., location, role, etc.) Noverant Confidential Page 40 Proactively Alert Users with Automated Reports Noverant Online includes many intelligent notification features which can help avoid unnecessary emails. For example, rather than a manager being inundated with dozens or hundreds of emails, Noverant features a unique Manager Digest: Manager Digest – Training coordinators and managers receive a periodic (daily, weekly, etc.) consolidated digest email of all their learners and their status. The timing of Manager Digests can be configured (or disabled) as desired. In addition, clients can create unlimited standard or custom reports to be distributed to managers as appropriate. Another example of our user-friendly notifications is our consolidated User Digest: User Digest – Rather than sending a new hire dozens of emails associated with new training assignments during initial on-boarding, the system sends a consolidated User Digest anytime a triggering event would warrant an email notification. This consolidated digest includes all new, expiring, or past due training in a single email. Noverant Confidential Page 41 Client Access to Records Training records are retained indefinitely throughout the contract term. the City can download these records at any time during the term and at contract termination at no additional cost. Training history is always retained, regardless of an employee’s job function or location. If a learner resigns, his/her training history is retained and available to authorized users (and regulators) for compliance reporting. In addition, if the user is re-hired, he/she can pick up where they left off. Noverant Confidential Page 42 4. Implementation Strategy Low Risk Implementation Schedule Project Plan – Since 2006, Noverant has successfully implemented our SaaS-based LMS for diverse clients using our SOP-driven client-onboarding. Since our solution is ready and off-the- shelf, we are confident we can go live within 45-90 days after contract award. Clearwater Implementation Schedule - Preliminary NOTE – The schedule above can be shortened significantly, particularly if historical records are in good shape and do not require extensive manual corrections (e.g., resolving employee name changes; handling similarly-named content; etc. Noverant Confidential Page 43 Four-Phase Implementation Plan Our proven deployment approach is based on four distinct phases: Phase 1: Discovery and Planning While the Noverant LMS has been deployed for the past 20 years, every client has diverse operational needs and processes. In this short discovery phase, we will work with the City staff to document the current/desired user journeys and answer questions such as: “What should the Basic Learner journey and experience look like? Manager? etc. In addition to defining journey maps for the key users, this phase will also produce the basic project plan, formation of core team(s), requirements workshops, planning and scheduling, disaster recovery/business continuity and business process planning. Finally, as part of this initial phase, a client-dedicated Sandbox instance is launched which will be available throughout the contract period. Phase 2: Sandbox, Data, Configuration and Testing The Noverant LMS Sandbox is an independent instance created for each client to enable testing, configuration, training, break-fix scenarios, and quality assurance before promoting any changes into Production. User configuration, data migration, reporting, security, functional and non-functional testing are all initiated and verified in the Sandbox. The Sandbox Environment is fully featured and uses the same security and architecture as production environments. The availability is not subject to production SLAs, but it is fully supported through Noverant Technical Support at lower severity. Noverant Confidential Page 44 Phase 3: Production Build out. This project Phase will load all tested data, configurations, branding, and reports to the Production Instance which enables final verification testing directly on production datasets. During this phase, we also recommend clients begin with an initial focus group of users. It will be valuable to gain their feedback on a wide range of items including user interface, terminology, content naming, completion standards, registration, and authentication procedures, etc. The feedback from these focus groups will be reviewed by Noverant and the City and changes can be easily implemented before the full roll out2. Phase 4: Roll Out Based on 20+ years of client deployments, we have seen a wide variety of successful roll-out strategies which generally fall under one of three models: Big Bang - All users are concurrently on-boarded. Phased – Roll out is staggered across different user groups (e.g., by location, urgency, etc.) Parallel – Roll out is done in separate but concurrent user groups. Based on our experience, the phased rollout is usually a good choice. Noverant will help the client choose the best option as part of the Phase 1 Discovery activity. 2 NOTE – Conducting a focus group to gather feedback is recommended but certainly not required. the City may have other data that could help optimize the end user experience. Noverant Confidential Page 45 TAB 4 – Method of Approach and Timeline 1. Project Plan/Approach Best Practices Noverant has over 20 years experience providing efficiency and enhancing our LMS’s effectiveness to clients. We have multi-step approach developed from best practices that defines deliverables and milestones -installation, integration, training, and testing- for each phase of the LMS implementation. 001 – Project Initiation The first effort details the delivery of Sandbox environment, Requirements Workshops, Disaster Recovery and Business Continuity, Business Process Alignment, and a Delivery Plan with Approved Schedule. 002 – Data Migration This body of effort details the work for data strategy, standards, process, tools, templates, transmission, validation and loading of client data, including initial loads for user, groups, content, and historical records (if any). Automation of daily user/group files from the County source(s) may also be in scope for internal and/or external users. 003 – Configuration and Reporting Details and process for environmental, global, group and user configuration and reporting. 004 – Training Materials and Delivery Training material is available, and, in this effort, we jointly identify the training strategy, materials, schedule and resources for knowledge transfer of LMS to administrators, super users, trainers and end users (internal and external) during the implementation. 005 – Functional, System and Acceptance Testing Implementation will require documented and verified testing at the system, functional and user acceptance level. The testing strategy, resources, requirements tracking and testing procedures are aligned with Phases 1 & 2 of the implementation. 006 – Roll Out, Go Live and Initial Support Communication of LMS startup, checklist for go-live and initial support will be defined within this scope. Noverant Confidential Page 46 Experienced Project Management Resources – The Noverant staff assigned to client implementations are full-time Noverant employees. Noverant does not subcontract/outsource the implementation to any third party. Continuity – The team assigned during the LMS implementation phase will remain an integral part of the client success team throughout the contract term. SOP-driven Implementation – With nearly 20 years of implementation experience, Noverant has developed a proven, SOP-driven system that is efficient and effective. The Noverant team will work with client’s staff and lead key activities such as Data Migration, Communication Planning, Training, Validation, and related activities. Noverant Confidential Page 47 2. Breakdown of Timeline Client Critical Engagements The following matrix includes participation, data and documentation that is required from the City to support the implementation. ID Task/Item Type 1 Initial Planning / Journey Mapping Meeting(s) 2 Business Process Workshop(s) Meeting(s) 3 Disaster Recovery and Business Continuity Document 4 Data Migration Workshop(s) Meeting(s) 5 Identify, extract, transform & cleanse data for migration (user, content, and history) Data 6 Organizational Group/User structure Data 7 Develop Data automation (user/group synch) Data 8 Configuration Workshop(s) Meeting(s) 9 Review of LMS screens with configuration markups Document 10 Provide Branding scheme Data 11 Reporting Workshop(s) Meeting(s) 12 Provide Report samples and definitions Data 13 Validate Report Results and formatting Data 14 Identify and Schedule training resources Training 15 Testing Workshop Meeting(s) 16 Conduct System Testing in Sandbox Testing 17 Conduct Functional Testing in Sandbox Testing 18 Conduct User Acceptance Testing Testing 19 Verify Production Readiness Testing 20 Communicate to User Community Client Noverant Confidential Page 48 Key Milestones Progress of the implementation will be tracked by milestones aligned to each scope of work and/or deliverable. Below is the breakdown of typical project progress milestones. ID Major Milestones MS01 Requirements Review Complete MS02 Final Delivery Plan and Implementation Schedule Approved MS03 Sandbox Data Migration Complete MS04 Sandbox Data Automation Complete MS05 Sandbox Environment Configured MS06 Sandbox Reports Verified MS07 Sandbox System/Functional Testing Complete MS08 Training for Testers and Trainers Delivered MS09 Production Environment Configured, Data Loaded MS10 Production Verification Complete MS11 GO LIVE Noverant Confidential Page 49 Key Deliverables The matrix below is provided to define key deliverables of a typical LMS implementation: ID Deliverables Type CD 001 Sandbox Instance Environment CD 002 Login Authentication Requirements Environment CD 003 LMS Implementation Plan Document CD 004 Disaster Recovery and Business Continuity Plan Document CD 005 Data Migration Strategy Document CD 006 Organizational Groups/Users Data CD 007 Scrubbed Content Data for Migration Data CD 008 Sandbox Configuration Document CD 009 Reports and Schedules Document CD 010 Acceptance Strategy Document CD 011 Training and Orientation Service CD 012 Production Instance Environment CD 013 Roll Out Strategy Document CD 014 Go/NoGo Checklist Document CD 015 Production Instance Live per Roll-Out Strategy Environment CD 016 Post Go Live Support Service Noverant Confidential Page 50 3. Troubleshooting and Support Case Management Noverant’s Project Management Methodology Noverant’s project managers with PMP certification from PMI are held to the ethics as described at https://www.pmi.org/about/ethics/code: PMBOK provides the process and tools that can be used through out the life cycle of the project. Noverant is adaptable and will work their client to define the tools, methods and processes that make sound business sense for this implementation under the joint agreement of project management team from both client and vendor. Project Management Methodologies used at Noverant include: • Waterfall • Rolling Wave • Critical Path Project Records such as, Decision Logs, Milestones and Deliverables will all be contained in a portable MS format that is agreeable and shared with the City Core Project Team. Project Artifacts, including but not limited to; documents, data, scripts, schedules, and data, will be shared via secure Project Vault as appropriate. This includes a SFTP site with only named/core implementation team member access. Communication Plan The communication matrix below indicates the type of communication, method of delivery, frequency and roles required. This will be jointly owned and maintained by client and vendor during the implementation kick off. ID Communication Description Frequency Format Owner Recipient/ Attendees 1 PM Status Dashboard report of open risks, issues & actions Weekly Virtual meeting with audio and screen share Noverant PM City PM 2 Exec Status Overview of Project progress, major risk Monthly Conference Call Noverant PM City Stakeholders 3 Exec Review Review Project ROI Benchmarking and Operational Recommendations Annual On-Site Noverant Exec Sponsor City Stakeholders Noverant Confidential Page 51 IMPORTANT – Noverant provides an on-site review at each anniversary to brief senior management on project ROI, benchmarking insights, and recommendations for operational improvements. This unique service has proven to be extremely valuable for our enterprise government clients. Status Reporting The matrix below indicates the type of communication, method of delivery, frequency and roles required. A RED YELLOW GREEN paradigm will be used on this dashboard with RED as requiring the most attention. This will be jointly owned and maintained by client and vendor for each SOW. If necessary, a summary dashboard for Stakeholder Status will be created. ID Deliverable Status Update from Previous Status I/A/R reference Owner Due Date 1 Deliverable RED YELLOW GREEN Annotations of change Open issues, actions, and risks Who owns deliverable? Date Risk/Issues/Action Log For the scale of this implementation, Noverant will utilize a consolidated and portable Risk/Issues/Action log to be shared between Noverant and the City in a format like that shown below: Action Items Project <project name> Project # <project id> Project manager <name> Sponsor <name> Project artifacts <location> Updated <date> ID Action Item Owner Status Date Entered Planned Completion Actual Completion Comments 1 What is the item to be completed? Who manages this issue? Noverant Confidential Page 52 Project Governance and Change Management Noverant’s Project Governance utilizes a basic Project Management Office and corporate Steering Committee to review, advise, measure, and control the outcome of projects meeting criteria for governance. Tools, processes, methodologies, and metrics of projects are standardized to provide intelligence with each project completion, both successes and failures. Noverant Confidential Page 53 TAB 5 – Long-term Support and Maintenance a. Warranty Information Not applicable. Our SaaS-based service includes industry-standard SLA which is in effect throughout the contract period. b. Support and Maintenance Services Noverant Project Management Office Support Structure - Our Project Management Office structure for each client is shown below: The Noverant Tech Support center and engineering organization is based in North Carolina, staffed by Noverant employees providing 24x7x365 availability backed by our service level agreement (SLA). In-country AWS data centers are staffed 24x7x365 and government approved. the City will receive enterprise-level support throughout the contract period, with unlimited tickets to our Tech Support center. Service includes government-approved disaster and backup plans and 24-hour RPO / 24-hour RTO guidelines. Noverant serves a world-wide user base, accessing the LMS through hundreds of combinations of devices, operating systems, and browsers – we have seen every type of service ticket! CLEARWATER PROJECT MANAGEMENT OFFICE (PMO) NOVERANT - PROJECT DIRECTOR - ACCOUNT EXECUTIVE DATA CENTER OPERATIONS QUALITY & COMPLIANCE ENGINEERING IMPLEMENTATION ACCOUNT MGMT TRAINING & SUPPORT EXECUTIVE SPONSOR Noverant Confidential Page 54 Noverant Tech Support – 24x7x365 The Noverant Tech Support center is based in North Carolina, staffed by Noverant employees providing 24x7x365 availability backed by our service level agreement (SLA). For each implementation, we use the client’s in-country AWS data centers which are staffed 24x7x365 and government approved to comply with privacy and security regulations. the City will receive enterprise-level support throughout the contract period, with unlimited tickets to our Tech Support center. Service includes government-approved disaster and backup plans and 24-hour RPO / 24-hour RTO guidelines. Noverant serves a world-wide user base, accessing the LMS through hundreds of combinations of devices, operating systems, and browsers – we have seen every type of service ticket! Noverant Confidential Page 55 Noverant Online – System Uptime & Response Time Since first launching our SaaS-based solution 16 years ago, Noverant has consistently exceeded SLA requirements. Average Uptime: 99.998921% Average uptime metric based on average of client production instances across all data centers, excluding scheduled maintenance windows. the City sandboxes and test environments are excluded. Tier 1 and 2 tickets are handled by our tech support staff using the Zendesk enterprise-level application software. Tickets are immediately acknowledged, time-stamped and escalated upon reaching SLA thresholds. Normal hours and response time targets • Self-Help (24/7/365) – Noverant Online includes self-help options for basic functions (e.g., password, username, built-in help, etc.). • Urgent (24/7/365) – Urgent requests (e.g., system unavailable) are addressed 24/7/365 and include direct communication with the client until resolved. • Non-Urgent (6AM-8PM ET) – Non-urgent help requests are acknowledged immediately with a ticket number and target initial response time of less than 4 hours and resolution time less than 8 business hours. First Reply (Target / Actual) 1 Hr / 0.3 Hrs  Full Resolution (Target / Actual) 24 Hr / 21.1 Hrs  Noverant Confidential Page 56 Noverant Service Level Agreement Noverant Confidential Page 57 TAB 6 – Cost of Services Noverant’s cost proposal below includes the one-time fees for implementation and annual fees for the LMS and the Noverant Library. Testing is included with the Sandbox and Implementation/Configuration fees. There are no extra costs for troubleshooting, building reports, and training (initial and post-launch). Cost Proposal Descriptions Qty Frequency Unit Price Total One Time Fees: $6,800 SANDBOX ACTIVATION 1 One Time $ 1,900 $1,900 IMPLEMENTATION/CONFIGURATION 1 One Time $ 2,400 $2,400 INITIAL TRAINING 1 One Time $ 2,500 $2,500 Recurring Fees: NOVERANT LMS • Annual Subscription with 100 Noverant Library courses. 1 Annual $62,655 $62,655 Notes 1) Environments – Includes a dedicated sandbox and production environments. 2) Payment – Subscription fee paid annually in advance. Payments are due net 30 days. 3) The City can choose any 100 courses from the Noverant Library, which includes over 1,900 courses. Additional content bundles are available. 4) Optional Services – Pricing for additional language packs, content development, or on- site services are available and can be priced upon request. Noverant Confidential Page 58 TAB 7 – Other Forms The following completed forms are included as attachments per the RFP: 1. Exceptions/Additional Materials/Addenda Form 2. Vendor Information Form 3. Vendor Certification of Proposal Form 4. Scrutinized Companies form(s) 5. E-Verify Eligibility Form 6. W-9 Form 1) AlfKa, LLC 2) Anthology Inc. 400 North Tampa Street, Suite 1440 5201 Congress Avenue, Suite 220A Tampa, FL 33602 Boca Raton, FL 33487 813-544-2866 561-923-2500 Certified:SBE 3) Auzmor, Inc. 4) Cypher Learning Inc. 6600 Westtown Parkway, Suite 255 7520 Dallas Parkway, Suite 400West Des Moines, IA 50266 Plano, TX 75024 515-612-0437 972-634-3401 Certified: MBE 5) D2L Ltd. 6) E-Learning Force Corporation 210 W. Pennsylvania Avenue, Ste 400A dba LMS365 Towson, MD 21204 6543 S. Las Vegas Blvd, Suite 200 1-888-772-0325 Las Vegas, NV 89119571-252-9330 7) Envolvemedia LLC 8) Governmentjobs Inc. 5802 Tidewater Preserve Blvd dba. NEOGOV Bradenton, FL 34208 2120 Park PLace, Suite 100 757-275-4742 El Segundo, CA 90245 310-426-6304 9) Infor Global Operations LP 10) Learnsoft Technology Group Inc dba Infor (US) LLC 200 Academy Drive, Suite 200 13560 Morris Road, Suite 4100 Austin, TX 78704Alpharetta, GA 30004 858-546-1800 678-319-8000 11) Noverant Inc. 12) Phoenix Business Inc. 421 Fayetteville Street, Suite 1116 dba Phoenix Business Consulting Raleigh, NC 27601 6021 Midnight Pass Road, Unit 3 424-399-5398 Sarasota, FL 34242 310-779-9132 13) Trismax Inc. dba Circle LMS4695 Chabot Drive, Suite 273 Pleasanton, CA 94588 925-271-0279Certified: MBE ADVERTISED: TAMPA BAY TIMES 6/7/2023 POSTED:myclearwater.com 6/1/2023 - 7/7/2023 Due/Opening: July 7, 2023; 10:00 a.m. REQUEST FOR PROPOSAL No. 32-23 Learning Management System Solicitation Response Listing FOR THE CITY OF CLEARWATER Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1258 Agenda Date: 11/2/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 6.7 SUBJECT/RECOMMENDATION: Approve an increase to Pinellas County for the Joint Project Agreement (JPA) 001034A between Pinellas County and the City of Clearwater for the Reclaimed Water Pipe Repair on Old Coachman Rd., Project 17-0056-UT in the amount of $87,897.48 for a new project total of $594,480.48 and authorize the appropriate officials to execute same. (consent) SUMMARY: Pinellas County intends to replace the bridge at the Old Coachman Road over Alligator Creek crossing near BayCare Ballpark. The City of Clearwater owns and maintains a 16-in. reclaimed water (RCW) main that runs along the west side of the existing bridge. The bridge construction requires relocation or adjustments to the City’s RCW main due to conflicts with the County’s proposed improvements. The City benefits from the relocation. November 2019, Purchasing Manager approved the initial Work Order to EOR AECOM in the amount of $29,158.00 to provide design and bidding services associated with relocating the RCW main. June 2020, City Manager approved Supplemental Work Order 1, in the amount of $46,220.00, to AECOM, increasing the total work order value to $75,378.00, to include engineering services during construction associated with relocating the city RCW main. On June 4, 2020, City Council approved a JPA in the amount of $356,790.00 to fund the contractor’s construction costs (ID#20-7764). Unfortunately, Pinellas County did not bid the project within the original JPA timeline, and it has since expired. The bidding did not occur due to COVID related issues and lack of project manager resources. Also, due to the amount of time that had passed since the original JPA and Supplemental Work Order 1 were approved, both costs had increased. On December 1, 2022, City Council approved (ID #22-1216) a revised JPA #001034A with Pinellas County in the amount of $506,583.00, to fund the contractor’s construction costs. On September 18, 2023, Pinellas County provided the City with the response from Cone & Graham, Inc., the lowest responsive, responsible bid in accordance with the specifications . The city of Clearwater’s Utility Work responsibility included in the low bid is $566,171.88. Furthermore, an additional 5% administrative cost to the bid amount is due to Pinellas County at the time of payment, per the JPA. Thus, the city will be responsible for a payment of $594,480.48 to the County for this utility work. On September 26, 2023, City manager approved Supplemental Work Order 2, in the amount of $9,218.00, to AECOM that provides for additional costs adjustments for engineering services during construction. AECOM’s total work order value increased to $84,596.00. Page 1 City of Clearwater Printed on 10/31/2023 File Number: ID#23-1258 The project is estimated to be completed within 240 calendar days from the Notice to Proceed issued by Pinellas County to the contractor. Public Utilities owns and maintains the reclaimed distribution system included in this scope of work. Repair of the reclaimed main supports the City’s strategic objective of High Performing Government by maintaining public infrastructure and environmental resources as well as responsive levels of service for public facilities and amenities. APPROPRIATION CODE AND AMOUNT: 3217321-546900-96739 $ 594,480.48 Funds are available in capital improvement project 96739, Reclaimed Water Distribution System to fund this JPA. Page 2 City of Clearwater Printed on 10/31/2023 Pay Item No. DescriptionUnit Quantity UnitPrice Amount005-0700 SURVEY AND LAYOUT BY CONTRACTORLS 1.0 $70,000.0070,000.00$ 005-0800 QUANTITY MEASUREMENTS SURVEY BY CONTRACTORLS 1.0 $20,000.0020,000.00$ 005-0850 SURVEY, PERMITTING AS-BUILT REQUIREMENTSLS 1.0 $15,000.0015,000.00$ 101-0100 MOBILIZATIONLS 1.00500,000.00$ 500,000.00$ 102-1099 SIGN, VARIABLE MESSAGE (3 LINES) (TEMPORARY)ED 2285 $12.0027,420.00$ 102-5000 WATER, for Dust ControlTHG 150.0 $300.0045,000.00$ 102-1000 MAINTENANCE OF TRAFFICLS 1.0 200,000.00$ 200,000.00$ 102-800-9001 BARRICADE, TYPE III, PCEDEA 5.0 $1,000.005,000.00$ 104-1 PREVENTION, CONTROL, AND ABATEMENT OF EROSION & WATER POLLUTION LS 1.0 $150,000.00150,000.00$ 104-10 SILT FENCE - REINFORCEDLF 1605.0 $3.505,617.50$ 104-16 TURBIDITY BARRIER, FLOATINGLF 243.0 $23.005,589.00$ 104-17 TURBIDITY BARRIER, STAKEDLF 226.0 $15.003,390.00$ 104-20 SOIL TRACKING PREVENTION DEVICEEA 2.0 $2,500.005,000.00$ 104-7 INLET PROTECTION SYSTEMSEA 8.0 $150.001,200.00$ 110-0100 CLEARING & GRUBBINGLS 1.0 $80,000.0080,000.00$ 120-0020 EXCAVATION, UNSUITABLE MATERIALCY 12.0 $150.001,800.00$ 120-1100 GRADINGLS 1.0 $150,000.00150,000.00$ 160-0012 STABILIZATION, TYPE B, LBR 40, 12" MIN THICKNESSSY 3203.0 $15.0048,045.00$ 234-1250-400 SUPERPAVE ASPHALT BASE, Type B 12.5, 4" Min. ThicknessTN 153.1 $220.0033,682.00$ 234-1250-600 SUPERPAVE ASPHALT BASE, Type B 12.5, 6" Min. ThicknessTN 855.4 $220.00188,188.00$ 334-1-12 SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC BTN 679.2 $240.00163,008.00$ 339- 1 ASPHALT, MISCELLANEOUSTN 33.8 $1,000.0033,800.00$ 380-2200 MILLING EXISTING ASPHALT PAVEMENT, 2" AVERAGE DEPTH SY 569.8 $15.008,547.00$ 425-1703 INLET, GUTTER, FDOT TYPE S, J BOTTOM <10'EA 4.0 $20,000.0080,000.00$ 425-1704 INLET, GUTTER, FDOT TYPE S, J BOTTOM >10'EA 1.0 $25,319.2225,319.22$ 425-2-71 MANHOLES, J-7,<10'EA 1.0 $10,360.2910,360.29$ 425-521-0000 INLET, GUTTER, FDOT TYPE S, <10'EA 2.0 $11,000.0022,000.00$ 430-121-0018 PIPE CULVERT, CONCRETE, ROUND, 18" IDLF 46.0 $165.007,590.00$ 430-121-0024 PIPE CULVERT, CONCRETE, ROUND, 24" IDLF 15.0 $190.002,850.00$ 430-121-0030 PIPE CULVERT, CONCRETE, ROUND, 30" IDLF 134.0 $250.0033,500.00$ 430-121-0036 PIPE CULVERT, CONCRETE, ROUND, 36" IDLF 250.0 $400.00100,000.00$ 430-122-2438 PIPE CULVERT, CONCRETE, ELLIPTICAL, 24" X 38" IDLF 76.0 $300.0022,800.00$ 430-122-3860 PIPE CULVERT, CONCRETE, ELLIPTICAL, 38"X60" IDLF 47.0 $450.0021,150.00$ 430-122-4876 PIPE CULVERT, CONCRETE, ELLIPTICAL, 48" X 76" IDLF 676.0 $900.00608,400.00$ 430-425-3860 MITERED END SECTION, ELLIPTICAL, 38"X60"EA 1.0 $25,000.0025,000.00$ 430-450-0024 END SECTION, MITERED, Side Drain, 24" RCPEA1.0 $5,000.005,000.00$ 430-455-3860 END SECTION, MITERED, Side Drain, 38" x 60" ERCPEA1.0 $25,000.0025,000.00$ 430-470-0024 END SECTION, Flared, 24" RCPEA1.0 $15,000.0015,000.00$ 430-536-120 STRAIGHT CONCRETE ENDWALLS, 36", SINGLE, 30 DEGREES, ROUND EA 1.0 $12,500.0012,500.00$ 430-536-200 STRAIGHT CONCRETE ENDWALLS, 36", DOUBLE, 0 DEGREES, ROUND EA 1.0 $15,500.0015,500.00$ 430-548-122 STRAIGHT CONCRETE ENDWALLS, 48", SINGLE, 30 DEGREES, ELLIPTICAL EA 1.0 $25,000.0025,000.00$ 520- 6 CONCRETE SHOULDER GUTTERLF 323.0 $60.0019,380.00$ 520-2000-4000 CURB & GUTTER, CONCRETE, FDOT TYPE DLF 51.0 $60.003,060.00$ 522-0006 SIDEWALK, CONCRETE, 6" MIN. THICKNESSSY 307.0 $125.0038,375.00$ 522-2 DETECTABLE WARNINGSSF 65.0 $50.003,250.00$ Old Coachman Road Bridge Replacement PID No. 001034ABID No. 23-0895-ITB-C Step 2 Engineer's Estimate Roadway/Drainage 536- 7- 1 SPECIAL GUARDRAIL POST- DEEP POST FOR SLOPE BREAK CONDITION - TIMBER OR STEEL EA 32.0 $150.004,800.00$ 536- 7- 3 SPECIAL GUARDRAIL POST- ENCASED POST FOR SHALLOW MOUNT EA 1.0 $350.00350.00$ 536- 73 GUARDRAIL REMOVALLF 808.7 $15.0012,130.50$ 536-1001 GUARDRAIL, METAL, W/TIMBER POSTS, FDOT INDEX 400LF 915.0 $35.0032,025.00$ 536-4001 BRIDGE ANCHORAGE AS, FDOTEA 4.0 $4,000.0016,000.00$ 536-85-24 GUARDRAIL END TREATMENT - PARALLEL APPROACH TERMINAL EA 4.0 $3,500.0014,000.00$ 538-5001 GUARDRAIL, W/TIMBER POSTS, RESETLF 74.0 $35.002,590.00$ 575-0103 SODDING, BAHIASY 2423.0 $10.0024,230.00$ 800-1615 IRRIGATION (SPRINKLER) REPAIR OR REPLACE, Including Fittings, Heads and Related Appurtenances LF 100.0 $100.0010,000.00$ 108-2 MONITOR EXISTING STRUCTURES - VIBRATION MONITORING LS 1.0 $30,000.0030,000.00$ 110-3000 REMOVAL OF EXISTING STRUCTURELS 1.0 $75,000.0075,000.00$ 400-2-8 CONCRETE CLASS II, BULKHEADCY 78.8 $2,500.00197,000.00$ 400- 2- 11 CONCRETE CLASS II, RETAINING WALLCY 14.5 $1,250.0018,125.00$ 400- 2- 47 CONCRETE CLASS II, CIP TOPPING WITH SHRINKAGE REDUCING ADMIXTURE CY 87.0 $2,000.00174,000.00$ 400-148 PLAIN NEOPRENE PADSCF 12.6 $2,000.0025,200.00$ 400-2-10 CONCRETE CLASS II, APPROACH SLABSCY 127.3 $720.0091,656.00$ 400-2-15 CONCRETE CLASS II, MISCELLANEOUSCY 114.6 $1,500.00171,900.00$ 400-2-5 CONCRETE CLASS II, SUBSTRUCTURECY 78.6 $2,500.00196,500.00$ 400-7 BRIDGE FLOOR GROOVINGSY 260.7 $7.501,955.25$ 415- 1- 3 REINFORCING STEEL, RETAINING WALLLB 1786.0 $2.003,572.00$ 415-1-4 REINFORCING STEEL, SUPERSTRUCTURELB 21018.0 $2.5052,545.00$ 415-1-5 REINFORCING STEEL, SUBSTRUCTURELB 9915.0 $2.0019,830.00$ 415-1-6 REINFORCING STEEL, MISCELLANEOUSLB 25285.0 $2.2055,627.00$ 415-1-7 REINFORCING STEEL, BULKHEADLB 5639.0 $2.2012,405.80$ 415-1-8 REINFORCING STEEL, APPROACH SLABLB 21722.0 $2.1045,616.20$ 450- 8- 13 PRESTRESSED BEAM FLORIDA SLAB BEAM, BEAM DEPTH 12", WIDTH 55-57" LF 654.0 $500.00327,000.00$ 455-133-1 PILING, SHEET, STEELSF 9510.0 $85.00808,350.00$ 455-141-18 PILE, TEST, (18" SQUARE)LF 170.0 $500.0085,000.00$ 455-3-18 PILING, PRE-STRESSED CONCRETE, (18" SQUARE)LF 1314.0 $200.00262,800.00$ 458-1-11 BRIDGE DECK EXPANSION JOINT, POURED JOINT W/ BACKER ROD LF 207.0 $100.0020,700.00$ 459- 71 PILES, POLYETHYLENE SHEETINGSY 8.0 $100.00800.00$ 460-2-2 STRUCTURAL STEEL (LOW ALLOY)LB 2909.0 $7.5021,817.50$ 515- 4- 2 BULLET RAIL, DOUBLE RAILLF 270.0 $190.0051,300.00$ 515- 8511 HANDRAIL, BRIDGE, STEEL PIPE, GALVANIZED, PICKET RAILING LF 334.0 $200.0066,800.00$ 520-5000 PARAPET, CONCRETE, PEDESTRIAN/BICYCLELF 270.0 $103.0027,810.00$ 521- 5- 13 CONCRETE TRAFFIC RAILING - BRIDGE, 36" SINGLE-SLOPELF 270.0 $145.0039,150.00$ 524-3610 BREAKWATER BEDDING STONETN 468.9 $200.0093,780.00$ 530-1100 RIPRAP, SAND-CEMENT, W/FILTER FABRICCY 22.7 $1,800.0040,860.00$ 530-2200 RIPRAP, RUBBLE, W/FILTER FABRICTN 1316.8 $175.00230,440.00$ 530-3-4 RIPRAP, RUBBLE, F&I, DITCH LININGTN 271.0 $200.0054,200.00$ 700-1-11 SINGLE POST SIGN, F&I GROUND MOUNT, UP TO 12 SFAS 6.0 $511.003,066.00$ 700-1-60 SINGLE POST SIGN, REMOVEAS 6.0 $75.00450.00$ 705-10-4 OBJECT MARKER, TYPE 4EA 2.0 $225.50451.00$ 710-90 PAINTED PAVEMENT MARKINGS, FINAL SURFACELS 1.0 $10,000.0010,000.00$ 711-11-123 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" FOR CROSSWALK AND ROUNDABOUT LF 84.0 $15.001,260.00$ 711-11-125 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" FOR STOP LINE AND CROSSWALK LF 23.0 $30.00690.00$ 711-11-170 THERMOPLASTIC, STANDARD, WHITE, ARROWEA 4.0 $200.00800.00$ 711-11-224 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" FOR DIAGONALS AND CHEVRONS LF 62.0 $12.00744.00$ 711-14-125 THERMOPLASTIC, PREFORMED, WHITE, SOLID, 24" FOR CROSSWALK LF 89.0 $30.002,670.00$ 711-16-101 THERMOPLASTIC, STANDARD-OTHER SURFACES, WHITE, SOLID, 6" GM 0.36 $12,000.004,320.00$ 711-16-201 THERMOPLASTIC, STANDARD-OTHER SURFACES, YELLOW, SOLID, 6" GM 0.42 $12,000.005,040.00$ 713-103-101 PREMANENT TAPE, WHITE, SOLID, 6" FOR CONCRETE BRIDGES GM 0.03 $36,000.001,080.00$ 713-103-201 PERMANENT TAPE, YELLOW, SOLID, 6" FOR CONCRETE BRIDGES GM 0.03 $32,000.00960.00$ 900-0100 Signs - Project Identification - Installation OnlyLS 1.00 $500.00500.00$ 900-0200 OFFICE FOR THE ENGINEERED 450.00 $40.0018,000.00$ 999-1000 Unspecified Work - Roadway and DrainageEA 650,000.00$1.00650,000.00$ 6,999,217.26$ CLW-005-0900 Survey As-BuiltLS 1 $3,500.003,500.00$ CLW-101-0100 Mobilization/DemobilizationLS 1 $22,000.0022,000.00$ CLW-102-0100 Maintenance of TrafficLS 1 $3,000.003,000.00$ CLW-575-0103 Sodding, BahiaSY 800 $12.009,600.00$ CLW-1 F&I 12" C-900/RJ CERTA-LOK DR 18 PVC RCW by HDDLF 240 $240.0057,600.00$ CLW-2 F&I 12” C-900/RJ CERTA-LOK DR 18 PVC RCW by Open CutLF 280 $200.0056,000.00$ CLW-3 F&I 12” DI RCW Pipe Installed on Steel Pipe BridgeLS 1 $175,000.00175,000.00$ CLW-4 Remove & Dispose of Existing Aboveground Bypass PipeLF 520 $28.0014,560.00$ CLW-5 Remove & Dispose of Existing Buried 12" RCW PipeLF 100 $35.003,500.00$ CLW-6 F&I 12" Gate Valve & Valve BoxEA 2 $9,200.0018,400.00$ CLW-7 F&I 12" Thrust Restraint for New Fittings & Valves to PVC PipeEA 20 $310.006,200.00$ CLW-8 F&I 12" Thrust Restraint for Existing PVC PipeEA 4 $1,750.007,000.00$ CLW-9 F&I Combination Air Valve & Polyethylene CoverEA 2 $7,000.0014,000.00$ CLW-10 F&I Compact DI FittingsLB 1500 $18.0027,000.00$ CLW-11 Tree BarricadesLS 1 $6,000.006,000.00$ CLW-12 Root PruningLF 200 $28.005,600.00$ CLW-999-0000 Unspecified Work - City of ClearwaterEA 50000 $1.0050,000.00$ 478,960.00$ 7,478,177.26$ TOTAL BIDSUBTOTALSUBTOTALCity of Clearwater Items % Difference from Engineer's Estimate% Difference from Engineer's Estimate% Difference from Engineer's Estimate% Difference from Engineer's EstimateUnitPrice Amount UnitPrice Amount UnitPrice Amount UnitPrice Amount68,000.00$ 68,000.00$ -2.86%80,000.00$ 80,000.00$ 14.29%70,000.00$ 70,000.00$ 0.00%108,000.00$ 108,000.00$ 54.29%12,500.00$ 12,500.00$ -37.50%15,000.00$ 15,000.00$ -25.00%10,000.00$ 10,000.00$ -50.00%19,900.00$ 19,900.00$ -0.50%12,500.00$ 12,500.00$ -16.67%15,000.00$ 15,000.00$ 0.00%10,000.00$ 10,000.00$ -33.33%19,800.00$ 19,800.00$ 32.00%687,000.00$ 687,000.00$ 37.40%789,551.70$ 789,551.70$ 57.91%350,000.00$ 350,000.00$ -30.00%709,000.00$ 709,000.00$ 41.80%10.50$ 23,992.50$ -12.50%15.00$ 34,275.00$ 25.00%12.00$ 27,420.00$ 0.00%16.65$ 38,045.25$ 38.75%294.18$ 44,126.97$ -1.94%55.00$ 8,250.00$ -81.67%100.00$ 15,000.00$ -66.67%372.00$ 55,800.00$ 24.00%75,000.00$ 75,000.00$ -62.50%35,000.00$ 35,000.00$ -82.50%92,000.00$ 92,000.00$ -54.00%257,695.00$ 257,695.00$ 28.85%247.50$ 1,237.50$ -75.25%150.00$ 750.00$ -85.00%500.00$ 2,500.00$ -50.00%685.00$ 3,425.00$ -31.50%5,378.53$ 5,378.53$ -96.41%25,000.00$ 25,000.00$ -83.33%30,000.00$ 30,000.00$ -80.00%251,840.00$ 251,840.00$ 67.89%3.22$ 5,164.89$ -8.06%3.00$ 4,815.00$ -14.29%5.00$ 8,025.00$ 42.86%7.15$ 11,475.75$ 104.29%10.82$ 2,628.77$ -52.97%15.00$ 3,645.00$ -34.78%20.00$ 4,860.00$ -13.04%35.80$ 8,699.40$ 55.65%6.66$ 1,504.48$ -55.62%6.00$ 1,356.00$ -60.00%15.00$ 3,390.00$ 0.00%29.25$ 6,610.50$ 95.00%3,356.25$ 6,712.49$ 34.25%6,000.00$ 12,000.00$ 140.00%5,000.00$ 10,000.00$ 100.00%11,570.00$ 23,140.00$ 362.80%106.92$ 855.34$ -28.72%150.00$ 1,200.00$ 0.00%200.00$ 1,600.00$ 33.33%2,500.00$ 20,000.00$ 1566.67%238,994.77$ 238,994.77$ 198.74%230,000.00$ 230,000.00$ 187.50%275,000.00$ 275,000.00$ 243.75%158,000.00$ 158,000.00$ 97.50%277.49$ 3,329.82$ 84.99%50.00$ 600.00$ -66.67%725.00$ 8,700.00$ 383.33%194.00$ 2,328.00$ 29.33%328,466.44$ 328,466.44$ 118.98%476,000.00$ 476,000.00$ 217.33%500,000.00$ 500,000.00$ 233.33%387,270.00$ 387,270.00$ 158.18%24.13$ 77,291.59$ 60.87%17.00$ 54,451.00$ 13.33%28.00$ 89,684.00$ 86.67%24.55$ 78,633.65$ 63.67%195.99$ 30,006.07$ -10.91%250.00$ 38,275.00$ 13.64%220.00$ 33,682.00$ 0.00%312.00$ 47,767.20$ 41.82%175.14$ 149,814.76$ -20.39%250.00$ 213,850.00$ 13.64%220.00$ 188,188.00$ 0.00%315.00$ 269,451.00$ 43.18%189.79$ 128,905.37$ -20.92%250.00$ 169,800.00$ 4.17%205.00$ 139,236.00$ -14.58%315.00$ 213,948.00$ 31.25%673.67$ 22,770.05$ -32.63%385.00$ 13,013.00$ -61.50%305.00$ 10,309.00$ -69.50%670.00$ 22,646.00$ -33.00%22.80$ 12,991.44$ 52.00%50.00$ 28,490.00$ 233.33%6.50$ 3,703.70$ -56.67%21.00$ 11,965.80$ 40.00%14,624.19$ 58,496.77$ -26.88%18,000.00$ 72,000.00$ -10.00%16,000.00$ 64,000.00$ -20.00%15,295.00$ 61,180.00$ -23.53%19,359.28$ 19,359.28$ -23.54%22,000.00$ 22,000.00$ -13.11%16,000.00$ 16,000.00$ -36.81%13,455.00$ 13,455.00$ -46.86%19,451.07$ 19,451.07$ 87.75%11,000.00$ 11,000.00$ 6.17%15,000.00$ 15,000.00$ 44.78%29,775.00$ 29,775.00$ 187.40%10,145.27$ 20,290.54$ -7.77%10,000.00$ 20,000.00$ -9.09%13,000.00$ 26,000.00$ 18.18%11,825.00$ 23,650.00$ 7.50%200.37$ 9,216.84$ 21.43%160.00$ 7,360.00$ -3.03%212.00$ 9,752.00$ 28.48%395.00$ 18,170.00$ 139.39%491.03$ 7,365.50$ 158.44%210.00$ 3,150.00$ 10.53%307.00$ 4,605.00$ 61.58%445.00$ 6,675.00$ 134.21%278.78$ 37,356.65$ 11.51%250.00$ 33,500.00$ 0.00%307.00$ 41,138.00$ 22.80%510.00$ 68,340.00$ 104.00%443.32$ 110,830.50$ 10.83%280.00$ 70,000.00$ -30.00%410.00$ 102,500.00$ 2.50%578.00$ 144,500.00$ 44.50%368.36$ 27,995.36$ 22.79%340.00$ 25,840.00$ 13.33%529.00$ 40,204.00$ 76.33%616.00$ 46,816.00$ 105.33%556.39$ 26,150.47$ 23.64%710.00$ 33,370.00$ 57.78%727.00$ 34,169.00$ 61.56%1,006.00$ 47,282.00$ 123.56%771.21$ 521,337.28$ -14.31%930.00$ 628,680.00$ 3.33%965.00$ 652,340.00$ 7.22%1,477.00$ 998,452.00$ 64.11%14,884.68$ 14,884.68$ -40.46%18,000.00$ 18,000.00$ -28.00%18,000.00$ 18,000.00$ -28.00%6,438.00$ 6,438.00$ -74.25%3,787.70$ 3,787.70$ -24.25%4,000.00$ 4,000.00$ -20.00%7,000.00$ 7,000.00$ 40.00%7,462.00$ 7,462.00$ 49.24%14,878.05$ 14,878.05$ -40.49%22,000.00$ 22,000.00$ -12.00%17,000.00$ 17,000.00$ -32.00%25,240.00$ 25,240.00$ 0.96%5,676.26$ 5,676.26$ -62.16%5,000.00$ 5,000.00$ -66.67%10,000.00$ 10,000.00$ -33.33%7,285.00$ 7,285.00$ -51.43%6,672.18$ 6,672.18$ -46.62%14,000.00$ 14,000.00$ 12.00%13,000.00$ 13,000.00$ 4.00%11,478.00$ 11,478.00$ -8.18%7,664.39$ 7,664.39$ -50.55%15,000.00$ 15,000.00$ -3.23%20,000.00$ 20,000.00$ 29.03%10,668.00$ 10,668.00$ -31.17%18,459.60$ 18,459.60$ -26.16%42,000.00$ 42,000.00$ 68.00%41,000.00$ 41,000.00$ 64.00%35,950.00$ 35,950.00$ 43.80%35.00$ 11,305.00$ -41.67%65.00$ 20,995.00$ 8.33%52.00$ 16,796.00$ -13.33%100.00$ 32,300.00$ 66.67%30.00$ 1,530.00$ -50.00%70.00$ 3,570.00$ 16.67%42.00$ 2,142.00$ -30.00%100.00$ 5,100.00$ 66.67%99.00$ 30,393.00$ -20.80%100.00$ 30,700.00$ -20.00%85.00$ 26,095.00$ -32.00%136.00$ 41,752.00$ 8.80%22.50$ 1,462.50$ -55.00%75.00$ 4,875.00$ 50.00%25.00$ 1,625.00$ -50.00%59.00$ 3,835.00$ 18.00%All American Concrete,IncCone & Graham, Inc. Leware Construction Company BURGESS CIVIL, LLC 125.00$ 4,000.00$ -16.67%200.00$ 6,400.00$ 33.33%350.00$ 11,200.00$ 133.33%199.00$ 6,368.00$ 32.67%240.00$ 240.00$ -31.43%500.00$ 500.00$ 42.86%400.00$ 400.00$ 14.29%382.00$ 382.00$ 9.14%4.00$ 3,234.80$ -73.33%4.00$ 3,234.80$ -73.33%3.00$ 2,426.10$ -80.00%6.00$ 4,852.20$ -60.00%29.00$ 26,535.00$ -17.14%30.00$ 27,450.00$ -14.29%30.00$ 27,450.00$ -14.29%46.00$ 42,090.00$ 31.43%3,400.00$ 13,600.00$ -15.00%5,000.00$ 20,000.00$ 25.00%4,500.00$ 18,000.00$ 12.50%5,406.00$ 21,624.00$ 35.15%3,600.00$ 14,400.00$ 2.86%5,000.00$ 20,000.00$ 42.86%5,500.00$ 22,000.00$ 57.14%5,723.00$ 22,892.00$ 63.51%22.00$ 1,628.00$ -37.14%40.00$ 2,960.00$ 14.29%40.00$ 2,960.00$ 14.29%35.00$ 2,590.00$ 0.00%5.96$ 14,441.08$ -40.40%5.00$ 12,115.00$ -50.00%8.00$ 19,384.00$ -20.00%6.90$ 16,718.70$ -31.00%50.00$ 5,000.00$ -50.00%50.00$ 5,000.00$ -50.00%30.00$ 3,000.00$ -70.00%23.00$ 2,300.00$ -77.00%12,100.00$ 12,100.00$ -59.67%30,000.00$ 30,000.00$ 0.00%15,000.00$ 15,000.00$ -50.00%10,730.00$ 10,730.00$ -64.23%48,973.00$ 48,973.00$ -34.70%185,000.00$ 185,000.00$ 146.67%450,000.00$ 450,000.00$ 500.00%55,560.00$ 55,560.00$ -25.92%1,652.46$ 130,213.53$ -33.90%5,300.00$ 417,640.00$ 112.00%1,988.00$ 156,654.40$ -20.48%2,666.00$ 210,080.80$ 6.64%2,485.03$ 36,032.98$ 98.80%2,900.00$ 42,050.00$ 132.00%3,600.00$ 52,200.00$ 188.00%3,575.00$ 51,837.50$ 186.00%1,199.67$ 104,370.94$ -40.02%3,200.00$ 278,400.00$ 60.00%2,700.00$ 234,900.00$ 35.00%1,375.00$ 119,625.00$ -31.25%1,254.00$ 15,800.40$ -37.30%1,500.00$ 18,900.00$ -25.00%2,300.00$ 28,980.00$ 15.00%1,226.00$ 15,447.60$ -38.70%694.74$ 88,439.89$ -3.51%1,000.00$ 127,300.00$ 38.89%1,000.00$ 127,300.00$ 38.89%780.00$ 99,294.00$ 8.33%515.85$ 59,116.30$ -65.61%3,500.00$ 401,100.00$ 133.33%600.00$ 68,760.00$ -60.00%1,163.00$ 133,279.80$ -22.47%1,538.72$ 120,943.63$ -38.45%3,500.00$ 275,100.00$ 40.00%2,700.00$ 212,220.00$ 8.00%2,920.00$ 229,512.00$ 16.80%38.95$ 10,154.27$ 419.33%40.00$ 10,428.00$ 433.33%30.00$ 7,821.00$ 300.00%46.00$ 11,992.20$ 513.33%1.81$ 3,238.02$ -9.35%2.50$ 4,465.00$ 25.00%3.00$ 5,358.00$ 50.00%2.35$ 4,197.10$ 17.50%1.60$ 33,607.78$ -36.04%2.50$ 52,545.00$ 0.00%3.00$ 63,054.00$ 20.00%2.25$ 47,290.50$ -10.00%1.60$ 15,815.42$ -20.25%2.50$ 24,787.50$ 25.00%3.00$ 29,745.00$ 50.00%2.25$ 22,308.75$ 12.50%1.81$ 45,851.82$ -17.57%2.50$ 63,212.50$ 13.64%3.00$ 75,855.00$ 36.36%2.30$ 58,155.50$ 4.55%1.81$ 10,223.51$ -17.59%2.50$ 14,097.50$ 13.64%3.00$ 16,917.00$ 36.36%2.30$ 12,969.70$ 4.55%1.76$ 38,187.28$ -16.29%2.50$ 54,305.00$ 19.05%3.00$ 65,166.00$ 42.86%2.30$ 49,960.60$ 9.52%302.08$ 197,559.01$ -39.58%450.00$ 294,300.00$ -10.00%600.00$ 392,400.00$ 20.00%515.00$ 336,810.00$ 3.00%60.00$ 570,600.00$ -29.41%75.00$ 713,250.00$ -11.76%113.00$ 1,074,630.00$ 32.94%87.50$ 832,125.00$ 2.94%377.60$ 64,191.83$ -24.48%750.00$ 127,500.00$ 50.00%756.00$ 128,520.00$ 51.20%650.00$ 110,500.00$ 30.00%159.31$ 209,338.60$ -20.34%150.00$ 197,100.00$ -25.00%352.00$ 462,528.00$ 76.00%327.00$ 429,678.00$ 63.50%39.66$ 8,210.03$ -60.34%200.00$ 41,400.00$ 100.00%309.00$ 63,963.00$ 209.00%34.00$ 7,038.00$ -66.00%93.40$ 747.22$ -6.60%175.00$ 1,400.00$ 75.00%100.00$ 800.00$ 0.00%125.00$ 1,000.00$ 25.00%22.79$ 66,281.57$ 203.80%8.00$ 23,272.00$ 6.67%12.00$ 34,908.00$ 60.00%6.00$ 17,454.00$ -20.00%44.00$ 11,880.00$ -76.84%50.00$ 13,500.00$ -73.68%55.00$ 14,850.00$ -71.05%175.00$ 47,250.00$ -7.89%101.00$ 33,734.00$ -49.50%120.00$ 40,080.00$ -40.00%115.00$ 38,410.00$ -42.50%485.00$ 161,990.00$ 142.50%109.57$ 29,582.55$ 6.37%200.00$ 54,000.00$ 94.17%250.00$ 67,500.00$ 142.72%220.00$ 59,400.00$ 113.59%160.49$ 43,333.03$ 10.68%240.00$ 64,800.00$ 65.52%321.00$ 86,670.00$ 121.38%230.00$ 62,100.00$ 58.62%221.05$ 103,650.35$ 10.53%150.00$ 70,335.00$ -25.00%300.00$ 140,670.00$ 50.00%182.00$ 85,339.80$ -9.00%2,454.16$ 55,709.50$ 36.34%720.00$ 16,344.00$ -60.00%2,000.00$ 45,400.00$ 11.11%1,386.00$ 31,462.20$ -23.00%218.93$ 288,285.71$ 25.10%240.00$ 316,032.00$ 37.14%306.00$ 402,940.80$ 74.86%201.00$ 264,676.80$ 14.86%166.65$ 45,161.07$ -16.68%230.00$ 62,330.00$ 15.00%400.00$ 108,400.00$ 100.00%195.00$ 52,845.00$ -2.50%525.00$ 3,150.00$ 2.74%640.00$ 3,840.00$ 25.24%580.00$ 3,480.00$ 13.50%875.00$ 5,250.00$ 71.23%60.00$ 360.00$ -20.00%50.00$ 300.00$ -33.33%45.00$ 270.00$ -40.00%200.00$ 1,200.00$ 166.67%180.00$ 360.00$ -20.18%300.00$ 600.00$ 33.04%265.00$ 530.00$ 17.52%438.00$ 876.00$ 94.24%2,713.00$ 2,713.00$ -72.87%2,500.00$ 2,500.00$ -75.00%2,500.00$ 2,500.00$ -75.00%13,115.00$ 13,115.00$ 31.15%5.00$ 420.00$ -66.67%6.00$ 504.00$ -60.00%8.00$ 672.00$ -46.67%6.95$ 583.80$ -53.67%9.00$ 207.00$ -70.00%10.00$ 230.00$ -66.67%12.00$ 276.00$ -60.00%13.85$ 318.55$ -53.83%135.00$ 540.00$ -32.50%90.00$ 360.00$ -55.00%80.00$ 320.00$ -60.00%174.00$ 696.00$ -13.00%7.00$ 434.00$ -41.67%8.00$ 496.00$ -33.33%7.00$ 434.00$ -41.67%10.40$ 644.80$ -13.33%20.00$ 1,780.00$ -33.33%25.00$ 2,225.00$ -16.67%18.00$ 1,602.00$ -40.00%38.00$ 3,382.00$ 26.67%9,500.00$ 3,420.00$ -20.83%7,000.00$ 2,520.00$ -41.67%6,500.00$ 2,340.00$ -45.83%18,460.00$ 6,645.60$ 53.83%9,500.00$ 3,990.00$ -20.83%7,000.00$ 2,940.00$ -41.67%6,500.00$ 2,730.00$ -45.83%18,500.00$ 7,770.00$ 54.17%40,000.00$ 1,200.00$ 11.11%40,000.00$ 1,200.00$ 11.11%35,000.00$ 1,050.00$ -2.78%73,615.00$ 2,208.45$ 104.49% 40,000.00$ 1,200.00$ 25.00%40,000.00$ 1,200.00$ 25.00%35,000.00$ 1,050.00$ 9.38%73,615.00$ 2,208.45$ 130.05%3,000.00$ 3,000.00$ 500.00%750.00$ 750.00$ 50.00%750.00$ 750.00$ 50.00%1,860.00$ 1,860.00$ 272.00%300.00$ 135,000.00$ 650.00%200.00$ 90,000.00$ 400.00%125.00$ 56,250.00$ 212.50%152.00$ 68,400.00$ 280.00%1.00$ 650,000.00$ 0.00%1.00$ 650,000.00$ 0.00%1.00$ 650,000.00$ 0.00%1.00$ 650,000.00$ 0.00%6,305,921.47$ -9.91%8,249,660.00$ 17.87%8,565,258.00$ 22.37%8,888,128.95$ 26.99%150002,500.00$ 2,500.00$ -28.57% 12,000.00$ 12,000.00$ 242.86% 10,000.00$ 10,000.00$ 185.71% 3,975.00$ 3,975.00$ 13.57%65,000.00$ 65,000.00$ 195.45% 52,000.00$ 52,000.00$ 136.36% 25,000.00$ 25,000.00$ 13.64% 6,835.00$ 6,835.00$ -68.93%2,500.00$ 2,500.00$ -16.67% 2,000.00$ 2,000.00$ -33.33% 25,000.00$ 25,000.00$ 733.33% 5,245.00$ 5,245.00$ 74.83%5.96$ 4,768.00$ -50.33% 5.00$ 4,000.00$ -58.33% 8.00$ 6,400.00$ -33.33% 6.90$ 5,520.00$ -42.50%285.00$ 68,400.00$ 18.75% 350.00$ 84,000.00$ 45.83% 481.00$ 115,440.00$ 100.42% 247.00$ 59,280.00$ 2.92%195.00$ 54,600.00$ -2.50% 225.00$ 63,000.00$ 12.50% 262.00$ 73,360.00$ 31.00% 195.00$ 54,600.00$ -2.50%249,783.88$ 249,783.88$ 42.73% 305,000.00$ 305,000.00$ 74.29% 350,000.00$ 350,000.00$ 100.00% 571,150.00$ 571,150.00$ 226.37%16.00$ 8,320.00$ -42.86% 22.00$ 11,440.00$ -21.43% 25.00$ 13,000.00$ -10.71% 41.00$ 21,320.00$ 46.43%25.00$ 2,500.00$ -28.57% 35.00$ 3,500.00$ 0.00% 59.00$ 5,900.00$ 68.57% 50.00$ 5,000.00$ 42.86%5,200.00$ 10,400.00$ -43.48% 10,000.00$ 20,000.00$ 8.70% 10,500.00$ 21,000.00$ 14.13% 8,688.00$ 17,376.00$ -5.57%170.00$ 3,400.00$ -45.16% 400.00$ 8,000.00$ 29.03% 1,000.00$ 20,000.00$ 222.58% 560.00$ 11,200.00$ 80.65%1,000.00$ 4,000.00$ -42.86% 2,000.00$ 8,000.00$ 14.29% 1,500.00$ 6,000.00$ -14.29% 745.00$ 2,980.00$ -57.43%8,500.00$ 17,000.00$ 21.43% 14,000.00$ 28,000.00$ 100.00% 10,500.00$ 21,000.00$ 50.00% 14,415.00$ 28,830.00$ 105.93%10.00$ 15,000.00$ -44.44% 8.00$ 12,000.00$ -55.56% 8.00$ 12,000.00$ -55.56% 19.45$ 29,175.00$ 8.06%5,000.00$ 5,000.00$ -16.67% 4,000.00$ 4,000.00$ -33.33% 5,000.00$ 5,000.00$ -16.67% 1,125.00$ 1,125.00$ -81.25%15.00$ 3,000.00$ -46.43% 7.00$ 1,400.00$ -75.00% 15.00$ 3,000.00$ -46.43% 32.00$ 6,400.00$ 14.29%1.00$ 50,000.00$ 0.00% 1.00$ 50,000.00$ 0.00% 1.00$ 50,000.00$ 0.00% 1.00$ 50,000.00$ 0.00%566,171.88$ 18.21%668,340.00$ 39.54%762,100.00$ 59.12%880,011.00$ 83.73%6,872,093.35$ -8.10%8,918,000.00$ 19.25%9,327,358.00$ 24.73%9,768,139.95$ 30.62% 110194011151120 23881001 950 902 908 914 920 926 932 901 907 913 919 925 931 1003 VARSITY DR EARLHAM DR NE C O A C H M A N R D NOLDCOACHMANRD EARLHAM DRDocument Path: C:\Users\kevin.flynn\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\17-0056-UT Old Coachman Project\17-0056-UT Old Coachman Project.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 Old Coachman Project, Bridge over Alligator Creek Project Number: 17-0056-UT N.T.S.Scale:KFMap Gen By:AGReviewed By:9/21/2023Date: AERIAL MAP PROJECT LOCATION 1 Gonzalez, Adrian From:Cothron, Tyler <tcothron@pinellas.gov> Sent:Monday, September 18, 2023 2:05 PM To:Gonzalez, Adrian Cc:Fechter, David D; Vosouli, Amin; Meador, Robert C Subject:17-0056-UT Old Coachman road project JPA Attachments:001034A-JPA-2022-FE.pdf; Bid Tabulation w EE Analysis.xlsx CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon, Please see the attached executed JPA Agreement and completed Bid tabulation, including the City of Clearwater Utility Work responsibility, for the official results of the Thursday September 14, 2023 bid opening. Cone & Graham, Inc. is the lowest responsible, responsive bid received with a submitted bid total of $6,872,093.35, which is 8.10% lower than the Engineer’s Estimate total. There were three (3) other vendors that submitted responsive bids. The City of Clearwater Utility Work responsibility included in the low bid is $566,171.88. Furthermore, an additional 5% administrative cost to the bid amount, is due to the County at the time of payment, per the JPA. Thus, the City will be responsible for a payment of $594,480.47 to the County for this Utility Work. Please advise as soon as possible if the City is in agreement and will go forward with using the County’s contractor to complete said Utility Work. Thank you. Tyler David D. Fechter, AICP, CPPB Senior Department Administrative Manager Customer & Technical Services - Contracts Pinellas County Government 22211 US Highway 19N., Bldg. 1 Clearwater, FL 33756 ddfechter@pinellas.gov Office (727) 464-3019 2 All government correspondence is subjected to public records law. From: Cothron, Tyler <tcothron@pinellas.gov> Sent: Monday, September 18, 2023 11:28 AM To: Fechter, David D <ddfechter@pinellas.gov> Subject: 17-0056-UT Old Coachman road project JPA Dave, once you complete your review and changes, please email to me so that I can email it to Clearwater. Good Morning, Please see the attached JPA Agreement and completed bid tabulation, including the Engineer’s Estimate, for the official results of the Thursday September 14, 2023 bid opening. Cone & Graham, Inc. is the lowest responsible, responsive bid received with a submitted bid total of $6,872,093.35, which is 8.10% lower than the Engineer’s Estimate total. There were three (3) other vendors that submitted responsive bids. Please let us know if you concur with awarding the Project to Cone & Graham, Inc. Thank you, Ms. Tyler Cothron Contract Service Specialist 2 Customer & Technical Services - Contracts Pinellas County Government 22211 US Highway 19N., Bldg. 1 Clearwater, FL 33756 tcothron@pinellas.gov Office (727) 464-1826 Mobile (703) 232-6821 All government correspondence is subjected to public records law. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1302 Agenda Date: 11/2/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 6.8 SUBJECT/RECOMMENDATION: Authorize purchase orders to Advanced Environmental Laboratories, Inc. of Tampa, FL and Pace Analytical Services, LLC of Ormond Beach, FL in a cumulative annual not-to-exceed amount of $700,000.00 with the option for three, one-year renewals pursuant to ITB 52-23, Laboratory Services, and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) #52-23, Laboratory Services, was issued on August 1, 2023. Three submissions were received on August 31, 2023, and considered responsive to the requirements set forth in the solicitation. Advanced Environmental Laboratories, Inc. and Pace Analytical Services, LLC represent the lowest, responsible bidders for Laboratory Services. Recommended awards for these services are as follows: Company: Advanced Environmental Laboratories, Inc. Award: Group 1 - Water Reclamation Facilities $304,610.00 Group 3 - Industrial Pretreatment $ 58,310.00 Group 4 - Courier and Sample $ 20,675.00 Group 5 - Allowance $ 60,000.00 Total $443,595.00 Company: Pace Analytical Services, LLC Award: Group 2 - Drinking Water $129,565.57 Group 4 - Applicable Courier and Sample $ 25,250.00 Group 5 - Allowance $ 60,000.00 Total $214,815.57 The bid tab indicates that Eurofins Environmental Testing Southeast, LLC had the lowest analysis cost for Groups 1 and 3; however, when factoring in the higher cost of the required Group 4 Courier and Sample provided by Eurofins ($88,020) for these groups, Advanced Environmental Laboratories represented the lowest complete cost for these services. The Group 4 - Courier and Sample applicable to the Group 2 amount is the sum of Pace’s cost to pick up samples within the City of Clearwater and deliver them to the contracted lab for analysis during normal business hours, weekends, after hours and holidays. All Group 2 samples are collected by the City. Pinellas County Utilities Laboratory will continue to be used as a backup to the contracted laboratories in the event of unforeseen circumstances, or for select samples as noted in the bid pricing sheet. The estimated annual cost for this is $50,000.00. As an entity of municipal government, Pinellas County Utilities is exempt from bidding and this amount is not included in the award. Laboratory services are used by the Public Utilities Department to provide analysis services for water treatment, wastewater treatment, water distribution, wastewater collection systems and the Industrial Page 1 City of Clearwater Printed on 10/31/2023 File Number: ID#23-1302 Pretreatment Program. The Public Utilities Department requests the flexibility to use either vendor as a secondary provider and requests an annual cumulative not-to-exceed amount of $700,000.00 between these contractors to provide laboratory services as needed. The initial contract period will be November 3, 2023, through November 2, 2024, with the option for three, one-year renewal terms. APPROPRIATION CODE AND AMOUNT: Budgeted funds for (FY) 2024 are available in Public Utilities’ cost centers, cost code 530300 Other Contractual Services. Funding for future fiscal years will be requested within contract calendar and spending limits. STRATEGIC PRIORITY: In furtherance of the Council’s Strategic Plan to achieve High Performing Government by maintaining environmental resources through systematic management efforts, Invitation to Bid (ITB) #52-23, Laboratory Services was issued on August 1, 2023. Page 2 City of Clearwater Printed on 10/31/2023 October 4, 2023 NOTICE OF INTENT TO AWARD Public Utilities Department and the Procurement Division recommend award of ITB No. 52-23, Laboratory Services, to Advanced Environmental Laboratories Inc. of Tampa, Florida and Pace Analytical Services, LLC of Ormond Beach Florida, the lowest most responsible bidders, in accordance with the bid specifications, in the estimated annual amount of $700,000, for the term November 03, 2023, to November 02, 2024, with three (3), one (1) year renewal options. The recommended award is as follows: Advanced Environmental Laboratories, Inc.:  Water Reclamation Facilities, Group 1  Industrial Pretreatment, Group 3  Courier & Sample Collection, Group 4, Lines 1-6 Pace Analytical Services, Inc.:  Drinking Water, Group 2  Courier & Sample Collection, Group 4 Lines 1 & 2 This Award recommendation will be considered by the City Council at the October 30, 2023, Work Session (1:30 p.m.) and voted on at the November 02, 2023, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. It is recommended that you check our website at City Meetings and View Meeting Calendars to ensure that the location has not changed Inquiries regarding this Intent to Award can be directed to Milisa Harris, Procurement Analyst at milisa.harris@myclearwater.com or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Milisa Harris Milisa Harris Procurement Analyst CITY OF CLEARWATER ITB # 52-23, Laboratory Services DUE DATE: September 6, 2023; 10:00 AM BID TABULATION Group No Description Advanced EnvironmenalLaboratories, Inc. Eurofins Environment TestingSoutheast, LLC Pace Analytical Services, Inc. 1 Water Reclamation Facilities $304,610.00 $297,293.53 $426,986.00 2 Drinking Water - DEP and SWFWMD Sampling WTP & RO WTP Discharge $157,764.00 $164,403.00 $129,565.57 3 Industrial Pretreatment $58,310.00 $46,921.00 $53,800.10 4 Courier and Sample Collection for Groups 1& 3 $20,675.00 $88,020.00 $158,500.00 4 Courier and Sample Collection for Group 2 $20,675.00 $88,020.00 $25,250.00 5 Mandatory Contingency $60,000.00 $60,000.00 $60,000.00 $622,034.00 $ 744,657.53 $854,101.67 Items with a star ( ) indicates intent to award. TOTAL: Note: Courier and Sample Collections for Groups 1 & 3 will require all lines listed under Group 4 however, Courier and Sample Collections for Group 2 will only require lines 1 & 2 listed in Group 4. Page 1 of 1 1) Advanced Environmental Laboratories, Inc.2)Eurofins Environment Testing Southeast, LLC 9610 Princess Palm Avenue 481 Newburyport Avenue Tampa, Florida 33619 Alamonte Springs, Florida 32701 3) Pace Analytical Services, Inc. dba Pace 8 East Tower Circle Ormond Beach, Florida 32174 ADVERTISED: TAMPA BAY TIMES 8/9/2023POSTED:myclearwater.com 8/1/23 - 9/6/23 FOR THE CITY OF CLEARWATER Due/Opening: September 6, 2023; 10:00 a.m. INVITATION TO BID No. 52-23 Laboratory Services Solicitation Response Listing v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #52-23 Laboratory Services August 1, 2023 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, August 31, 2023, to provide laboratory services. Brief Description: The City of Clearwater Public Utilities Department is soliciting sealed bids to establish a term contract for laboratory services for potable and non-potables, analysis, wastewater residuals testing and other environmental testing, as needed. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Milisa Harris Procurement Analyst milisa.harris@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Lab Services 2 ITB #52-23 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: August 31, 2023 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes $ 0.00 No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to INSTRUCTIONS Lab Services 3 ITB #52-23 the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment. i.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, INSTRUCTIONS Lab Services 4 ITB #52-23 as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. INSTRUCTIONS Lab Services 5 ITB #52-23 i.18 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: A. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. B. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. C. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.21 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Lab Services 6 ITB #52-23 i.22 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. Respondent is hereby notified that Section 287.05701, Florida Statutes, requires that the City may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor. i.23 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.24 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.25 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.26 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.27 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.28 BID TIMELINE. Dates are tentative and subject to change. Release ITB: August 1, 2023 Advertise Tampa Bay Times: August 9, 2023 Bids due: August 31, 2023 Review bids: August 31 – September 8, 2023 Award recommendation: October 2023 Council authorization: October 2023 Contract begins: October 2023 STANDARD TERMS AND CONDITIONS Lab Services 7 ITB #52-23 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, supplier, proposer, company, persons”, “purchase order, PO, contract, agreement”, “City, Clearwater”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, executive orders, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Lab Services 8 ITB #52-23 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS Lab Services 9 ITB #52-23 S.13 PUBLIC RECORDS. In addition to all other contract requirements as provided by law, the Contractor executing this Agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, Phone: 727-562-4092 or Email: Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The Contractor agrees to comply with the following: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency” in this section) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and STANDARD TERMS AND CONDITIONS Lab Services 10 ITB #52-23 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A Contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred or suspended in accordance with the Clearwater Code of Ordinances Section 2.565 or if Contractor is debarred or suspended by another governmental entity. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written STANDARD TERMS AND CONDITIONS Lab Services 11 ITB #52-23 assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement at its convenience, in part or in whole, upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST. The City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines, in its sole discretion, that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this Agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. STANDARD TERMS AND CONDITIONS Lab Services 12 ITB #52-23 a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. If applicable, this paragraph shall be construed in harmony with F. S. § 725.06. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. d. Nothing contained herein in intended to serve as a waiver by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as consent by the City to be sued by third parties. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like, and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. If applicable, this paragraph shall be construed in harmony with F. S. § 725.06. S.27 CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. STANDARD TERMS AND CONDITIONS Lab Services 13 ITB #52-23 S.32 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.33 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.34 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble, or hindrance from Contractor or third parties. S.35 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret, or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. Nothing contained herein in intended to serve as a waiver by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as consent by the City to be sued by third parties. S.36 CONTRACT ADMINISTRATION. This Agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding this Agreement will be referred to the administrator for resolution. Supplements may be written to this Agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.37 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.38 COOPERATIVE USE OF CONTRACT. This Agreement may be extended for use by other municipalities, counties, school districts, and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. STANDARD TERMS AND CONDITIONS Lab Services 14 ITB #52-23 S.39 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.40 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via electronic mail; (iv) sent via overnight courier; or (v) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via electronic mail, overnight courier, or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.41 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.42 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.43 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.44 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.45 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAIL SPECIFICATIONS Lab Services 15 ITB #52-23 1. INTRODUCTION. The City of Clearwater (City) is a coastal community on the West Coast of Florida and the third largest city in the Tampa Bay region with an estimated 119,208 residents. Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas County annually and was selected as the “Number One Beach in America” in the 2018 and 2019 TripAdvisor Travelers’ Choice Awards and regularly ranks as a top vacation destination in both domestic and international publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts miles of pristine “sugar sand” beaches, provides a wide variety of casual and fine dining options, and is home to Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for its groundbreaking work in marine rescue, rehabilitation, and release. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment, and community. 2. INTENT. It is the intent of this solicitation to establish a contract(s) whereby comprehensive laboratory analytical services for potables, non-potables, wastewater residuals and any other required environmental testing, will be accomplished for the City of Clearwater (City), by a qualified firm(s) in accordance with these specifications and under the terms of all applicable Federal, State, and local regulations. All services are to be performed for fixed pricing in an accurate, reliable, and timely manner, using Florida Department of Health or City approved methodology. 3. SCOPE OF WORK. The awarded Contractor shall provide all labor, supplies, materials, professional equipment, vehicles, tools, and supervision necessary to perform the laboratory services and sampling procedures as specified in these technical specifications. All work must be performed in a manner satisfactory to and acceptable by the City and in accordance with all Federal, State, or local regulations in their most recent form. Samples that require courier services shall be picked up at the City of Clearwater Public Utilities Lab or another agreed upon location. The physical address of the City of Clearwater Public Utilities Lab is 1605 Harbor Drive, Clearwater, Florida, 33755. The major locations of the City groups to be served by this contract are presented in the table below: Facility Name Facility Address/ East Water Reclamation Facility 3141 Gulf to Bay Blvd. Clearwater, FL 33759 Marshall Street Water Reclamation Facility 1605 Harbor Drive Clearwater, FL 33755 Northeast Water Reclamation Facility 3290 State Road 580 Clearwater, FL 34695 City of Clearwater Industrial Pretreatment Program 1605 Harbor Drive Clearwater, FL 33755 Clearwater - RO1 1657 Palmetto Street Clearwater, FL 33765 Clearwater – RO2 21133 US 19 N Clearwater, FL 33765 Clearwater – WTP3 2721 State Road 580 Clearwater, FL 33761 Note that other locations within the City of Clearwater may be added in the future. DETAIL SPECIFICATIONS Lab Services 16 ITB #52-23 4. MINIMUM QUALIFICATIONS. Bidders shall be required to demonstrate that they have the resources and capability to provide laboratory services as prescribed herein. The following criteria shall be met in order to be eligible for this contract. If any of the following qualifiers are not met a bidder will be found non-responsive: a. Shall be certified by the Florida Department of Health (FDOH) according to the Florida Administrative Code Chapter 64E-1: Certification of Environmental Testing Laboratories. b. Shall be National Environmental Laboratory Accreditation Program (NELAP) certified. Copies shall be submitted with bid submittal. c. Have at least five (5) years of experience providing laboratory services to the water and wastewater industry. d. Provide a minimum of four (4) current, comparable references, preferably governmental. At least one (1) water and one (1) wastewater reference must be within a 100-mile radius of the Florida Department of Environmental Protection (FDEP) Southwest District office. e. Have a fully functional Laboratory Information Management System (LIMS). f. Have a laboratory information web portal with user configurable EDD (electronic data delivery) system capable of exporting ALL results and associated data in Excel compatible formats. This web portal shall also provide downloads of historical reports, chain of custody forms and invoices in PDF format. g. Have the ability to upload results to the City’s Accelerated Technology Laboratories Inc. (ATL) Sample Master LIMS system. h. Subcontract no more than fifty percent (50%) of the services required. i. The awarded lab(s) shall have a staffed sample collection center within 30 minutes of the City Service Area. 5. ADDITIONAL REQUIRED DOCUMENTATION. Bidder shall submit the following documentation with their bid submittal: a. Any analyte for which a current certification is not held must be listed on the Exceptions/Additional Materials/Addenda form with a listing of the subcontractor(s) that the work is to be subcontracted to. b. A Scope of Accreditation issued by/as provided to the Laboratory Accreditation Bureau (L-A-B) c. Copies of FDOH Proficiency Testing for the past two (2) years d. A summary of any litigation filed against the laboratory in the past five (5) years that is related to the services to be provided. The summary should state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. NOTE: this is not considered Confidential or Proprietary information –any response indicating such may be deemed non-responsive to the bid e. A qualifications statement listing history of the firm, description of firm’s business structure (partnership, sole ownership, corporation, etc.) current staff and instrumentation, and any other statements or information on the firm’s qualifications as deemed appropriate. f. If subcontractors are utilized, any such laboratories that are subcontracted should be identified by name and location and a copy of their FDOH/NELAP Certification and scope of accreditation provided at the time of bid. g. Exhibit A- Bid Pricing shall be submitted in a Microsoft Excel worksheet (hard copy submission should include Exhibit A on CD or Thumb Drive) All yellow and blue highlighted cells in all tabs of the “Exhibit A – Bid Pricing” spreadsheet shall be completed. For line items with no cost, Bidder shall check the “No-Charge” box that coincides with that item. Bidders that do not complete all cells will be deemed non-responsive and disqualified. 6. CITY RESPONSIBILITY. DETAIL SPECIFICATIONS Lab Services 17 ITB #52-23 a. City shall collect all samples at designated locations unless specifically noted in Exhibit A-Bid Pricing. b. City will provide contact information for primary and secondary contact persons. c. City will provide a digital copy of the current permit(s) and/or regulatory limits. 7. CONTRACTOR RESPONSIBILITIES. A. GENERAL PROCEDURES. a. Contractor shall perform analytical work including, but not limited to, the analytes noted in Exhibit A- Bid Pricing. b. Contractor shall provide all necessary material for collection, storage, and shipping. All materials shall be in accordance with the standard requirements for each sample, i.e., proper bottle and proper preservative (as necessary). c. Contractor shall provide sampling kit bottles which shall be clearly labeled. Each kit should include any special packing material for proper storage and shipping. Any sample kits that require preservatives shall be properly prepared and sealed to ensure that no leakage occurs prior to drop off to the City. d. Contractor shall provide instructions for sample handling that require special care or procedures. e. The City requires samples to be picked up daily, seven (7) days a week including holidays. f. Contractor shall perform special sampling procedures where applicable in accordance with FDEP Standard Operating Procedures (SOP)s, including documenting chain of custody. g. For all samples, all work shall be in accordance with the applicable Florida Administrative Code. h. The Contractor shall conform to all Federal, State, and local regulations during the performance of the contract. Any fines levied due to inadequacies or failure of the Contractor to comply with any and all requirements shall be the sole responsibility of the Contractor. Any person found not in conformance with any laws, statutes, rules, or regulations will not be allowed on the job site. Continued violations by a Contractor could constitute cause for immediate termination of the contract. i. If award is made to include courier services, a schedule of pick-up and delivery times for samples and/or containers from the laboratory to the City’s designated locations and from the City’s designated locations to the laboratory or agreed upon location shall be established and adhered to. Variations to the courier schedule shall be approved by the City’s primary or secondary contact. j. Upon award of the contract, the Contractor shall provide all physical locations that analyses are performed. This stipulation applies to both analyses performed by the Contractor and by their subcontractors. k. Within thirty (30) days of the award of the contract, the City shall facilitate a kickoff meeting at their facility between the City and the Contractor. The location of the meeting shall be at the RO2 Treatment plant located at 21133 US 19 N Clearwater, FL 33765 l. The Contractor shall analyze all samples within the required hold time consistent with the method. Results shall be reported as soon as possible. The Contractor acknowledges that time is of the essence to complete the work as specified in the contract. The Contractor agrees that all work shall be processed regularly, diligently, and uninterrupted at such a rate of progress as will ensure full completion thereof within the time specified. m. In the event that samples are lost, spilled, not analyzed within proper holding time, or take longer than two (2) weeks to report, the contractor shall reanalyze the sample or analyze replacement samples at no additional cost to the City. Continued violations by a Contractor could constitute cause for immediate termination of the contract. n. Contractor shall provide a written narrative with any revised report related to sampling issues that explain an unusual result or analytical complication. This narrative shall identify the cause of the unusual result(s). DETAIL SPECIFICATIONS Lab Services 18 ITB #52-23 o. Contractor shall provide the City with all Discharge Monitoring Report Quality Analysis (DMRQA) results and analyte list as they are received. p. Contractor shall provide the City with the lab’s master DEP/NELAP qualifier list. q. The Contractor shall have and maintain a FDEP/ FDOH approved Quality Assurance/Quality Manual. This manual shall be submitted electronically upon request by the City. r. The Contractor shall have and maintain a FDEP approved Field Sampling Quality Manual. In lieu of having an approved manual, the laboratory may use the most recent version of FDEP’s Field Sampling Manual. This manual shall be submitted electronically upon request by the City. s. The Contractor shall provide the City an updated Lab Certificate annually or upon request. B. EMERGENCY AVAILABILITY. The Contractor shall be able to provide services for the City during an emergency event such as a terrorist attack, natural calamities, a sanitary sewer overflow, and unsafe drinking water alert. The qualified firm shall provide a list of contact numbers for a twenty-four (24) hour emergency event. The emergency contact list shall have the person’s work phone number and cellular number. C. NOTIFICATIONS. a. The City will provide the awarded Contractor(s) with names and contact information for primary contact and secondary contacts. Secondary contacts will vary due to sampling location and sample type. b. Contractor shall immediately notify the primary and appropriate secondary contact of any preliminary total and/or fecal, E. coli positive results and perform confirmation on all positive fecal, E. coli results. Immediate notification shall be made by telephone call(s) and email notification(s). Voice mail messages are not considered appropriate notification. c. Contractor shall provide email notification to primary and secondary contacts for permit exceedances within twenty-four (24) hours of occurrence, even if sample is being re-run. d. IMPORTANT: In the event that any sample result exceeds the established provided permit limitations (see section item 6.c above) or levels provided by the City, the Contractor shall notify the City’s primary and appropriate secondary contacts via email notification within twenty-four (24) hours. Certain analytes may require notification at levels less than established permit requirements. The City will provide any notification requirements for analytes that are detectable, but less that permit requirements. e. In the event testing results are incomplete, or not in accordance with these specifications or Federal or State guidelines, due to the actions of the Contractor, the Contractor shall immediately notify the City’s designated contact and re-testing will be done at no additional cost to the City. The City shall not be charged for analyses performed beyond regulatory standard holding times and shall be provided written documentation as to why the hold time was exceeded. f. In the event that the Contractor changes analytical methods, the City shall be notified prior to method change. All analysis shall be performed using an approved method. 8. REPORTING. A. ANALYTICAL DATA REPORTING. After the test/analysis has been completed, the Contractor shall email or otherwise provide the following information, in accordance with NELAP requirements, to the City’s primary and appropriate secondary contact. The following information shall be available in PDF report form and EDD (electronic data delivery) on the Contractor’s laboratory information web portal: a. Time sample prepared b. Parameter c. Project name d. Lab manager signature e. Sample dilution DETAIL SPECIFICATIONS Lab Services 19 ITB #52-23 f. Time received g. Analyst h. Analytical Results Concentration units i. Results of Analysis j. Definitions for abbreviations used k. Date and Time sampled l. Date and Time analyzed m. Method used for each analysis n. Method Detection limits (MDL) o. Location or Sample ID #, Sample Location and Name p. NELAP Certification # q. Sample matrix r. Practical Quantification Limits (PQL) s. Qualifiers/Footnotes/ Narrative language should be added in case of unexpected event and a description of any specific problems encountered during analysis and reanalysis (i.e. insufficient sample, analyst error, wrong dilution, etc.) These results shall be transmitted via electronic report as approved by the City for uploading into the City’s LIMS software. The electronic report shall be formatted in an Excel compatible format and shall also include a signed, Portable Document Format (PDF) version and a PDF chain of custody (COC) form. Upon Award, the City will provide a Microsoft Excel template file containing predetermined column naming and formatting requirements for use by the Contractor. The Contractor shall maintain and, as necessary, provide all of the historical laboratory results and associated documentation for the length of the contract. B. LABORATORY PROJECT FILE. The Lab project file shall include a printout of all raw analytical data, electronic copy, and other information not included in the analytical data report. The file shall be available for review by the City upon seven (7) calendar days’ notice, if requested. Information in the Lab project file (in addition to the material contained in the analytical data report) shall include, but not be limited to: a. Printout of all analytical Quality Analysis/Quality Control (QA/QC) data; b. Copy of shipping manifest; c. Standard logs, Lab notebooks, and instrument logs; d. Results of Lab blanks; e. Results of instrument calibration; f. Raw analytical data, charts, and chromatograms for samples, standards, and blanks; and g. Raw data calculation worksheets. 9. PRICING. The Contractor shall bid on a per sample, per specimen basis. Any other type of bid shall not be considered and will not be accepted. Exhibit A- Bid Pricing, is provided in Microsoft Excel format: a. There is one (1) workbook with six (6) tabs. Only the “Cost per Sample”, the “cost per item” cells, and the Vendor name are editable on the first five (5) tabs. b. These sheets will automatically calculate the unit costs and total each sheet accordingly. c. Provide “Cost per Sample” and any per hour rates. d. Only the “Cost per Sample” fields that are highlighted in yellow will be calculated and added to the “SUMMARY” tab. The individual “Cost per Sample” items that make up a group, highlighted in blue, will not be calculated. e. Save the Microsoft Excel workbook and upload on the website if submitting electronically or transfer onto a CD or thumb drive as “Bid 52-23 Laboratory Services”, if submitting a DETAIL SPECIFICATIONS Lab Services 20 ITB #52-23 hard copy. f. The City reserves the right to make multiple awards if in the best interest of the City to do so. For Exhibit A – Bid Pricing: ATTENTION: ALL yellow and blue highlighted cells in ALL tabs must be completed to be deemed responsive to this bid. a. For Groups 1, 2 and 3: • Pricing shall include all necessary labor and materials for testing of the sample collected by the City using Contractor supplied sample kits and delivered to the Contractor. • Column C delineates grouped and ungrouped analysis. • The City may elect to request analysis results of one (1) compound even if it is run in a group or the analysis for the whole group. • Ungrouped items and the sum of a group will be used for award purposes. • Individual analytes that comprise a group are highlighted in blue. The blue highlighted individual analysis is the price the vendor would charge to run an analyte ungrouped. These individual analytes will not be considered as a basis for award. • Contractor must provide a price for ungrouped analysis, grouped analysis, and individual analysis. b. For Group 4: • Courier & Sample shall include all costs associated with the description outlined in Column B. The City intends to select a combination of services. • While the majority of samples will be picked up at the City Lab, there will be occasion for the samples to be picked up by the Contractor at an alternate agreed upon location within Clearwater, or for the samples to be collected and picked up by the Contractor at an agreed upon location other than the City Lab anywhere within the City service area. c. For Group 5 Allowance on the SUMMARY: • Contains a fixed amount that will not be altered and remains constant for all bidders. This allowance will be used for sampling and analysis not specifically priced in the other tabs on the pricing spreadsheet. 10. ORDER OF PRECEDENCE. All work is subject to the terms and conditions of the contract, specifications and all bid documents. In the event of a conflict between a Work Order and the contract, the contract/bid documents shall have precedence. Work orders must accompany each invoice detailing the date of service and type of test provided. Invoices must be legibly prepared showing the full description and price of services performed. 11. CONTRACTOR’S REPRESENTATIVE. During the term of the contract, the Contractor shall have a representative available who is qualified to explain testing procedures and results, and to provide written documentation of such to City staff in case of questions or discrepancies. Said representative shall be available within a twenty-four (24) hour notification. 12. PERFORMANCE MONITORING. The City shall provide regular feedback to the Contractor on their performance as outlined above and a quarterly update status report of any issues that arise. DETAIL SPECIFICATIONS Lab Services 21 ITB #52-23 Additionally, the City reserves the right for a quarterly meeting with the Contractor to discuss performance. The Contractor shall provide accessibility for City representatives to perform annual quality assessment of the lab(s) and subcontracted labs. The City reserves the right to perform periodic on-site audits to ensure compliance with analytical method requirements, QA/QC program requirements, and to evaluate the general quality of the work. The Lab shall cooperate and make available records and personnel to facilitate the audits. Audits will be scheduled with sufficient notice and conducted during normal business hours. The Contractor shall notify the City of any certification or accreditation changes before any work affected by the change is performed. The Contractor shall provide copies of Proficiency testing results to the City upon request. The City reserves the right to contract with an alternate laboratory (third-party), duly certified, for split sampling in order to verify the analytical performance of the Contractor. The results from the split samples shall be compared to the Service Providers’ analytical data to determine if there is a deficiency in performance. Any resulting deficiency or concerns shall then be addressed and a corrective action plan submitted by the Contractor to the City for consideration 13. PAYMENTS AND INVOICING. The Contractor shall email an invoice to the City of Clearwater Public Utilities Accounting Division for payment upon their schedule but not more frequently than once every thirty-day period. The invoice must be reconciled between the Contractor and the Utilities Lab Manager/designee before payment on any disputed invoice will be authorized. Contractor shall provide any and all reports and/or data required by any applicable Federal, State, and/or Local regulatory agency rule and/or regulation. City of Clearwater Public Utilities Accounting Division PUAccounting@MyClearwater.com 1650 N. Arcturas Ave., Bldg. C Clearwater, FL 33765 14. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives, or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two DETAIL SPECIFICATIONS Lab Services 22 ITB #52-23 million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. e. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #52-23 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as DETAIL SPECIFICATIONS Lab Services 23 ITB #52-23 contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Lab Services 24 ITB #52-23 1. BEGINNING AND END DATE OF INITIAL TERM. October 2023 – October 2024 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rest solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Three (3), one (1) year renewal is possible at the City’s option. . 4. PRICES. All pricing shall be firm for the initial term of one (1) year, except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve months change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm), and limited to 3% annually. The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION Lab Services 25 ITB #52-23 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid submittal. Only submit the requested forms and any other requested or descriptive literature. NOTE: Every bid received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non-responsive to this ITB. Submit the following requested forms and requested documents or descriptive literature (Reference DETAILED SPECIFICATIONS, 5. SUBMITTALS, page 16 of solicitation for additional information: Bid container properly labeled Original and proper number of copies with electronic format: for mail or hand delivery of bid Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) E-Verify Eligibility form Offer Certification form W-9 Request for Taxpayer Identification Number and Certification form completed (http://www.irs.gov/pub/irs-pdf/fw9.pdf) Bid Pricing form Exhibit A- Bid Pricing completed and submitted electronically in Microsoft Excel References form completed: A minimum of four (4) current, comparable references, preferably governmental. At least one (1) water and one (1) wastewater reference must be within a 100-mile radius of the Florida Department of Environmental Protection (FDEP) Southwest District office. A copy of certification(s) from the Florida Department of Health (FDOH) under 64E-1 A Scope of Accreditation issued by/as provided to the Laboratory Accreditation Bureau (L-A-B) Copies of FDOH Proficiency Testing for the past two (2) years Litigation Information - A summary of any litigation filed against the laboratory in the past five (5) years that is related to the services to be provided. The summary should state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. A qualifications statement listing history of the firm, description of firm’s business structure (partnership, sole ownership, corporation, etc.) current staff and instrumentation, and any other statements or information on the firm’s qualifications as deemed appropriate. A copy of the National Environmental Laboratory Accreditation Program (NELAP) certification(s) for the analytes and sample matrices for which bidder is providing pricing. Subcontractor Information – If applicable, identify subcontracted laboratories, provide a copy of their FDOH/NELAP Certification and Approved Analyte Sheet BID PRICING Lab Services 26 ITB #52-23 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Laboratory Services to the City of Clearwater at the price(s) stated in Exhibit A – Bid Pricing. Exhibit A- Bid Pricing shall be submitted in a Microsoft Excel worksheet (hard copy submission should include Exhibit A on CD or Thumb Drive) All yellow and blue highlighted cells in all tabs of the “Exhibit A- Bid Pricing” spreadsheet must be completed. For line items with no cost, Bidder shall check “No-Charge” box that coincides with that item. Bidders that do not complete all cells will be deemed non-responsive and disqualified. DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges Delivery, as stated in Detailed Specifications, can be met _____ Yes _____ No If no, specify number of days for delivery. PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Lab Services 27 ITB #52-23 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name: ____________________________________ Date: VENDOR INFORMATION Lab Services 28 ITB #52-23 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. SCRUTINIZED COMPANIES FORM Lab Services 29 ITB #52-23 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by ______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORM Lab Services 30 ITB #52-23 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ _ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Lab Services 31 ITB #52-23 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION By signing and submitting this Bid/Proposal/Qualification/Response, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other vendors or potential vendors or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the commodities or services covered by this contract. The Vendor has not influenced or attempted to influence any City employee, officer, elected official, or consultant in connection with the award of this contract. f) It understands the City may copy all parts of this response, including without limitation any documents or materials copyrighted by the Vendor, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. Chapter 119) or other applicable law, subpoena, or other judicial process; provided that the City agrees not to change or delete any copyright or proprietary notices. g) It hereby warrants to the City that the Vendor and its subcontractors will comply with, and are contractually obligated to comply with, all federal, state, and local laws, rules, regulations, and executive orders. h) It certifies that Vendor is not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this matter from any federal, state, or local agency. i) It will provide the commodities or services specified in compliance with all federal, state, and local laws, rules, regulations, and executive orders if awarded by the City. j) It is current in all obligations due to the City. k) It will accept all terms and conditions as set forth in this solicitation if awarded by the City. l) The signatory is an officer or duly authorized representative of the Vendor with full power and authority to submit binding offers and enter into contracts for the commodities or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: REFERENCES Lab Services 33 ITB #52-23 Instructions: Bidder shall provide with bid a minimum of four (4) current customer references, preferably from another governmental agency. At least one (1) water and one (1) wastewater reference shall be within a 100-mile radius of the Florida Department of Environmental Protection (FDEP) Southwest District. Vendors that do not meet the reference requirements of this bid shall not be considered and shall be deemed non-responsive. Complete and return with bid submittal. Reference letters are highly encouraged and should accompany this form. Reference # 1 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name: ____________________________________________ Date: REFERENCES Lab Services 34 ITB #52-23 Reference # 3 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 4 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name: ____________________________________________ Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Lab Services 35 ITB #52-23 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #52-23, Laboratory Services Due Date: August 31, 2023, at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #52-23, Laboratory Services Due Date: August 31, 2023, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1309 Agenda Date: 11/2/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 6.9 SUBJECT/RECOMMENDATION: Authorize purchase orders to multiple vendors for the purchase of vehicle parts for heavy and light duty city vehicles and equipment in the not-to-exceed amount of $1,700,000.00 for term October 1, 2023 through September 30, 2024 pursuant to Clearwater Code of Ordinances Section 2.563(1)(a) Single source, Section 2.563 (1)(b) Micro purchases, and Section 2.563 (1)(c) Piggyback and authorize the appropriate officials to execute same. (consent) SUMMARY: The Fleet Division is requesting authorization to purchase vehicle parts from various vendors for heavy and light duty city vehicles and equipment. Vendors are as follows: Agility Fuel Systems; Altec Industries Inc; Amazon; American CNG; Atmax (Mowermax); Autoway Parts Center; Bay Area Auto Truck Sales dba Kenworth of Central Florida; Bill Curie Ford; Bobcat (Mascap Dealer Holdings LLC); Broyhill; Chic-1 AC Plus; Container Systems; Cookson Enterprises; Cummins; Cycle Springs / Team Savage; Dayton Andrews; DHS; Dimmitt; E & N Distributing; EFE Inc dba Everglades Farm Equipment; Embankscape Equipment LLC; Environmental Products Group INC; Equipmentshare.com Inc; Fleet Asquisitions LLC dba Fleet Products; Fleet Pride; Genuine Parts CO - NAPA; Grainger; H Barber; Kussmaul; Maher Chevrolet; McNeilus Financial LLC; Mynatt Truck & Equipment; Onesource Parts LLC; Original Equipment Company; Pats Pump and Blower; PB Parent HoldCo, LP; RDK Assets; Ring Power Corporation; Rush Truck; Smith Equipment; Southern Sewer Equipment Sales; Southport Truck; Stewart & Stevenson FDDA LLC; Sun State International Trucks LLC; Tampa Crane & Body Acquisition LLC; Tampa Spring Company; Ten-8; TPH Acquisition LLLP (The Parts House); Vermeer Southeast Sales & Service Inc; Walker Ford; Wastebuilt; Wesco. Request to add additional vendors as needed is also requested following the proper procurement process. Purchases will be obtained through various methods to include single source, micro purchases, small dollar purchases and piggyback contracts. The list of vendors with their procurement method is attached. Piggyback contracts include City of St. Petersburg RFP No. 7522, Automotive Parts valid through September 30, 2025, and Hillsborough County Contract 20204-DST-KJ valid thru March 9, 2024, with two additional one year renewals. Authorization is requested to add additional piggyback contracts as needed throughout the year which will be vetted through the Procurement Division. Pricing for piggyback contracts is included for all Vendors with an expected annual expenditure exceeding $50,000. Additional pricing is available upon request for all Vendors expected not to exceed $50,000 annually. Single source vendors are Atmax (Mowermax), Broyhill, Cummins, Environmental Products Group INC, H Barber, Ten-8, and Wesco. Single source is being requested because the parts for the heavy and light Page 1 City of Clearwater Printed on 10/31/2023 File Number: ID#23-1309 duty city vehicles and equipment can only be obtained directly from that manufacturer or authorized representative. For instance, Cummins parts can only be obtained from Cummins Inc., MowerMax parts can only be obtained from the manufacturer Atmax, and so forth. In addition, the Fleet Division is requesting approval to engage additional vendors as needed in accordance to Code Section 2.561(5) with the Procurement Division providing oversite. Competitive quotes will be obtained and no one vendor will exceed $50,000 in a fiscal year. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 5666611-550600, vehicle parts, to fund these purchases. STRATEGIC PRIORITY: These purchases help accomplish strategic objective 1.2. Fleet division operators maintain public infrastructure to deliver effective and efficient services by optimizing City assets and resources. Page 2 City of Clearwater Printed on 10/31/2023 PO'S / Direct Pay PREVIOUS YEAR 23'Contract / Sole source / Small Dollar PO/Micro/P-card Agility Fuel Systems 6,500.00$ 6,500.00$ City of St Pete EFE Inc dba Everglades Farm Equipment 20,000.00$ 20,000.00$ City of St Pete Fleet Asquisitions LLC dba Fleet Products 244,000.00$ 241,500.00$ City of St Pete Fleet Pride 12,000.00$ 10,000.00$ City of St Pete Bay Area Auto Truck Sales dba Kenworth of Ce 55,000.00$ 55,000.00$ City of St Pete McNeilus Financial LLC 6,000.00$ 6,000.00$ City of St Pete Original Equipment Company 6,700.00$ 6,000.00$ City of St Pete RDK Assets 25,000.00$ 25,000.00$ City of St Pete Ring Power Corporation 19,000.00$ 20,000.00$ City of St Pete Rush Truck 215,000.00$ 210,000.00$ City of St Pete Southport Truck 7,000.00$ 8,000.00$ City of St Pete TPH Acquisition LLLP (The Parts House)112,000.00$ 113,000.00$ City of St Pete Tampa Crane & Body Acquisition LLC 2,000.00$ 2,000.00$ City of St Pete Walker Ford 177,000.00$ 180,000.00$ City of St Pete Total 730,200.00$ 903,000.00$ Sun State International Trucks LLC 30,000.00$ 30,000.00$ Hillsborough County Public Schools 20204-DST-KJ (03/09/22) with three (3), one (1) renewals Tampa Spring Company 21,000.00$ 21,000.00$ Hillsborough County Public Schools 20204-DST-KJ (03/09/22) with three (3), one (1) renewals Total 51,000.00$ 51,000.00$ Altec Industries Inc 4,000.00$ 5,000.00$ Small Dollar PO Amazon 17,000.00$ 15,000.00$ Small Dollar PO Bobcat (Mascap Dealer Holdings LLC)38,000.00$ 38,000.00$ Small Dollar PO Chic-1 AC Plus 14,000.00$ 10,000.00$ Small Dollar PO Container Systems 17,000.00$ 17,000.00$ Small Dollar PO Cookson Enterprises 11,000.00$ 10,000.00$ Small Dollar PO Cycle Springs / Team Savage 9,000.00$ 9,000.00$ Small Dollar PO Dayton Andrews 5,000.00$ 2,000.00$ Small Dollar PO DHS 1,500.00$ 2,000.00$ Small Dollar PO Dimmitt 10,500.00$ 10,000.00$ Small Dollar PO E & N Distributing 27,000.00$ 25,000.00$ Small Dollar PO Equipmentshare.com Inc 14,000.00$ 10,000.00$ Small Dollar PO Genuine Parts CO - NAPA 6,000.00$ 6,000.00$ Small Dollar PO Kussmaul 2,500.00$ 5,000.00$ Small Dollar PO Onesource Parts LLC 14,000.00$ 15,000.00$ Small Dollar PO PB Parent HoldCo, LP 22,000.00$ 15,000.00$ Small Dollar PO Pats Pump and Blower 6,000.00$ 8,000.00$ Small Dollar PO Smith Equipment 4,000.00$ 5,000.00$ Small Dollar PO Southern Sewer Equipment Sales 76,000.00$ 50,000.00$ Small Dollar PO 0566-06611-550600-519 Vendor FY 24 PO'S / Direct Pay PREVIOUS YEAR 23'Contract / Sole source / Small Dollar PO/Micro/P-card 0566-06611-550600-519 Vendor FY 24 Stewart & Stevenson FDDA LLC 9,000.00$ 10,000.00$ Small Dollar PO Wastebuilt 5,000.00$ 5,000.00$ Total 312,500.00$ 272,000.00$ Single Source Atmax (Mowermax)22,000.00$ 20,000.00$ Single Source Broyhill 26,000.00$ 25,000.00$ Single Source Cummins 70,000.00$ 70,000.00$ Single Source Environmental Products Group INC 118,000.00$ 118,000.00$ Single Source H Barber 48,000.00$ 48,000.00$ Single Source Ten-8 76,000.00$ 76,000.00$ Single Source Wesco 78,000.00$ 85,000.00$ Single Source Total 438,000.00$ 442,000.00$ Micro Purchase / P-card Advance Auto Parts 3,500.00$ 3,000.00$ Micro Purchase / P-card American CNG 4,000.00$ 4,000.00$ Micro Purchase / P-card Autoway Parts Center 6,000.00$ 6,000.00$ Micro Purchase / P-card Bill Curie Ford 2,000.00$ 2,000.00$ Micro Purchase / P-card Embankscape Equipment LLC 4,000.00$ 4,000.00$ Micro Purchase / P-card Grainger 3,000.00$ 3,000.00$ Micro Purchase / P-card Maher Chevrolet 1,000.00$ 1,000.00$ Micro Purchase / P-card Mynatt Truck & Equipment 6,500.00$ 6,000.00$ Micro Purchase / P-card Vermeer Southeast Sales & Service Inc 2,800.00$ 3,000.00$ Micro Purchase / P-card Total 32,800.00$ 32,000.00$ Total Requested for 23-24 Fiscal Year 1,700,000.00$ Solicitation No. 7522 City of St. Petersburg Solicitation No. 7522 1.1 General Information Title RFP No. 7522: Automotive Parts, Services, Repair, and Maintenance Description 928.15 Automotive Parts, Services, Repair, and Maintenance Preview Date Not Specified Open Date 27-FEB-2020 09:00:56 Close Date 26-MAR-2020 15:01:33 Award Date Not Specified Time Zone Eastern Time Buyer Williams, Adam Quote Style Blind Email adam.williams@stpete.org Outcome Standard Purchase Order Note Pre-Bid Meeting Date: March 4, 2020 Time: 02:00 p.m. Location: Fleet Management 7th ave N, St. Petersburg, FL 33701 Please submit all questions in writing to Adam.Williams@stpete.org before 5:00pm, Tuesday, March 12, 2020. 1.2 Terms Ship-To Address FLEET FLEET MANAGEMENT CITY OF ST PETERSBURG 1800 7TH AVE N Saint Petersburg, FL 33713 United States Bill-To Address ACCOUNTS PAYABLE FINANCE DEPARTMENT ACCOUNTS PAYABLE CITY OF ST PETERSBURG PO BOX 1257 Saint Petersburg, FL 33731 United States Payment Terms NET 30 Carrier Common Carrier FOB FOB Destination Freight Terms Prepaid Currency USD (US Dollar) Price Precision 2 1.3 Requirements Section A - Profile 1.Company name (full legal name). ........................................................................................................................................................................ Provide your answer below 2.Federal identification number. ........................................................................................................................................................................ Provide your answer below Solicitation No. 7522 City of St. Petersburg Section A - Profile 3.Street address, P.O. Box, state, zip code, telephone and email. ........................................................................................................................................................................ Provide your answer below 4.Company ownership. If incorporated, the state and date of incorporation. ........................................................................................................................................................................ Provide your answer below 5.Year the company was founded. ........................................................................................................................................................................ Provide your answer below 6.Address and phone number of the office providing the supplies. ........................................................................................................................................................................ Provide your answer below 7.Name, phone number and title of the authorized representative. ........................................................................................................................................................................ Provide your answer below 8.Number of employees. ........................................................................................................................................................................ Provide your answer below Solicitation No. 7522 City of St. Petersburg Section A - Profile 9.Number of years company has been in present business providing these goods. ........................................................................................................................................................................ Provide your answer below 10.Type of business organization (sole proprietorship, partnership, corporation, limited liability company). ........................................................................................................................................................................ Provide your answer below 11.Is the bidder registered with the Florida Department of State, Division of Corporations (Sunbiz)? (Y/N) ........................................................................................................................................................................ Circle one from the response values below: NO YES 12.Is the bidder a City certified SBE? (Y/N) ........................................................................................................................................................................ Circle one from the response values below: NO YES 13. List Company background and relevant experience that qualifies Offeror to provide the services described in this solicitation, please include employees with ASE Certifications or other necessary certifications. ........................................................................................................................................................................ Provide your answer below Section B - Requirements 1. Bid Acceptances Period Unless otherwise specified herein, the bidder confirms that prices will remain firm for a period of ninety (90) days. (Y/N) ........................................................................................................................................................................ Circle one from the response values below: NO YES 2. Warranty The bidder fully warrants all material, equipment and services against poor and inferior quality or workmanship for a period of not less than one (1) year from date of final acceptance. Copies or descriptions of all manufacturer's(s') warranties shall accompany bid for the item(s) proposed. The description(s) shall include the length and scope of the warranties. (Y/N) ........................................................................................................................................................................ Circle one from the response values below: NO YES Solicitation No. 7522 City of St. Petersburg Section B - Requirements 3. F.O.B. Destination The bidder certifies that all prices are quoted F.O.B. destination. All shipping, handling and freight charges must be shown separately.(Y/N) ........................................................................................................................................................................ Circle one from the response values below: NO YES 4. Cash Discount Will you offer 2%10 days discount to the stated payment term? (Y/N) ........................................................................................................................................................................ Circle one from the response values below: NO YES 5. Large Order Discount Will you offer an addtional discount for large single orders over a specified dollar amount? ........................................................................................................................................................................ Circle one from the response values below: No Yes 6. Price Breaks Will your firm offer quantity price breaks? ........................................................................................................................................................................ Circle one from the response values below: No Yes 7. Delivery Time The bidder shall state in the space provided the delivery time in days from receipt of order. ........................................................................................................................................................................ Provide your answer below 8. Insurance Addtional Required Insurance for Services: 1,000,000 per vehicle, $2,000,000 per occurrence Garagekeepers Legal Liability coverage. Please confirm your ability to obtain the above insurance coverage. ........................................................................................................................................................................ Circle one from the response values below: No Not Applicable Yes Section C - Public Records Laws Please respond yes or no to the questions below. ........................................................................................................................................................................ Type No Response Required 1.The bidder acknowledges that its bid is subject to Public Records laws (Chapter 119, Florida Statutes). (Y/N) ........................................................................................................................................................................ Circle one from the response values below: NO YES 2.Has the bidder identified any trade secrets or confidential information in its proposal? (Y/N) ........................................................................................................................................................................ Circle one from the response values below: NO YES Solicitation No. 7522 City of St. Petersburg Section D - Exceptions 1.The bidder certifies that it takes no exceptions to the terms and conditions of the solicitation. (Y/N) ........................................................................................................................................................................ Provide your answer below 1.If exceptions are taken, specify in the space provided. ........................................................................................................................................................................ Provide your answer below Section E - Proposal 1. Diversity and Sustainability Please describe any diversity and sustainability programs your company currently has. ........................................................................................................................................................................ Provide your answer below 2. Innovation and Improvements In this section, please explain any innovative ideas or new concepts you would like to include as part of this proposal as described in Appendix A, section 5. ........................................................................................................................................................................ Provide your answer below 3. Customer Service Include a description of all unique services and features your firm offers that would be applicable to the Agreement. ........................................................................................................................................................................ Provide your answer below 4. O n-Line Capabilities Does your firm offer on-line order tracking, expediting, rebates, sales history, invoices and inventory lists? ........................................................................................................................................................................ Provide your answer below Solicitation No. 7522 City of St. Petersburg Section E - Proposal 5. Recycling and Disposal Please give us a brief description of your recycling and disposal services. ........................................................................................................................................................................ Provide your answer below 1.4 Attachments Name Data Type Description Appendix A Scope of Services File Appendix A Scope of Services Appendix B1 Bid Form Parts File Appendix B1 Bid Form Parts Appendix B2 Bid Form Services File Appendix B2 Bid Form Services Appendix B3 Sample list Pricing Parts File Appendix B3 Sample list Pricing Parts Base Agreement File Base Agreement SBE Form File SBE Form Solicitation No. 7522 City of St. Petersburg 2 Price Schedule 2.1 Line Information Line Item, Rev Target Quantity Unit Response Quantity Unit Price Amount Promised Date 1 Automotive Services, Repair, and Maintenance Enter $1 1 EAC H 2 Automotive Replacement Parts and Accessories. Enter $1 1 EAC H Solicitation No. 7522 City of St. Petersburg Contract Terms and Conditions Table of Contents Solicitation No. 7522 City of St. Petersburg City of St Petersburg Solicitation Documents PART A Scope of Services Please see Appendix A: Scope of Services Solicitation No. 7522 City of St. Petersburg PART B Instructions to Offerors and General Provisions Instructions to Offerors and General Provisions 1. Intent The city of St. Petersburg, Florida ("City") invites qualified firms to submit proposals for RFP No. 7522. 2. Required Review Offers are required to carefully review this solicitation for defects and questionable or objectionable matter. Comments concerning defects and objectionable material must be made in writing to the procurement analyst and received by the City at least 10 days before the proposal closing. This will allow issuance of any necessary addendum. It will also help prevent opening a defective solicitation and exposure of offeror's proposals upon which an award could not be made. A protest based on omission or error, or on the content of the solicitation, will be disallowed if these faults have not been brought to the attention of the City, in writing, at least 10 days before the time set for closing. 3. Preparation of the Proposal Offerors are expected to examine this solicitation and all related documents. Failure to do so is at the Offeror's risk. Each Offeror shall furnish the information required by this solicitation. The Offerors shall retain a copy of all documents for future reference. All proposals must be submitted with the company or firm's legal name and by an officer or employee having authority to bind the company or firm by his or her signature, and provide proof of such authority with its proposal. 4. Questions Received Prior to Closing of Solicitation All questions must be in writing and emailed to the Procurement Analyst. Telephone conversations must be confirmed in writing. Questions that may be answered by directing the questioner to a specific section of the solicitation may be answered over the telephone or by email. More complex questions may require a written addendum to the solicitation. 5. Amendments When an amendment is issued it will be provided to all who were notified of the solicitation through the City's online bidding system. Offerors must acknowledge receipt of each amendment prior to the hour and date specified in the solicitation or as amended, following the methods specified in the amendment. Failure to acknowledge receipt of amendment may result in rejection of your proposal. 6. City Not Responsible for Preparation Costs The City will not pay any costs associated with the preparation, submittal, presentation or evaluation of any proposal. Solicitation No. 7522 City of St. Petersburg 7. Submission or Receipt of Proposals Proposals will be received through the City's online bidding system no later than: Time: 3:00 p.m. (EST) Date: March 26, 2020. Facsimile or e-mail proposals will not be considered; however, proposals may be modified online provided such notices are received prior to the hour and date specified above. Late proposals and modifications will not be considered. Failure to follow the instructions in this solicitation is cause for rejection of offer. 8. Information Designated a Trade Secret and/or Confidential and/or Proprietary All proposals (including all documentation and materials attached to proposals or provided in connection with this solicitation) submitted to the City are subject to Florida's public records laws (i.e., Chapter 119, Florida Statutes), which requires disclosure of public records, unless exempt, if a public records request is made. Proposals (including all documentation and materials attached to proposals or provided in connection with this solicitation (even if in a separate electronic file)) submitted to the City cannot be returned. The City will not consider proposals if the entire proposal is labeled a Trade Secret and/or Confidential and/or Proprietary. If Offeror believes that its proposal contains information that is a trade secret (as defined by Florida law) and/or information that is confidential and/or proprietary and therefore exempt from disclosure then such information must be submitted in a separate electronic file and comply with the following requirements. In addition to submitting the information in a separate or electronic file, Offeror must include a general description of the information designated as a trade secret and/or confidential and/or proprietary and provide reference to the Florida statute or other law which exempts such designated information from disclosure in the event a public records request. The City does not warrant or guarantee that information designated by Offeror as a trade secret and/or confidential and/or proprietary is a trade secret and/or confidential and/or proprietary and exempt from disclosure. The City offers no opinion as to whether the reference to the Florida statute or other law by Offeror is/are correct and/or accurate. Please be aware that the designation of information as a trade secret and/or confidential and/or proprietary may be challenged in court by any person or entity. By designation of information as a trade secret and/or confidential and/or proprietary Offeror agrees to defend the City, its employees, agents and elected and appointed officials ("Indemnified Parties") against any and all claims, demands and actions (whether or not a lawsuit is commenced) arising out of or in connection with Offeror's designation of information as a trade secret and/or confidential and/or proprietary and to hold harmless the Indemnified Parties for any award to a plaintiff for damages, costs and attorneys' fees, and for costs and attorneys' fees (including those of the City Attorney's office) incurred by the City by reason of any claim, demand or action arising out of or related to Offeror's designation of information as a trade secret and/or confidential and/or proprietary. Failure to comply with the requirements above shall be deemed as a waiver by Offeror to claim that all additional information in its proposal is a trade secret and/or confidential and/or proprietary regardless if such information is labeled trade secret and/or confidential and/or proprietary. Offeror acknowledges, understands and agrees that all information in Offeror's proposal (not including information in 1.3 Requirements Section G) will be disclosed, without any notice to Offeror, if a public records request is made for such information and the City shall not be liable to Offeror for such disclosure. Offeror acknowledges and understands that Offeror's proposal, including the information submitted in a separate Solicitation No. 7522 City of St. Petersburg electronic file in accordance with the requirements set forth in 1.3 Requirements Section G, will be distributed to the Evaluation Committee members, City staff and City consultants to allow Offeror's entire proposal, including the information submitted in a separate electronic file, to be evaluated and considered for award of this Contract. The entire contents of Offeror's proposal, including the information submitted in a separate electronic file, may be discussed at meetings that are open to the public, subject to the requirements set forth in Chapter 286, Florida Statutes. 9. Right to Reject Proposal a. Offers must comply with all the terms of the solicitation, the City Procurement Code (Section 2-246) and all applicable state and federal laws. The City may reject any proposal that does not comply with all of the material and substantial terms, conditions and performance requirements of the solicitation. b. Offerors may not restrict the rights of the City or qualify their proposal. If an offeror does so, the City may determine the proposal to be a non responsive counter-offer and the proposal may be rejected. c. Minor informalities, that do not affect responsiveness; that are merely matter of form or format; that do not change the relative standing or otherwise prejudice other offers; that do not change the meaning or scope of the solicitation; that are trivial, negligible or immaterial in nature; do not effect a material change in the work; or, do not constitute a substantial reservation against a requirement or provision may be waived by the City. d. The City's right is reserved to reject any or all proposals for any reason and to disregard typographical, mathematical or obvious errors. 10. Explanations to Offerors Explanations or instructions shall not materially alter this solicitation unless they are in writing. Oral explanations or instructions given before the award of the Agreement will not be binding. If necessary, a written amendment to this solicitation will be issued and posted on the City's website at http://www.stpete.org/internal-bids.php for download by Offerors. 11. Acceptance of Offer The submitted proposal shall be considered an offer on the part of the Offeror. Such offer shall be deemed accepted upon execution of the Agreement. 12. Evaluation Criteria Proposals will be evaluated on the following criteria: Criteria [Points] Experience of firm 15 Qualification and technical competence 15 Recycling and sustainability programs 10 Past Performance on similar contracts 30 Cost or price 30 [Total: 100%] 13. Evaluation of Proposals Solicitation No. 7522 City of St. Petersburg The proposals will be evaluated based solely on the evaluation factors or criteria set forth in this section of the solicitation. Where there are multiple responsive proposals to the solicitation, a short-listing of two or more Offerors may be made. Negotiations as outlined in this section may begin with the selected Offerors on the short-list. If there is only one responsive proposal, negotiations may proceed with a single offeror. Selected Offerors may be required to make presentations. 14. Negotiations with Offerors a. The City may conduct discussions (negotiations) with selected Offerors for the purpose of clarification. The purpose of the negotiations shall be to ensure full understanding of the solicitation requirements, the offeror's proposal and responses to post-proposal opening and modifications to the solicitation specifications which are in the best interest of the City. Negotiations will be limited to specific negotiation issues or subjects which do not significantly change the scope or purpose of the project for which the solicitation was issued. If modifications are made as a result of these discussions they shall be put in writing. b. Following discussions, the City may set a time and date for best and final offers from those Offerors with whom discussions were held. Proposals may be reevaluated after receipt of best and final offers. c. During the negotiation process, selected Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals related to negotiation subjects for the purpose of preparing their best and final offer which may be requested and received by the City prior to the conclusion of the negotiation process.d. Amendments, deletions and additions to the selected Offeror's original proposal shall be related to the negotiation subjects only. 15. Schedule Solicitation Published: February 27, 2020 Pre-proposal Meeting: March 4, 2020 Question Cut-off: March 12, 2020 Proposal Due Date: March 26, 2020 Evaluation and Short-listing: April 7, 2020 Recommendation for Award: April 24, 2020 City Council Approval: May 21, 2020 16. Award Without Discussion The City may award the Agreement on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the Offeror's best terms from a cost or price and technical standpoint. 17. Award of Agreement An award shall be made to the responsible Offeror whose proposal is determined, in writing, to be the most advantageous to the City, taking into consideration price and the evaluation factors set forth in this solicitation. 18. Modification or Withdrawal of Offer An offer may not be modified, withdrawn, or canceled by the Offerors for 150 days following the time and date designated for the opening of proposals (except when requested by the City for clarification, presentation or best and final offers) and the Offerors so agree by submitting their proposals. Solicitation No. 7522 City of St. Petersburg 19. Discrepancies, Errors, and Omissions Any discrepancies, errors, or ambiguities in this solicitation or amendment(s) thereto (if any) should be reported in writing to the City's Procurement & Supply Management Department. Should it be found necessary, a written amendment will be incorporated in this solicitation. The City will not be responsible for any oral instructions, clarifications, or other communications. 20. Disqualification The City reserves the right to disqualify Offerors before or after opening, upon evidence of collusion with intent to defraud or other illegal practices on the part of the Offerors. 21. Execution of Agreement The individual, firm, or corporation to which the Agreement is awarded shall sign the necessary agreement entering into a contract with the City, and return it to the City within ten (10) business days from the date the final approved agreement has been received by the successful Offeror. No agreement shall be considered binding upon the City until it has been properly executed. 22. Data Collection Pursuant to Florida Statute 119.071 Social Security Numbers collected from offerors are used for identification, verification and tax reporting purposes. 23. Public Entity Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24. Environmentally Preferable Purchasing It is the policy of the City to purchase recycled and environmentally preferable goods. This includes products that contain recycled material, reduce toxicity and pollution, conserve energy, conserve water and prevent waste. This policy will be carried out consistent with the City's obligations and purpose, and with an overall intent to obtain competitive prices to provide value to the taxpayers. Offerors are encouraged to submit items in their bids that meet the City's Environmentally Preferable Purchasing ("EPP") program standards. When submitting EPP items for consideration, offerors must submit documentation that substantiates their claims. When evaluating submissions where two products are of equal fitness and quality, and the price of the EPP product is equal to or less than that of a non-EPP content product, the City will purchase the EPP product. 25. Offeror Registration Solicitation No. 7522 City of St. Petersburg Offeror must be registered with the Florida Division of Corporations to do business within the State of Florida prior to award of an agreement. Offeror must be registered with the City as a vendor prior to award of an agreement. The City online Vendor Registration Form is available on the City's website at http://www.stpete.org/with_the_city/index.php. 26. Nondiscrimination Vendors and Contractors for the City of St. Petersburg are required to comply with Pinellas County Code Section 70-53 (a)(1), regarding discrimination in employment; as well as all Federal, State and local laws. Pursuant to the Code, Vendors and Contractors shall provide workplaces free from discrimination harassment and related inappropriate behavior. Behavior that is discriminatory, harassing or otherwise inappropriate when such behavior is based on an individual's or group's race, color, national origin, religion, gender, marital status, age, disability, sexual orientation, genetic information or other protected category is considered a violation of the Code. Gender includes, but is not limited to sex, pregnancy, childbirth or medical conditions related to childbirth, and gender-related self- identity which can be shown by evidence such as medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity, or any other evidence that the gender-related identity is sincerely held. Vendors and Contractors are further encouraged to provide workplaces free of discrimination in terms of conditions of employment, including benefits. 27. Prohibited Communication Offeror and its employees, agents, contractors and representatives are prohibited from lobbying City Council, the Mayor, City staff, selection committee members and City project consultants relative to Offeror's proposal or this solicitation until the solicitation selection and award processes have been completed. Non-compliance with this provision may result in disqualification of Offeror from consideration. Notwithstanding the foregoing, this provision shall not prohibit Offeror from (i) providing public comment in accordance with applicable laws and City policies at public meetings where public comment is permitted, (ii) making a presentation during a selection committee meeting if requested by the selection committee, or (iii) submitting a dispute or complaint in accordance with the requirements set forth in this solicitation. 28. Disputes and Complaints All complaints or grievances should be first submitted orally or in writing to the Director of Procurement & Supply Management, who will take prompt remedial action. The Director of Procurement & Supply Management shall investigate the validity of the complaint and present the findings in writing to the Offeror. If the Offeror is dissatisfied with the Director of Procurement & Supply Management's remedies, Offeror may then make an appeal to the Mayor's office. Offerors appeal will be heard by either the Mayor or City Administrator. All complaints, grievances or appeals must be made no later than seven calendar (7) days preceding the date of the City Council meeting approving the Agreement or no later than seven calendar (7) days following the selecting of the successful Offeror if the Agreement does not need to be approved by City Council. 29. Living Wage Living Wage Requirements. The living wage requirements set forth in St. Petersburg City Code Chapter 2, Article V, Division 8, as those requirements may be amended from time to time, (collectively, the "Living Wage Requirements") will be incorporated into the agreement between the City and the selected Offeror where applicable. Accordingly, where applicable, the selected Offeror shall (i) pay its employees for any hours worked pursuant to the Solicitation No. 7522 City of St. Petersburg agreement in accordance with the Living Wage Requirements; (ii) comply with prohibitions on retaliation and discrimination set forth in the Living Wage Requirements; (iii) comply with the provisions for enforcement and construction set forth in the Living Wage Requirements; (iv) provide required reports and certification to the City in accordance with the Living Wage The selected Offeror must comply with the Living Wage requirements set forth in St. Petersburg City Code, Chapter 2, Article V, Division 8, as those requirements may be amended from time to time. The selected Offeror must certify compliance by executing the form included in this RFP or other means as specified herein. 30. Small Business Enterprise Program (SBE) The City is committed to assisting Small Business Enterprises (SBEs), in accordance with Municipal City Code Chapter 2, Article V, Division 4, 2-269 to 2-272. The program's purpose is to foster growth in the economy and provide opportunities for small business. The City certifies SBEs for contracting and procurement opportunities in construction, goods and services, professional services, and supplies. A business must be independently owned, operated and controlled, and not dominant in its field of operation and must meet the following criteria: serve a commercially useful function; been in operation for at least one year; has 50 full time employees or less; annual sales volume of $8 million or less for construction; domiciled in Pinellas, Hillsborough, Pasco, Manatee, or Polk counties; and must be certified by the City's Greenhouse. 31. Financial Resources Offerors selected for short-listing in the evaluation shall be required to provide documentation of their financial resources for providing services and meeting other financial obligations. Such documentation shall include a copy of Offeror's most recent year's audited financial statement summaries and the notes to the financial statement, or an individual tax return and personal financial statement of net worth for the most recent year if Offeror is an individual proprietor. 32. Health In All Policies Pursuant to Executive Order EO-2018-04, it is the policy of the City to apply the consideration of health, health impacts, and the social determinants of health to the City's decision–making, including the delivery of services and procurement of supplies and construction. Contractors are encouraged to propose services, supplies and construction that promote health to the greatest extent practicable in their responses to City solicitations. Contractors are further encouraged to provide workplaces that promote the health and well-being of their employees. Solicitation No. 7522 City of St. Petersburg 33. Wage Theft The City is committed to eliminating the underpayment or nonpayment of wages earned by persons working in the City of St. Petersburg. It is the policy of the City to engage the selected Offeror in support of the provisions set forth in Municipal City Code Article III, Chapter 15, Sections 15-40 through 15-46 (Ordinance No. 161-H). As such, the City is authorized to direct proactive investigations of designated industries or employers in response to reports of alleged violations of this Article from employees, residents, organizations, or employers. Solicitation No. 7522 City of St. Petersburg PART C Base Agreement Provision BASE AGREEMENT SETTING FORTH THE MINIMUM REQUIREMENTS The City reserves the right to add or modify the terms and conditions at any time prior to the final execution of an agreement. The Contractor will be given the opportunity to take exception to any additional or modified term or condition in the same manner as set forth in the solicitation documents. Solicitation No. 7522 City of St. Petersburg PART D Special Provisions for Services 1. Identification of Employees Contractor's employees shall wear uniforms or company identification badges displaying contractor's name and employee's name at all time while on city property. 2. e-Payables The city's preferred method for invoice payment is electronic remittance of invoices via designated credit account assigned to Contractor instead of paper checks. Contractor is encouraged to adopt the city's electronic payment option, which is designed to deliver payables quickly and more efficiently than check payments. This procedure is consistent with the city's obligations and purpose, with an overall intent to utilize technology to provide value to the taxpayers. 3. Ghost Card Payment Where practicable, the City may process all payments under the Agreement by Ghost Card (virtual City credit card). Ghost Card payments are electronic purchasing-card-based payments to the Contractor through City issued virtual accounts. Reconciliation occurs through the Contractor's standard point-of-sale terminals instead of through individual invoices and checks, after fulfillment of a City-issued purchase order. Ghost Cards shall have effectivity dates and authorization for specific supplies, services and users pursuant to the terms of the Agreement. Unauthorized purchases will be the responsibility of the Contractor. 4. Multiple SourceAward A multiple source award may be issued when awarded to two (2) or more Contractors for similar products when necessary for adequate delivery, service, or product compatibility. Multiple source awards shall not be made when a single award will meet the City's needs without sacrifice of economy or service. Awards shall not be made for the purpose of dividing the business, making available product or supplier selection to allow for user preference unrelated to utility or economy, or avoiding the resolution of the offers. Any such awards shall be limited to the least number of suppliers necessary to meet the valid requirements. 5. Product Labels and MSDS Contractor shall provide, prior to beginning work, manufacturer's labels and MSDS information for all chemicals to be used in the performance of Agreement. Manufacturer's labels must include (a) name and manufacturer of chemical; (b) customary use; c) application process; (d) possible hazards; (e) special precautions; (f) emergency treatment in the event chemical is used improperly. In compliance with Florida's Occupational Health and Safety Statue (Chapter 442), MSDS information submitted must include: (a) chemical and common names of the substance; (b) hazards or risks in the use; c) proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure/overexposure to the substance; (d) emergency procedures for spills, fire, disposal and first aid; (e) Solicitation No. 7522 City of St. Petersburg description, in lay terms, of the known specific potential health risks posed by the substance; (f) the year and month (if available) the MSDS information was compiled and the name, address and emergency telephone number of the manufacturer responsible for preparing the information. 6. Orders and Invoices a. Orders will be placed against this Agreement via E-mail, and shall be accompanied by Purchase Order Numbers. All open orders are accessible by Contractor for reconciliation through their online supplier profile. b. Unless otherwise agreed to, all performance under this Agreement must be accompanied by delivery tickets or sales slips that must contain the following information as a minimum: (1) Name of Contractor. (2) Agreement Number. (3) Purchase Order Number. (4) A description of services furnished or supplies delivered, including model number, National Stock Number (NSN) and City's item number. (5) Task/delivery order number. (6) Date of purchase. (7) Quantity, unit price, and extension of each item (unit prices and extensions need not be shown when incompatible with the use of automated systems; provided, that the invoice is itemized to show the information). (8) Date of performance. c. Invoices must be submitted to ap@stpete.org within the task/delivery order transmission issued against this Agreement. The Contractor's invoice must include, at a minimum, the following: (1) City's Agreement Release or Purchase Order numbers. (2) Name of Contractor. (3) Date of preparation. (4) Contractor's invoice number. (5) Address to which payment should be mailed. (6) City's Agreement Release or Purchase Order numbers. (7) A description of services furnished or supplies, including quantities, unit prices and extensions. (8) Discount payment terms. (9) Name of requesting department for whom the shipment was made. 7. Accessibility Contractor shall fully inform itself regarding any peculiarities and limitations of the spaces available for the performance of work under this Agreement. Contractor shall exercise due and particular caution to determine that all parts of its work are made quickly and easily accessible. 8. Damage a. Contractor shall be held responsible for any breakage, loss of the City's equipment or supplies through negligence of Contractor or its employees, subcontractors and agents while working on the City's premises. Contractor shall be Solicitation No. 7522 City of St. Petersburg responsible for restoring or replacing any equipment, facilities, and other property so damaged. b. Contractor shall immediately report to the City any damages to the premises resulting from performance under this Agreement. Failure or refusal to restore or replace such damaged property will be a breach of this Agreement. 9. Completion of Work If Contractor fails to comply with the conditions of this Agreement, or fails to complete the required work or furnish the required materials within the time stipulated, the City reserves the right to purchase in the open market, or to complete the required work, at the expense of Contractor. The City may seek recourse including but not limited to, the provisions of the performance bond if such bond is required under the conditions of this Agreement. 10. Summary of Total Sales Contractor shall furnish the Purchasing Department as requested, a detailed summary of sales. The sales summary shall include an itemized description of services or supplies delivered and dollar amount of each. Failure to provide this information within 30 calendar days following the request may result in Contractor being found in default. 11. Performance Evaluation During this Agreement term, Contractor's performance will be evaluated on multiple criteria including service, quality, accessibility, responsiveness, documentation, skills, creativity and innovation, customer interfaces and flexibility. Non or substandard performance may be grounds for termination of this Agreement. 12. Insurance Certificate Maintenance Expiration notifications for the City's insurance certificates are managed by an authorized third party firm on behalf of the City. The firm shall contact the Contractor directly via email to request updated certificates prior to expiration. Contractor shall respond directly to the firm as requested. Continued on Page 2 ST. PETERSBURG CITY COUNCIL Consent Agenda Meeting of July 9, 2020 To: The Honorable Ed Montanari, Chair, and Members of City Council Subject: Approving three-year blanket purchase agreements with fifty companies for automotive parts for the Fleet Management Department, at an estimated annual cost of $3,500,000, for a total contract amount of $10,500,000. Explanation: The Procurement and Supply Management Department received 50 proposals for automotive parts. The vendors will provide parts for the following items including, but not limited to automobiles, police cruisers, fire apparatus, light, medium and heavy-duty trucks, backhoes, cranes, tractors, loaders, refuse vehicles, agricultural equipment, generators and compressors. The types of parts will include original manufacturer, aftermarket and specialized equipment for City vehicles. The cost of parts is based on variable discounts from manufacturers’ price lists. The Procurement and Supply Management Department, in cooperation with the Fleet Management Department, recommends for award: Automotive Parts and Supplies ……………………….…. $10,500,000 (Three-years @ $3,500,000 per year) Action Fabrication and Truck Equipment (Tarpon Springs, FL) Agility Fuel Solutions LLC (Costa Mesa, CA) All Florida Fire Equipment Co. (St. Petersburg, FL) Atlas Hydraulics Inc. (Clearwater, FL) Austin & Son Auto Electric, Inc. (Tampa, FL) Carlisle Motors LLC, dba AutoNation Ford (St. Petersburg, FL) Batteries by Fisher Inc. (Lakeland, FL) Barney’s Motorcycle Sales Inc (St. Petersburg, FL) Bay Area Truck Sales, DBA Kenworth of Central FL (Orlando, FL) Bob Lee’s Tire Co. Inc. (St. Petersburg, FL) Choo Choo Lawn Equipment Inc. (Plant City, FL) Certix LLC. (Estero, FL) Dana Safety Supply Inc. (Tampa, FL) Dobbs Equipment, LLC (Riverview, FL) EFE Inc dba Everglades Farm Equipment Group (Clearwater, FL) Environmental Products Group, Inc. (Apopka, FL) Fleet Products Inc. (Clearwater, FL) Fleetpride Inc. (Clearwater, FL) Gator Moto Utility Vehicles and More LLC. (Atlantic Beach, FL) Glades Parts Co., dba Original Equipment Co (Pinellas Park, FL) Goodyear Rubber Products Inc. (St. Petersburg, FL) Grainger Industrial Supply Inc (Clearwater, FL) Green Powers America LLC. (West Palm Beach, FL) GS Equipment Inc. (Tampa, FL) Hall-Mark Fire Apparatus Inc. (St. Petersburg FL) Automotive Parts & Equipment July 9, 2020 Page 2 IEH Auto Parts LLC, dba Auto Plus (Moorestown, NJ) Maher Chevrolet, Inc. (St. Petersburg, FL) McGee Tire Stores Inc. (St. Petersburg, FL) McNeilus Trucking and Manufacturing, Inc. (Plantation, FL) Nextran Corporation dba Nextran Truck Center (Tampa, FL) Pyramid Automotive Inc. (St. Petersburg, FL) Quality Mowers (Clearwater, FL) RDK Assets LLC (Tampa, FL) Rev RTC Inc. (Ocala, FL) Ring Power Corporation (St. Augustine, FL) Rush Truck Center (Tampa, FL) Smith Equipment and Supply CO. (Lakeland, FL) South Florida Emergency Vehicles (Ft. Meyers, FL) Southport Truck Group (Tampa, FL) Southern Sewer Equipment Sales and Service Inc. (FT. Pierce, FL) Tampa Crane & Body Acquisition LLC (Tampa, FL) Tampa Spring Co. (Tampa, FL) Ten-8 Fire Equipment, Inc. (Bradenton, FL) Thompson Pump and Manufacturing CO. (Port Orange, FL) TPH Holdings LLC, dba The Parts House (St. Petersburg, FL) Trekker Tractor (Hialeah Gardens, FL) Walker Ford Co. Inc. (St. Petersburg, FL) Wesco Turf Inc. (Sarasota, FL) Western Refuse & Recycling (Chandler, AZ) Xtreme Powersports Inc. (Tampa, FL) The vendors have met the requirements of RFP No. 7522, dated March 9, 2020. The agreements will be effective from the date of approval through September 30, 2023, with one, two-year renewal option, and will be binding only for actual services rendered. Amounts paid to awardees pursuant to these agreements shall not exceed a combined total of $3,5000,000 annually. Cost/Funding/Assessment Information: Funds have been previously appropriated in the Fleet Management Fund (5001). Attachments: Price History Resolution Price History 060.00 Auto Parts and Equipment No.Description 2017 2018 2019 2020 % Change 1 Battery, 65-72, Group 65, 850 CCA $72.20 $74.44 $74.44 $59.00 (21%) 2 Battery, 34-60, Group 34, 630 CCA 58.49 60.30 60.30 55.00 (9%) 3 Belt, Engine, Kenworth -K080685 33.29 33.29 33.29 31.37 (6%) 4 Belt, Serpentine 5075M 8.09 8.09 8.09 21.05 160% 5 Bit, drill 29/64 IN.3.88 3.88 3.88 5.35 38% 6 Bit, Drill 13/64 IN 2.04 2.04 2.04 1.36 (33%) 7 Blade, TORO 5910 (PACK OF 11)245.96 245.96 245.96 261.04 6% 8 Bulb, Amber 4412A 10.13 10.13 10.13 6.71 (34%) 9 Bulb, HB3 65W -9005 1.79 1.79 1.79 1.81 1% 10 Clamp, hose # 10 0.42 0.42 0.42 0.31 (26%) 11 Clamp, Hose # 16 0.30 0.30 0.30 0.34 13% 12 Cleaner, Armour All 16OZ 6.99 6.99 6.99 6.29 (10%) 13 Cleaner, Brake Non-Chor 2.49 2.49 2.49 2.35 (6%) 14 Filter, Air Freightliner-42812 47.93 47.93 47.93 48.72 2% 15 Filter, Pre BR420 5.87 5.87 5.87 3.99 (32%) 16 Fitting, 43 SER - MALE 10343-12-12 9.66 9.85 10.55 10.55 -- 17 Fitting, 43 SER - FEM 10643-16-16 22.62 23.08 24.72 24.72 -- 18 Fluid, ATF Dextron VI 5.39 4.88 4.30 3.74 (13%) 19 Fluid, Exhaust Diesel 6.85 6.85 6.85 2.60 (62%) 20 Freon, 134 30 LB Tank 95.70 95.70 95.70 79.00 (17%) 21 Hose, HYD PSI 3/4" 471TC-12-RL 10.31 11.27 11.27 11.27 -- 22 Hose, Smooth Bore, PTFE 919-10 10.47 10.47 10.47 10.47 -- 23 Light, HeadLight, Halogen H6054 9.34 9.34 9.34 6.30 (33%) 24 Light, Headlight -9012 16.98 16.98 17.45 17.45 -- 25 Oil, Gear 85-140 2.81 2.81 2.81 2.35 (16%)26 Oil, Penatrating WD-40 5.08 5.08 5.08 5.68 12% 27 Pads, Brake, 13+ Interceptor Rear 54.04 54.04 54.04 52.33 (3%) 28 Pads, Brake, 13+ Interceptor Front 37.98 37.98 37.98 31.99 (16%) 29 Plug, Spark NGK BPMR7A 3.27 3.27 3.27 2.84 (13%)30 Roter, Brake rear, Altima 17 48.75 48.75 48.75 36.06 (26%) 31 Tire, 225/75D15, Sport Trail LH BW 88.79 95.14 95.14 80.74 (15%) 32 Tire, 235/55R17, Eagle RS-A Police 109.00 116.00 116.00 116.00 -- 33 Tire, 255/70R17 Wrangler Fortitude 121.54 129.13 129.13 124.52 (4%) 34 Tubing, Vacuum/wiper 7/64 0.43 0.43 0.43 0.40 (7%)35 Wiper, Colorado 18 Inch 15.00 15.00 15.00 7.97 (47%) RESOLUTION NO. _________ A RESOLUTION APPROVING THREE-YEAR BLANKET PURCHASE AGREEMENTS WITH A TWO-YEAR RENEWAL OPTION TO THE 50 VENDORS IDENTIFIED ON THE ATTACHED MEMORANDUM FOR AUTOMOTIVE PARTS FOR THE FLEET MANAGEMENT DEPARTMENT; PROVIDING THAT THE COMBINED TOTAL AMOUNT FOR THE ABOVE REFERENCED AGREEMENTS SHALL NOT EXCEED $10,500,000 FOR THE INITIAL TERM; AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE THESE TRANSACTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Procurement and Supply Management Department Received 50 proposals for automotive parts in reference to RFP No. 7522, dated March 9, 2020; and WHEREAS, the 50 vendors identified in the attached memorandum have met the specifications, terms and conditions of RFP No. 7522, dated March 9, 2020; and WHEREAS, the Procurement & Supply Management Department, in cooperation with the Fleet Management, recommends approval of this resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Petersburg, Florida, that the award of three-year Blanket Purchase Agreements with a two- year renewal option to the 50 vendors identified on the attached memorandum (which is a part of this Resolution by reference) for automotive parts for the Fleet Management Department are hereby approved. BE IT FURTHER RESOLVED that the combined total amount for the above referenced agreements shall not exceed $10,500,000 for the initial term. BE IT FURTHER RESOLVED that the Mayor or his designee is authorized to execute all documents necessary to effectuate these transactions. This Resolution shall become effective immediately upon its adoption. Approved as to Form and Substance: ______________________________ City Attorney (Designee) 00510369 -- City of St. Petersburg Authorization Request -- General Authorization Request # 57669 Name:Pocengal, Nicholas W Request Date:22-MAY-2020 Status:APPROVED Authorization Request Subject:Automotive Parts & Equipment, June 11 Council Message:Submitted for your approval, please find attached Consent Write-up for Automotive Parts & Equipment, scheduled to go before City Council on June 11, 2020. Should you have any questions, please contact me at extension 3387. Thank you. Supporting Documentation: 060.00 Automotive Parts and Equipment June 11 2020 - Approval Request.pdf Approver Completed By Response Response Date Type 0 Pocengal, Nicholas W SUBMITTED 22-MAY-2020 1 McKee, Stacey Pevzner McKee, Stacey Pevzner APPROVE 22-MAY-2020 User Defined 2 Tankersley, Claude Duval Tankersley, Claude Duval APPROVE 29-MAY-2020 User Defined Hillsborough County Public Schools Page 1 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts BUSINESS SERVICES DIVISION PROCUREMENT SERVICES INVITATION TO BID December 3, 2020 Solicitation No. and Name. 20204-DST-KJ Truck, Bus, and Vehicle Parts Purpose. Public notice is hereby given that Hillsborough County Public Schools (“HCPS” or the “District”) on behalf of The School Board of Hillsborough County, Florida (the “Board”) has issued this Invitation to Bid (“ITB”) for the goods and services herein. HCPS seeks bids from qualified vendors to provide parts for trucks, buses, and vehicles (new and rebuilt). The work to be done under this contract includes, but is not limited to; providing all labor, materials, supervision, equipment, incidentals, and related items necessary to complete the work in accordance with the specifications contained herein. HCPS currently owns and maintains approximately 1,950 vehicles and pieces of equipment and inventories. Questions Due Date. Tuesday, January 5, 2021 at 12:00 PM (Noon) EST Bid Due Date. Tuesday, January 12, 2021 at 12:00 PM (Noon) EST Bid Submittal. ELECTRONIC COPY SUBMITTAL. BIDDER MUST SUBMIT THEIR BID VIA UPLOAD at WWW.MYVENDORLINK.COM. HCPS no longer accepts paper submittals. The Bidder is solely responsible for submittal of their Bid through VendorLink no later than the time and date specified in the solicitation or subsequent addenda. The Bidder must allow adequate time to upload their submittal on VendorLink. The Bidder is responsible to contact VendorLink technical support at support@evendorlink.com if technical difficulties arise during submission of the Bid. HCPS shall not be responsible for delays caused in any occurrence and shall reject Bids submittals via any other means. The Bidder must transmit their Bid electronically via VendorLink at www.myvendorlink.com. Acceptable file formats for upload are Microsoft Excel (.xls or .xlsx), Adobe Portable Document (.pdf), or .ZIP file formats and printing must be enabled on all files submitted. Vendorlink. HCPS will post all solicitations and supporting documents on www.myvendorlink.com. It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates. Each Bidder must have a current vendor application on file with Vendorlink to conduct business, receive updates and addenda, and ask questions under any HCPS solicitation. HCPS may disqualify a Bidder for failure to comply with this condition. For technical support contact the Vendor Registration Helpdesk via email at support@evendorlink.com for additional registration questions. Lobbying/Cone of Silence. The Cone of Silence, HCPS policy 6320 – Procurement, prohibits any communication regarding an active competitive solicitation between any District employee or School Board member and any third party, representative, or lobbyist of that party, in effect from the time of release of the competitive solicitation until the contract is awarded by the School Board. Notice. Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes. [INTENTIONALLY BLANK] Superintendent of Schools Addison G. Davis School Board Lynn L. Gray, Chair Stacy A. Hahn, Ph.D., Vice Chair Nadia T. Combs Karen Perez Melissa Snively Jessica Vaughn Henry “Shake” Washington Hillsborough County Public Schools Page 2 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 1 INTRODUCTION ......................................................................................................................................................................... 3 1.1 HCPS BACKGROUND ........................................................................................................................................................................................ 3 1.2 DEFINITIONS .................................................................................................................................................................................................... 3 2 GENERAL TERMS AND CONDITIONS ........................................................................................................................................... 5 2.1 LEGAL REQUIREMENTS ................................................................................................................................................................................... 5 2.2 DISCRIMINATION ............................................................................................................................................................................................ 7 2.3 VENDOR SANCTIONS ....................................................................................................................................................................................... 7 2.4 HCPS’ RIGHTS .................................................................................................................................................................................................. 8 2.5 ALTERNATIVE PURCHASING OPTIONS (NON-EXCLUSIVITY) ............................................................................................................................ 9 2.6 CONTRACT TERMINATION & DEFAULT ......................................................................................................................................................... 10 2.7 CONTRACTOR’S OBLIGATIONS ...................................................................................................................................................................... 11 2.8 ACCOUNTING & INVOICING .......................................................................................................................................................................... 12 2.9 CONFLICT OF INTEREST ................................................................................................................................................................................. 13 2.10 HAZARDOUS MATERIALS............................................................................................................................................................................... 14 2.11 INDEMNIFICATION ........................................................................................................................................................................................ 16 2.12 WARRANTY ................................................................................................................................................................................................... 17 2.13 INFORMATION TECHNOLOGY ....................................................................................................................................................................... 17 3 BIDDER INSTRUCTIONS ............................................................................................................................................................ 19 3.1 VENDORLINK ................................................................................................................................................................................................. 19 3.2 PRE-BID MEETING ......................................................................................................................................................................................... 19 3.3 BID SUBMITTAL ............................................................................................................................................................................................. 19 3.4 NOTICE OF INTENT ........................................................................................................................................................................................ 21 3.5 CONTRACT ..................................................................................................................................................................................................... 22 4 SPECIAL CONDITIONS ............................................................................................................................................................... 23 4.1 CONTACT INFORMATION & CERTIFICATION ................................................................................................................................................. 23 4.2 SUBSTITUTE W-9 AND VENDOR INFORMATION FORM................................................................................................................................. 24 4.3 BIDDER’S STATEMENT OF PRINCIPAL PLACE OF BUSINESS ........................................................................................................................... 25 4.4 STATEMENT OF QUALIFICATIONS ................................................................................................................................................................. 26 4.5 PAYMENT OPTIONS ....................................................................................................................................................................................... 27 4.6 DRUG-FREE WORKPLACE CERTIFICATION ..................................................................................................................................................... 28 4.7 SCRUTINIZED COMPANY CERTIFICATION ...................................................................................................................................................... 29 4.8 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION ....................................................... 30 4.9 TRUTH AND ACCURACY STATEMENT ............................................................................................................................................................ 31 4.10 BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM ........................................................................................................................ 32 4.11 SMALL BUSINESS ENCOURAGEMENT (SBE) PROGRAM LETTER OF INTENT .................................................................................................. 33 4.12 ADDENDA AND BID FORM ............................................................................................................................................................................ 34 4.13 ESTIMATED BUDGET ..................................................................................................................................................................................... 35 4.14 CONTRACT TERM/RENEWALS ....................................................................................................................................................................... 35 4.15 MINIMUM QUALIFICATIONS ......................................................................................................................................................................... 35 4.16 THE JESSICA LUNSFORD ACT (JLA) BADGES (APPLICABLE UPON AWARD) .................................................................................................... 37 4.17 INSURANCE REQUIREMENTS (APPLICABLE UPON AWARD) .......................................................................................................................... 37 4.18 SCOPE OF WORK/SERVICES ........................................................................................................................................................................... 38 5 JUST-IN-TIME INVENTORY ........................................................................................................................................................ 40 5.2 CUSTOMER SERVICE/DELIVERY ..................................................................................................................................................................... 40 5.3 GENERAL PARTS INFORMATION ................................................................................................................................................................... 40 5.4 REBUILT/REFURBISHED OR RECYCLED PARTS ............................................................................................................................................... 40 5.5 CORE EXCHANGE ........................................................................................................................................................................................... 40 5.6 INVENTORY TRACKING .................................................................................................................................................................................. 40 5.7 WARRANTY RECORDS ................................................................................................................................................................................... 41 6 BID RESPONSE FORM/PRICING SHEET...................................................................................................................................... 42 6.1 PRICING SHEET .............................................................................................................................................................................................. 42 EXHIBIT A: SAMPLE AGREEMENT ..................................................................................................................................................... 44 Hillsborough County Public Schools Page 3 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 1 INTRODUCTION 1.1 HCPS BACKGROUND Hillsborough County Public Schools, Florida (“HCPS” or the “District”) is a political subdivision organized under Section 4, Article IX, of the State Constitution and Florida Statutes. HCPS, which is coterminous with Hillsborough County, is the nation’s seventh largest school system. HCPS presently has 235 PreK-12 schools, specialty centers and technical colleges with approximately 225,000 students and approximately 24,000 employees. Management of HCPS is independent of metropolitan and city governments. The School Board of Hillsborough County, Florida (the “Board”), a public corporation existing under the Laws of the State of Florida, is the policy-making body of HCPS. The Board consists of seven members elected by geographic area. Among other duties, the Board has broad financial responsibilities, including the approval of the annual budget, which for the 2019–2020 fiscal year is approximately $3 billion. The Chief Executive Officer is the Superintendent of Schools, Mr. Addison Davis, appointed by the Board, who is responsible for all financial transactions and records of HCPS. 1.1.1 Vision. Preparing Students for Life. 1.1.2 Mission. To provide an education and the supports that enable each student to excel as a successful and responsible citizen. 1.2 DEFINITIONS Whenever the following terms are used, its intent and meaning shall be as follows. - Addendum. All written or graphic instruments issued prior to the date for opening of the proposal, which modify or interpret the solicitation by additions, deletions, corrections, or clarifications. - Bidder. The term "Bidder" as used within this Invitation to Bid (ITB) refers to the person, company or organization responding to this ITB. The Bidder is responsible for understanding and complying with the terms and conditions herein. - Board. The term “Board” refers to The School Board of Hillsborough County, Florida. - Competitive Solicitation. “Competitive solicitation” or “solicitation” is the process of requesting and receiving two or more sealed bids submitted by responsive vendors in accordance with the terms of a competitive process, regardless of the method of procurement § 287.012(6), Florida Statutes. - Contract. “Contract” includes this competitive solicitation, all related addenda and answers to questions via www.myvendorlink.com, the Bid, all mutually agreed amendments, and subsequent renewals covering the provision of goods and services herein. - Contractor. The “Contractor” refers to any type of business entity awarded by The School Board of Hillsborough County, Florida or approved by Hillsborough County Public Schools in accordance with a proposal submitted by that organization in reply to any HCPS competitive solicitation. - Default. The omission or failure to fulfill a duty, observe a promise, discharge an obligation, or perform as agreed. - Florida Statutes (F.S.). The Florida Statutes are the codified, statutory laws of Florida. - Goods. “Goods” means any of the various supplies, materials, commodities, merchandise, food, equipment, information technology, and other personal property, including a mobile home, trailer, or other portable structure that has less than 5,000 square feet of floor space, purchased, leased, or otherwise contracted for by HCPS. - Invitation to Bid (ITB). Per 6A-1.012(1)(b) Purchasing Policies, “Invitation to bid” is a written publicly posted solicitation for competitive sealed bids. The ITB is used when HCPS is capable of specifically defining the scope of work for which a service is required or when HCPS is capable of establishing precise specifications defining the goods required. - Procurement Officer. HCPS contracting personnel, as identified in the cover sheet of all competitive solicitations. - Protest. A formalized process, governed by § 120.57(3), F.S., § 287.042(2), F.S., and § 28-110, Florida Hillsborough County Public Schools Page 4 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts Administrative Code, by which providers have an opportunity to challenge a procurement practice or contract award. - Renewal. “Renewal” means contracting with the same contractor for an additional contract period after the initial contract period, only if pursuant to contract terms specifically providing for such renewal. - Responsive Bid. “Responsive bid,” “responsive proposal,” or “responsive reply” means a bid, or proposal, or reply submitted by a responsive and responsible vendor which conforms in all material respects to the solicitation. - Responsive Vendor. “Responsive vendor” means a vendor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation. - Small Business Encouragement (SBE) Program. Per School Board policy 6320.02 - Supplier Diversity, www.sdhc.k12.fl.us/policymanual/detail/502 the School Board commits to doing business with contractors, vendors, and other suppliers who reflect the diversity of our community. It is the policy of the School Board to promote and attain that diversity through the Small Business Encouragement (SBE) Program that encourages and facilitates the participation of small businesses, including those that are woman and minority owned, in every aspect of the School Board's procurement activities. The SBE Program is gender/race neutral and is open to any small, certified business that meets the eligibility requirements set forth in this policy. - Service. “Service” means the rendering by a contractor of its time and effort rather than the furnishing of specific goods. The term applies only to those services rendered by individuals and firms who are independent contractors, and such services may include, but are not limited to, evaluations; consultations; maintenance; accounting; security; management systems; management consulting; educational training programs; research and development studies or reports on the findings of consultants engaged thereunder; and professional, technical, and social services. The term does not include a contract for the furnishing of labor or materials for the construction, renovation, repair, modification, or demolition of a facility, building, portion of building, utility, park, parking lot, or structure or other improvement to real property entered into pursuant to chapter 255 and rules adopted thereunder. - Subcontractor. The Bidder understands that, as a prime contractor, said contractor is responsible for all actions taken by its subcontractor(s) and shall bare all liability for the subcontractors’ action under this agreement. HCPS must pre-approve each subcontractor and must follow all the Contractor’s requirements herein. All the Contractor’s requirements and references to the Contractor herein shall apply to all HCPS approved subcontractor(s). The subcontractor includes any organization whom the Contractor utilizes for the provision of goods and services subject to this contract. The Contractor must notify HCPS for prior approval as to the use of any subcontractor. The subcontractor must adhere to the Contractor’s obligations and the Contractor shall remain responsible for the subcontractor’s actions. - Superintendent. The term “superintendent” shall mean the District “superintendent or designee.” For the purposes of this solicitation, the General Manager of Procurement Services will serve as the designee. - Term Contract. “Term contract” means an indefinite quantity contract to furnish goods or services during a defined period. - Vendor. The term “vendor” shall apply to any business entity or organization that sells goods and services to achieve certain commercial goals. [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 5 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 2 GENERAL TERMS AND CONDITIONS The following General Terms and Conditions are incorporated and applicable to all Hillsborough County Public Schools (HCPS)-issued competitive solicitations and to each purchase made by any authorized method of acquisition. HCPS shall deem that each organization or entity (the “Bidder”) submitting a bid (Bid), to have assented to these non-negotiable conditions by the act of responding to this competitive solicitation (solicitation) and acceptance of a request for purchase via duly issued purchase order (PO). Prior to the solicitation due date. During the active solicitation process, HCPS may incorporate additional conditions, without limitation, referenced as Addendum, Attachment, Appendix, or Exhibit. Any conflict in terms between any additional conditions, and any HCPS-issued addenda will require the following descending order of precedence: addenda, answers to questions on www.myvendorlink.com, appendix, attachment, exhibition, and the solicitation. Unless specifically stated, the terms and conditions in this solicitation are nonnegotiable. HCPS will reject all Bids that fail to accept the stated terms and conditions as "non-responsive." 2.1 LEGAL REQUIREMENTS The Contractor must be knowledgeable of and in compliance with all applicable federal, state, county, and local laws, ordinances, rules, regulations, and Board Policy (www.sdhc.k12.fl.us/policymanual/policy/7) that may affect the provision of commodities and contractual services covered herein. The Contractor’s lack of knowledge shall not be a cause for relief from responsibility. 2.1.1 Governing Law, Jurisdiction, and Venue. This contract shall be governed by and interpreted in accordance with the laws of the State of Florida other than its conflict of laws principles. The parties agree that if any suit or proceeding is brought in connection with this Agreement, such suit or proceeding shall be brought in the state or federal courts located in Hillsborough County, Florida, and the parties shall submit to the exclusive jurisdiction of such courts and waive any and all jurisdictional, venue, and inconvenient forum objections to such courts. Each party shall be responsible for its own attorneys’ fees and costs incurred because of any action or proceeding under this Agreement. 2.1.2 Protest. Any protest concerning bid specifications, a decision, or intended decision pursuant to this solicitation shall be made in accordance with § 120.57(3) F.S. and Board Policy chapter 6320 (Bid Protest). Questions to Procurement Services, Board member, or any HCPS employee shall not constitute formal notice of a protest. HCPS shall post Board recommendations and tabulations for this solicitation on www.myVendorLink.com. It shall be the sole responsibility of each Proposer to review this solicitation on VendorLink. HCPS will not mail tabulations, recommendations, or notices. A Bidder who wishes to file a bid protest must file such notice and follow procedures prescribed by F.S. 120.57(3) for resolution shall file a Notice of Intent to Protest, in writing, within 72 hours after the solicitation document is posted or after the notice of decision is posted, respectively, excluding Saturdays, Sundays, and state holidays. For solicitations by Procurement Services, the notice must be filed with the General Manager of Procurement Services, 901 East Kennedy Boulevard, Tampa, Florida 33602. Any person who files an action protesting a decision or intended decision pertaining to a solicitation pursuant to F.S. 120.57(3)(b) shall post, at the time of filing the formal written protest that states, with particularity, the facts and law upon which the protest is based. A bond payable to the Board in an amount of five percent (5%) of the lowest accepted bid for all other projects, conditioned upon payment of all costs and fees which may be adjudged against the protestor in the administrative hearing. If at the hearing the Board prevails, it shall recover all costs excluding attorney's fees from the protestor; if the protestor prevails, the protestor shall recover from the Board all costs excluding attorney's fees. Failure to file a protest within the time prescribed in § 120.57(3) b, F.S., shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Florida Department of State, Division of Corporations Registration Requirements. Proposers that are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the State of Florida must furnish their Florida document number, and written documentation of “active” status. All registered proposers must have an active status in order to be eligible to do business with HCPS. Proposer doing business under a fictitious name must submit their proposal using the company’s complete registered legal name, i.e. ABC, Inc. d/b/a XYZ Company. To register with the State of Florida, visit: www.Sunbiz.org. 2.1.3 Severability. In case of any one or more of the provisions contained in this solicitation shall be for any reason be held to be invalid, illegal, unlawful, unenforceable or void in any respect, the invalidity, illegality, unenforceability, Hillsborough County Public Schools Page 6 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts unlawful, or void nature of that provision shall not affect any other provision and this Agreement shall be considered as if such invalid, unlawful, unenforceable, or void provision had never been included herein. 2.1.4 Fair Labor Standards Act (“Hot Goods”). The proposer certifies that the production of the provided commodities and contractual services shall be compliant with all applicable requirements of sections 6, 7, and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued under section 14 thereof. 2.1.5 Student Confidentiality. Any records, materials, documents or other objects containing confidential information, and copies thereof, obtained by the Contractor during the provision of commodities and contractual services for HCPS are confidential and shall not be used or disclosed in any manner by the Contractor, except as allowed by applicable law and regulations and the policies and practices of HCPS. Notwithstanding the policies and practices of HCPS, in no event shall the Contractor use or disclose confidential information in violation of the Health Insurance Portability and Accountability Act (HIPAA), Family Educational Rights and Privacy Act (FERPA), Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), or other applicable laws or regulations. After the termination of the contract with HCPS, the Contractor shall not use or disclose the contents of such confidential information for any purpose whatsoever, except as may be required by law if the Contractor must first furnish prompt notice thereof to HCPS to permit HCPS an opportunity to contest such disclosure. The Contractor agrees to not remove from HCPS premises, except as a contractor, acting on behalf of HCPS and in pursuit of the business for HCPS or except as authorized or directed by HCPS, any records, materials, documents or objects containing or reflecting any confidential information. The Contractor recognizes that all such documents and objects, whether developed by the Contractor or someone else, are the exclusive property of HCPS. Upon contract expiration, or at any other time upon request by HCPS, and at the sole discretion of HCPS, the Contractor shall promptly deliver to HCPS all documents and records which are in the Contractor's possession or control and which are confidential information as defined in this contract. The Contractor’s failure to comply with the provisions of this contract pertaining to confidential information is a breach of this contract and may result in the termination of the contract and further legal action against contractor. The provisions of this contract pertaining to confidential information shall survive termination of the contract between HCPS and the Contractor. The Contractor shall be solely responsible for any claims, damages, costs, and expenses, including reasonable attorney fees incurred by HCPS because due to the Contractor's breach of the confidentiality provisions of this contract. The contractor further agrees that HCPS may obtain injunctive or other equitable relief in a court action to restrain further breach of this contract or to prevent unauthorized uses or disclosures of confidential information by the Contractor. 2.1.6 Tax Exemption. HCPS is exempt from federal and state taxes for tangible personal property. HCPS’ State Sales Tax Exemption Number is 85-8012621971C-8 and the Federal Excise Tax Exemption Number is 59 72-0088 K. The Sales Tax Exemption Form is available for download at https://www.sdhc.k12.fl.us/doc/163. Note, the contractor cannot claim exemption from taxes for materials to fulfill its contractual obligations to HCPS. HCPS shall not authorize the use HCPS’ tax exemption number to purchase such materials. 2.1.7 Public Records Laws. The Contractor acknowledges that this contract and all documents submitted to The School Board of Hillsborough County, Florida related to this contract are a matter of public record and are subject to the State of Florida Public Records Law Ch. 119 F.S., Art. I s. 24, of the State Constitution, and any other comparable federal laws. The Contractor further acknowledges that HCPS may post this contract on The School Board of Hillsborough County, Florida website. The Contractor also understands the broad nature of these laws and agrees to comply with Florida’s public records laws and laws relating to records retention. If the Contractor is acting on behalf of HCPS pursuant to s. 119.0701 F.S., the Contractor shall:  keep and maintain public records that ordinarily and necessarily would be required by HCPS to perform the service, and  provide the public with access to public records on the same terms and conditions that HCPS would provide the records and at a cost that does not exceed the cost provided in s. 119 F.S. or as otherwise provided by law, and  ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law, and  meet all requirements for retaining public records and transfer, at no cost, to HCPS all public records in Hillsborough County Public Schools Page 7 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts possession of the contractor upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, and  can provide all electronically stored records in a format that is compatible with the HCPS information technology systems 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 AGREEMENT, CONTACT THE HCPS OFFICE OF COMMUNICATIONS AT PHONE: (813) 272-4060, EMAIL: PRR@SDHC.K12.FL.US, 901 E. KENNEDY BOULEVARD, TAMPA, FLORIDA 33602. 2.2 DISCRIMINATION The Contractor shall comply with all applicable laws, ordinances, codes, and statutes of all local, state, or national governing bodies included within this section. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part. 2.2.1 Statement of Assurance. The Contractor must comply with the regulations of Title VII of the Civil Rights Act of 1964, as amended, and the Florida Civil Rights Act of 1992, in which no person in the United States shall on the grounds of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status be excluded from participation in or be denied the proceeds of or be subject to discrimination in the performance of this contract. Also, all the funds, services, materials, property, etc. inclusive in the contract shall not be used in the performance of any partisan political activity or to further the election or defeat of any candidate for public office. 2.2.2 Americans with Disabilities Act. Any Proposer submitting a proposal to HCPS for the provision of commodities and contractual services may not exclude any person(s) from participating in; deny any person(s) the proceeds or benefits of; not otherwise subject any person(s) or subcontractors to any form of discrimination based on grounds of race, creed, color, national origin, age, sex, or disability. All contractors and subcontractors providing commodities and contractual services must comply with the pertinent portion of the Americans with Disabilities Act of 1990, Public Law 101-336. 2.3 VENDOR SANCTIONS The Bidder certifies that it complies fully with the Federal Debarment Certification regarding debarment suspension, ineligibility, and voluntary exclusion. HCPS may, by written notice to the Contractor, immediately terminate this contract if HCPS determines that the Contractor has been disbarred, suspended or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body. 2.3.1 Public Entity Crimes (§287.133(2)(A). "A person or affiliate who has been placed on the convicted vendor(s) list following a conviction for a public entity crime may not submit a Bid on a contract to provide any commodities and contractual 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 vendor(s), supplier, subcontractor(s) or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statute 287.01 7 for category two ($35,000) for a period of 36 months from the date of being placed on the convicted vendor(s) list." 2.3.2 Convicted and Discriminatory Vendor Lists (ss. 287.133(2)(a) and 287.134, F.S., and Rule 60A1.006 (1), F.A.C.). A person or affiliate who has been placed on the State of Florida Discriminatory Vendor List or the Convicted Vendor List: following a conviction for a public entity crime may not submit a Bid on a contract to provide commodities and contractual services to a public entity; may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids on leases of real property to a public entity; may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount of $35,000 for a period of 36 months following the date of being placed on the convicted vendor list. www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_ vendor_lists/convicted_vendor_list. Hillsborough County Public Schools Page 8 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 2.3.3 Bankruptcy. At the time of Proposal submission, the Proposer shall not be in the process of or engaged in any type of proceedings relating to insolvency or bankruptcy, either voluntary or involuntary, or receivership proceedings. If Proposer is awarded a contract for one (1) year or longer, and files for bankruptcy, insolvency, or receivership thereafter, HCPS may, at its option, terminate the contract. 2.3.4 Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Contractor is considered a violation for §274A (e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the Contract. 2.3.5 Scrutinized Companies Lists/Business Operations in Cuba or Syria. Per the provisions of s. 287.135 F.S., a company that, at the time of bidding or submitting a Proposal for a new contract or renewal of an existing contract, 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 F.S., or is engaged in business operations in Cuba or Syria, is ineligible for, and may not bid on, submit a Bid for, or enter into or renew a contract with an agency or local governmental entity for commodities and contractual services exceeding one-million dollars. The Proposer certifies by submission and signature of this Proposal that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List or been engaged in business operations in Cuba or Syria. Any contract for commodities and contractual services of $1,000,000 or more may be terminated at the option of the awarding body if the company is found to have submitted false certification or been placed on either of these lists or been engaged in business operations in Cuba or Syria. 2.4 HCPS’ RIGHTS This solicitation will comply with all applicable HCPS policies, federal, state, and local laws. HCPS reserves the right to qualify Proposals that HCPS deems to meet the qualifications listed in this solicitation. HCPS is therefore not bound to accept a Proposal solely based on lowest price. In addition, HCPS at its sole discretion, reserves the right to cancel, recall, or reissue all, or parts of the solicitation, to reject any Bid, to waive any formality and irregularity, or to re-advertise the identical or revised specifications. HCPS may investigate the qualifications of any Proposer under consideration, require confirmation of information furnished by a Proposer, and require additional evidence of qualifications to perform the services described in this solicitation. Furthermore, HCPS reserves, but not limited to, the following rights:  A Bidder’s past performance may be used in the evaluation of this solicitation.  Reject any or all the Proposals; and  issue subsequent solicitation for the same statement of work; and  cancel the entire solicitation; and  remedy solicitation errors; and  reduce the scope of work (if deemed in HCPS’ best interest and at HCPS sole discretion); and  appoint evaluation committees to review Proposals; and  seek the assistance of technical experts to review Proposals; and  approve or disapprove the use of subcontractors and suppliers; and  award a contract to one or more (or none) of the Proposers; and  accept other than the lowest priced Proposal; and  waive informalities and irregularities in Proposals; and  award a contract without discussions or negotiations; and  disqualify proposals upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer; and  this solicitation does not commit HCPS to enter into a contract nor obligate HCPS to pay for any costs incurred in the preparation and submission of Proposals or in anticipation of a contract. 2.4.1 Submittal Confidentiality. Pursuant to s. 119.071(1) (b) 2 Florida Statutes, proposals received by HCPS pursuant Hillsborough County Public Schools Page 9 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts to a competitive solicitation are exempt from ss. 119.07 (1) and 24 (a), Art. I of the State Constitution until HCPS provides notice of an intended decision or until thirty (30) days after receipt of the proposals, whichever is earlier. All proposal evaluation meetings and discussions with the Proposer shall be subject to § 286.0113, F.S. 2.4.2 Submittal Rejection. HCPS, at its discretion, may reject any, or part(s) of any proposal; advertise, postpone, or cancel, at any time, the competitive solicitation process, or waive any irregularities in the solicitation in the proposal received. HCPS also reserves the right to request clarification of information from any Proposer. 2.5 ALTERNATIVE PURCHASING OPTIONS (NON-EXCLUSIVITY) This solicitation does not establish an exclusive arrangement between HCPS and the Contractor. Additionally, HCPS reserves the following additional unrestrictive rights:  Use additional vendors to provide the commodities and contractual services, or deliver the same or similar products, as described herein when it is to the economic benefit of HCPS; and  Propose any work, products, or services as described herein when it is to the economic benefit of HCPS; and  May purchase items on this solicitation from any State of Florida public entity, the General Services Administration (GSA), Bay Area Schools Purchasing Council (BASPC), or any purchasing cooperative that serves school districts; and  Generate emergency purchases from the next highest-ranked Proposer(s); and  Generate additional purchases due to the Contractor’s inability provide the commodities and contractual services under the requested timeframe. 2.5.1 Purchases by Other Public Agencies. In accordance with the State of Florida Department of Education (FLDOE) Purchasing Rule 6A-1.012 (6), in lieu of requesting competitive solicitations from three (3) or more sources, district school boards may make purchases at or below the specified prices from contracts awarded by other city or county governmental agencies, other district school boards, community colleges, federal agencies, the public or governmental agencies of any state, or from state university system cooperative bid contracts, when the Proposer awarded a contract by another entity defined herein will permit purchases by a district school board at the same terms, conditions, and prices (or below such prices) awarded in such contract, and such purchases are to the economic advantage of the district school board. 2.5.2 Purchases from Other Public Agencies (within Hillsborough County). In accordance with Laws of Florida, Chapters 69-1112 and 69-1119, any public agency or authority existing within Hillsborough County that may desire to purchase commodities and contractual services under a contract, entered into pursuant to law by any other political subdivision, such authority existing within Hillsborough County may purchase the commodities and contractual services at the contract price. Submission of a Proposal in response to this solicitation also constitutes a Bid under the same contract conditions and at the same contract price, during the effective period of the contract, to all the other public entities there listed (Governmental Purchasing Council of Hillsborough County). Each member of the Governmental Purchasing Council of Hillsborough County will issue their own purchase orders, issue payments, and coordinate the service locations with the Contractor, as applicable. The Hillsborough County Governmental Purchasing Council consists of the following agencies.  Children’s Board of Hillsborough  Hillsborough County Clerk of Courts  City of Plant City  Hillsborough County Property Appraiser  City of Tampa  Hillsborough County Sheriff  City of Tampa Housing Authority  Hillsborough County Supervisor of Elections  City of Temple Terrace  Hillsborough County Tax Collector  Hillsborough Area Regional Transit  Office of the State Attorney, Hillsborough County, FL  Hillsborough Community College  Tampa Hillsborough Expressway Authority  Hillsborough County Aviation Authority  Tampa Palms Community Development  Hillsborough County Board of County Commissioners  Tampa Sports Authority Hillsborough County Public Schools Page 10 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 2.5.3 Charter Schools. Commodities and Contractual services awarded under this contract shall be made available to Hillsborough County charter schools approved by the Board. The Board is not responsible or liable for purchases that may be made by charter schools. 2.6 CONTRACT TERMINATION & DEFAULT In accordance with Board Policy chapter 6320 - Procurement Procedures, Suspension or Debarment, the General Manager of Procurement Services may debar contractors for a defined period from bidding on or performing as a subcontractor on any HCPS contract. The suspended or debarred contractor may request removal from suspended or debarred status after the expiration of the suspension or debarment period. The General Manager of Procurement Services shall have the authority to suspend or debar any contractor for the following:  default on awarded contract; or  violation of contract terms and conditions without cure or remedy; or  default of any payment or other monies due to HCPS; or  conviction of fraud or criminal acts while performing as a contractor on any contracts, even those not associated or written by HCPS; or  consistent past performance record of habitual or continuous unsatisfactory performance, safety violations, failure to adhere to the Jessica Lunsford Act, as defined in the contract, repeated violations of any contract provisions, or delinquent performance by the Contractor; or  possession of firearms on HCPS property; or  violation of Federal or State law and any applicable HCPS policy regarding Drug-Free Workplace (will be subject to the immediate termination of any contract) 2.6.1 Termination for Convenience. HCPS shall have the right to terminate this contract, with or without cause, upon written notice of such termination provided not less than 30 days prior to the date that such termination is to be effective, or with such lesser notice as HCPS may deem appropriate under the circumstances. If HCPS elects to terminate this contract without cause, HCPS shall compensate the Contractor for all satisfactory commodities and contractual services provided prior to the date of termination. If a notice of termination is given, the Contractor agrees to abide and perform all covenants and provisions of this contract until the date of the termination specified in the written notice of termination. The Contractor shall have no further rights, and HCPS shall have no further obligation to the Contractor, after the date of termination of this contract as specified in the written notice. HCPS may discontinue the provision of commodities and contractual services to any HCPS site as it deems necessary, that portion of the contract shall be void for the said site. 2.6.2 Non-Appropriation of Funds (Funding Out). It is understood and agreed between the parties hereto that HCPS shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the contract. In the event funds are not appropriated and budgeted in any fiscal year for payments due under the contract, HCPS will notify the Contractor of such occurrence and the contract must terminate on the last day of the fiscal year for which appropriation(s) received, sans penalty or expense to HCPS. 2.6.3 Termination for Cause. HCPS will periodically inspect commodities and contractual services to ensure that the Contractor meets all requirements. HCPS reserves the right to terminate this contract for cause, which shall include without limitation the Contractor’s failure to comply with any provision of this contract. Prior to the district terminating a contract, the General Manager of Procurement Services or designee may initiate an internal review of the situation; HCPS may invite the Contractor to participate. If HCPS determines that grounds exist to declare the Contractor in default, the Superintendent or designee shall provide the Contractor written notice of default and termination, making specific reference to the provision(s) that gave rise to the breach. Inaction by HCPS to exercise its rights is not a waiver of such rights. HCPS may notify the Contractor as follows:  Initial Cure Notice. An initial notification will require the correction of any discrepancies, inconsistencies, or items not meeting the specifications contained herein at no additional cost to HCPS. Within ten (10) days upon receipt of notice, or as mutually agreed, the Contractor must provide a written response describing the Contractor’s steps to correct the noted deficiencies. Hillsborough County Public Schools Page 11 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts  Second Notice. A second discrepancy notification shall serve, upon receipt, as notification of immediate termination due to the discrepancies, inconsistencies, or commodities or contractual services not meeting specifications contained herein and the Contractor shall cease with the provision of commodities and contractual services. In such event, HCPS shall pay the Contractor only for satisfactory commodities and contractual services. The Contractor and its sureties may be liable to HCPS for any additional HCPS-incurred costs to complete the job and repair of damages to the site and shall be deemed a breach of contract, subject to termination, and shall be a factor during the evaluation of future HCPS solicitations. o If Performance Security Was Required. HCPS may elect to execute the performance security as liquidated damages. o If Performance Security Was Not Required. The Contractor shall pay HCPS, as liquidated damages, an amount not to exceed five (5%) percent of the total estimated value of the item(s) in question. If the proposed pricing is a lump sum amount then the amount due is five (5%), percent of the remaining value of the contract. The Contractor’s failure to pay the liquidated damages within thirty (30) days after notification that liquidated damages are due, shall lose eligibility to transact business with HCPS for a period of not less than one (1) year, but no more than two (2) years after the date of the default, as determined by the General Manager of Procurement Services. Thereafter, the Contractor may request reinstatement to the Active Bidders List. HCPS reserves the right, upon contract cancellation, to award the contract to the next highest rated Proposal for the unexpired contract term or publish a new competitive solicitation. 2.6.4 Force Majeure. No default, delay, or failure to perform on the part of the either party will be considered a default, delay, or failure to perform otherwise chargeable, hereunder, if such default, delay, or failure to perform is due to causes beyond either party’s reasonable control including, but not limited to, strikes, lockouts, or inactions of governmental authorities; pandemics; epidemics; acts of terrorism; war; embargoes; fire; earthquake; acts of God; or default of common carrier. In the event of such default, delay, or failure to perform, any date or times by which either party is otherwise scheduled to perform will be extended automatically for a period equal in duration to the time lost by reason of the excused default, delay, or failure to perform. 2.7 CONTRACTOR’S OBLIGATIONS The Contractor shall keep HCPS fully informed as to the progress of the provision of commodities and contractual services. The Contractor may do so not only through regularly issued progress reports, cost reports, and minutes, but also through close liaison between such designated HCPS personnel. The Contractor shall submit to HCPS minutes of any meetings attended by the Contractor and HCPS relating to the commodities and contractual services within (10) business days following such meetings. 2.7.1 HCPS Procurement Policy (6320). HCPS Procurement Policy (www.sdhc.k12.fl.us/policymanual/) is incorporated into this solicitation (and, therefore, any contract awarded as the result of this solicitation) by reference. HCPS Procurement Policy binds the Contractor, by participation in this solicitation, in any issue or action related to this solicitation or subsequent contract resulting from this solicitation. 2.7.2 Subcontractors. The Contractor is responsible for performance and meeting all specifications and for the performance of any subcontractor used in conjunction with an award hereunder. The Proposer must disclose the name(s) of any sub-contractor(s) used to satisfy performance herein and ensure that the subcontractor(s) are qualified, insured, and that subcontractor’s employees meet all requirements set forth herein. 2.7.3 Assignment. The Contractor, whether under separate contract or not, shall not assign any part or whole of this contract to another party, subcontractor, or company nor shall they assign any money due or to become due to him hereunder, without the previous written consent of HCPS. HCPS may transfer this contract to any successor performing the same functions. The parties acknowledge that HCPS may transfer any or all its interest in this contract to any successor of HCPS. 2.7.4 Licenses & Taxes. The Contractor shall remain compliant with all federal, state, and local regulations as to licenses, permits, and tax obligations required for the operation of the Contractor’s business activities. 2.7.5 Bid Cost. All expenses involved with the preparation and submission of the Proposal to HCPS, or any services performed in connection therewith, shall be borne by the Proposer. HCPS shall not provide payment for any submittals Hillsborough County Public Schools Page 12 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts received, or for any other effort required of or made, or expenses incurred by the Proposer. 2.8 ACCOUNTING & INVOICING In accordance with the Florida Prompt Payment Act (ss. 218.70218.80). Invoice payment is Net 45 days from the date of delivery or the receipt of satisfactory invoice, whichever occurs last, unless invoices specify early payment discounts. All payments due and not made within the time specified by this section bear interest from thirty (30) days after the due date at the rate of one (1%) percent per month on the unpaid balance. 2.8.1 Purchase Order (PO) Number. All accounting and invoicing correspondence must reference an HCPS PO number. HCPS may generate Individual purchases via blanket or multiple POs against the contract as item(s) are required. 2.8.2 Offered Prices. All pricing shall be based on FOB Destination and will include all packaging, handling, and shipping charges. HCPS is exempt and does not pay Federal Excise and State of Florida sales taxes. 2.8.3 Invoice Submittal. The Contractor shall submit an original invoice to the HCPS Accounts Payable Department. P.O. Box 3408, Tampa, Florida, 33601-3408. Per s. 287.058(1)(a), F.S.: bills for fees or other compensation for services or expenses shall be submitted with enough detail for a proper pre-audit and post-audit thereof. 2.8.4 “Duplicate” or “Copy” Invoice. All service contracts require a duplicate invoice, identified as a “duplicate” or “copy” to the ordering department or designated project leader. 2.8.5 Payment Assignment. Any PO or contract issued pursuant to an award hereunder, and the monies that may become due are not assignable except with prior written approval by HCPS Procurement Services. 2.8.6 Request for Payment. The Contractor, unless under mutual written contract, shall provide invoices that will include all scheduled services, products purchased, and services completed during the previous 1-month period. The Contractor represents and agrees that information submitted in support of its requests for payment is the basis of payment and is true and accurate to the best knowledge of the responsible signatory. A violation of this provision shall subject the violator to the provisions of s. 68.082, F.S., pertaining to false claims against the State, and s. 837.06, F.S., pertaining to false official statements. 2.8.7 Excess Funds. A Contractor who receives funds paid by HCPS under this contract agrees to promptly notify HCPS of any funds erroneously received from HCPS upon discovery of erroneous payment or overpayment. The excess funds must be refunded to HCPS with interest calculated from the date of the erroneous payment or overpayment. Interest shall be calculated using the interest rate for judgments under s. 55.03, F.S., applicable at the time the erroneous payment or overpayment was made by HCPS. 2.8.8 Stop Work Order. HCPS may at any time by written notice to the Contractor stop all or any part of the contractual services for this solicitation. Upon receiving such notice, the Contractor will take all reasonable steps to minimize additional costs during the period of work stoppage. HCPS may subsequently either cancel the stop work order resulting in an equitable adjustment in the delivery schedule and the price or terminate the work in accordance with the provisions of the solicitation terms and conditions. 2.8.9 Deliveries. HCPS shall provide payment for deliveries on a per order basis and delivery shall be to any point within Hillsborough County, Florida to a secure area or inside delivery, as requested by the school site. 2.8.10 Travel Expenses. Per s. 287.058(1)(b), F.S.: bills for HCPS-approved travel expenses will be reimbursed only if expressly authorized by the contract terms. Bills for any travel expenses shall be submitted in accordance with s. 112.061, F.S. 2.8.11 Right to Audit Provisions. The Contractor’s records shall include, but not be limited to, accounting records, payroll time sheets, audited and unaudited financial statements to substantiate payment rates and income, written policies and procedures, subcontractor’s files and any other supporting evidence necessary to substantiate payments and income related to this contract (records) shall be open to inspection and subject to audit and reproduction, during normal working hours, by an HCPS authorized representative to adequately permit evaluation and verification of any invoices, payments, or claims submitted by the Contractor or any of his/her payees pursuant to the execution of the contract. Such records subject to examination shall also include, but not be limited to, those records necessary to evaluate and verify payments and any other matters or items associated with this contract. For such audits, inspections, examinations, and evaluations, the HCPS authorized representative shall have access to the Hillsborough County Public Schools Page 13 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts records from the effective date of this contract, for the duration of the work, and until five (5) years after the date of the Contractor’s final payment pursuant to this contract. All payments which cannot be documented as paid as required by the contract and found not to follow the provisions of this contract, shall be reimbursed to HCPS. The HCPS agent or its authorized representative shall have access to the Contractor’s facilities, all necessary records, and shall be provided adequate and appropriate workspace to conduct audits in compliance with this section. The HCPS authorized representative shall give the Contractor reasonable notice of intended audits. The Contractor shall certify that payments are accurate and correct on each payment. If an audit reveals a discrepancy, such as an over payment, the Contractor must reimburse HCPS for the discrepancy with a minimum of 18% per annum interest. If an audit inspection or examination in accordance with this article, discloses overpayments (of any nature) by HCPS to the Contractor of more than 10% of the total payments, the actual cost of HCPS’s audit shall be paid by the Contractor in addition to the overpayments by HCPS. 2.9 CONFLICT OF INTEREST The award made pursuant to this solicitation is subject to the provisions of ss. 112.313(3), 112.313(7), Part III Code of Ethics, F.S., and Board Policy 6460.01 – Conflict of Interest. Employees shall not engage in or have a financial interest, directly or indirectly, in any activity that conflicts or raises a reasonable question of conflict with their duties and responsibilities in the school system. Employees shall not engage in business, private practice of their profession, the rendering of services, or the sale of goods of any type where advantage is taken of any professional relationship they may have with any student, client, or parents of students, or clients during their employment with HCPS. Employees shall not make use of materials, equipment, or facilities of the District in private practice. Examples would be the use of facilities before, during, or after regular business hours for service to private practice clients, or the checking out of items from an instructional materials center for private practice. HCPS shall not enter into a contract knowingly with any supplier of materials, supplies, and services to HCPS that any Board member or the Superintendent has any material interest. This prohibition shall not prevent any person from receiving royalties upon the sale of any educational material of which she/he is the author, and which has been properly approved for use in HCPS’ schools. Any employee who knowingly is in a capacity to influence, approve, or cause the purchase of any item to the Board that can render him/her, or an immediate relative personal gain must immediately disclose that fact. Any violation of these policies by an HCPS employee shall be subject to disciplinary actions up to and including termination of employment. Personnel Qualifications/Behavior. The Contractor will provide a written list of, and qualifications, of new or additional people working under the Contract for approval prior to the provision of commodities and contractual services under this Contract. Personnel Appearance & Conduct. The Contractor’s staff members are to present a professional appearance Personnel shall be neat, clean, well groomed, if applicable properly uniformed, and conduct themselves in a respectable and courteous manner. 2.9.1 Uniforms. If applicable, employees shall wear a recognizable uniform, no hats indoors. Each employee, performing services for HCPS, must carry a government issued picture ID and be presented upon request while on HCPS property. 2.9.2 Tobacco Products. Use of tobacco products must be in designated areas. 2.9.3 Disruptive Behavior. The Contractor’s personnel shall not play loud music, make unnecessary noises, or use language that causes offense to others. 2.9.4 Site Security. The Contractor’s personnel must coordinate with the site's front office or security personnel and shall be properly identified and must sign-in and sign-out when working or making deliveries during operational hours. All personnel must remain in the assigned work area. 2.9.5 Contractor’s Tools and Equipment. The Contractor is solely responsible for safeguarding its own materials, tools, and equipment while at an HCPS site. HCPS shall not assume any responsibility for vandalism or theft of the Contractor’s materials or property. Hillsborough County Public Schools Page 14 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 2.9.6 Firearms & Narcotics. HCPS will not tolerate the possession of firearms and narcotics while on HCPS property; nor violations of Federal and State laws and any applicable HCPS policy regarding Drug Free Workplace. Violators will be subject to the immediate termination of any contract resulting from this solicitation.  “Firearm” shall mean any weapon (including a starter gun or antique firearm) which can, is designed to, or may readily, be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any destructive device; or any machine gun.  No person who has a firearm in their vehicle may park their vehicle on HCPS property.  If any employee of a Contractor or its subcontractor brings a firearm on HCPS property, the Contractor or subcontractor will terminate said employee from the HCPS contract. HCPS shall terminate the contract if Contractor or its subcontractor fails to remove said employee from this Contract. 2.10 HAZARDOUS MATERIALS THIS SECTION APPLIES TO ALL VENDORS WHOSE COMMODITIES OR CONTRACTUAL SERVICES ENABLE OR REQUIRE THE PROVISION OR USE OF HAZARDOUS MATERIALS.  The HCPS Safety (Safety Office) Office will monitor and enforce compliance by all contractors and sub- contractors that provide HCPS with commodities and contractual services. It is HCPS intent that all contractors and sub-contractors shall at no time cause unsafe conditions or acts that may affect the safety and health of students, employees, or visitors to HCPS operations.  HCPS may require the Contractor to supply a written copy of their Safety Program/Manual for review after contract award and may conduct periodic review of the Contractor's safety manual and operations.  Contractors and their employees, including sub-contractors, performing work under the terms of this contract will follow safe working practices always, as well as comply with all Federal, State, Local, and HCPS safety policies and procedures, including the operation of vehicles and equipment on HCPS-owned property.  The Contractor must report any accident, injury, or incident occurring on HCPS property to the District Safety Office. 2.10.1 Safety Data Sheets (SDS). In compliance with Chapter 442, Florida Statutes, any item delivered or used when providing services under this contract must have a published SDS. 2.10.2 The Hazard Communication Standard (HCS) (29 CFR 1910.1200(g)). The HCS, revised in 2012, requires that the chemical manufacturer, distributor, or importer provide Safety Data Sheets (SDS) (formerly MSDS or Material Safety Data Sheets) for each hazardous chemical to downstream users to communicate information on these hazards. The information contained in the SDS is largely the same as the MSDS, except now the SDS is required in a consistent user friendly, 16-section format. The SDS includes information such as the properties of each chemical; the physical, health, and environmental health hazards; protective measures; and safety precautions for handling, storing, and transporting the chemical. The information contained in the SDS must be in English and Spanish. In addition, OSHA requires that SDS preparers provide specific minimum information as detailed in Appendix D of 29 CFR 1910.1200. Sections 1 through 8 contain general information about the chemical, identification, hazards, composition, safe handling practices, and emergency control measures (e.g., firefighting). This information should be helpful to those that need to get the information quickly. Sections 9 through 11 and 16 contain other technical and scientific information, such as physical and chemical properties, stability and reactivity information, toxicological information, exposure control information, and other information including the date of preparation or last revision. The SDS must state the lack of applicable information found when the preparer does not find relevant information for any required element. The SDS must also contain Sections 12 through 15, to be consistent with the UN Globally Harmonized System of Classification and Labeling of Chemicals (GHS), but OSHA will not enforce the content of these sections because they concern matters handled by other agencies. Each SDS Must be written in English and Spanish; and include information regarding the specific chemical identity of the hazardous chemical(s) involved and the common names. Information must be provided regarding:  the physical and chemical characteristics of the hazardous chemical; and  known acute and chronic health effects and related health information; and Hillsborough County Public Schools Page 15 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts  exposure limits; and  whether the chemical is a carcinogen as identified by the National Toxicology Program (NTP), International Agency for Research on Cancer (IARC) or the Occupational Safety and Health Administration (OSHA), emergency first aid procedures; and  the identification of the organization responsible for preparing the SDS. 2.10.3 Hazardous Material. The Safety Office defines Hazardous Material as, "Any material or substance for which there is sufficient data to indicate a reasonable risk to physical and environmental health." These substances, classified as poisonous, toxic, corrosive and flammable, explosive, radioactive, or otherwise have any warning on the product label. The Contractor must:  provide current and legible SDS to the Safety Office for each hazardous material they may use at an HCPS site at least five (5) working days prior to use; and  provide its safety plan (precautions needed by the Contractor's employees); and  maintain a copy of the approved SDS at the job location. After review by the Safety Office, HCPS may provide the Contractor a stamped SDS, as approved, approved with or without restrictions, or not approved. 2.10.4 Approval of Hazardous Materials. Prior to the Contractor’s use, the Safety Office must approve all hazardous materials. The Contractor must submit all requests for product approval to the Safety Office, at 4224 W. Crest Avenue, Tampa, Florida 33614. Telephone (813) 872-5263, Facsimile (813) 356-1471. The Contractor using the product must follow any identified restrictions. The Contractor’s use of any product at an HCPS site must be in accordance with the manufacturer's instructions and applicable HCPS Policies. Sites where no students or employees are present do not require approval, provided the materials are not within 250 feet of sites with students or employees. All Federal, State, and Local regulations shall apply. 2.10.5 Contractor’s Use of Product. Product approval for use by HCPS employees does not constitute an automatic approval for use by the Contractor for all applications. The Safety Office must specifically approve each product used by the Contractor and must be specifically approved for each HCPS assignment. 2.10.6 HCPS Employee Use of Products. The Contractor (prior to use by HCPS employees) must submit the approved SDS to the HCPS supervisor and ensure filing of the SDS in the worksite’s SDS Book (even if approved for use by the Contractor). 2.10.7 Rejection of Hazardous Materials. HCPS may ban certain products for use in HCPS to prevent any incidence of exposure to students or employees. HCPS may apply restrictions to the use of certain materials to reduce or eliminate the incidence of exposure. 2.10.8 Product Removal. The Contractor is responsible for removal of all materials used on projects immediately upon completion. The Contractor must list all materials left for HCPS use on a manifest identifying the container type, amount, and where located. The HCPS employee that originated the service or contract shall sign the manifest and deliver to the District Safety Office. 2.10.9 Hazard Notification-Asbestos Containing Materials (ACM) and Lead Based Paint (LBP). ACM and LBP are present in many HCPS buildings. The presence of ACM and LBP does not necessarily mean that a hazard exists; however, it may be hazardous to disturb ACM and LBP. The Contractor must contact the Safety Office prior to commence any work that may affect ACM or LBP materials. 2.10.10 Unsafe Conditions. The Contractor will:  perform work under the terms of this contract will follow the best environmental working practices always; and  not cause any unsafe conditions or perform acts that could have an impact on the safety and health of students, employees, or visitors to HCPS operations; and  comply with all Federal, State, Local, and HCPS environmental policies and procedures; and Hillsborough County Public Schools Page 16 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts  supply, upon request, a written copy of its Environmental Program/Manual for review after contract award (HCPS may periodically review the Contractor's environmental manual and operations); and  be responsible for removal and clean-up of all contamination (or potential contamination) upon occurrence or when identified by the Safety Office; and  immediately report all incidents to the Safety Office. 2.11 INDEMNIFICATION The Contractor agrees to indemnify, hold harmless, and defend HCPS, its agents, servants, and employees servants, and employees from any and all claims, judgments, costs, and expenses including, but not limited to, reasonable attorney’s fees, reasonable investigative and discovery costs, court costs, and all other sums which HCPS, its agents, servants, and employees may pay or become obligated to pay on account of any, all and every claim or demand, or assertion of liability, or any claim or action founded thereon, arising or alleged to have arisen out of the commodities and contractual services furnished by the Contractor, its agents, servants, or employees; the Contractor’s equipment, its agents, servants, or employees while such equipment is on premises owned or controlled by HCPS; or the negligence of the Contractor or the negligence of Contractor's agents when acting within the scope of their employment, whether such claims, judgements, costs, and expenses be for damages, damage to property including HCPS’s property, and injury or death of any person whether employed by the Contractor, HCPS or otherwise. Indemnification (Copyright Infringement). The Contractor shall defend, indemnify, and hold HCPS and its successors and assigns harmless from and against all third-party claims, suits and proceedings, and any and all damages, liabilities, costs and expenses (including reasonable attorneys’ fees and court costs) incurred as a result of (i) infringement by the Contractor of any third-party patent, copyright or trademark, or (ii) misappropriation by the Contractor of any third party trade secret in connection with any of the foregoing. 2.11.1 The Patient Protection and Affordable Care Act. The Contractor agrees that it will offer Minimum Essential Coverage, as that term is defined in the Patient Protection and Affordable Care Act (PPACA) and related regulations, to any agents, servants, employees, assigns, independent contractors, or anyone else retained by the Contractor for the performance of the Contractor’s obligations under this Agreement who spends more than 30 hours per week on average performing services for HCPS. Except as expressly provided herein, the Contractor agrees to assume complete responsibility and liability and indemnify HCPS for any fines, penalties, taxes, excise taxes or other amounts incurred by HCPS related to agents, servants, employees, assigns, independent contractors, or anyone else retained by the Contractor for the performance of the Contractor’s obligations under this Agreement. This includes any fines, penalties, taxes, excise taxes, or other amounts incurred by HCPS based on the Contractor’s failure to comply with requirements under the PPACA including any failure to offer PPACA compliant minimum essential coverage that is affordable and provides minimum value to any agents, servants, employees, assigns, independent contractors, or anyone else retained by the Contractor for the performance of the Contractor’s obligations under this Agreement. 2.11.2 No Waiver of Sovereign Immunity. Nothing herein contained shall be deemed or construed as a waiver of sovereign immunity as provided by § 768.28, Florida Statutes, by any agency or political subdivision to which sovereign immunity may be applicable. HCPS shall not be liable to pay a claim or a judgment by any one person which exceeds the sum of $200,000 or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by HCPS arising out of the same incident or occurrence, exceeds the sum of $300,000. Nothing herein shall be construed as consent by HCPS to be sued by third parties in any matter arising out of this Agreement. 2.11.3 Independent Contractor. HCPS engages the Contractor as an independent business. The Contractor agrees to provide the commodities and contractual services in the manner of and as an independent contractor. In accordance with the status of an independent contractor the Contractor covenants and agrees that the Contractor will conduct itself consistent with such status, that the Contractor will neither hold HCPS as, nor claim to be an officer or employee of HCPS for any right or privilege applicable to an officer or employee of HCPS, including, but not limited to workers’ compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credit. [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 17 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 2.12 WARRANTY The Contractor warrants that provided commodities and contractual services supplied hereunder will be of good workmanship and of proper materials, free from defects and in accordance with specifications. If the Contractor knows of the purchaser’s intended use, the Contractor warrants that the commodities and contractual services are suitable for that intended use. Repeated failure to meet established inspection and repair timeframes below will be cause for default. The minimum warranty on product shall be one (1)-year. The Contractor shall warranty and guarantee all commodities and contractual services for a period of one (1)-year from the date of acceptance and shall repair or replace any and all defects in material or workmanship which are discovered or exist during the warranty period. The Contractor shall bear all labor, products, and transportation costs. Labor shall have a warranty of one (1)-year from the date of completion. Rework for incomplete, insufficient or failed work under a current warranty shall be at no cost to HCPS. A “No Charge” invoice shall be submitted on all warranty repairs detailing the any and all product replaced including dimensions and quantity in writing. The Contractor shall respond to all warranty requests within 24-hours of notification. Effective date on all warranties shall begin at time of complete installation and acceptance by HCPS. 2.13 INFORMATION TECHNOLOGY THIS SECTION APPLIES TO ALL CONTRACTORS WHOSE COMMODITIES OR CONTRACTUAL SERVICES ENABLE OR REQUIRE THE PROVISION THE CONTRACTOR’S ONLINE SOFTWARE SERVICES OR USE OF HCPS’ COMPUTER DATA. 2.13.1 Web Content Accessibility. If the online services will be used by:  students, parents, and the community: the Contractor supplying online services on behalf of HCPS must adhere to the Americans with Disabilities Act (ADA) and with Section 508 of the Rehabilitation Act of 1973. The Contractor will indemnify and defend HCPS from and against any and all losses, liabilities , and claims (including reasonable attorneys’ fees) arising out of any claims by a third party alleging that the online services provided by the Contractor do not adhere to the ADA or with Section 508 of the Rehabilitation Act of 1973.  HCPS Employees: the Contractor supplying online services on behalf of HCPS must adhere to the Americans with Disabilities Act (ADA) and with Section 508 of the Rehabilitation Act of 1973. 2.13.2 Data Re-Use. The Contractor agrees that any and all data exchanged shall be used expressly and solely for the purposes enumerated in this contract. The Contractor must not distribute, repurpose, or share across any other application, environment, or business unit. As required by Federal law, the Contractor further agrees that no HCPS data shall be revealed, transmitted, exchanged, or otherwise passed to other contractors or interested parties except as agreed, in writing, by HCPS’ Procurement Services or its General Manager of Information Technology. 2.13.3 Data Breach. The Contractor agrees to comply with § 501.171 the State of Florida Database Breach Notification process and all applicable laws that require the notification of individuals in the event of unauthorized release of personally identifiable information or other event requiring notification. In the event of a breach of any of the Contractor’s security obligations or other event requiring notification under applicable law (“Notification Event”), the Contractor agrees to notify HCPS immediately and assume responsibility for informing all such individuals in accordance with applicable law and to indemnify, hold harmless, and defend HCPS and its trustees, officers, and employees from and against any claims, damages, or other harm related to such Notification Event. 2.13.4 Data Storage and Backup. The Contractor agrees that any and all HCPS data will be stored, processed, and maintained solely on designated servers and that no HCPS data at any time will be processed on or transferred to any portable or laptop computing device or any portable storage medium, unless that storage medium is in use as part of the Contractor’s designated backup and recovery processes. All servers, storage, backups, and network paths utilized in the delivery of the service shall be contained within the states, districts, and territories of the United States unless specifically agreed to in writing by an HCPS officer with designated data, security, or signature authority. An appropriate officer with the necessary authority can be identified by HCPS’ General Manager of Information Technology for any general or specific case. The Contractor agrees to store all HCPS’ backup data stored as part of its backup and recovery Hillsborough County Public Schools Page 18 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts processes in encrypted form, using no less than 128-bit key. 2.13.5 End of Agreement Data Handling. The Contractor agrees that upon termination of this contract it shall return all data to HCPS in a useable electronic form, and erase, destroy, and render unreadable all HCPS data in its entirety in a manner that prevents its physical reconstruction through the use of commonly available file restoration utilities, and certify in writing that these actions have been completed within thirty (30) days of the termination of this contract or within seven (7) days of the request of an agent of HCPS, whichever shall come first. [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 19 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 3 BIDDER INSTRUCTIONS 3.1 VENDORLINK VendorLink (www.myvendorlink.com), HCPS’ primary vendor/supplier portal, is a web-based, vendor self-service solution that allows HCPS to collaborate with vendors in a secure, online environment 24×7. HCPS requires Bidders to have a current vendor application on file with www.myvendorlink.com. HCPS may rescind an award for failure to comply with this condition. Potential HCPS contractors must sign-up to register and receive electronic email notification of upcoming solicitations and addenda as they become available. When a solicitation matching those selections becomes available, the VendorLink system automatically sends an email notification to the email address provided during the registration process. The email notification contains the link and information necessary for the solicitation to be viewed and downloaded from any computer. Suppliers can view solicitations by selecting the Bid Solicitations link: www.myvendorlink.com/common/searchsolicitations.aspx. To receive automatic notifications, VendorLink requires all suppliers to be registered by completing the supplier registration process. A vendor with additional questions regarding this solicitation or a related document(s) may submit a written request for clarification to the solicitation at www.myvendorlink.com no later than the “last day to request additional information or clarification,” see coversheet. Any interpretation to a vendor shall be via written addenda posted on VendorLink prior to the bid due date. Any information that amends any portion of this solicitation, received by any method other than an addendum issued to the solicitation, is not binding on HCPS. Where there appears to be a conflict between the solicitation and any addenda issued, the last addendum issued will prevail. 3.2 PRE-BID MEETING If applicable, HCPS may conduct a Pre-Bid Meeting (attendance may be mandatory or voluntary, as required by HCPS) to explain the procurement requirements. HCPS will hold the Pre-Bid Meeting long enough after the issuance of the solicitation to allow vendors to familiarize themselves with the solicitation, but sufficiently before the due date to allow consideration of the meeting results in preparing their bid. Nothing stated at the Pre-Bid Meeting shall change the solicitation until addressed via an HCPS-issued addendum via www.myvendorlink.com. 3.3 BID SUBMITTAL HCPS WILL NOT ACCEPT PAPER (HARDCOPY) BIDS. The Bidder must transmit their Bid electronically through VendorLink at www.myvendorlink.com. Acceptable file formats for upload are Microsoft Excel (.xls or .xlsx), Adobe Portable Document (.pdf), or .ZIP file formats and printing must be enabled on all files submitted. If applicable, the price sheet is available electronically on VendorLink. 3.3.1 On-Time Submittal. The vendor is solely responsible for on-time bid submittal via VendorLink. The vendor must allow adequate time to upload their submittal on VendorLink and shall contact VendorLink’s technical support at support@evendorlink.com if technical difficulties arise during bid upload. HCPS shall not be responsible for delays caused in any occurrence and shall reject bids submitted via any other means. 3.3.2 Weather Closures. Should weather conditions require HCPS to close its offices on the Bid due date, said date will become effective on the same hour of the following HCPS business day or will post any additional extensions via www.myvendorlink.com. 3.3.3 Bid Withdrawal. The Bidder may not withdraw their bid for a period of 120 days after the due date unless otherwise specified. 3.3.4 Variance from Terms. The Bidder must indicate in the bid any variances from specifications, terms, and/or conditions regardless of how slight. HCPS will assume that the goods and services fully comply with the specifications, terms, and conditions herein. 3.3.5 Discrepancies. HCPS is not responsible for discrepancies or inconsistencies provided in the bid and may reject any bid it deems as non-responsive. 3.3.6 Forms. The Bidder, unless otherwise specified, must use the form(s) furnished by HCPS. Failure to do so may be cause for rejection of the bid. 3.3.7 Missing Attachments/Documents. The bid must include all required attachments and requested documentation. Hillsborough County Public Schools Page 20 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts HCPS will not review any Bid prior to the due date and time. HCPS cannot accept any missing documents after the due date unless HCPS deems the missing document as non-material to evaluation of the bid. The Bidder shall promptly provide said documents prior to School Board submittal and/or award. 3.3.8 Signatures. An officer or employee having the authority to contractually bind the vendor must sign the bid. 3.3.9 Trade Secret. The Bidder must submit all “trade secret” information, in response to this solicitation, in compliance with ss. 119.07 F.S., and 812.081 in a separate file and so titled. The Bidder’s failure to prepare and label the confidential or exempt portions of their bid in the manner specified in this section shall constitute a waiver by the Bidder of any applicable exemptions from disclosure or any confidential status including ones that may be applicable to trade secrets under Florida law. If challenged, the Bidder who submits the trade secret information shall bear all costs associated with defending their position. 3.3.10 Joint Bid. HCPS will recognize a single Bidder as the primary contractor, should multiple Bidders submit a joint bid in response to the solicitation. If offering a joint bid, the primary contractor must:  include the names and addresses of all parties of the joint bid; and  provide all bonding and insurance requirements, execute the contract, complete the bid, and have overall and complete accountability to resolve any dispute arising within the contract. Only a single contract with one Bidder shall be acceptable; and  be responsible for performance of services associated with response to this solicitation and overall contract administration; and  preside over other Bidders participating or present at HCPS meetings, oversee preparation of reports and presentations, and file any notice of protest and final protest as described herein; and  prepare and present consolidated invoice(s) for services performed. HCPS shall issue only one check for each consolidated invoice to the prime contractor for services performed. 3.3.11 Costs. All prices/costs/fees/charges offered herein shall be firm against any increase for the initial term of the contract, unless mutually agreed or as stated otherwise in this solicitation or addenda. The Contractor shall bear sole responsibility to notify Procurement Services no less than 60 days prior to any anticipated changes in prices. Any request for changes requires the submittal of bona-fide manufacturer's documents, including but not limited to Producer Price Index information, Consumer Price Index for the affected market, industry, goods, and/or manufacturer’s price list for evaluation by HCPS. HCPS reserves the right to accept or reject within thirty (30) days after the request for a price change. HCPS will cease orders for items rejected for price change. If HCPS approves the requested price change, the price will remain firm for at least one (1) year or as stated in a written mutually signed renewal letter. 3.3.12 Favored Nation Clause. The Contractor agrees, based on comparable size and quantity, that the Contractor is providing HCPS the same or better pricing than other organizations and governmental agencies. If during the term of this agreement, HCPS identifies better pricing for the same item, the Contractor agrees to offer HCPS the reduced price. 3.3.13 Prompt Payment Discount. The Bidder may offer a cash discount for prompt payment. However, HCPS shall not consider such discounts in determining the lowest net cost for proposal evaluation purposes. HCPS shall compute discounts from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. 3.3.14 Additional Charges and Fees. The Bidder must provide all additional charges such as installation, shipping, insurance, normal service consumables, shop supplies, environmental fees, administration fees, etc. in the Bid. HCPS will not be responsible for any type of miscellaneous surcharges or fees. Post award, the Contractor may not add any additional fees to the order including, but not limited to, special handling charges, hazardous materials fees, fuel surcharges, etc. after award without written HCPS approval. 3.3.15 Orders for Goods. The Bidder shall adhere to the following:  Delivered Cost. Delivered costs shall be included in your Bid. Unit pricing shall be inclusive of inside delivery.  FOB Destination. Offered prices for all items shall be F.O.B. Destination and include all shipping charges to all HCPS locations. Hillsborough County Public Schools Page 21 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts  Unit Of Measure. Unit of measure should be as stated on the Bid Response Form/Pricing Sheet.  Minimum Order. HCPS assumes that it will purchase goods on either the smallest unit of measure or as stated in the solicitation. A Bidder’s minimum order requirement exceeding the stated unit of measure is cause for rejection of the Bid as non-responsive.  Stated Quantities. HCPS may provide stated quantities and amounts for the Bidder’s guidance only and does not guarantee quantities utilized during the agreement period. HCPS may base quantities and amounts on historical or projected needs for a specified period.  Bid Only/Or Equal. Specifications in this solicitation may reference specific manufacturers’ products and list their model or part numbers, followed by the words “or equal,” or “approved brands.” Unless the words “only” or “No Substitutes” is used in place of “or equal,” these references are intended to establish a quality and performance standard only. Anything listed, herein, of a proprietary nature is without express knowledge or intent to exclude other manufacturers’ products from consideration.  Return of Goods. All goods returned for any reason other than the Contractor’s error, misrepresentation of specifications, or due to defect may be subject to return freight charges, negotiable between HCPS and the Contractor. HCPS agrees to return goods in the original factory sealed packaging, when possible. The Contractor must provide a return merchandise authorization (RMA) without requiring a purchase order or credit card. If applicable, the Contractor shall ship replacement goods prior to receipt of returned merchandise. 3.3.16 Service Contracts. The Contractor shall adhere to the following:  Rental Equipment. HCPS will reimburse for labor and equipment rental costs in quarter (1/4)-hour increments (when and where applicable and if pre-approved in writing). HCPS will reject Invoices for non-pre-approved rental equipment or "tools of trade." Detailed cost sheets for each project denoting equipment, labor, disposal fees, etc. must accompany invoices. The Contractor must provide the HCPS representative the request for payment no less than ten (10) working days prior to the deadline for submission of the request for payment date.  Materials Markup. The Bidder may only charge a maximum price of cost-plus ten percent (10%) for materials. The parties shall approve cost-plus pricing for unspecified miscellaneous items “balance of line” or “catalog items.” Offered discounts will remain firm for the contract term. The Contractor must provide supporting documentation for said items. The Contractor shall limit this approach to unforeseen goods and services, which should account for a small percentage of purchases for this agreement. HCPS may request additional evidence to identify reasonable charges.  Materials. HCPS will pay only for actual quantity of materials installed for repairs.  Premium Or Weekend Rates. HCPS will not pay any premium for weekends or holidays unless approved in writing prior to the provisions of services.  Travel Time/Call Out Fees. HCPS will not pay for call-out fees or travel time to and from the work site or any travel made during lunch breaks.  Quote Fees. HCPS will not pay for quotes, estimates, or estimator fees.  Minor Consumables. The submitted rates shall be inclusive of minor consumables. HCPS will not provide separate payment for these items. Minor consumables or items listed under the hourly rate are NOT eligible for reimbursement or percentage markup. The cost for these items will be inclusive to the submitted hourly rates. Any discounts offered with the Bid will remain firm for the term of the agreement. 3.4 NOTICE OF INTENT HCPS will post a Notice of Intent to Award/Rejection to enter into one or more agreements with Bidder(s) identified therein, on www.myvendorlink.com. A notice of intent to award under this solicitation shall not constitute or form any agreement between HCPS and a Bidder. Hillsborough County Public Schools Page 22 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 3.5 CONTRACT This solicitation, all related addenda, and the submitted bid, upon award by the School Board or approved by HCPS shall constitute a legally binding agreement (the “Agreement”). The Contractor shall not provide goods and services nor shall HCPS compensate a Contractor for said goods and services until the Contractor has submitted the required insurance certificate, met Jessica Lunsford Act compliance (if applicable), and is in receipt of an HCPS award letter and related purchase order. [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 23 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4 SPECIAL CONDITIONS 4.1 CONTACT INFORMATION & CERTIFICATION The Bidder must supply the information listed below for consideration. In case of dispute or if further clarification becomes necessary, please indicate your representative’s contact information. The General Manager of Procurement Services shall serve as the HCPS representative. LOCAL CONTACT INFORMATION Account Representative Name Title Local Address Phone Number Cell Phone Number Email Address Fax Number X Signature of Owner or Authorized Officer CORPORATE INFORMATION Representative's Name Telephone Number Company Name Principal Place of Business Address Remit-To Address (if different from above) ☐ Corporation ☐ Sole Proprietor/Partnership ☐ Limited Liability Corp. FEIN or SS# ________________________________ ☐ Other. ______________________________________ Preferred method to receive purchase order. ☐ US Mail ☐ Fax ☐ Yes ☐ No. Is vendor Workers’ Compensation Exempt? If Yes, attach proof of exemption ☐ Yes ☐ No. Is your company registered as an SBE with the HCPS Office of Supplier Diversity? ☐ Yes ☐ No. Is your company M/SBE certified with any of the following agencies? - City of Tampa: www.tampagov.net/minority-business-development - FL. Statewide & Inter-Local Certification: www.tampagov.net/minority-business-development - Hillsborough County: www.hillsboroughcounty.org/en/businesses/doing-business-with-hillsborough/minorities-and- women - Florida State Minority Supplier Development Council: www.fsmsdc.org/mbe.php#new-app - City of St. Petersburg: www.stpete.org/assistance/small_business_enterprise_program.php Hillsborough County Public Schools Page 24 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.2 SUBSTITUTE W-9 AND VENDOR INFORMATION FORM To conform to IRS regulations for Form 1099 reporting, HCPS must have a Federal Tax Identification Number or Social Security Number in our files for ALL VENDORS and INDIVIDUALS receiving payments from HCPS; therefore, we request that you provide the following information. Notwithstanding, all inquiries regarding Ethnicity, Race, Gender or Business Certification/Designation are of a purely voluntary nature. ☐ New Request ☐ Change ☐ Name ☐ Tax ID ☐ Remit Address ☐ Other Entity Designation (check only one type) ☐ Individual/Sole Proprietorship ☐ Partnership, ☐ C Corporation ☐ S Corporation ☐ Limited Liability Company – Individual ☐ Limited Liability Company – Partnership ☐ Limited Liability Company – Corporation ☐ Government Entity ☐ Estate / Trust ☐ Organization Exempt from Tax – Nonprofit (under Section 501 (a)(b)(c)(d)) Exemption (See Instructions) ☐ Exempt payee code (if any) ☐ Exemption from FATCA Reporting Code (if any) Legal Name (as shown on your income tax return) ______________________________________________________ Business Name, if different from above (use if doing business as (DBA) or enter business name of Sole Proprietorship) ______________________________________________________ Primary Address (for purchase orders) PO Box or Number and Street, City, State, Zip + 4 ______________________________________________________ ______________________________________________________ ______________________________________________________ Remittance/Accounts Receivable Information (if different from above) PO Box or Number and Street, City, State, Zip + 4 ______________________________________________________ Contact Name, Phone, Email (accounts receivable) ______________________________________________________ ______________________________________________________ ______________________________________________________ Services Provided ☐ Medical ☐ Legal HCPS is committed to doing business with contractors, vendors and other suppliers who reflect the great diversity of our community. We encourage Small Business Enterprises to register with our Office of Supplier Diversity, (813) 635-1240. Please complete the following information: ______________________________________________________ Taxpayer Identification Number (TIN) Provide Only One (If sole proprietorship, provide EIN, if applicable) ______________________________________________________ Social Security Number (SSN) or Employer Identification Number (EIN) NOTE: Our standard payment terms are 45 days net. Would you like to discuss “pay upon approval” terms? ☐ Yes ☐ No Accepted Payment Types ☐ Check ☐ Visa ☐ ACH Service-Disabled Veteran ☐ Yes ☐ No Small/Small Local Business Enterprise ☐ Yes ☐ No Minority Classification ☐ African American, ☐ Asian American ☐ Caucasian Female, ☐ Hispanic American ☐ Native American Certification: The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding. Under penalties of perjury, I certify that: The number shown on this form is my correct taxpayer identification number, and I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and I am a U.S. citizen or other U.S. person (including a U.S. resident alien), and The FATCA code(s) entered on this form (if any) indicating I am exempt from FATCA reporting is correct. Majority Owner’s Gender ☐ Female ☐ Male Certified/Registered Agency (select most recent approval) ☐ FSMSDC (Florida State Minority Supplier Development Council) ☐ WBENC (Women’s Business Enterprise National Council) ☐ City of Tampa, ☐ Hillsborough County ☐ State of Florida, ☐ Other Printed Name Title Telephone Number X Signature Date Email Address Hillsborough County Public Schools Page 25 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.3 BIDDER’S STATEMENT OF PRINCIPAL PLACE OF BUSINESS ☐ If box is checked. Name of Vendor: _______________________________ whose principal place of business is in the state of: ___________________________________________ Vendor’s Signature: X___________________________________________________ INSTRUCTIONS. IF your principal place of business above is located within the State of Florida, provide the information as indicated above and return this form with your bid response. No further action is required. IF your principal place of business is outside of the State of Florida, the following must be completed by an attorney and returned with your bid response. Failure to comply shall be considered to be non-responsive to the terms of this solicitation. OPINION OF OUT-OF-STATE BIDDER’S ATTORNEY ON BIDDING PREFERENCES (To be completed by the Attorney for an Out-of-State Vendor) NOTICE. Section 287.084(2), Florida Statutes, provides that “a vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state [or political subdivision thereof] to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.” See also. Section 287.084(1), Florida Statutes. LEGAL OPINION ABOUT STATE BIDDING PREFERENCES (Please Select One)  The Vendor’s principal place of business is in the State of _____________________________ and it is my legal opinion that the laws of that state do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that state.  The Vendor’s principal place of business is in the State of _________________________________ and it is my legal opinion that the laws of that state grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that state: [Please describe applicable preference(s) and identify applicable state law(s)]: ____________________________________________________ LEGAL OPINION ABOUT POLITICAL SUBDIVISION BIDDING PREFERENCES (Please Select One)  The Vendor’s principal place of business is in the political subdivision of ___________________________________ and it is my legal opinion that the laws of that political subdivision do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision.  The Vendor’s principal place of business is in the political subdivision of _______________________________ and it is my legal opinion that the laws of that political subdivision grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision: [Please describe applicable preference(s) and identify applicable authority granting the preference(s)]: ___________________________. Signature of out-of-state Bidder’s attorney Printed name of out of state Bidder’s attorney Attorney’s state(s) of bar admission. Telephone number of out of state Bidder’s attorney. Email of out of state Bidders’ attorney Hillsborough County Public Schools Page 26 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.4 STATEMENT OF QUALIFICATIONS Please provide written responses to the following questions. If the answer to any of the questions is “Yes,” the Proposer shall describe fully the circumstances, reasons therefore, the current status, and ultimate disposition of each matter that is the subject of this inquiry. If additional space is needed for any question, please attach to this document. Has Proposer been declared in default of any contract? ☐ Yes ☐ No Has Bidder forfeited any payment of performance bond issued by a surety company on any contract? ☐ Yes ☐ No Has an uncompleted contract been assigned by Bidder’s surety company on any payment of performance bond issued to Bidder arising from its failure to fully discharge all contractual obligations there under? ☐ Yes ☐ No Within the past three (3) years, has Bidder filed for reorganization, protection from creditors, or dissolution under the bankruptcy statutes? ☐ Yes ☐ No Is Bidder now the subject of any litigation in which an adverse decision might result in a material change in the firm’s financial position or future viability? ☐ Yes ☐ No Is Bidder currently involved in any state of a fact-finding, negotiations, or resistance to a merger, friendly acquisition, or hostile take-over, either as a target or as a pursuer? ☐ Yes ☐ No License Sanctions: List any regulatory or license agency sanctions. HCPS may perform a background check on any Bidder with all state and regulatory agencies. ☐ Yes ☐ No X Signature Title Print Name Date [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 27 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.5 PAYMENT OPTIONS ☐ P-Card If box is checked, HCPS personnel may choose to use a P-card in place of a PO to make purchases from this solicitation. Unless exception is communicated to HCPS, the Contractor, by submitting a bid, agrees to accept the P-card as an acceptable form of payment and may not add additional service fees or handling charges to purchases made with the P-card. Refusal to accept this condition may cause your bid to be declared as non-responsive. I accept the Purchasing Card conditions stated in this solicitation. If yes, please check the level of reporting your firm offers its customers who utilize the P-Card: Level Date Supplier Transaction Amount Sales Tax Customer-Defined Code Line-Item Detail ☐ Level 1 X X X ☐ Level 2 X X X X X ☐ Level 3 X X X X X X Other Payment Options. Please check one: ☐ Net 21 Days (E-Payables Option; Visa Virtual Credit Card). Contact Procurement Services for specific information for the E-Payable option. This option will require the use of credit cards through your financial institution and/or credit card processor. ☐ NET 45 (Standard Payment Terms). Invoice payment is Net 45 days from the date of delivery or the receipt of satisfactory invoice, whichever occurs last, unless invoices specify early payment discounts. All payments, other than payments for construction services, due and not made within the time specified by this section bear interest from 30 days after the due date at the rate of one (1%) percent per month on the unpaid balance. HCPS provides payment to its OSD-registered vendors as Net 14 days with no cash discount. ☐ _____ % 21 Days, Net 45. (Discount for early payment; i.e.: 2% 21, NET 45). Invoices less agreed upon discount are paid in 21 days. This option requires you to enter a discount percent. X Signature Title Print Name Date [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 28 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.6 DRUG-FREE WORKPLACE CERTIFICATION HCPS shall provide tie bid preference to businesses with drug-free workplace programs. Whenever two or more bids, which are equal with respect to price, quality, and service, are received by HCPS for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. HCPS shall establish procedures for processing tie bids if none of the tie bids have a drug-free workplace program. To have a drug-free workplace program, a business shall:  Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.  Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.  Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).  In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States, or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.  Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any convicted employee.  Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS COMPANY COMPLIES FULLY WITH THE ABOVE DRUG-FREE WORKPLACE REQUIREMENTS. X Signature Title Print Name Date [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 29 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.7 SCRUTINIZED COMPANY CERTIFICATION I hereby swear or affirm that as if the date below this company is not listed on a Scrutinized Companies list created pursuant ss. 215.4725, 215.473, or 287.135, Florida Statutes. Pursuant to s. 287.135, Florida Statutes I further affirm that: This company is not participating in a boycott of Israel such that is not refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli- controlled territories, in a discriminatory manner. This Company does not appear on the Scrutinized Companies with Activities in Sudan List where the State Board of Administration has established the following criteria: Have a material business relationship with the government of Sudan or a government-created project involving oil related, mineral extraction, or power generation activities, or Have a material business relationship involving the supply of military equipment, or Impart minimal benefit to disadvantaged citizens that are typically located in the geographic periphery of Sudan, or Have been complicit in the genocidal campaign in Darfur. This Company does not appear on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List where the State Board of Administration has established the following criteria: Have a material business relationship with the government of Iran or a government-created project involving oil related or mineral extraction activities, or Have made material investments with the effect of significantly enhancing Iran‘s petroleum sector. This Company is not engaged in business operations in Cuba or Syria. X Signature Title Print Name Date [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 30 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.8 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). By signing and submitting this certification the potential contractor accepts the following terms: ***** BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS BELOW ***** (1) The prospective lower tier participant certifies, by submission of this Bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name of Potential Contractor Name and Title of Authorized Representative. X Signature of Authorized Representative Date INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Hillsborough County Public Schools Page 31 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.9 TRUTH AND ACCURACY STATEMENT The signer of this bid guarantees, as evidence by the affidavit required herein, the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. The undersigned hereby: authorizes any public official, engineer, architect, surety company, bank depository, material or equipment manufacturer or distributor or any person, firm, or corporation to furnish any HCPS-requested pertinent information, or its representative, deemed necessary to verify the statements made in this qualification form or regarding the standing and general reputation of the organization; and states that all information given is an accurate representation of the office location and resources from where the services are to be rendered; and certifies that he/she is authorized to sign this bid for the organization and that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. The undersigned certifies acceptance of this solicitation’s terms, conditions, exhibits, specifications, attachments, and addenda. “I certify (or declare) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct.” X Signature Title Print Name Date [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 32 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.10 BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM TO BE SUBMITTED WITH EACH BID EXCEEDING $100,000 The undersigned Contractor certifies to the best of his or her knowledge that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. X Signature Title Print Name Date [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 33 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.11 SMALL BUSINESS ENCOURAGEMENT (SBE) PROGRAM LETTER OF INTENT ☐If box is checked: The Office of Supplier Diversity (OSD) www.sdhc.k12.fl.us/doc/list/office-of-supplier- diversity/about/25-117/ registers vendors who desire to compete as part of HCPS’ Small Business, Woman-Owned Business, Minority-Owned, and/or a Service-Disabled Veteran-Owned business. The SBE Program provides a means to measure the HCPS use of Tampa Bay area small businesses. As a result, HCPS contractors, staff, and Bidders are encouraged to utilize businesses registered with the OSD to assist HCPS in reaching its small business reinvestment objectives. HCPS expects participation of OSD-registered SBE vendors in the provision of commodities or contractual services. If third-party agreements are necessary for Contractor to complete the Contract, HCPS recommends using an OSD-registered SBE vendor. The Bidder must note that only those companies that are small or minority certified and meet HCPS’ SBE Program criteria are eligible for participation and/or recognition in HCPS’ SBE Program. A searchable vendor directory is designed to inform interested parties of registered vendors, at: www.sdhc.k12.fl.us/doc/list/office- of-supplier-diversity/documents-forms/25-119/. HCPS will accept only vendors who appear as a registered SBE on the website. The Bidder must submit with the bid a copy of the SBE’s OSD certificate. The Bidder must indicate whether and how third-party vendors are incorporated into the bid. A Bidder who plans to utilize HCPS OSD vendor(s), either as secondary or tertiary sub-contractors, must provide evidence, below. The Bidder-submitted information shall be part of the Contract with HCPS and agrees to submit regular updates, as mutually agreed with the OSD Supplier Diversity Officer. The Contractor (vendor who will receive payment(s) directly from HCPS) must identify SBE utilization expenditures to HCPS’ OSD-registered SBE subcontractor(s) that perform a function in the provision of commodities and contractual services in the Bid. Subcontractor(s) must identify whether they enter second tier subcontracts with an SBE sub- contractors to ensure completion of work. SBE(s) (________ %) percent of the TOTAL dollar value of this Bid or commensurate with actual dollars to be paid by HCPS. A Bidder who claims to utilize HCPS SBE vendors must sign, below, and list the i) names of all proposed SBE subcontractors, ii) contact information, and (iii) description of the commodities and contractual services to be provided. The parties understand that they will enter into a formal agreement for the commodities and contractual services listed herein upon award to Contractor by the Board or HCPS. To be signed by each proposed SBE Subcontractor: The undersigned is currently an OSD-registered SBE who is prepared to perform the described provision of the commodities and contractual services relating to this ITB. The subcontractor understands that services are provided on behalf of the Contractor. HCPS is not responsible for any remuneration on behalf of, or monies owed by the Contractor. SBE Subcontractor Name (A copy of the SBE OSD certificate must be attached. Contact Name, Address, & Telephone Name of Bidder/Prime Contractor Percentage (%) of Total Contract Dollars to Subcontractor Description of Commodities and Contractual Services Name of SBE Vendor Representative Phone Number x Signature of Authorized SBE Representative Email Address Hillsborough County Public Schools Page 34 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.12 ADDENDA AND BID FORM The signer of this bid guarantees, as evidence by the affidavit required herein, the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. The undersigned hereby authorizes any public official, engineer, architect, surety company, bank depository, material or equipment manufacturer or distributor or any person, firm or corporation to furnish any pertinent information requested by HCPS or its representative, deemed necessary to verify the statements made in this qualification form or regarding the standing and general reputation of the applicant. The signer also states that all information given is an accurate representation of the office location and resources from where the commodities and contractual services are to be rendered. The Bidder is not responsible for acknowledging the final HCPS-uploaded addenda (addenda provided after the Question Due Date) if the final addenda does not create a fundamental change to the Bid. Receipt of the following Addenda are hereby acknowledged. (List all Addenda as follows): Addendum No.: 1 Dated: Addendum No.: 2 Dated: Addendum No.: 3 Dated: Addendum No.: 4 Dated: Addendum No.: 5 Dated: Addendum No.: 6 Dated: Addendum No.: 7 Dated: Addendum No.: 9 Dated: X Signature Title Print Name Date [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 35 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts THE BIDDER MUST READ AND RESPOND TO THIS SECTION IN ITS ENTIRETY AND MAY SUPPLEMENT THIS SECTION WITH ADDITIONAL PAGES AS TO PROVIDE HCPS WITH A MORE DETAILED BREAKDOWN, BACKUP AND/OR OPTIONS OF RELATED COSTS ASSOCIATED WITH THE SOLICITED COMMODITIES AND CONTRACTUAL SERVICES. 4.13 ESTIMATED BUDGET Estimated yearly spend for the commodities and contractual herein are $3,000,000, subject to the availability of funds. HCPS’ performance and obligation to pay under this contract is contingent upon an annual appropriation by The School Board of Hillsborough County, Florida. The costs of commodities and contractual services paid under any other contract or from any other source are not eligible for reimbursement under this Contract. 4.14 CONTRACT TERM/RENEWALS The Contract period will be for a one (1) year period with an option to renew for four (4) additional one (1) year periods as appropriations allow in the budget. Renewals shall be based on vendor performance and mutual agreement between HCPS and the Contractor to provide the identical services required under this Contract as outlined in the Scope of Work/Services and maintain the same terms, conditions, and cost structure as delineated herein. All renewals shall be in writing at least ninety (90) days prior to the termination of the current Contract period. 4.14.1 Temporary Renewal. If HCPS has a need to extend this Contract beyond the stated renewal periods, HCPS and the Contractor may agree to renew the Contract for a period not to exceed 180 days. 4.14.2 Temporary Unilateral Renewal. If the Contractor requests to not renew this Contract at the end of an effective term, it is understood and agreed that HCPS may unilaterally renew this Contract, for a period not to exceed ninety (90) days, under the same prices, terms, conditions, and specifications to allow for resoliciting this Contract. 4.15 MINIMUM QUALIFICATIONS The Bidder must provide and/or be compliant with all the below documentation. HCPS will not evaluate Bids that fail to provide the documentation below and shall deem the Bidder as non-responsible. Additionally, HCPS reserves the right to request documentation at any time during the agreement period. THE BIDDER MUST PROVIDE DOCUMENTATION TO PROVIDE PROOF OF THE REQUIREMENTS BELOW. 4.15.1 Experience. The Bidder shall have been in the provision of the required commodities and contractual services herein for a minimum of three (3) year(s) and shall provide proof along with the bid (including but not limited to articles of incorporation, business tax receipts…). Failure to provide said proof may be grounds for rejection of bid. Bidders must prove validity of the stated documents to be in effect at the time of Bid opening. HCPS will not award on assumptions that a granting of a license will occur at a future date. The Bidder must provide written evidence that it maintains a permanent place of business and have adequate equipment, finances, and personnel to furnish the goods and services offered satisfactorily and expeditiously. 4.15.2 Business References (Three). The Bidder must submit the requested reference information with the Bid. HCPS may contact these references during the evaluation process and may utilize other references’ information to predict the Bidder's capabilities. Negative references, in HCPS’ sole discretion, may be cause for the Bidder’s disqualification.  Included references should be customers from the previous three (3) years; and  Provide at least three (3) filled-in reference forms; and  HCPS-Preferred references shall be in the following order: o School districts o Hillsborough County, Florida based references o State of Florida based references o Large municipalities or local governments o Private sector Hillsborough County Public Schools Page 36 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts REFERENCE # 1. Vendor Name Telephone # Contact Name E-mail Address Scope of Work Provided Contract/Project Dollar Value REFERENCE # 2. Vendor Name Telephone # Contact Name E-mail Address Scope of Work Provided Contract/Project Dollar Value REFERENCE # 3. Vendor Name Telephone # Contact Name E-mail Address Scope of Work Provided Contract/Project Dollar Value Hillsborough County Public Schools Page 37 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.15.3 Licenses/Permits/Business Tax. The Bidder must provide proof that it is in possession of and is current with all applicable business/occupational licenses, business taxes, and able to obtain all applicable permits, whether municipal, county, state, or federally, required for the provision of the Contractor’s obligations and functions hereunder upon the Bid’s due date. Failure to adhere to this paragraph or provide any necessary licenses or qualifications to lawfully provide the required goods and services shall be cause for rejection of the Bid, agreement default, or, if not specifically stated in this solicitation, shall be cause for immediate termination and further sanctions. 4.15.4 Proof of Insurance. The Bidder must provide with the bid a copy of any policy evidencing the insurance coverages and limits required by the ITB. However, it does not constitute approval or agreement by HCPS that the insurance requirements have been satisfied or that the insurance policies shown on the Certificates of Insurance follow the requirements of the solicitation. 4.16 THE JESSICA LUNSFORD ACT (JLA) BADGES (APPLICABLE UPON AWARD) ☐ If box is checked. To comply with ss. 1012.465 and 1012.467, Florida Statutes, the “Jessica Lunsford Act”, a Contractor meeting any of the three (3) criteria, below, upon award, must be Level II fingerprinted and Florida Department of Law Enforcement (FDLE)/Federal Bureau of Investigations (FBI) screened by the HCPS Professional Standards Department. Those Contractor’s employees must have the statewide JLA badge and the HCPS yellow badge to access HCPS sites. Site personnel will deny access to all Contractors violating this requirement. More information is available at www.sdhc.k12.fl.us/doc/164/procurement-jla.  be at school when students are present, or  have direct contact with students, or  have access to or control of school funds. The only applicable exception is the "six-foot fence" rule where the Contractor shall perform work, and always remain, in an area separated from students by a chain link fence that is at least six (6) feet high. 4.17 INSURANCE REQUIREMENTS (APPLICABLE UPON AWARD) At its sole expense, the Contractor shall maintain the following insurance during the term of this Bid and such insurance will apply to the Contractor, its employees, agents, and subcontractors. 4.17.1 Workers’ Compensation and Employers’ Liability. The Contractor must comply with all requirements of the State of Florida Division of Workers’ Compensation. The Workers’ Compensation insurance coverage (inclusive of any amount provided by an umbrella or excess policy) shall be as required by s. 440, F.S. Coverage shall be for all its employees connected with the services of the contract. Unless insured by the Provider, the Provider shall require its subcontractors similarly to provide Workers’ Compensation Insurance for all subcontractor employees. THE BIDDER, IF EXEMPT BY THE STATE OF FLORIDA, MUST PROVIDE PROOF OF EXEMPTION (UNLESS A SOLE PROPRIETOR OR PARTNERSHIP). Employers’ Liability/Accident. $100,000 Disease Policy Limit. $500,000 Disease Each Employee. $100,000 4.17.2 Commercial/General Liability Insurance (Occurrence Form Only). The Contractor must submit a certificate of insurance for contractors/subcontractors showing the coverages below. Hillsborough County Public Schools, 901 East Kennedy Boulevard, Tampa, FL 33602, its board members, officials, employees and volunteers are to be covered as an additional insured in respect to liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; or automobile owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to HCPS, its officials, employees, or volunteers. COMMERCIAL GENERAL LIABILITY - Occurrence Form Only Projects < $1 million Projects > $1 million General Aggregate. $1,000,000 $2,000,000 Each Occurrence. $500,000 $1,000,000 Products/Completed Operations Aggregate. $500,000 $1,000,000 Personal and Advertising Injury. $500,000 $1,000,000 Damage to Rented Premises [Fire Legal Liability]. $50,000 $50,000 Hillsborough County Public Schools Page 38 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts Medical Payments. $5,000 $5,000 General Aggregate. $1,000,000 $2,000,000 Each Occurrence. $500,000 $1,000,000 4.17.3 Business Automobile Liability Insurance. A Contractor who utilizes automobiles that stay on public roads and parking lots only need to have insurance as required by the State of Florida to operate on public roadways. Automobile operation anywhere else on HCPS property requires the below listed insurance. This coverage shall be an "Any Auto" form policy. Hillsborough County Public Schools, 901 East Kennedy Boulevard, Tampa, FL 33602, its board members, officials, employees and volunteers are to be covered as an additional insured in respect to liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; or automobile owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to HCPS, its officials, employees, or volunteers. Coverage must be afforded under a per occurrence from policy for limits not less than: Not Transporting Students/Employees Transporting Students/Employees Bodily Injury [per person/per accident]. $500,000 $1,000,000 Personal Injury Protection (No Fault). $10,000 $10,000 Property Damage. $500,000 $1,000,000 Hired – Non-Owned Liability. $500,000 $1,000,000 Medical Expense. $5,000 $5,000 Combined Single Limit [in lieu of above split limits]. $1,000,000 $5,000,000 4.17.4 Professional Liability and/or Errors and Omissions Liability Insurance. ☐ If box is checked. Claims Made, Professional (E&O) Liability must be afforded for: Bodily Injury. $ 1,000,000 Property Damage. $ 1,000,000 Policy Aggregate. $ 1,000,000 4.17.5 Pollution Liability Insurance. ☐ If box is checked. When this agreement includes the pick-up, transportation and/or disposal of hazardous wastes as governed under title 40 or 49 of the Code of Federal Regulations, the transporter's Automobile Insurance shall be endorsed to include the ICC Form MSC90 (Motor Carrier Act of 1980) and the ISO Form CA 9948 (Pollution Liability-Broadened Coverage for Covered Autos-Business Auto and Truckers Coverage Forms).Occurrence or Claims Made, Pollution Liability must be afforded for: Bodily Injury: $ 1,000,000 Property Damage: $ 1,000,000 4.17.6 No Waiver of Sovereign Immunity. Nothing herein contained shall be deemed or construed as a waiver of sovereign immunity as provided by § 768.28, Florida Statutes, by any agency or political subdivision to which sovereign immunity may be applicable. 4.18 SCOPE OF WORK/SERVICES HCPS is seeking Bids from experienced and qualified Bidders interested in providing the goods and services referenced herein. All specifications in this solicitation are designed to enable a Contractor to satisfy a requirement for a product, material, process, or service. A specification may be expressed as a standard, a part of a standard, or independent of a standard. No specification is intended to unnecessarily limit competition by eliminating items capable of satisfactorily meeting HCPS actual needs and preferences. The fact that a manufacturer or supplier chooses not to produce or supply equipment, supplies, or services to meet these specifications will not be considered sufficient cause to adjudge these specifications as restrictive. The Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment, and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good workmanlike manner the goods and services required by this Agreement. Hillsborough County Public Schools Page 39 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts In order to increase the efficiency of the HCPS Transportation Department, the awarded vendor(s) will be required to do the following:  Provide sufficient new and rebuilt parts for trucks, buses, and vehicles to meet the requirements of HCPS Transportation Department, on as needed basis, for our just in time (JIT) Inventory and,  Assist HCPS in determining industry nomenclature/descriptions, purchasing UOM’s, and manufacturer’s part numbers and,  Keep abreast of new merchandise of interest to HCPS, as well as, any items identified as discontinued. Supply HCPS with an equal substituted item for all discontinued items. All substitutions are to be approved by the Procurement Department first and substitutions will only be allowed for items that have been discontinued by vendors’ manufacturer and,  If needed, have a local facility were items are available for pickup. 4.18.1 At its discretion, HCPS may elect to purchase and maintain ownership of certain specialized items. 4.18.2 HCPS reserves the right to add any items(s) to this bid as a permanent item at a set price, should HCPS have the need to stock the items at the Transportation Department warehouses. 4.18.3 Changes in Scope of Work. HCPS may order changes in the products or services consisting of additions, deletions, or other revisions within the general scope of the solicitation. Unless accepted by a mutually signed written amendment, Contractor may make no changes related to the scope of the project, amount of compensation, or any other adjustments to the Contract. 4.18.4 Out Of Scope. If the Contractor believes that any goods and services is not within the scope of work/services of the agreement, is a material change, or will otherwise require more compensation to the Contractor, the Contractor must notify the General Manager of Procurement Services, in writing, of this belief. If the General Manager of Procurement Services agrees that the goods and services is within the Contract’s scope, as written, the Contractor shall continue providing the goods and services as changed and at the cost stated for the product or service within the scope. The Contractor must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the written order. The General Manager of Procurement Services reserves the right to negotiate with the Contractor without completing the competitive bidding process for goods and services like those specified within the solicitation for which requirements were unknown upon release of the solicitation. 4.18.5 Tasks. The required tasks are listed herein, including necessary resources, deliverables, quality of performance and project requirements that the Contractor must comply with during the provision of commodities and contractual services.  Vendor must deliver product to four facilities. 4.18.6 Deliverables. Below, HCPS identifies project deliverables required for the services to be successfully completed, including any time-sensitive milestones or deliverables: SIGNATURE ACKNOWLEDGES THAT THE BIDDER HAS READ THE TERMS AND CONDITIONS HEREIN PRIOR TO SUBMITTING A BID AND IS READY, WILLING, AND ABLE TO FULFILL THE APPLICABLE OBLIGATIONS IN ACCORDANCE TO SAID TERMS AND CONDITIONS AND IS SUBMITTING WITHOUT COLLUSION WITH ANY OTHER INDIVIDUAL OR FIRM. Vendor’s Name Signature of Bidder’s Authorized Official Date Print Name and Title of Authorized Official Hillsborough County Public Schools Page 40 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 5 JUST-IN-TIME INVENTORY HCPS Transportation Department will work with the awarded vendor throughout the contract period to determine the parts, supplies, and equipment to carry in inventory. This determination will be based on usage, fleet size, and critical need of the part, ordering specifications, turnaround time, or any combination of these factors. The vendor shall have access to usage reports and will be able to offer suggestions based on usage, delivery time and/or availability. Prompt response requests for parts is crucial to establish and maintain a high level of maintenance shop productivity. Any decision to make changes that impact response times will be mutually agreeable with the HCPS Transportation Fleet Manager and the Vendor. 5.1.1 Quality: The vendor shall provide stock and non-stock original equipment parts, supplies and equipment, or aftermarket items in equal or higher quality. All hydraulic equipment, components, and parts must meet JIC and SAE specifications. 5.1.2 Periodic Inspection: HCPS reserves the right to inspect the quality of materials, supplies, and equipment proposed to be furnished and to reject any item(s) deemed not to meet original equipment standards and performance. All such items provided by the selected vendor for resale to HCPS will remain the property of the vendor until used by HCPS. 5.2 CUSTOMER SERVICE/DELIVERY Provide efficient and rapid customer response at all times. Rapid response shall include delivery to the end user(s) warehouses at all times, or other locations throughout the school district if the need should arise or in the case of an emergency. Delivery expectations: 5.2.1 Delivery hours are Monday through Friday 7:00 AM to 5:00 PM. Warehouse stock deliveries are to be made within two (2) days of receipt of purchase order. 5.2.2 Vendor is to notify HCPS within 24 hours of receipt of purchase order if unable to meet delivery requirements as noted above. 5.2.3 Vendor must be able to provide delivery of non-stocked items within five (5) days of receipt of purchase order. 5.2.4 Vendor must be able to provide emergency deliveries by start of business the day following request/receipt of purchase order to the designated location or warehouse. 5.2.5 HCPS reserves the right to purchase parts and/or services from other sources if the vendor cannot obtain the desired part(s) by start of the next business day to procure parts immediately (for emergencies), if the vendor cannot supply the part(s) in an acceptable period. 5.3 GENERAL PARTS INFORMATION Original equipment quality parts, supplies, and equipment or the equivalent or better are required. HCPS Transportation Department reserves the right to purchase parts and other supplies that are not provided by the vendor within the timeframes specified, or that do not meet original equipment quality, or that are deemed inferior or unacceptable by the fleet facility. 5.3.1 HCPS reserves the right to solicit repairs from any private vendor where said vendor may provide parts and/or labor for the repair of fleet equipment. 5.4 REBUILT/REFURBISHED OR RECYCLED PARTS HCPS requires that in every application, where reasonable and acceptable, the supplier provide retreaded, rebuilt, refurbished, recycled, or re-refined products that meet or exceed OEM, SAE, UL, Mil-spec, ANSI or other industry quality standards, HCPS Transportation Department reserves the right, over the course of the contract period to determine which products must be new, refurbished, recycled, or retreaded. 5.5 CORE EXCHANGE The vendor shall also accept industry standard cores for rebuilding where the parts are acceptable as core exchanges, including water pumps, carburetors, pumps, alternators, engine blocks, etc. 5.6 INVENTORY TRACKING All invoices, packing slips, or receipts shall contain specific tracking information, i.e. equipment number, reference Hillsborough County Public Schools Page 41 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts number, receiving employee name, parts quantities, part number and alpha description, price detail and any other data deemed necessary for effective accounting tracking. 5.7 WARRANTY RECORDS The vendor shall maintain warranty records of items sold to the HCPS and issue any credits, including labor and parts, due the HCPS covered under these warranties. Hillsborough County Public Schools Page 42 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 6 BID RESPONSE FORM/PRICING SHEET 6.1 PRICING SHEET HCPS may provide the Response Form as a separate Microsoft Word or Excel file. The Bidder must submit the Response Form in the same format or as requested below. HCPS may deem the bid as “non-responsive” for failure to comply with this provision. All prices offered must include all labor, supervision, equipment, travel, charges, and any other incidentals to complete the solution, application, or service. Labor categories shall be cost per hour, either all-inclusive or cost per position (director, technical architect, project manager, etc.). ☐ Statement of Work or Quote. The Bidder must supply Statement of Work or Quote for services (including timeline and payment information). The Statement of Work (SOW) or quote for services, as applicable, shall describe the framework within which the Contractor is expected to operate — that is, the work to be performed and/or the results to be achieved. The SOW should contain the following elements:  Introduction & Background identifies the need for the work, cites the Contract’s goals, describes the location of the work, and identifies how the Contract work fits into the project/program’s mission and goals.  Objectives are well-defined statements of the results to be achieved for the overall mission of the work to be accomplished. They should be quantifiable criteria that must be met for the work to be considered successful.  Scope gives a brief description of what the work does and does not cover. It should be limited to what is necessary to convey the intent of the Contract. It may include an outline of the extent of the work, a brief overview of the steps of the project, a brief description of the methodology used, and a description of the location of the work.  Tasks are activities and milestones to accomplish the Contract objectives. The Bidder may structure the work using milestones, deliverables, or processes. The following may be part of this section.  Time Frame and Deliverables specifies timeframes applicable to the completion of tasks, milestones, and/or completion of the entire Contract and states what the Contractor is responsible for delivering during the work and at the end of the project, as applicable.  Associated Costs specifies costs associated with all required tasks, including rates (hourly/flat) and fees (e.g. for travel, materials & supplies, and miscellaneous expenses).  Signatures from Involved Parties should require signatures from HCPS and the Contractor, including titles/positions and date. ☐ The Bidder must provide a self-generated MS Excel spreadsheet with all applicable pricing and rates. ☒ The Bidder must provide an MS Excel spreadsheet (provided as a separate attachment or on VendorLink). ☐ The Bidder must provide prices for items in HCPS-provided later in this section. 6.1.1 Delivery. What is your company’s delivery time after receipt of order? _____________________________. 6.1.2 Minimum Order. A minimum order requirement may be cause for rejection of the Bid. Preference may go to those Bids with no minimum order requirement, even if the price is higher. HCPS assumes that it will purchase goods on either the smallest unit of measure or as stated in the solicitation. A Bidder’s minimum order requirement exceeding the said unit of measure is cause for rejection of the bid as non-responsive. However, HCPS authorizes additional discounts for quantity purchases (as an alternative). ☐ Yes ☐ No. Does Bidder require a minimum order” If yes, please explain. _________________________________. 6.1.3 On-Line Ordering Information. Please answer the following on-line ordering questions. ☐ Yes ☐ No. The Bidder can offer on-line ordering. If yes, what is the URL? _____________________________________ ☐ Yes ☐ No. The Bidder can customize Its website for the needs of HCPS at no additional charge. Hillsborough County Public Schools Page 43 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts If yes, how long would customization take? ______________________________________________________. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS ORGANIZATION, UPON ACCEPTANCE BY HCPS OR AWARD BY THE BOARD, SHALL COMPLY FULLY WITH THE REQUIREMENTS IN THIS SECTION. Vendor’s Name Print Name Title Signature Date [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 44 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts EXHIBIT A: SAMPLE AGREEMENT HILLSBOROUGH COUNTY PUBLIC SCHOOLS CONTINUING SERVICES AGREEMENT This Hillsborough County Public Schools Continuing Services Agreement (“Agreement”) is hereby entered into by and between The School Board of Hillsborough County, Florida, a body corporate and public, (the "Board") as the governing body of Hillsborough County Public Schools (“HCPS”), and Contractor Name ("Contractor”) as of the date last signed below (“Effective Date”). HCPS and Contractor will collectively be known herein as “the Parties.” NOW THEREFORE, the Parties hereby agree as follows: 1. Award/Order of Precedence. This Agreement is being entered pursuant to HCPS’ Invitation to Bid ITB# ITB number and name (“ITB”) to which Contractor was a bidder. This Agreement is subject to compliance with all the terms and conditions of the ITB and specifications set forth therein, as well as, any amendment or revision thereto, as applicable. The terms of the ITB and the Contractor’s proposal in response to the ITB (“Contractor’s Bid”) are expressly incorporated into this Agreement. The terms of this Agreement, the ITB, and the Contractor’s Bid are intended to be read in conjunction with each other to every extent possible; however, in the event of a conflict, the documents will control in the following priority: 1) Agreement; 2) ITB; and 3) Contractor’s Bid. 2. Services. HCPS hereby engages Contractor to provide the commodities and contractual services (“Services”) as described in the ITB and Contractor’s Bid incorporated herein by reference. 3. Term. The initial term of this Agreement is Click or tap here to enter text. [#] year(s) beginning on Click or tap to enter a date.the “Effective Date.” Any renewals will be in accordance with the ITB. 4. Termination. HCPS may terminate this Agreement with thirty (30) days’ prior written notice to the other Party. HCPS shall be responsible only for payments still due to Contractor for services performed in accordance with this Agreement up to the time of termination. a. Termination for Breach. Contractor agrees to the use of liquidated damages in the event Contractor fails to perform in accordance with the provisions herein. On the occasion where Contractor is in default of contract, or any material provision thereof, or fails to remedy any deficiency in performance, HCPS may procure the necessary commodities and contractual services from an alternative source and hold Contractor financially responsible for any excess costs incurred. HCPS may deduct the difference between the proposed price of the commodity or contractual service and the actual price paid from any current or future obligations owed to Contractor. In addition, default will result in termination of this Agreement and a prohibition against future business with HCPS for a term of not less than two (2) years. b. Non-Appropriation of Funds (Funding Clause). HCPS’ payment obligations are conditioned upon the availability of funds that are appropriated or allocated for the payment of commodities and contractual services. If such funds are not allocated and available, HCPS may terminate this Agreement at the end of the period for which funds are available and shall notify the Consultant at the earliest possible time before such termination. No penalty shall accrue to HCPS and shall not be obligated or liable for any future payments due or for any damages due to termination under this section. 5. Indemnification. Contractor agrees to indemnify, hold harmless, and defend HCPS from and against all claims, suits, actions, damages, or causes of action arising out of the negligent acts of Contractor arising out of or regarding the provisions of this Agreement. 6. Amount. There is no minimum or maximum total contract amount guaranteed pursuant to this Agreement. HCPS will engage Contractor as needed on a project-by-project basis in accordance with the terms and conditions of the ITB. 7. Payment. All accounting and invoicing correspondence must reference an HCPS purchase order number. HCPS complies with the Florida Prompt Payment Act (ss. 218.70-218.80, Florida Statutes). Invoice payment is Net 45 days from the date of delivery or the receipt of a proper invoice, whichever occurs last, unless invoices specify early payment discounts. All payments due and not made within the time specified by this section bear interest from Hillsborough County Public Schools Page 45 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts thirty (30) days after the due date at the rate of one (1%) percent per month on the unpaid balance. The Consultant must ensure that each invoice contains the following:  Purchase order number. Contractor must not provide the commodities and contractual services without an HCPS- issued purchase order.  Contractor’s contact information (phone number, shipped quantities, item descriptions, and units of measure).  Addressed to Hillsborough County Public Schools, Attn. Accounts Payable Department, P.O. Box 3408, Tampa, FL 33601-3408.  Include all provided commodities and contractual services provided during the invoice period. c. Service invoices. Contractor must provide a duplicate invoice for all services, identified as a “duplicate” or “copy” to the ordering department or designated the hcps contact. d. Commodity Invoices. Payment is on a per order basis. 8. Jessica Lunsford Act. Per §§ 1012.465 and 1012.467, Florida Statutes, the “Jessica Lunsford Act” requires that Contractors who meet any of the three (3) criteria below must be Level II fingerprinted and Florida Department of Law Enforcement (FDLE)/Federal Bureau of Investigations (FBI) screened by the HCPS Professional Standards:  be at school when students are present, or  have direct contact with students, or  have access to or control of school funds The only applicable exception is the "six-foot fence" rule where the Consultant shall perform work, and always remain, in an area separated from students by a chain link fence that is at least six (6) feet high. The Consultant’s employees will be required to have the statewide JLA badge and the HCPS yellow badge to access school sites. HCPS site personnel will deny access to the Consultant’s personnel who violate this requirement. HCPS will not use the “in-line-of-sight” rule. All fingerprinting is through the HCPS Fingerprinting Department located at the Instructional Services Center, 2920 N. 40th Street, Tampa, FL 33605. If you have any specific questions regarding fingerprinting procedures or hours of operation, please call (813) 840-7178, or go to www.sdhc.k12.fl.us/Procurement/JessicaLunsfordAct.asp for additional information 9. Amendments. Any changes, amendments, or modifications to this Agreement must be in writing and signed by both parties to be effective. 10. Assignment. Contractor may not, without the advance written approval of HCPS, assign any right or delegate any duties hereunder nor may it transfer, pledge, surrender, or otherwise encumber or dispose of its interest in any portion of this Agreement. 11. Public Records Law. Contractor acknowledges that this Agreement and all documents submitted to HCPS related to this Agreement are a matter of public record and are subject to the State of Florida Public Records Law Ch. 119 F.S., Art. I s. 24, of the State Constitution, and any other comparable federal laws. Contractor further acknowledges that HCPS may post this Agreement on HCPS’ website. Contractor also understands the broad nature of these laws and agrees to comply with Florida’s public records laws and laws relating to records retention. If Contractor is acting on behalf of HCPS pursuant to § 119.0701, Florida Statutes Contractor shall:  keep and maintain public records that ordinarily and necessarily would be required by HCPS to perform the service, and  provide the public with access to public records on the same terms and conditions that HCPS would provide the records and at a cost that does not exceed the cost provided in chapter 119, Florida Statutes or as otherwise provided by law, and  ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law, and  meet all requirements for retaining public records and transfer, at no cost, to HCPS all public records in possession of the Consultant upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, and Hillsborough County Public Schools Page 46 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts  can provide all electronically stored records in a format that is compatible with HCPS’ information technology systems IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE HCPS OFFICE OF COMMUNICATIONS AT 901 E. KENNEDY BOULEVARD, TAMPA, FLORIDA 33602. PHONE: (813) 272-4060, EMAIL: PRR@SDHC.K12.FL.US. 12. Force Majeure. No default, delay, or failure to perform on the part of the either Party will be considered a default, delay, or failure to perform otherwise chargeable, hereunder, if such default, delay, or failure to perform is due to causes beyond either Party’s reasonable control including, but not limited to, strikes, lockouts, or inactions of governmental authorities; epidemics; pandemics; acts of terrorism; war; embargoes; fire; earthquake; acts of God; or default of common carrier. In the event of such default, delay, or failure to perform, any date or times by which either Party is otherwise scheduled to perform will be extended automatically for a period equal in duration to the time lost because of the excused default, delay, or failure to perform. 13. Notice. When either Party desires to give notice to the other, such notice must be in writing, sent by email, U.S. Mail, postage prepaid, addressed to the Party for whom it is intended at the place last specified; the place for giving notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice: If to HCPS: With a copy to: Corey A. Murphy, General Manager Procurement Services 901 East Kennedy Boulevard Tampa, Florida 33602 Phone: (813) 272-4374 Email: corey.murphy@hcps.net Department contact, title Department Address 1 Address 2 Phone: (813) 999-9999 Email: Email To Consultant: Contact name and title Address 1 Address 2 Phone: (999) 999-9999 Email: Email 14. No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of HCPS and Contractor, and their respective successors, and no other person or entity shall have any right or action under this Agreement. 15. Statement of Assurance. Contractor shall comply with all applicable laws, ordinances, codes, and statutes of all local, state, or national governing bodies included within this section. Contractor shall comply with the regulations of Title VII of the Civil Rights Act of 1964, as amended, and the Florida Civil Rights Act of 1992, in which no person in the United States shall on the grounds of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status be excluded from participation in or be denied the proceeds of or be subject to discrimination in the performance of this Agreement. 16. Assignment. Contractor shall not assign, sublet, or otherwise dispose of, without prior written consent of HCPS, any portion of services or responsibilities under this Agreement. 17. Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. If any signature is delivered by facsimile transmission or by e-mail delivery of a “PDF” format data file, such signature shall create a valid and binding obligation of the Party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or PDF signature page were an original thereof. 18. Governing Law & Venue. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action Hillsborough County Public Schools Page 47 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts involving the enforcement or interpretation of any rights hereunder shall be submitted exclusively to the authority of the State courts of the Thirteenth Judicial Circuit of Hillsborough County, Florida or to the authority of the United States District Court for the Middle District of Florida. Each Party agrees and admits that the state courts of the Thirteenth Judicial Circuit of Hillsborough County, Florida or the United States District Court for the Middle District of Florida shall have authority over it for any dispute arising under this Agreement. 19. Authority. Each person signing on behalf of the Parties to this Agreement represents and warrants that they have full authority to execute this Agreement on behalf of such party and that this Agreement will constitute a legal and binding obligation of such party. By their duly authorized signatures below, the Parties hereby enter into this Agreement: IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and date written below. Contractor’s legal name The School Board of Hillsborough County, Florida Signature Board Chair Print Name Print Name Date Date HillsboroughSchools.org • P.O. Box 3408 • Tampa, FL 33601-3408 • (813) 272-4000 Raymond O. Shelton School Administrative Center • 901 East Kennedy Blvd. • Tampa, FL 33602-3507 HILLSBOROUGH COUNTY PUBLIC SCHOOLS RENEWAL AGREEMENT SECOND RENEWAL TO 20204-DST-KJ TRUCK, BUS AND VEHICLE PARTS This Renewal Agreement (“Renewal”), is entered into between Hillsborough County Public Schools (“HCPS”) and Fleet Products (“Contractor”), each a “Party” and collectively the “Parties.” All capitalized terms used herein have the meanings assigned to them in the Agreement unless otherwise defined herein. WHEREAS, HCPS entered into the above-referenced Agreement with Contractor for the provisions of Truck, Bus and Vehicle Parts/Fleet Products on March 10, 2021; and WHEREAS, pursuant to above-referenced Agreement, the Agreement may be amended by mutual agreement; and WHEREAS, the Parties agree to renew the Agreement. NOW, THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Agreement Renewal. The Agreement is renewed for a period of one (1) year pursuant to the same terms and conditions, or as amended herein, and agree on the compensation to be received by Contractor for delivery of the commodities and contractual services to be performed beginning March 10, 2023 and ending on March 9, 2024. 2. Additional Terms. a. Debarment. Contractor certifies, by submission and signature on this Renewal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or involuntarily excluded from participation in this transaction per the provisions of § 287.133(2) (a), Florida Statutes, and pursuant to Executive Order 12549, Debarment and Suspension. b. Jessica Lunsford Act. Per §§ 1012.465 and 1012.467, Florida Statutes, the “Jessica Lunsford Act,” all contractors meeting any of the three (3) criteria, i) be at school when students are present, or ii) have direct contact with students, or iii) have access to or control of school funds, must be Level II fingerprinted and Florida Department of Law Enforcement (FDLE)/Federal Bureau of Investigations (FBI) screened by the HCPS Professional Standards Department. Those contractor’s employees must be in possession and display the statewide JLA badge and the HCPS yellow badge to access HCPS sites. Site personnel will deny access to any personnel violating this requirement. c. E-Verify. Per Section 448.095, Florida Statutes, all employers within the state shall use the U.S. Agency of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the employment eligibility of all employees hired during the term of this Amendment. Contractor shall also require all subcontractors performing work under this Amendment to use the E-Verify system for any employees they may hire during the term of this Renewal. Contractor must provide evidence of compliance with Section 448.095, Florida Statutes. Evidence may consist of, but not limited to, providing notice of Contractor’s E-Verify number. Failure to comply with this provision is a material breach of the Agreement and HCPS may choose to terminate the Agreement at its sole discretion. Contractor may be liable for all costs associated with HCPS securing the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary). 3. Compliance. Contractor shall comply with all applicable laws, ordinances, codes, and statutes of all local, state, or national governing bodies included within this section. Contractor shall comply with the regulations of Title VII of the Civil Rights Act of 1964, as amended, and the Florida Civil Rights Act of 1992, in which no person in the United States shall on the grounds of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status be excluded from participation in or be denied the proceeds of or be subject to discrimination in the performance of the Agreement. Hillsborough County Public Schools Page 2 of 7 Truck, Bus, and Vehicle Parts 4. Governing Law. This Renewal shall be governed by and interpreted in accordance with the laws of the State of Florida. The parties agree that in the event that any suit or proceeding is brought in connection with this Renewal, such suit or proceeding shall be brought in the state or federal courts located in Hillsborough County, Florida, and the parties shall submit to the exclusive jurisdiction of such courts and waive any and all jurisdictional, venue, and inconvenient forum objections to such courts. Each party shall be responsible for its own attorneys’ fees and costs incurred because of any action or proceeding under the Agreement. 5. Counterparts. This Renewal may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one, and the same, instrument. If any signature is delivered by facsimile transmission or by e-mail delivery of a PDF formatted data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or PDF signature page were an original thereof. 6. Conflict. By accepting and executing this Renewal, Contractor certifies that, upon approval by HCPS of the Renewal award, Contractor shall operate in accordance with all applicable current program regulations except as expressly amended by the terms of this Renewal. To the extent any of the terms of this Renewal conflict with the terms of the Agreement, the terms of this Renewal shall control. 7. Warranty of Authority. Each person signing this Renewal warrants that they are duly authorized to do so and to bind the respective party. 8. Effect. Unless otherwise modified by this Renewal, all terms and conditions contained in the Agreement shall continue in full force and effect. [INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] Hillsborough County Public Schools Page 3 of 7 Truck, Bus, and Vehicle Parts IN WITNESS WHEREOF, the parties have duly executed this Amendment as of the date first above written. Fleet Products Hillsborough County Public Schools Stace Williams, President Nigel Burrell, Fleet Manager Transportation Date Date Approved: Corey A. Murphy, General Manager Procurement Services Date CC: End-User Department Representative Senior Procurement Officer john s williams (Apr 10, 2023 16:01 EDT) john s williams Apr 10, 2023 04/10/23 Nigel Burrell (Apr 10, 2023 16:42 EDT) Apr 10, 2023 Hillsborough County Public Schools Page 4 of 7 Truck, Bus, and Vehicle Parts ATTACHMENT A RENEWAL TERMS AND CONDITIONS Bid Part # Description 2022 Price 2023 Price 88862628 Penetrant, Inhibitor $7.05 $7.05 3128 Wiper Blade 28" $2.55 $2.61 0058600 Air Bag Assy, Bluebird $135.46 $135.46 463.DS1214 Draglink, International $61.40 $63.25 463.DS5515 Draglink, International $81.55 $83.17 14-17288-000 Draglink, C2 $91.80 $96.39 463.DS4615 Draglink, C2 $91.80 $96.39 463.DS1276 Draglink, Freightliner $106.06 $111.36 4316279 Tie Rod End, R/H, BB $26.50 $27.03 462.ES411L Tie Rod End, Left $24.94 $26.18 462.ES411R Tie Rod End, Right $24.94 $26.18 462.ES423L Tie Rod End, Left $19.96 $20.36 MBA/6073380610 Tie Rod End, L/H, C2, MBE900 $37.10 $38.21 MBA/6073382010 Tie Rod End, R/H, C2, MBE900 $37.10 $38.21 0097836 Breaker, Circuit ATC 10A $2.73 $2.94 61528B Drum, Brake, Front (3721AX) $118.51 $134.20 3757 Drum, Brake, Rear $165.64 $190.83 66353B Drum, Brake, Rear (3757) $165.64 $190.83 931046000 Blank, Dash Filler $1.25 $1.25 C0078-SA DPF 466MAX 2ND GEN. $825.26 $825.26 4C3Z9P456AJ EGR Cooler (VT365) $208.73 $208.73 1845145C99 EGR Cooler (VT365) $208.73 $208.73 1878918C2 EGR Valve (466Max 1st Gen) $393.28 $414.52 5C3Z6K854AA Flex Tube, R/H, VT365 $85.31 $85.31 1845235C1 Flex Tube, R/H, VT365 $85.31 $85.31 3C3Z-6766-CA CAP, FILLER, VT365 $16.25 $16.25 Hillsborough County Public Schools Page 5 of 7 Truck, Bus, and Vehicle Parts 3765681C93 Headlight Assy L/S IHC $121.11 $121.11 850X Alarm, Backup $72.62 $76.25 886 Bulb, Warning, C2 $2.42 $2.42 5060775 Belt, A/C, 444E $14.79 $16.33 K060775 Belt, A/C, 444E $14.79 $16.33 4061203 Belt, Air Compressor, 466Max $31.76 $36.69 K061203 Belt, Air Compressor, 466Max $31.76 $36.69 K060458HD Belt, A/C, ISB 6.7L, C2 $14.58 $16.09 4060790 Belt, A/C, MBE900 $18.53 $21.02 K060790 Belt, A/C, MBE900 $18.53 $21.02 K060509 Belt, A/C, VT365 $11.25 $13.71 4060512 Belt, A/C, VT365 $12.05 $19.08 K060512 Belt, A/C, VT365 $12.05 $19.08 K080830HD Belt, ISB 6.7L,Navistar $32.51 $36.68 4080952 Belt, Main, VT365 $40.81 $45.07 K061099 Belt, Inner, 6.8L Propane $23.61 $26.78 25-061099 Belt, Inner, 6.8L Propane $23.61 $26.78 34. Belt, Outer, 6.8L Propane $30.26 $34.32 K081025HD Belt, Outer, 6.8L Propane $30.26 $34.32 AB1DF23-9781 Air Bag Assy $55.56 $55.56 16-19768-00 Air Bag Assy, C2 $55.56 $55.56 55983 Lamp Assy, Amber (LED) $42.77 $42.77 EL4702QSB Shoe, Kit, Brake, Front $49.99 $55.40 BK4702QPEN Shoe, Kit, Brake, Front $54.21 $55.13 BK4703QPEX Shoe, Kit, Brake, Front $56.25 $67.68 BK4720QPEX Shoe, Kit, Brake, Front $50.47 $51.48 BK4707QPEX Shoe, Kit, Brake, Rear $46.87 $47.80 3588739C3 Fan Clutch (VT365) BorgWarner $236.15 $236.15 3609117C2 Fan Clutch (466Max) BorgWarner $277.18 $286.00 010021288 Fan Clutch (466Max) BorgWarner $277.18 $286.00 010021526 FAN CLUTCH (IHC ISB6.7L) $238.08 $238.08 Hillsborough County Public Schools Page 6 of 7 Truck, Bus, and Vehicle Parts BDTL0034094 Grease, Multipurpose $6.10 $9.08 107514X Compressor, Air, 444E (Bendix) $342.25 $349.09 107794X Cartridge, Air Dryer (Bendix) $25.99 $25.99 ZAJ3232951X Air Brake Chamber Rear (MGM) $69.36 $80.21 83456 Shock, Front, International $29.95 $31.75 3601600C3 Shock, Rear, International $53.80 $57.03 38776 Seal, Wheel Rear (SKF) $26.76 $32.62 EB1 Engine Degreaser $3.99 $4.62 M5-06 Washer Fluid $1.33 $1.33 0043875 Drum, Brake, Front, BB Vision 19/20 $230.00 $230.00 XK2124702QP Shoe, Kit, Brake, Front (Meritor) $49.00 $56.21 XK3124703QP Shoe, Kit, Brake, Front (Meritor) $72.33 $82.97 XK3124707QP Shoe, Kit, Brake, Rear (Meritor) $61.66 $65.41 XK23124720QP Shoe, Kit, Brake, Front (Meritor) $82.71 $94.89 3365T Mirror $29.33 $29.33 5601240NX TURBO ACTUATOR (IHC & BB ISB6.7L) $1,424.45 $1,424.45 5254261PX Injector (C2 ISB6.7L) $485.57 $485.57 12003Y Lamp, Marker Amber $6.59 $7.81 12003R Lamp, Marker Assy Red $6.69 $7.93 12001R Light, Marker, Red $7.37 $8.18 EL12 Flasher $4.60 $7.07 61-18 Pump, Washer $13.00 $13.40 3800X Drum, Brake, Front $124.99 $138.86 65548B Drum, Brake, Front (3800X) $124.99 $138.86 77807BW Drum, Brake, Rear (3600A) $131.25 $156.96 9006XS Bulb, Low Beam, C2 $3.05 $3.11 LAF9099 FILTER, AIR (OLD# 46870) $29.47 $35.55 49519 FILTER, AIR BB# $27.88 $32.97 P616400 FILTER, AIR SECONDARY $11.01 $12.93 LAF3234 FILTER, AIR, SECONDARY $11.01 $12.93 33377 FILTER, FUEL (3126B) $5.74 $7.03 Hillsborough County Public Schools Page 7 of 7 Truck, Bus, and Vehicle Parts LFF4783 FILTER, FUEL (OLD # 33377) $5.74 $7.03 51734 FILTER, OIL (444E) $6.60 $8.26 LFP6035 FILTER, OIL (OLD # 1884508C2) $22.80 $28.14 LFP2286 FILTER, OIL (OLD # 51734) $6.60 $8.26 57528 FILTER, P/S $9.66 $11.39 LH7528 FILTER, P/S (OLD # 57528) $9.66 $11.39 BC3Z-7A098-B FILTER, TRANSMISSION 6.8L $10.12 $12.11 WL10057 FILTER, TRANSMISSION, INTERNAL $10.19 $12.85 33630 FILTER, W/S $15.52 $18.36 33231 FILTER, W/S $16.38 $19.37 LFF5849 FILTER, W/S (OLD # 33630) $15.52 $18.36 33411 FILTER, W/SEP $13.34 $15.78 LFF1065 FILTER, W/SEP, 2017 - IHC/CUMMINS $18.77 $21.09 46870 FILTER,AIR $29.47 $35.55 LAF8430 FILTER,AIR BB $27.88 $32.97 0087782 FILTER,AIR BB 2020 $27.88 $32.97 BX243009N FILTER,COMPRESSOR 6.8L V10 $2.65 $3.14 33813 FILTER,W/SEP (LFF5851) $16.38 $29.02 1825181C91 STRAINER,FUEL $8.39 $10.58 M105603 Starter (VT365) Leece Leville $156.78 $156.78 8300063 Starter (VT365) $156.78 $156.78 8200972 Starter (VT365) $156.78 $156.78 3571513C92 Starter (VT365) Leece Neville $205.56 $205.56 M105602 Starter (466Max) Leece Neville $166.76 $168.39 8200571 Starter (ISB6.7L) $185.04 $185.04 4962PARS Alternator, 320AMP Pad-Mount $376.67 $516.85 Effective 03/10/2023 Renewal 20204-DST-KJ Truck, Bus and Vehicle Parts Fleet Products 23-24... (1) - unsigned Final Audit Report 2023-04-10 Created:2023-04-10 By:Rebecca Cora (rebecca.cora@hcps.net) Status:Signed Transaction ID:CBJCHBCAABAA1B98qYRQFgeU91eZq_NMNlT4Rv_tTH5E "Renewal 20204-DST-KJ Truck, Bus and Vehicle Parts Fleet Pro ducts 23-24... (1) - unsigned" History Document created by Rebecca Cora (rebecca.cora@hcps.net) 2023-04-10 - 8:05:45 PM GMT Document emailed to Corey Murphy (corey.murphy@hcps.net) for signature 2023-04-10 - 8:08:50 PM GMT Email viewed by Corey Murphy (corey.murphy@hcps.net) 2023-04-10 - 8:40:20 PM GMT Document e-signed by Corey Murphy (corey.murphy@hcps.net) Signature Date: 2023-04-10 - 8:40:32 PM GMT - Time Source: server Document emailed to nigel.burrell@hcps.net for signature 2023-04-10 - 8:40:34 PM GMT Email viewed by nigel.burrell@hcps.net 2023-04-10 - 8:41:09 PM GMT Signer nigel.burrell@hcps.net entered name at signing as Nigel Burrell 2023-04-10 - 8:42:24 PM GMT Document e-signed by Nigel Burrell (nigel.burrell@hcps.net) Signature Date: 2023-04-10 - 8:42:26 PM GMT - Time Source: server Agreement completed. 2023-04-10 - 8:42:26 PM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted. October 12, 2023 City of Clearwater Yvette Clanton Contract & Procurement Specialist 1900 Grand Avenue Clearwater FL 33765 Dear Yvette, This letter is to inform you that we are the sole source manufacturer and supplier of the Load and Pack system refuse vehicle, 9.5 CU dump box and parts. We provide these systems to the major parks, trail systems and beaches throughout the USA. The biggest sales features of the vehicle are it can pick up speed, labor savings and reduction on major work comp. claims. This unique vehicle is a one-man unit that is second to none and evolves from improvements and updates on a continuous basis. The standard life of a unit is 7-9 years depending on maintenance and environment. Your pay back is normally 2 ½ years or less depending on your current system in use and care of the machine. Thank you for your continued interest in Broyhill vehicles and products. Please check our website for a full line up of our equipment at www.broyhill.com. Sincerely, Tammy D Steemken Tammy D. Steemken Senior V.P. Operations PIERCE MANUFACTURING INC. AN OSHKOSH CORPORATION COMPANY • ISO 9001 CERTIFIED 2600 AMERICAN DRIVE POST OFFICE BOX 2017 APPLETON, WISCONSIN 54912-2017 920-832-3000 • FAX 920-832-3208 www.piercemfg.com January 13, 2023 RE: Sole Source To whom it may concern: To provide you with the personalized level of sales, service, and warranty you deserve, Pierce has established a network of authorized dealers throughout the country. Ten-8 Fire & Safety, LLC. is the exclusive dealer for the sale, service, parts, and warranty of custom and commercial fire apparatus manufactured by Pierce in the states of Florida and Georgia. Ten-8 Fire & Safety, LLC. is extremely qualified to provide you with the support you have come to expect from Pierce and has service and warranty facilities located in both states they serve. Please contact Ten-8 Fire & Safety, LLC. direct for sales and service support or visit their website for more information at www.ten8fire.com. Sincerely, Charley Hopp Manager – Contracts and Sales Support Pierce Manufacturing Inc. October 16, 2023 Yvette Clanton City of Clearwater 1900 Grand Avenue Clearwater, FL 33765 Re: SURF RAKE Beach Cleaners and Parts Dear Ms. Clanton, H. Barber & Sons, Inc. is the manufacturer of the Barber SURF RAKE line of beach cleaners. This letter certifies and confirms that H. Barber & Sons, Inc. is the sole source and exclusive distributor for the Barber SURF RAKE equipment, parts and service in the state of Florida. Please contact H. Barber & Sons, Inc. at (800) 355-8318 or (203) 729-9000 if there are any questions or additional information desired. Thank you. Sincerely, John Barber President 1300 W. Bartlett Road ▪ Elgin, IL 60120 ▪ p. (847)741-5370 ▪ f. (847)742-3035 ▪ www.elginsweeper.com De October 18, 2023 City of Clearwater Ms. Moore:, Thank you and everyone involved within the City for your interest in Elgin street sweepers. Environmental Products Group is the sole source for Elgin equipment, parts and service in the State of Florida east of the Apalachicola River. Environmental Products Group is the only factory authorized sales and service center for Elgin products, parts and service in this area. This statement is submitted on behalf of Federal Signal Corporation, Elgin Sweeper Company and Environmental Products Group. If you have any questions or concerns regarding this matter, please do not hesitate to call me. Sincerely, Richard Murray Regional Sales Manager Elgin Sweeper Company (630)-659-5673 rmurray@fsepg.com 8111 Lyndale Avenue South, Bloomington, Minnesota 55420-1196 ▪ Phone 952-888-8801 ▪ www.thetorocompany.com ▪ Fax 952/887-8258 October 17, 2023 Yvette Clanton City of Clearwater 1900 Grand Ave. Clearwater, FL 33765 Dear Yvette Clanton, This letter is to inform you that Wesco Turf, Inc. at 2101 Cantu Court, Sarasota, FL (941-377-6777) is the single source distributor for Toro commercial turf equipment, parts and service and Toro golf course irrigation products for your geographic area. If you have any questions, please contact me. Sincerely, Troy von Holdt Troy von Holdt District Sales Manager-Sports Fields and Grounds The Toro Company Commercial Products Division The Toro Company Home Logged In As AEWILLIA Help LogoutFavoritesSettingsWorklist 9 Negotiations > Simple Search > RFQ: 7522,1 > Quote History (RFQ 7522,1) > Quote: 10686 (RFQ 7522,1)8 Unread Messages Actions Online Discussions Go Title RFP No. 7522: Automotive Parts, Services, Repair, and Maintenance Time Left 0 seconds Quote Style Blind Quote Currency USD Contact Johnson, Kevin Suppliers' Quote Number Quote Status Active Note to Buyer Close Date 26-Mar-2020 19:21:40 Ranking Price Only Supplier Environmental Products Group Inc dba Supplier Site Quote Valid Until Shortlist Status Included Attachments Title Type Description Category Last Updated Usage Update Delete No results found. Requirements Show All Details | Hide All Details Details Section Maximum Score Score Section A - Profile 0 0 Requirements Target Value Quote Value Maximum Score Score ENVIRONMENTAL PRODUCTS GROUP 59-3757718 2525 CLARCONA ROAD APOPKA, FL. 32703 407-798-0004 kjohnson@myepg.com Florida, 11/16/2001 2001 2525 CLARCONA ROAD APOPKA, FL. 32703 407-798-0004 KEVIN JOHNSON PARTS MANAGER O 407-798-0004 EXT 5130 C 706-816-8987 66 19 CORPORATION YES 0 NO 0 We are a factory trained Elgin and Vactor Sales, parts, and service dealer Section B - Requirements 0 0 Requirements Target Value Quote Value Maximum Score Score YES 0 YES 0 1. Company name (full legal name). 2. Federal identification number. 3. Street address, P.O. Box, state, zip code, telephone and email. 4. Company ownership. If incorporated, the state and date of incorporation. 5. Year the company was founded. 6. Address and phone number of the office providing the supplies. 7. Name, phone number and title of the authorized representative. 8. Number of employees. 9. Number of years company has been in present business providing these goods. 10. Type of business organization (sole proprietorship, partnership, corporation, limited liability company). 11. Is the bidder registered with the Florida Department of State, Division of Corporations (Sunbiz)? (Y/N) 12. Is the bidder a City certified SBE? (Y/N) 13. List Company background and relevant experience that qualifies Offeror to provide the services described in this solicitation, please include employees with ASE Certifications or other necessary certifications. 1. Bid Acceptances Period Unless otherwise specified herein, the bidder confirms that prices will remain firm for a period of ninety (90) days. (Y/N) 2. Warranty Requisitions Initiatives Negotiations Orders Agreements Deliverables Suppliers Awards IDVs Page 1 of 3Quote: 10686 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... YES 0 NO 0 No 0 Yes 0 1-5 days Not Applicable 0 Section C - Public Records Laws 0 0 Requirements Target Value Quote Value Maximum Score Score YES 0 NO 0 Section D - Exceptions 0 0 Requirements Target Value Quote Value Maximum Score Score YES NA Section E - Proposal 0 0 Requirements Target Value Quote Value Maximum Score Score NA NA The bidder fully warrants all material, equipment and services against poor and inferior quality or workmanship for a period of not less than one (1) year from date of final acceptance. Copies or descriptions of all manufacturer’s(s’) warranties shall accompany bid for the item(s) proposed. The description(s) shall include the length and scope of the warranties. (Y/N) 3. F.O.B. Destination The bidder certifies that all prices are quoted F.O.B. destination. All shipping, handling and freight charges must be shown separately. (Y/N) 4. Cash Discount Will you offer 2%10 days discount to the stated payment term? (Y/N) 5. Large Order Discount Will you offer an addtional discount for large single orders over a specified dollar amount? 6. Price Breaks Will your firm offer quantity price breaks? 7. Delivery Time The bidder shall state in the space provided the delivery time in days from receipt of order. 8. Insurance Addtional Required Insurance for Services: 1,000,000 per vehicle, $2,000,000 per occurrence Garagekeepers Legal Liability coverage. Please confirm your ability to obtain the above insurance coverage. Please respond yes or no to the questions below. 1. The bidder acknowledges that its bid is subject to Public Records laws (Chapter 119, Florida Statutes). (Y/N) 2. Has the bidder identified any trade secrets or confidential information in its proposal? (Y/N) 1. The bidder certifies that it takes no exceptions to the terms and conditions of the solicitation. (Y/N) 1. If exceptions are taken, specify in the space provided. 1. Diversity and Sustainability Please describe any diversity and sustainability programs your company currently has. 2. Innovation and Improvements In this section, please explain any innovative ideas or new concepts you Page 2 of 3Quote: 10686 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Copyright (c) 1998, 2017, Oracle and/or its affiliates. All rights reserved.Privacy Statement Total WE ARE THE SOLE SOURCE PROVIDER FOR ELGIN AND VACTOR PARTS AND EQUIPMENT IN CENTRAL FLORIDA NO NA 0 0 Contract Terms Variables Details Section Clause Variable Description Value No variables found. Deliverables Indicates deliverable is overdue Indicates responsible party failed to perform the deliverable Deliverable Name Due Date Status Alert Update No Deliverables found. Lines TIP All prices are in USD. Quote Total (USD)95.00 Show All Details | Hide All Details Details Line Ship- To Rank Start Price Target Price Quote Price Unit Target Quantity Quote Quantity Need-By Date Promised Date Line Total Active Quotes 1Automotive Services, Repair, and Maintenance Enter $1 FLEET 40 85.00 EACH 1 1 26-Mar-2021 09:37:29 85.00 41 2Automotive Replacement Parts and Accessories. Enter $1 FLEET 41 10.00 EACH 1 1 26-Mar-2021 09:37:33 10.00 41 Return to Quote History (RFQ 7522,1)Actions Online Discussions Go would like to include as part of this proposal as described in Appendix A, section 5. 3. Customer Service Include a description of all unique services and features your firm offers that would be applicable to the Agreement. 4. On-Line Capabilities Does your firm offer on-line order tracking, expediting, rebates, sales history, invoices and inventory lists? 5. Recycling and Disposal Please give us a brief description of your recycling and disposal services. Page 3 of 3Quote: 10686 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Appendix B1: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Parts Procurement and Supply Management Manufacturer Type or Category OEM or After Market Brand Document Name & Date Price List Discount 1 Anco AMB NALP 12/2019 58% 2 Amalie AMB NALP 012020 50% 3 Bendix AMB HD List Price 01/2020 40% 4 Buyers Products AMB List 12/1/19 30%5 Cole Hersee AMB List 12/2019 50% 6 Gates AMB HD List Price 1/2020 50% 7 Gates Hydrulic AMB HD List Price 1/2020 57% 8 Gojo AMB Gojo 12/2019 50% 9 Grote Hardware AMB H12 H14 8/19 40% 10 Kit Master AMB 2020 List Price 46% 11 Truck Air AMB ALP 12/2019 50% 12 Moog AMB Moog 2020 List Price 57.50% 13 Permatex AMB LP 12/2009 55% 14 Radator Specilist AMB NALP 1/30/19 58% 15 Raybestos AMB List Price 2/2020 55% 16 Standard Motor Products AMB LP 2/2020 56% 17 Stemco AMB SLP 2/20 48% 18 Truck Lite AMB LPTLC012020 65% 19 Triangle Spring AMB TSS 3/2020 58% 20 UCX AMB UCX LP/2020 50.50% 21 Walker Exhaust AMB WE1219LP 50% 22 Wix Filters AMB 3/19/2015 83% 23 Gunite AMB HD Price 8/19 62% 24 Grote AMB H15 H21 8/1/19 49% 25 Haldex AMB HD Aftermarket 2/20 50% 26 Timken AMB HD Price 01/20 50% 27 Global Parts Network AMB 10 FCX 02/20 55.50% 28 National Seal AMB 510 SM 02/19 62% 29 Meritor AMB HD Price 02/20 52%30 % 11 12 Delivery cost: $ _________None______ Delivery shall be made within (__________ days) ( ______2______ hours) after reciept of purchase order. Use the space below to list any additional manufacturers or categories: In the spaces below please specify the manufacturer of the equipment for which you are willing and capable of providing on a pick-up and/or delivery basis, specify the percentage off of the price list. The successful contractor(s) are required to provide the manufacturer's part price list via a website location (preferred) and/or CD. Discount applies to Original Equipment Manufacturer (OEM) and after market brands (AMB). After market brands must be noted as such in column below. Contractor shall complete this form digitally and submit with your bid with supporting documents. Multiple percentage discount structure is also acceptable for price breaks, volume discounts. Please specify where different percentage discounts apply. Pickup shall be made within the hours of _____7:30am and __5:00_ pm Delivery and Pickup Times Appendix B1: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Parts Procurement and Supply Management Manufacturer Type or Category OEM or After Market Brand Document Name & Date Price List Discount 12 Pick-Up Location:where ever customer specifies or Fleet Products 12800 34th Street North, Clearwater FL 33762 Appendix B1: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Parts Procurement and Supply Management Website Address of Price List https://ancowipers.com/ http://www.amalie.com/ https://www.bendix.com/en/ https://www.buyersproducts.com/https://www.littelfuse.com/industries/commercial-vehicle/cole-hersee.aspx https://www.gatesautocat.com/ https://www.gates.com/us/en/fluid-power/hydraulic-hose-and-couplings.html https://www.gojo.com/ https://www.grote.com/ https://kit-masters.com/ http://www.meicorporation.com/ https://www.moogparts.com/ https://www.permatex.com/ https://gunk.com/ https://www.brakepartsinc.com/raybestos.html https://www.smpcorp.com/en http://www.stemco.com/ https://www.truck-lite.com/ https://www.triangleusa.com/ https://www.ucx.com/ https://www.walkerexhaust.com/ https://www.wixfilters.com/ https://www.accuridecorp.com/products/brake-drums https://www.grote.com/ https://www.haldex.com/en/North-America/ https://www.timken.com/ https://www.globalpartsnetwork.com/ https://www.timken.com/products/timken-mechanical-power-transmission-products/seals/oil-seals/ https://www.meritor.com/ In the spaces below please specify the manufacturer of the equipment for which you are willing and capable of providing on a pick-up and/or delivery basis, specify the percentage off of the price list. The successful contractor(s) are required to provide the manufacturer's part price list via a website location (preferred) and/or CD. Discount applies to Original Equipment Manufacturer (OEM) and after market brands (AMB). After market brands must be noted as such in column below. Contractor shall complete this form digitally and submit with your bid with supporting documents. Multiple percentage discount structure is also acceptable for price breaks, volume discounts. Please specify where different percentage discounts apply. Pickup shall be made within the hours of _____7:30am and __5:00_ pm Appendix B1: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Parts Procurement and Supply Management Website Address of Price List Appendix B3: RFP No. 7522 Automotive Parts City of St. Petersburg Bid Form Sample List Pricing Procurement and Supply Management Item Make/Model QTY UOM Price Price, Extended 1 Battery, 24F-60, Group 24F, 525 CCA Fleet Power 24F21 8 EA 66.81 $534.482Battery, 26-60, Group 26, 525 CCA Fleet Power 2622 18 EA 64.41 $1,159.383Battery, 27F-HD, Group 27F, 700 CCA Fleet Power 27F24 5 EA 87.63 $438.15 4 Battery, 34-60, Group 34, 630 CCA Fleet Power 3425 38 EA 78.58 $2,986.045Battery, 35-60, Group 35, 525 CCA Fleet Power 3520 7 EA 69.21 $484.476Battery, 40R-60, Group 40R, 590 CCA Fleet Power 40R25 14 EA 91.95 $1,287.307Battery, 48-60, Group 48, 560 CCA Fleet Power 4826D 28 EA 94.08 $2,634.24 8 Battery, 51-60, Group 51, 450 CCA Fleet Power 5123 5 EA 67.81 $339.059Battery, 65-72, Group 65, 850 CCA Fleet Power 6529 241 EA 78.75 $18,978.7510Battery, 75-72, Group 75, 630 CCA Fleet Power 7525 22 EA 74.2 $1,632.40 11 Battery, 8D-30, Group 8D, 1100 CCA Fleet Power 8D37 9 EA 179.1 $1,611.90 12 Battery, 94R-60, Group 94R, 730 CCA Fleet Power 94R29 10 EA 120.94 $1,209.4013Battery, 96R-60, Group 96R, 590 CCA Fleet Power 96R29 23 EA 88.29 $2,030.6714Battery, MP31, Group 31A, 950 CCA Fleet Power HDA31 18 EA 114.61 $2,062.98 15 Battery, MS31, Group 31c, 950 CCA Fleet Power HD31 146 EA 96.88 $14,144.4816Battery, Side model 630 Fleet Power 7525 1 EA 74.2 $74.2017Battery, U1L-20, Groupl U1L, 235 CCA Fleet Power U1LS4 36 EA 40.35 $1,452.6018Belt, Engine, Kenworth -K080685 Gates K080685 1 EA 32.39 $32.39 19 Belt, Serpentine 5075M Gates K060956 1 EA 21.05 $21.0520Bit, drill 29/64 IN.Norse 09451 10 EA 5.35 $53.5021Bit, Drill 13/64 IN Norse 09292 3 EA 1.36 $4.0822Blade, TORO 5910 (PACK OF 11)Stens 302-694 33 EA 174.98 $5,774.34 23 Blade, Toro 5910 (PACK OF 11)Stens 302-694 22 EA 174.98 $3,849.5624Bulb, Amber 4412A Wagner 4412A 4 EA 6.71 $26.8425Clamp, hose # 10 Ideal 5010 12 EA 0.71 $8.5226Clamp, hose # 12 Ideal 5012 12 EA 0.73 $8.76 27 Clamp, Hose # 16 Ideal 5016 20 EA 0.79 $15.8028Clamp, hose # 4 Ideal 6204 12 EA 0.26 $3.1229Clamp, hose # 6 Ideal 5006 12 EA 0.71 $8.52 30 Clamp, Hose # 8 Ideal 5008 12 EA 0.71 $8.52 31 Cleaner, Armour All 16OZ Armorall 10160 6 Can 6.83 $40.9832Cleaner, Brake Non-Chor Radiator Spec M705 48 Can 2.35 $112.8033Filer, Air Freightliner-42812 Wix 42812 1 EA 50.46 $50.46 34 Filter, Air 2012 Impala 49288 Wix 49288 5 EA 11.56 $57.8035Filter, Air 6.0 Ford -42731 Wix 42731 3 EA 26.74 $80.2236Filter, Air Caterpiller-46607 Wix 46607 2 EA 24.36 $48.7237Filter, Hydraulic John Deere F1145 Wix 51586 2 EA 12.82 $25.64 38 Filter, Pre BR420 Stens 102-412 8 EA 3.99 $31.9239Fitting, 43 Ser - NPTF PIPE RIGID, 10143-12-12 Gates G25100-1212 9 EA 9.1 $81.9040Fitting, 43 SER - FEM JIC SWV, 10643-12-12 Gates G25170-1212 189 EA 11.41 $2,156.4941Fitting, 43 SER - FEM JIC SWV, 10643-16-16 Gates G25170-16116 219 EA 21.16 $4,634.04 42 Fitting, 43 SER - FEM JIC SWV, 10643-4-4 Gates G25170-0404 29 EA 4.44 $128.7643Fitting, 43 SER - M NPTF PIPE RIGID, 10143-20-20 Gates G25100-2020 14 EA 34.15 $478.1044Fitting, 43 SER - M NPTF PIPE RIGID, 10143-6-6 Gates G25100-0606 3 EA 4.39 $13.1745Fitting, 43 SER - M NPTF PIPE RIGID, 10143-8-8 Gates G25100-0808 7 EA 5.03 $35.21 46 Fitting, 43 SER - M NPTF PIPE RIGID,10143-16-16 Gates G25100-1616 6 EA 16.55 $99.3047Fitting, 43 SER - MALE JIC RIGID, 10343-12-12 Gates G25165-1212 165 EA 10.06 $1,659.9048Fitting, 43 SER - MALE JIC RIGID, 10343-16-16 Gates G25165-1616 24 EA 19.26 $462.24 49 Fitting, 43 SER - MALE JIC RIGID, 10343-4-4 Gates G25165-0404 7 EA 4.89 $34.23 50 Fitting, 43 SER - MALE JIC RIGID, 10343-8-8 Gates G25165-0808 30 EA 6.43 $192.9051Fliter, Hydrolic Toro 7200 Wix 51586 8 EA 12.82 $102.5652Fluid, ATF Dextron VI Amalie 72876 6 QT 4.3 $25.80 53 Fluid, Exhaust Diesel Peak DEF003 20 Gal 3.79 $75.80 54 Fluid, Transmission ATF+4 Amalie 62886 7 QT 4.08 $28.5655Freon, 134 30 LB Tank Freon M8-31 40 Tank 102.5 $4,100.00 In the spaces below please specify the Make and/or Model of the equipment for which you are willing and capable of providing on a pick-up and/or delivery basis and specify the price. The quantity listed is an estimated annual usage. Vendor shall complete this form digitally and submit with your bid with supporting documents. Appendix B3: RFP No. 7522 Automotive Parts City of St. Petersburg Bid Form Sample List Pricing Procurement and Supply Management Item Make/Model QTY UOM Price Price, Extended 56 Hose, Fuel 7/16IN Gates 27005 14 FT 0.94 $13.1657Hose, Heater 3/4" Silicone Gates 26241 10 FT 5.39 $53.90 58 Hose, HYD 2/WIRE 5000 PSI 3/8", 471TC-6-RL Gates 70391 765 FT 3.46 $2,646.90 59 Hose, HYD 2/WIRE 3625 PSI 5/8", 471TC-10-RL Gates 70393 300 FT 4.7 $1,410.0060Hose, HYD 2/WIRE 4250 PSI 1/2", 471TC-8-RL Gates 70392 820 FT 3.96 $3,247.2061Hose, HYD HOSE 2/WIRE 2500 PSI 1", 471TC-16-RL Gates 70395 240 FT 8.13 $1,951.20 62 Hose, HYD HOSE 2/WIRE 3125 PSI 3/4" 471TC-12-RL Gates 70394 750 FT 6.69 $5,017.50 63 Hose, HYD HOSE 2/WIRE 4250 PSI 1/2", 471TC-8-RL Gates 70392 800 FT 3.96 $3,168.0064Hose, Hydrolic # 10 n/a 20 FT $0.0065Hose, Hydrolic #10 n/a 10 FT $0.00 66 Hose, Hydrolic #20 n/a 10 FT $0.0067Hose, Power Steering 5/8 Gates 70195 10 FT 6.4 $64.0068Hose, Power Steering 7/8 Gates 85696 25 FT 7.96 $199.0069Hose, Smooth Bore, PTFE 919-10 Gates 85704 400 FT 9.51 $3,804.00 70 Light, Head Light, Halogen H6054 Wagner H6054 3 EA 6.03 $18.0971Oil, AC Quiet FJC 9159 12 EA 4 $48.0072Oil, Gear 85-140 Amalie 73156 5 QT 3.74 $18.7073Oil, Gear 85-140 QT HP Valvoline VV825 5 QT 5.74 $28.70 74 Oil, Penatrating WD-40 WD 40 490857 6 QT 5.68 $34.0875Pads, Brake, 13+ Intercepteor Rear Raybestos SP1612PPH 2 EA 33.96 $67.9276Paint, spray gloss black. Krylon 1601 10 Can 5.35 $53.5077Plug, Spark NGK BPMR7A NGK 6703 8 EA 1.64 $13.12 78 Roter, Brake rear, Altima 17 Raybestos 980070 2 EA 36.06 $72.1279Starter, 6.4L Diesel, Ford Wilson 91-02-5926 1 EA 142.28 $142.2880Tape, Teflon 1/2 inch Alpine TT50 1 EA 1.24 $1.24 81 Tire, 11R22.5 GDY Fuel Max n/a 8 EA $0.00 82 Tire, 15X6.00-6 straight rib, n/a 74 EA $0.0083Tire, 215/55R16, Assurance All-Season VSB 93 H SL n/a 11 EA $0.0084Tire, 235/55R17 RSA Crown VIC n/a 10 EA $0.00 85 Tire, 23X10.50-12, Turf Trac R/S BW 4 n/a 20 EA $0.0086Tire, 23X10.50-12NHS/4, Turf Trac R/S BW 4 n/a 21 EA $0.0087Tire, 23X8.50-12NHS, Multi-Trac n/a 10 EA $0.0088Tire, 24X12.00-10NHS/4, Turf Trac R/S BW 4 n/a 8 EA $0.00 89 Tire, 24X12.00-12, Turf-Master NHS BW 4 n/a 34 EA $0.0090Tire, 255/70R17, Wrangler Fortitude HT OWL 112 T n/a 64 EA $0.0091Tire, 29X12.50-15, Multi-Trac C/S BW 10 n/a 13 EA $0.0092Tire, 315/80R22.5, G291 BW 157 K20 n/a 673 EA $0.00 93 Tire, LT245/75R17, Wrangler SR-A OWL 121 R 10 E n/a 116 EA $0.0094Tire, P235/55R17, Eagle RS-A Police VSB 98 W SL n/a 90 EA $0.0095Tire, ST205/75D14, Sport Trail LH BW 6 n/a 12 EA $0.0096Tire, ST205/75D15, Sport Trail LH BW 6 n/a 63 EA $0.00 97 Tire, ST225/75D15, Sport Trail LH BW 8 n/a 122 EA $0.0098Tubing, Vacuum/wiper 7/64 Gates 27041 9 FT 0.2 $1.8099Wheel, cut-off 1/32 IN.3M 01987 18 EA 1.68 $30.24 100 Wiper, Colorado 18 Inch Anco 31-18 10 EA 2.75 $27.50 Grand Total $99,765.14 Delivery and Pickup Times 11 12 Delivery cost: $ ___None____________ Delivery shall be made within (__________ days) ( _____2_______ hours) after reciept of purchase order. Pickup shall be made within the hours of 7:30 am and 5:00 pm Appendix B3: RFP No. 7522 Automotive Parts City of St. Petersburg Bid Form Sample List Pricing Procurement and Supply Management Item Make/Model QTY UOM Price Price, Extended 12 Pick-Up Location: where ever customer specifies or Fleet Products 12800 34th Street North, Clearwater FL 33762 Appendix B3: RFP No. 7522 Automotive Parts City of St. Petersburg Bid Form Sample List Pricing Procurement and Supply Management Item Make/Model QTY UOM Price Price, Extended 1 Battery, 24F-60, Group 24F, 525 CCA Fleet Power 24F21 8 EA 66.81 $534.482Battery, 26-60, Group 26, 525 CCA Fleet Power 2622 18 EA 64.41 $1,159.383Battery, 27F-HD, Group 27F, 700 CCA Fleet Power 27F24 5 EA 87.63 $438.15 4 Battery, 34-60, Group 34, 630 CCA Fleet Power 3425 38 EA 78.58 $2,986.045Battery, 35-60, Group 35, 525 CCA Fleet Power 3520 7 EA 69.21 $484.476Battery, 40R-60, Group 40R, 590 CCA Fleet Power 40R25 14 EA 91.95 $1,287.307Battery, 48-60, Group 48, 560 CCA Fleet Power 4826D 28 EA 94.08 $2,634.24 8 Battery, 51-60, Group 51, 450 CCA Fleet Power 5123 5 EA 67.81 $339.059Battery, 65-72, Group 65, 850 CCA Fleet Power 6529 241 EA 78.75 $18,978.7510Battery, 75-72, Group 75, 630 CCA Fleet Power 7525 22 EA 74.2 $1,632.40 11 Battery, 8D-30, Group 8D, 1100 CCA Fleet Power 8D37 9 EA 179.1 $1,611.90 12 Battery, 94R-60, Group 94R, 730 CCA Fleet Power 94R29 10 EA 120.94 $1,209.4013Battery, 96R-60, Group 96R, 590 CCA Fleet Power 96R29 23 EA 88.29 $2,030.6714Battery, MP31, Group 31A, 950 CCA Fleet Power HDA31 18 EA 114.61 $2,062.98 15 Battery, MS31, Group 31c, 950 CCA Fleet Power HD31 146 EA 96.88 $14,144.4816Battery, Side model 630 Fleet Power 7525 1 EA 74.2 $74.2017Battery, U1L-20, Groupl U1L, 235 CCA Fleet Power U1LS4 36 EA 40.35 $1,452.6018Belt, Engine, Kenworth -K080685 Gates K080685 1 EA 32.39 $32.39 19 Belt, Serpentine 5075M Gates K060956 1 EA 21.05 $21.0520Bit, drill 29/64 IN.Norse 09451 10 EA 5.35 $53.5021Bit, Drill 13/64 IN Norse 09292 3 EA 1.36 $4.0822Blade, TORO 5910 (PACK OF 11)Stens 302-694 33 EA 174.98 $5,774.34 23 Blade, Toro 5910 (PACK OF 11)Stens 302-694 22 EA 174.98 $3,849.5624Bulb, Amber 4412A Wagner 4412A 4 EA 6.71 $26.8425Clamp, hose # 10 Ideal 5010 12 EA 0.71 $8.5226Clamp, hose # 12 Ideal 5012 12 EA 0.73 $8.76 27 Clamp, Hose # 16 Ideal 5016 20 EA 0.79 $15.8028Clamp, hose # 4 Ideal 6204 12 EA 0.26 $3.1229Clamp, hose # 6 Ideal 5006 12 EA 0.71 $8.52 30 Clamp, Hose # 8 Ideal 5008 12 EA 0.71 $8.52 31 Cleaner, Armour All 16OZ Armorall 10160 6 Can 6.83 $40.9832Cleaner, Brake Non-Chor Radiator Spec M705 48 Can 2.35 $112.8033Filer, Air Freightliner-42812 Wix 42812 1 EA 50.46 $50.46 34 Filter, Air 2012 Impala 49288 Wix 49288 5 EA 11.56 $57.8035Filter, Air 6.0 Ford -42731 Wix 42731 3 EA 26.74 $80.2236Filter, Air Caterpiller-46607 Wix 46607 2 EA 24.36 $48.7237Filter, Hydraulic John Deere F1145 Wix 51586 2 EA 12.82 $25.64 38 Filter, Pre BR420 Stens 102-412 8 EA 3.99 $31.9239Fitting, 43 Ser - NPTF PIPE RIGID, 10143-12-12 Gates G25100-1212 9 EA 9.1 $81.9040Fitting, 43 SER - FEM JIC SWV, 10643-12-12 Gates G25170-1212 189 EA 11.41 $2,156.4941Fitting, 43 SER - FEM JIC SWV, 10643-16-16 Gates G25170-16116 219 EA 21.16 $4,634.04 42 Fitting, 43 SER - FEM JIC SWV, 10643-4-4 Gates G25170-0404 29 EA 4.44 $128.7643Fitting, 43 SER - M NPTF PIPE RIGID, 10143-20-20 Gates G25100-2020 14 EA 34.15 $478.1044Fitting, 43 SER - M NPTF PIPE RIGID, 10143-6-6 Gates G25100-0606 3 EA 4.39 $13.1745Fitting, 43 SER - M NPTF PIPE RIGID, 10143-8-8 Gates G25100-0808 7 EA 5.03 $35.21 46 Fitting, 43 SER - M NPTF PIPE RIGID,10143-16-16 Gates G25100-1616 6 EA 16.55 $99.3047Fitting, 43 SER - MALE JIC RIGID, 10343-12-12 Gates G25165-1212 165 EA 10.06 $1,659.9048Fitting, 43 SER - MALE JIC RIGID, 10343-16-16 Gates G25165-1616 24 EA 19.26 $462.24 49 Fitting, 43 SER - MALE JIC RIGID, 10343-4-4 Gates G25165-0404 7 EA 4.89 $34.23 50 Fitting, 43 SER - MALE JIC RIGID, 10343-8-8 Gates G25165-0808 30 EA 6.43 $192.9051Fliter, Hydrolic Toro 7200 Wix 51586 8 EA 12.82 $102.5652Fluid, ATF Dextron VI Amalie 72876 6 QT 4.3 $25.80 53 Fluid, Exhaust Diesel Peak DEF003 20 Gal 3.79 $75.80 54 Fluid, Transmission ATF+4 Amalie 62886 7 QT 4.08 $28.5655Freon, 134 30 LB Tank Freon M8-31 40 Tank 102.5 $4,100.00 In the spaces below please specify the Make and/or Model of the equipment for which you are willing and capable of providing on a pick-up and/or delivery basis and specify the price. The quantity listed is an estimated annual usage. Vendor shall complete this form digitally and submit with your bid with supporting documents. Appendix B3: RFP No. 7522 Automotive Parts City of St. Petersburg Bid Form Sample List Pricing Procurement and Supply Management Item Make/Model QTY UOM Price Price, Extended 56 Hose, Fuel 7/16IN Gates 27005 14 FT 0.94 $13.1657Hose, Heater 3/4" Silicone Gates 26241 10 FT 5.39 $53.90 58 Hose, HYD 2/WIRE 5000 PSI 3/8", 471TC-6-RL Gates 70391 765 FT 3.46 $2,646.90 59 Hose, HYD 2/WIRE 3625 PSI 5/8", 471TC-10-RL Gates 70393 300 FT 4.7 $1,410.0060Hose, HYD 2/WIRE 4250 PSI 1/2", 471TC-8-RL Gates 70392 820 FT 3.96 $3,247.2061Hose, HYD HOSE 2/WIRE 2500 PSI 1", 471TC-16-RL Gates 70395 240 FT 8.13 $1,951.20 62 Hose, HYD HOSE 2/WIRE 3125 PSI 3/4" 471TC-12-RL Gates 70394 750 FT 6.69 $5,017.50 63 Hose, HYD HOSE 2/WIRE 4250 PSI 1/2", 471TC-8-RL Gates 70392 800 FT 3.96 $3,168.0064Hose, Hydrolic # 10 n/a 20 FT $0.0065Hose, Hydrolic #10 n/a 10 FT $0.00 66 Hose, Hydrolic #20 n/a 10 FT $0.0067Hose, Power Steering 5/8 Gates 70195 10 FT 6.4 $64.0068Hose, Power Steering 7/8 Gates 85696 25 FT 7.96 $199.0069Hose, Smooth Bore, PTFE 919-10 Gates 85704 400 FT 9.51 $3,804.00 70 Light, Head Light, Halogen H6054 Wagner H6054 3 EA 6.03 $18.0971Oil, AC Quiet FJC 9159 12 EA 4 $48.0072Oil, Gear 85-140 Amalie 73156 5 QT 3.74 $18.7073Oil, Gear 85-140 QT HP Valvoline VV825 5 QT 5.74 $28.70 74 Oil, Penatrating WD-40 WD 40 490857 6 QT 5.68 $34.0875Pads, Brake, 13+ Intercepteor Rear Raybestos SP1612PPH 2 EA 33.96 $67.9276Paint, spray gloss black. Krylon 1601 10 Can 5.35 $53.5077Plug, Spark NGK BPMR7A NGK 6703 8 EA 1.64 $13.12 78 Roter, Brake rear, Altima 17 Raybestos 980070 2 EA 36.06 $72.1279Starter, 6.4L Diesel, Ford Wilson 91-02-5926 1 EA 142.28 $142.2880Tape, Teflon 1/2 inch Alpine TT50 1 EA 1.24 $1.24 81 Tire, 11R22.5 GDY Fuel Max n/a 8 EA $0.00 82 Tire, 15X6.00-6 straight rib, n/a 74 EA $0.0083Tire, 215/55R16, Assurance All-Season VSB 93 H SL n/a 11 EA $0.0084Tire, 235/55R17 RSA Crown VIC n/a 10 EA $0.00 85 Tire, 23X10.50-12, Turf Trac R/S BW 4 n/a 20 EA $0.0086Tire, 23X10.50-12NHS/4, Turf Trac R/S BW 4 n/a 21 EA $0.0087Tire, 23X8.50-12NHS, Multi-Trac n/a 10 EA $0.0088Tire, 24X12.00-10NHS/4, Turf Trac R/S BW 4 n/a 8 EA $0.00 89 Tire, 24X12.00-12, Turf-Master NHS BW 4 n/a 34 EA $0.0090Tire, 255/70R17, Wrangler Fortitude HT OWL 112 T n/a 64 EA $0.0091Tire, 29X12.50-15, Multi-Trac C/S BW 10 n/a 13 EA $0.0092Tire, 315/80R22.5, G291 BW 157 K20 n/a 673 EA $0.00 93 Tire, LT245/75R17, Wrangler SR-A OWL 121 R 10 E n/a 116 EA $0.0094Tire, P235/55R17, Eagle RS-A Police VSB 98 W SL n/a 90 EA $0.0095Tire, ST205/75D14, Sport Trail LH BW 6 n/a 12 EA $0.0096Tire, ST205/75D15, Sport Trail LH BW 6 n/a 63 EA $0.00 97 Tire, ST225/75D15, Sport Trail LH BW 8 n/a 122 EA $0.0098Tubing, Vacuum/wiper 7/64 Gates 27041 9 FT 0.2 $1.8099Wheel, cut-off 1/32 IN.3M 01987 18 EA 1.68 $30.24 100 Wiper, Colorado 18 Inch Anco 31-18 10 EA 2.75 $27.50 Grand Total $99,765.14 Delivery and Pickup Times 11 12 Delivery cost: $ ___None____________ Delivery shall be made within (__________ days) ( _____2_______ hours) after reciept of purchase order. Pickup shall be made within the hours of 7:30 am and 5:00 pm Appendix B3: RFP No. 7522 Automotive Parts City of St. Petersburg Bid Form Sample List Pricing Procurement and Supply Management Item Make/Model QTY UOM Price Price, Extended 12 Pick-Up Location: where ever customer specifies or Fleet Products 12800 34th Street North, Clearwater FL 33762 Home Logged In As AEWILLIA Help LogoutFavoritesSettingsWorklist 9    Negotiations > Simple Search > RFQ: 7522,1 > Quote History (RFQ 7522,1) > Quote: 10681 (RFQ 7522,1)8 Unread Messages Actions Online Discussions Go Title RFP No. 7522: Automotive Parts, Services, Repair, and Maintenance Time Left 0 seconds Quote Style Blind Quote Currency USD Contact Hosford, Steve Suppliers' Quote Number Quote Status Active Note to Buyer Close Date 26-Mar-2020 19:21:40 Ranking Price Only Supplier Bay Area Truck Sales Inc dba Supplier Site Quote Valid Until Shortlist Status Included Attachments Title Type Description Category Last Updated Usage Update Delete Appendix B1 Bi…File Appendix B1 Bi…From Supplier 25-Mar-2020 One-Time Appendix B2 Bi…File Appendix B2 Bi…From Supplier 25-Mar-2020 One-Time Appendix B3 Sa…File Appendix B3 Sa…From Supplier 25-Mar-2020 One-Time Requirements Show All Details | Hide All Details Details Section Maximum Score Score Section A - Profile 0 0 Requirements Target Value Quote Value Maximum Score Score Bay Area Truck Sales DBA Kenworth of Central Florida 59-3321113 6905 E Dr Martin Luther King BLVD Tampa FL 33619 813-623-2834 Clayon.Carter@kwcp.net Inc. Florida 7-1-1995 7-1-1995 same Clayon Carter 813-623-2834 65 25 years Corp YES 0 NO 0 see attached 1. Company name (full legal name). 2. Federal identification number. 3. Street address, P.O. Box, state, zip code, telephone and email. 4. Company ownership. If incorporated, the state and date of incorporation. 5. Year the company was founded. 6. Address and phone number of the office providing the supplies. 7. Name, phone number and title of the authorized representative. 8. Number of employees. 9. Number of years company has been in present business providing these goods. 10. Type of business organization (sole proprietorship, partnership, corporation, limited liability company). 11. Is the bidder registered with the Florida Department of State, Division of Corporations (Sunbiz)? (Y/N) 12. Is the bidder a City certified SBE? (Y/N) 13. List Company background and relevant experience that qualifies Offeror to provide the services described in this solicitation, please include employees with ASE Certifications or other necessary certifications. Requisitions Initiatives Negotiations Orders Agreements Deliverables Suppliers Awards IDVs Page 1 of 4Quote: 10681 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Section B - Requirements 0 0 Requirements Target Value Quote Value Maximum Score Score YES 0 YES 0 YES 0 NO 0 No 0 No 0 1 day Yes 0 Section C - Public Records Laws 0 0 Requirements Target Value Quote Value Maximum Score Score YES 0 NO 0 Section D - Exceptions 0 0 Requirements Target Value Quote Value Maximum Score Score 1. Bid Acceptances Period Unless otherwise specified herein, the bidder confirms that prices will remain firm for a period of ninety (90) days. (Y/N) 2. Warranty The bidder fully warrants all material, equipment and services against poor and inferior quality or workmanship for a period of not less than one (1) year from date of final acceptance. Copies or descriptions of all manufacturer’s(s’) warranties shall accompany bid for the item(s) proposed. The description(s) shall include the length and scope of the warranties. (Y/N) 3. F.O.B. Destination The bidder certifies that all prices are quoted F.O.B. destination. All shipping, handling and freight charges must be shown separately. (Y/N) 4. Cash Discount Will you offer 2%10 days discount to the stated payment term? (Y/N) 5. Large Order Discount Will you offer an addtional discount for large single orders over a specified dollar amount? 6. Price Breaks Will your firm offer quantity price breaks? 7. Delivery Time The bidder shall state in the space provided the delivery time in days from receipt of order. 8. Insurance Addtional Required Insurance for Services: 1,000,000 per vehicle, $2,000,000 per occurrence Garagekeepers Legal Liability coverage. Please confirm your ability to obtain the above insurance coverage. Please respond yes or no to the questions below. 1. The bidder acknowledges that its bid is subject to Public Records laws (Chapter 119, Florida Statutes). (Y/N) 2. Has the bidder identified any trade secrets or confidential information in its proposal? (Y/N) Page 2 of 4Quote: 10681 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Total No exceptions N/A Section E - Proposal 0 0 Requirements Target Value Quote Value Maximum Score Score None None N/A We offer on-lne oder tracking, expediting, sales history and invoices. In Shop only. 0 0 Contract Terms Variables Details Section Clause Variable Description Value No variables found. Deliverables Indicates deliverable is overdue Indicates responsible party failed to perform the deliverable Deliverable Name Due Date Status Alert Update No Deliverables found. Lines TIP All prices are in USD. Quote Total (USD)2.00 Show All Details | Hide All Details Details Line Rank Unit 1. The bidder certifies that it takes no exceptions to the terms and conditions of the solicitation. (Y/N) 1. If exceptions are taken, specify in the space provided. 1. Diversity and Sustainability Please describe any diversity and sustainability programs your company currently has. 2. Innovation and Improvements In this section, please explain any innovative ideas or new concepts you would like to include as part of this proposal as described in Appendix A, section 5. 3. Customer Service Include a description of all unique services and features your firm offers that would be applicable to the Agreement. 4. On-Line Capabilities Does your firm offer on-line order tracking, expediting, rebates, sales history, invoices and inventory lists? 5. Recycling and Disposal Please give us a brief description of your recycling and disposal services. Page 3 of 4Quote: 10681 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Copyright (c) 1998, 2017, Oracle and/or its affiliates. All rights reserved.Privacy Statement Ship- To Start Price Target Price Quote Price Target Quantity Quote Quantity Need- By Date Promised Date Line Total Active Quotes 1Automotive Services, Repair, and Maintenance Enter $1 FLEET 14 1.00 EACH 1 1 1.00 41 2Automotive Replacement Parts and Accessories. Enter $1 FLEET 16 1.00 EACH 1 1 1.00 41 Return to Quote History (RFQ 7522,1)Actions Online Discussions Go Page 4 of 4Quote: 10681 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Appendix B1: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Parts Procurement and Supply Management Manufacturer Type or Category OEM or After Market Brand Document Name & Date Price List Discount Website Address of Price List 1 Autocar 16%See A Below 2 Case % 3 Caterpillar 26%See A Below 4 Chevrolet %5 Elgin % 6 Ford % 7 Freightliner % 8 Harley Davidson % 9 Heil % 10 John Deer Tractor/Gator % 11 Kenworth 17%See A Below 12 KIA % 13 New Holland % 14 Nissan % 15 Peterbuilt % 16 Pierce % 17 Stihl % 18 Toyota % 19 Vactor % 20 Vermeer % 21 Vermeer % 22 % 23 % 24 % 25 % 26 % 27 % 28 % 29 % 30 % 11 12 12 Delivery cost: $ _0.00______________ Pick-Up Location: ____6905 E. Martin Luther King, Tampa, FL 33619 Delivery shall be made within (______1____ days) ( ______4______ hours) after reciept of purchase order. Use the space below to list any additional manufacturers or categories: In the spaces below please specify the manufacturer of the equipment for which you are willing and capable of providing on a pick-up and/or delivery basis, specify the percentage off of the price list. The successful contractor(s) are required to provide the manufacturer's part price list via a website location (preferred) and/or CD. Discount applies to Original Equipment Manufacturer (OEM) and after market brands (AMB). After market brands must be noted as such in column below. Contractor shall complete this form digitally and submit with your bid with supporting documents. Multiple percentage discount structure is also acceptable for price breaks, volume discounts. Please specify where different percentage discounts apply. Pickup shall be made within the hours of __________ _8am and __________ _10:30pm Delivery and Pickup Times A: www.kenworth.com Go to "online Parts Counter City of St. Pete Log in: User name stpete.org Password KWCF2020 Appendix B1: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Parts Procurement and Supply Management Manufacturer Type or Category OEM or After Market Brand Document Name & Date Price List Discount Website Address of Price List Appendix B2: RFP No. 7522 Automotive Services City of St. Petersburg Bid Form Services Procurement and Supply Management No.Manufacturer Equipment Repair Type **UOM Hourly Repair Rate, Regular Hrs. Hourly Repair Rate, After Hrs. % Discount OEM Parts OEM Repairs 1 John Deer Tractor Wheel Loaders, Tractors and Backhoes HR 2 Kenworth Heavy Truck, Sanitation HR $135.00 $135.00 m.u. 15% 3 Peterbuilt Heavy Truck, Sanitation HR $135.00 $135.00 m.u.15% 4 Autocar Heavy Truck, Sanitation HR $135.00 $135.00 m.u.15% 5 Heil Sanitation Collection Vehicles: Body Work, Welding and Painting HR 6 New Holland Tractors: Engine, Transmission, Brake, General Automotive, Suspension, Springs and Axle Repairs HR 7 Chevrolet Cars and Light Trucks: Engine, Transmission, Brake, General Automotive, Suspension, Springs and Axle Repairs HR 8 Caterpillar, Construction Equipment Construction Equipment: Engine, Transmission, Brake, General Automotive, Suspension, Springs, Hydraulics and Axle Repairs HR 9 Pierce Fire Trucks: Engine, Transmission, Brake, General Automotive, Suspension, Springs and Axle Repairs HR $135.00 $135.00 m.u.15% 10 Vermeer Products Stump Grinders, Chippers and Boring Machines HR General Repairs 11 Truck Bodies, Welding, Febrication and Painting HR A-5 Appendix B2: RFP No. 7522 Automotive Services City of St. Petersburg Bid Form Services Procurement and Supply Management12Hydraulic System Repairs for Large Construction Equipment, Sanitation Vehicles and Heavy Trucks HR 13 Transmission Repairs for Heavy Trucks HR $135.00 $135.00 m.u.15% 14 Engine Repairs for Heavy Trucks HR $135.00 $135.00 m.u.15% 15 Suspension, Springs and Axles for Heavy Trucks HR $135.00 $135.00 m.u.15% 16 Brake Repairs HR $135.00 $135.00 m.u.15% 17 Other Repairs, Specify HR 18 Other Repairs, Specify HR 19 Vehicles Pickup & Delivery Charge $95.00 20 Heavy Construction Equipment Pickup & Delivery Charge 21 Warranty: Months: 12Miles:100,000 22 Parts and Labor Warranty: Full:1 Year Pro-Rated:N/a 23 Parts Only Warranty: Full:1Year Pro-Rated:n/a Labor Rates, Warranty and Pickup/Delivery A-6 Appendix B2: RFP No. 7522 Automotive Services City of St. Petersburg Bid Form Services Procurement and Supply Management A-7 Appendix B3: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Sample List Pricing Procurement and Supply Management Item Make/Model QTY UOM Price Price, Extended 1 Battery, 24F-60, Group 24F, 525 CCA 8 EA $0.00 2 Battery, 26-60, Group 26, 525 CCA 18 EA $0.00 3 Battery, 27F-HD, Group 27F, 700 CCA 5 EA $0.00 4 Battery, 34-60, Group 34, 630 CCA 38 EA $0.005Battery, 35-60, Group 35, 525 CCA 7 EA $0.006Battery, 40R-60, Group 40R, 590 CCA 14 EA $0.007Battery, 48-60, Group 48, 560 CCA 28 EA $0.008Battery, 51-60, Group 51, 450 CCA 5 EA $0.00 9 Battery, 65-72, Group 65, 850 CCA 241 EA $0.00 10 Battery, 75-72, Group 75, 630 CCA 22 EA $0.00 11 Battery, 8D-30, Group 8D, 1100 CCA 9 EA $0.00 12 Battery, 94R-60, Group 94R, 730 CCA 10 EA $0.0013Battery, 96R-60, Group 96R, 590 CCA 23 EA $0.0014Battery, MP31, Group 31A, 950 CCA 18 EA $0.0015Battery, MS31, Group 31c, 950 CCA 31G925cexch 146 EA 77.49 $11,313.54 16 Battery, Side model 630 1 EA $0.00 17 Battery, U1L-20, Groupl U1L, 235 CCA 36 EA $0.00 18 Belt, Engine, Kenworth -K080685 1 EA $0.00 19 Belt, Serpentine 5075M D84-1000-608 1 EA 57.44 $57.44 20 Bit, drill 29/64 IN.10 EA $0.0021Bit, Drill 13/64 IN 3 EA $0.0022Blade, TORO 5910 (PACK OF 11)33 EA $0.0023Blade, Toro 5910 (PACK OF 11)22 EA $0.00 24 Bulb, Amber 4412A 4 EA $0.00 25 Clamp, hose # 10 12 EA $0.00 26 Clamp, hose # 12 12 EA $0.00 27 Clamp, Hose # 16 20 EA $0.00 28 Clamp, hose # 4 12 EA $0.0029Clamp, hose # 6 12 EA $0.0030Clamp, Hose # 8 12 EA $0.0031Cleaner, Armour All 16OZ 6 Can $0.00 32 Cleaner, Brake Non-Chor 48 Can $0.00 33 Filer, Air Freightliner-42812 1 EA $0.00 34 Filter, Air 2012 Impala 49288 5 EA $0.00 35 Filter, Air 6.0 Ford -42731 3 EA $0.00 36 Filter, Air Caterpiller-46607 2 EA $0.0037Filter, Hydraulic John Deere F1145 2 EA $0.0038Filter, Pre BR420 8 EA $0.0039Fitting, 43 Ser - NPTF PIPE RIGID, 10143-12-12 9 EA $0.00 40 Fitting, 43 SER - FEM JIC SWV, 10643-12-12 189 EA $0.00 41 Fitting, 43 SER - FEM JIC SWV, 10643-16-16 219 EA $0.00 42 Fitting, 43 SER - FEM JIC SWV, 10643-4-4 29 EA $0.00 43 Fitting, 43 SER - M NPTF PIPE RIGID, 10143-20-20 14 EA $0.0044Fitting, 43 SER - M NPTF PIPE RIGID, 10143-6-6 3 EA $0.0045Fitting, 43 SER - M NPTF PIPE RIGID, 10143-8-8 7 EA $0.0046Fitting, 43 SER - M NPTF PIPE RIGID,10143-16-16 6 EA $0.0047Fitting, 43 SER - MALE JIC RIGID, 10343-12-12 165 EA $0.00 48 Fitting, 43 SER - MALE JIC RIGID, 10343-16-16 24 EA $0.00 49 Fitting, 43 SER - MALE JIC RIGID, 10343-4-4 7 EA $0.00 50 Fitting, 43 SER - MALE JIC RIGID, 10343-8-8 30 EA $0.00 51 Fliter, Hydrolic Toro 7200 8 EA $0.0052Fluid, ATF Dextron VI 6 QT $0.0053Fluid, Exhaust Diesel CB0025 20 Gal 8.16 $163.20 In the spaces below please specify the Make and/or Model of the equipment for which you are willing and capable of providing on a pick-up and/or delivery basis and specify the price. The quantity listed is an estimated annual usage. Vendor shall complete this form digitally and submit with your bid with supporting documents. Appendix B3: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Sample List Pricing Procurement and Supply Management Item Make/Model QTY UOM Price Price, Extended 54 Fluid, Transmission ATF+4 836-92836-56 7 QT 2.89 $20.2355Freon, 134 30 LB Tank R134A30 40 Tank 114.67 $4,586.80 56 Hose, Fuel 7/16IN 14 FT $0.00 57 Hose, Heater 3/4" Silicone 10 FT $0.00 58 Hose, HYD 2/WIRE 5000 PSI 3/8", 471TC-6-RL 765 FT $0.00 59 Hose, HYD 2/WIRE 3625 PSI 5/8", 471TC-10-RL 300 FT $0.0060Hose, HYD 2/WIRE 4250 PSI 1/2", 471TC-8-RL 820 FT $0.0061Hose, HYD HOSE 2/WIRE 2500 PSI 1", 471TC-16-RL 240 FT $0.0062Hose, HYD HOSE 2/WIRE 3125 PSI 3/4" 471TC-12-RL 750 FT $0.0063Hose, HYD HOSE 2/WIRE 4250 PSI 1/2", 471TC-8-RL 800 FT $0.00 64 Hose, Hydrolic # 10 20 FT $0.00 65 Hose, Hydrolic #10 10 FT $0.00 66 Hose, Hydrolic #20 10 FT $0.00 67 Hose, Power Steering 5/8 10 FT $0.0068Hose, Power Steering 7/8 25 FT $0.0069Hose, Smooth Bore, PTFE 919-10 400 FT $0.0070Light, Head Light, Halogen H6054 3 EA $0.0071Oil, AC Quiet 12 EA $0.00 72 Oil, Gear 85-140 5 QT $0.00 73 Oil, Gear 85-140 QT HP 5 QT $0.00 74 Oil, Penatrating WD-40 6 QT $0.00 75 Pads, Brake, 13+ Intercepteor Rear 2 EA $0.0076Paint, spray gloss black. 10 Can $0.0077Plug, Spark NGK BPMR7A 8 EA $0.0078Roter, Brake rear, Altima 17 2 EA $0.0079Starter, 6.4L Diesel, Ford 1 EA $0.00 80 Tape, Teflon 1/2 inch 1 EA $0.00 81 Tire, 11R22.5 GDY Fuel Max 8 EA $0.00 82 Tire, 15X6.00-6 straight rib, 74 EA $0.00 83 Tire, 215/55R16, Assurance All-Season VSB 93 H SL 11 EA $0.0084Tire, 235/55R17 RSA Crown VIC 10 EA $0.0085Tire, 23X10.50-12, Turf Trac R/S BW 4 20 EA $0.0086Tire, 23X10.50-12NHS/4, Turf Trac R/S BW 4 21 EA $0.0087Tire, 23X8.50-12NHS, Multi-Trac 10 EA $0.00 88 Tire, 24X12.00-10NHS/4, Turf Trac R/S BW 4 8 EA $0.00 89 Tire, 24X12.00-12, Turf-Master NHS BW 4 34 EA $0.00 90 Tire, 255/70R17, Wrangler Fortitude HT OWL 112 T 64 EA $0.00 91 Tire, 29X12.50-15, Multi-Trac C/S BW 10 13 EA $0.0092Tire, 315/80R22.5, G291 BW 157 K20 673 EA $0.0093Tire, LT245/75R17, Wrangler SR-A OWL 121 R 10 E 116 EA $0.0094Tire, P235/55R17, Eagle RS-A Police VSB 98 W SL 90 EA $0.0095Tire, ST205/75D14, Sport Trail LH BW 6 12 EA $0.00 96 Tire, ST205/75D15, Sport Trail LH BW 6 63 EA $0.00 97 Tire, ST225/75D15, Sport Trail LH BW 8 122 EA $0.00 98 Tubing, Vacuum/wiper 7/64 9 FT $0.00 99 Wheel, cut-off 1/32 IN.BD-10628 18 EA 114.67 $2,064.06100Wiper, Colorado 18 Inch 10 EA $0.00 Grand Total $18,205.27 Delivery and Pickup Times 11 12 Delivery cost: $ ___0.00____________ Delivery shall be made within (___1_______ days) ( _____4_______ hours) after reciept of purchase order. Appendix B3: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Sample List Pricing Procurement and Supply Management Item Make/Model QTY UOM Price Price, Extended 12 Pick-Up Location: ____6905 E. Martin Luther King Blvd, Tampa, FL 33619__________________________________________________________ Pickup shall be made within the hours of ________7__ __am and __________ 11pm Home Logged In As AEWILLIA Help LogoutFavoritesSettingsWorklist 9 Negotiations > Simple Search > RFQ: 7522,1 > Quote History (RFQ 7522,1) > Quote: 10697 (RFQ 7522,1)8 Unread Messages Actions Online Discussions Go Title RFP No. 7522: Automotive Parts, Services, Repair, and Maintenance Time Left 0 seconds Quote Style Blind Quote Currency USD Contact Harris, Carmen Suppliers' Quote Number Quote Status Active Note to Buyer Close Date 26-Mar-2020 19:21:40 Ranking Price Only Supplier Rush Truck Centers of Florida Inc Supplier Site Quote Valid Until Shortlist Status Included Attachments Title Type Description Category Last Updated Usage Update Delete Copy of Append…File Copy of Append…From Supplier 27-Mar-2020 One-Time Copy of Append…File Copy of Append…From Supplier 27-Mar-2020 One-Time Copy of Append…File Copy of Append…From Supplier 27-Mar-2020 One-Time Rush Standard…File Rush Standard…From Supplier 27-Mar-2020 One-Time City of St Peters…File City of St Peters…From Supplier 27-Mar-2020 One-Time Requirements Show All Details | Hide All Details Details Section Maximum Score Score Section A - Profile 0 0 Requirements Target Value Quote Value Maximum Score Score Rush Truck Center 06-1672108 8111 E Adamo Dr Tampa FL 33619 813-559-2300 Adamsc@rushenerprises.com Delawae. 2003 1965 8111 E Adamo dr David Rye 8111 E Adamo Dr Tampa FL 33619 813-559-2300 63 in tampa, 7150 total. 17 Corporation. YES 0 NO 0 see attached 1. Company name (full legal name). 2. Federal identification number. 3. Street address, P.O. Box, state, zip code, telephone and email. 4. Company ownership. If incorporated, the state and date of incorporation. 5. Year the company was founded. 6. Address and phone number of the office providing the supplies. 7. Name, phone number and title of the authorized representative. 8. Number of employees. 9. Number of years company has been in present business providing these goods. 10. Type of business organization (sole proprietorship, partnership, corporation, limited liability company). 11. Is the bidder registered with the Florida Department of State, Division of Corporations (Sunbiz)? (Y/N) 12. Is the bidder a City certified SBE? (Y/N) Requisitions Initiatives Negotiations Orders Agreements Deliverables Suppliers Awards IDVs Page 1 of 4Quote: 10697 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Section B - Requirements 0 0 Requirements Target Value Quote Value Maximum Score Score YES 0 YES 0 YES 0 NO 0 No 0 No 0 Twice daily. Not Applicable 0 Section C - Public Records Laws 0 0 Requirements Target Value Quote Value Maximum Score Score YES 0 NO 0 Section D - Exceptions 0 0 13. List Company background and relevant experience that qualifies Offeror to provide the services described in this solicitation, please include employees with ASE Certifications or other necessary certifications. 1. Bid Acceptances Period Unless otherwise specified herein, the bidder confirms that prices will remain firm for a period of ninety (90) days. (Y/N) 2. Warranty The bidder fully warrants all material, equipment and services against poor and inferior quality or workmanship for a period of not less than one (1) year from date of final acceptance. Copies or descriptions of all manufacturer’s(s’) warranties shall accompany bid for the item(s) proposed. The description(s) shall include the length and scope of the warranties. (Y/N) 3. F.O.B. Destination The bidder certifies that all prices are quoted F.O.B. destination. All shipping, handling and freight charges must be shown separately. (Y/N) 4. Cash Discount Will you offer 2%10 days discount to the stated payment term? (Y/N) 5. Large Order Discount Will you offer an addtional discount for large single orders over a specified dollar amount? 6. Price Breaks Will your firm offer quantity price breaks? 7. Delivery Time The bidder shall state in the space provided the delivery time in days from receipt of order. 8. Insurance Addtional Required Insurance for Services: 1,000,000 per vehicle, $2,000,000 per occurrence Garagekeepers Legal Liability coverage. Please confirm your ability to obtain the above insurance coverage. Please respond yes or no to the questions below. 1. The bidder acknowledges that its bid is subject to Public Records laws (Chapter 119, Florida Statutes). (Y/N) 2. Has the bidder identified any trade secrets or confidential information in its proposal? (Y/N) Page 2 of 4Quote: 10697 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Total Requirements Target Value Quote Value Maximum Score Score see attached see attached Section E - Proposal 0 0 Requirements Target Value Quote Value Maximum Score Score see attached see attached see attached see attached see attached 0 0 Contract Terms Variables Details Section Clause Variable Description Value No variables found. Deliverables Indicates deliverable is overdue Indicates responsible party failed to perform the deliverable Deliverable Name Due Date Status Alert Update No Deliverables found. Lines TIP All prices are in USD. Quote Total (USD)2.00 Show All Details | Hide All Details Details Line Ship- To Rank Start Price Target Price Quote Price Unit Target Quantity Quote Quantity Need- By Date Promised Date Line Total Active Quotes FLEET 21 1.00 EACH 1 1 1.00 41 1. The bidder certifies that it takes no exceptions to the terms and conditions of the solicitation. (Y/N) 1. If exceptions are taken, specify in the space provided. 1. Diversity and Sustainability Please describe any diversity and sustainability programs your company currently has. 2. Innovation and Improvements In this section, please explain any innovative ideas or new concepts you would like to include as part of this proposal as described in Appendix A, section 5. 3. Customer Service Include a description of all unique services and features your firm offers that would be applicable to the Agreement. 4. On-Line Capabilities Does your firm offer on-line order tracking, expediting, rebates, sales history, invoices and inventory lists? 5. Recycling and Disposal Please give us a brief description of your recycling and disposal services. Page 3 of 4Quote: 10697 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Copyright (c) 1998, 2017, Oracle and/or its affiliates. All rights reserved.Privacy Statement 1Automotive Services, Repair, and Maintenance Enter $1 2Automotive Replacement Parts and Accessories. Enter $1 FLEET 23 1.00 EACH 1 1 1.00 41 Return to Quote History (RFQ 7522,1)Actions Online Discussions Go Page 4 of 4Quote: 10697 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Appendix B1: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Parts Procurement and Supply Management Manufacturer Type or Category OEM or After Market Brand Document Name & Date Price List Discount Website Address of Price List 1 Autocar % 2 Case % 3 Caterpillar OEM PARTS cost plus 5%available upon request 4 Chevrolet %5 Elgin % 6 Ford OEM PARTS cost plus 5%available upon request 7 Freightliner % 8 Harley Davidson % 9 Heil % 10 John Deer Tractor/Gator % 11 Kenworth % 12 KIA % 13 New Holland % 14 Nissan % 15 Peterbuilt OEM PARTS 20% OFF LIST available upon request 16 Pierce % 17 Stihl % 18 Toyota % 19 Vactor % 20 Vermeer % 21 Vermeer % 22 % 23 % 24 % 25 % 26 % 27 % 28 % 29 % 30 % 11 12 12 INTERNATIONAL HEAVY DUTY TRUCK - COST PLUS 5% Delivery cost: $ _______0_we don't charge for delivery_____ Pick-Up Location: ______________________________________________________________ Delivery shall be made within typically same day or 1-3 days (if not in stock) after reciept of purchase order. Pickups are available twice daily. Use the space below to list any additional manufacturers or categories: In the spaces below please specify the manufacturer of the equipment for which you are willing and capable of providing on a pick-up and/or delivery basis, specify the percentage off of the price list. The successful contractor(s) are required to provide the manufacturer's part price list via a website location (preferred) and/or CD. Discount applies to Original Equipment Manufacturer (OEM) and after market brands (AMB). After market brands must be noted as such in column below. Contractor shall complete this form digitally and submit with your bid with supporting documents. Multiple percentage discount structure is also acceptable for price breaks, volume discounts. Please specify where different percentage discounts apply. Pickup shall be made within the hours of __8:00________ ___.m and ____5:00______ ___.m Delivery and Pickup Times CUMMINS PARTS - COST PLUS 5% ISUZU MEDIUM DUTY TRUCK - COST PLUS 5% HINO MEDIUM DUTY TRUCK - COST PLUS 5% Appendix B1: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Parts Procurement and Supply Management Manufacturer Type or Category OEM or After Market Brand Document Name & Date Price List Discount Website Address of Price List Appendix B2: RFP No. 7522 Automotive Services City of St. Petersburg Bid Form Services Procurement and Supply Management No.Manufacturer Equipment Repair Type **UOM Hourly Repair Rate, Regular Hrs. Hourly Repair Rate, After Hrs. % Discount OEM Parts OEM Repairs 1 John Deer Tractor Wheel Loaders, Tractors and Backhoes HR 2 Kenworth Heavy Truck, Sanitation HR $110.00 $110.00 N/A 3 Peterbuilt Heavy Truck, Sanitation HR $110.00 $110.00 25.00% 4 Autocar Heavy Truck, Sanitation HR $110.00 $110.00 N/A 5 Heil Sanitation Collection Vehicles: Body Work, Welding and Painting HR 6 New Holland Tractors: Engine, Transmission, Brake, General Automotive, Suspension, Springs and Axle Repairs HR 7 Chevrolet Cars and Light Trucks: Engine, Transmission, Brake, General Automotive, Suspension, Springs and Axle Repairs HR 8 Caterpillar, Construction Equipment Construction Equipment: Engine, Transmission, Brake, General Automotive, Suspension, Springs, Hydraulics and Axle Repairs HR 9 Pierce Fire Trucks: Engine, Transmission, Brake, General Automotive, Suspension, Springs and Axle Repairs HR 10 Vermeer Products Stump Grinders, Chippers and Boring Machines HR General Repairs 11 Truck Bodies, Welding, Febrication and Painting HR A-5 Appendix B2: RFP No. 7522 Automotive Services City of St. Petersburg Bid Form Services Procurement and Supply Management12Hydraulic System Repairs for Large Construction Equipment, Sanitation Vehicles and Heavy Trucks HR 13 Transmission Repairs for Heavy Trucks HR 14 Engine Repairs for Heavy Trucks HR $110.00 $110.00 COST PLUS 5% 15 Suspension, Springs and Axles for Heavy Trucks HR $110.00 $110.00 COST PLUS 10% 16 Brake Repairs HR 17 Other Repairs, Specify BAKING/CLEANING - DPF FILTER $150/FILTER 18 Other Repairs, Specify BAKING CLEANING - CATALYST (DOC)HR $75/DOC 19 Vehicles Pickup & Delivery Charge if driveable = no charge (porter service available) 20 Heavy Construction Equipment Pickup & Delivery Charge 21 Warranty:CAN DO - WARRANTY ALL PAID BY MFG Months: Miles: 22 Parts and Labor Warranty:CAN DO - WARRANTY ALL PAID BY MFG Full: Pro-Rated: 23 Parts Only Warranty:CAN DO - WARRANTY ALL PAID BY MFG Full:Pro-Rated: Labor Rates, Warranty and Pickup/Delivery A-6 Appendix B2: RFP No. 7522 Automotive Services City of St. Petersburg Bid Form Services Procurement and Supply Management A-7 Appendix B3: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Sample List Pricing Procurement and Supply Management Item Make/Model QTY UOM Price Price, Extended 1 Battery, 24F-60, Group 24F, 525 CCA 8 EA $0.00 2 Battery, 26-60, Group 26, 525 CCA 18 EA $0.00 3 Battery, 27F-HD, Group 27F, 700 CCA 5 EA $0.00 4 Battery, 34-60, Group 34, 630 CCA 38 EA $0.005Battery, 35-60, Group 35, 525 CCA 7 EA $0.006Battery, 40R-60, Group 40R, 590 CCA 14 EA $0.007Battery, 48-60, Group 48, 560 CCA 28 EA $0.008Battery, 51-60, Group 51, 450 CCA 5 EA $0.00 9 Battery, 65-72, Group 65, 850 CCA 241 EA $0.00 10 Battery, 75-72, Group 75, 630 CCA 22 EA $0.00 11 Battery, 8D-30, Group 8D, 1100 CCA 9 EA $0.00 12 Battery, 94R-60, Group 94R, 730 CCA 10 EA $0.0013Battery, 96R-60, Group 96R, 590 CCA 23 EA $0.0014Battery, MP31, Group 31A, 950 CCA 18 EA $0.0015Battery, MS31, Group 31c, 950 CCA 146 EA $0.00 16 Battery, Side model 630 1 EA $0.00 17 Battery, U1L-20, Groupl U1L, 235 CCA 36 EA $0.00 18 Belt, Engine, Kenworth -K080685 1 EA $0.00 19 Belt, Serpentine 5075M 1 EA $0.00 20 Bit, drill 29/64 IN.10 EA $0.0021Bit, Drill 13/64 IN 3 EA $0.0022Blade, TORO 5910 (PACK OF 11)33 EA $0.0023Blade, Toro 5910 (PACK OF 11)22 EA $0.00 24 Bulb, Amber 4412A 4 EA $0.00 25 Clamp, hose # 10 9210H 12 EA 1.17 $14.04 26 Clamp, hose # 12 12 EA $0.00 27 Clamp, Hose # 16 20 EA $0.00 28 Clamp, hose # 4 12 EA $0.0029Clamp, hose # 6 12 EA $0.0030Clamp, Hose # 8 12 EA $0.0031Cleaner, Armour All 16OZ 6 Can $0.00 32 Cleaner, Brake Non-Chor RIG TOUGH 48 Can 2.91 $139.68 33 Filer, Air Freightliner-42812 1 EA $0.00 34 Filter, Air 2012 Impala 49288 5 EA $0.00 35 Filter, Air 6.0 Ford -42731 3 EA $0.00 36 Filter, Air Caterpiller-46607 2 EA $0.0037Filter, Hydraulic John Deere F1145 2 EA $0.0038Filter, Pre BR420 8 EA $0.0039Fitting, 43 Ser - NPTF PIPE RIGID, 10143-12-12 9 EA $0.00 40 Fitting, 43 SER - FEM JIC SWV, 10643-12-12 189 EA $0.00 41 Fitting, 43 SER - FEM JIC SWV, 10643-16-16 219 EA $0.00 42 Fitting, 43 SER - FEM JIC SWV, 10643-4-4 29 EA $0.00 43 Fitting, 43 SER - M NPTF PIPE RIGID, 10143-20-20 14 EA $0.0044Fitting, 43 SER - M NPTF PIPE RIGID, 10143-6-6 3 EA $0.0045Fitting, 43 SER - M NPTF PIPE RIGID, 10143-8-8 7 EA $0.0046Fitting, 43 SER - M NPTF PIPE RIGID,10143-16-16 6 EA $0.0047Fitting, 43 SER - MALE JIC RIGID, 10343-12-12 165 EA $0.00 48 Fitting, 43 SER - MALE JIC RIGID, 10343-16-16 24 EA $0.00 49 Fitting, 43 SER - MALE JIC RIGID, 10343-4-4 7 EA $0.00 50 Fitting, 43 SER - MALE JIC RIGID, 10343-8-8 30 EA $0.00 51 Fliter, Hydrolic Toro 7200 8 EA $0.0052Fluid, ATF Dextron VI 6 QT $0.0053Fluid, Exhaust Diesel 20 Gal $0.00 In the spaces below please specify the Make and/or Model of the equipment for which you are willing and capable of providing on a pick-up and/or delivery basis and specify the price. The quantity listed is an estimated annual usage. Vendor shall complete this form digitally and submit with your bid with supporting documents. Appendix B3: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Sample List Pricing Procurement and Supply Management Item Make/Model QTY UOM Price Price, Extended 54 Fluid, Transmission ATF+4 7 QT $0.0055Freon, 134 30 LB Tank 40 Tank $0.00 56 Hose, Fuel 7/16IN 14 FT $0.00 57 Hose, Heater 3/4" Silicone 10 FT $0.00 58 Hose, HYD 2/WIRE 5000 PSI 3/8", 471TC-6-RL 765 FT $0.00 59 Hose, HYD 2/WIRE 3625 PSI 5/8", 471TC-10-RL 300 FT $0.0060Hose, HYD 2/WIRE 4250 PSI 1/2", 471TC-8-RL 820 FT $0.0061Hose, HYD HOSE 2/WIRE 2500 PSI 1", 471TC-16-RL 240 FT $0.0062Hose, HYD HOSE 2/WIRE 3125 PSI 3/4" 471TC-12-RL 750 FT $0.0063Hose, HYD HOSE 2/WIRE 4250 PSI 1/2", 471TC-8-RL 800 FT $0.00 64 Hose, Hydrolic # 10 20 FT $0.00 65 Hose, Hydrolic #10 10 FT $0.00 66 Hose, Hydrolic #20 10 FT $0.00 67 Hose, Power Steering 5/8 10 FT $0.0068Hose, Power Steering 7/8 25 FT $0.0069Hose, Smooth Bore, PTFE 919-10 400 FT $0.0070Light, Head Light, Halogen H6054 3 EA $0.0071Oil, AC Quiet 12 EA $0.00 72 Oil, Gear 85-140 5 QT $0.00 73 Oil, Gear 85-140 QT HP 5 QT $0.00 74 Oil, Penatrating WD-40 6 QT $0.00 75 Pads, Brake, 13+ Intercepteor Rear 2 EA $0.0076Paint, spray gloss black. 10 Can $0.0077Plug, Spark NGK BPMR7A 8 EA $0.0078Roter, Brake rear, Altima 17 2 EA $0.0079Starter, 6.4L Diesel, Ford 1 EA $0.00 80 Tape, Teflon 1/2 inch 1 EA $0.00 81 Tire, 11R22.5 GDY Fuel Max 8 EA $0.00 82 Tire, 15X6.00-6 straight rib, 74 EA $0.00 83 Tire, 215/55R16, Assurance All-Season VSB 93 H SL 11 EA $0.0084Tire, 235/55R17 RSA Crown VIC 10 EA $0.0085Tire, 23X10.50-12, Turf Trac R/S BW 4 20 EA $0.0086Tire, 23X10.50-12NHS/4, Turf Trac R/S BW 4 21 EA $0.0087Tire, 23X8.50-12NHS, Multi-Trac 10 EA $0.00 88 Tire, 24X12.00-10NHS/4, Turf Trac R/S BW 4 8 EA $0.00 89 Tire, 24X12.00-12, Turf-Master NHS BW 4 34 EA $0.00 90 Tire, 255/70R17, Wrangler Fortitude HT OWL 112 T 64 EA $0.00 91 Tire, 29X12.50-15, Multi-Trac C/S BW 10 13 EA $0.0092Tire, 315/80R22.5, G291 BW 157 K20 673 EA $0.0093Tire, LT245/75R17, Wrangler SR-A OWL 121 R 10 E 116 EA $0.0094Tire, P235/55R17, Eagle RS-A Police VSB 98 W SL 90 EA $0.0095Tire, ST205/75D14, Sport Trail LH BW 6 12 EA $0.00 96 Tire, ST205/75D15, Sport Trail LH BW 6 63 EA $0.00 97 Tire, ST225/75D15, Sport Trail LH BW 8 122 EA $0.00 98 Tubing, Vacuum/wiper 7/64 9 FT $0.00 99 Wheel, cut-off 1/32 IN.18 EA $0.00100Wiper, Colorado 18 Inch 10 EA 3.34 $33.40 Grand Total $187.12 Delivery and Pickup Times 11 12 Delivery cost: $ _______________ Delivery shall be made within (__________ days) ( ____________ hours) after reciept of purchase order. Appendix B3: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Sample List Pricing Procurement and Supply Management Item Make/Model QTY UOM Price Price, Extended 12 Pick-Up Location: ______________________________________________________________ Pickup shall be made within the hours of __________ ___.m and __________ ___.m Appendix B1: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Parts Procurement and Supply Management Manufacturer Type or Category OEM or After Market Brand Document Name & Date Price List Discount 1 Autocar % 2 Case % 3 Caterpillar % 4 Chevrolet %5 Elgin % 6 Ford % 7 Freightliner % 8 Harley Davidson % 9 Heil % 10 John Deer Tractor/Gator % 11 Kenworth % 12 KIA % 13 New Holland % 14 Nissan % 15 Peterbuilt % 16 Pierce % 17 Stihl % 18 Toyota % 19 Vactor % 20 Vermeer % 21 Vermeer % 22 AC-Delco (GM)OEM Dealer Price 3% 23 AC-Delco Batteries OEM/AMB WD Cost 0% 24 Motorcraft (FORD)OEM Dealer Price 6% 25 Motorcraft Batteries OEM/AMB Dealer Price 6% 26 Motorcraft Diesel Injectors & Turbos OEM TPH Jobber 2% 27 Mopar (Dodge/Ram)OEM TPH Jobber 6% 28 Nissan OEM TPH Jobber 3% 29 Maval (Hyundai/Kia)OEM TPH Jobber 4% 30 Bendix CVS OEM Air Brake 16% 31 Meritor OEM Air Brake, Axle, Steering & Chassis 26% 32 Eaton/Fuller OEM Transmission & Axle 11% 33 Spicer OEM Axle & Driveline 6% 34 Anco AMB Wiper Products 38% 35 ATP AMB Trans Filter Kits and Parts 26% 36 Baldwin AMB Filters 63% 37 Bendix Automotive AMB Brake Parts 6% 38 Bostech AMB Fuel Injectors 9% 39 Buss AMB Fuses and Switches 35% 40 Centric AMB Brake Parts 16% 41 Continental Elite AMB Belts & Hoses 26% In the spaces below please specify the manufacturer of the equipment for which you are willing and capable of providing on a pick-up and/or delivery basis, specify the percentage off of the price list. The successful contractor(s) are required to provide the manufacturer's part price list via a website location (preferred) and/or CD. Discount applies to Original Equipment Manufacturer (OEM) and after market brands (AMB). After market brands must be noted as such in column below. Contractor shall complete this form digitally and submit with your bid with supporting documents. Multiple percentage discount structure is also acceptable for price breaks, volume discounts. Please specify where different percentage discounts apply. Appendix B1: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Parts Procurement and Supply Management Manufacturer Type or Category OEM or After Market Brand Document Name & Date Price List Discount 42 CRC AMB Chemicals 7% 43 Denso Aftermarket (also OE on Toyota) Compressors, Coils, O2 Sensors, Spark Plugs, Starters/Alternators 8% 44 Dorman AMB Full line repair parts 24% 45 Global AMB AC Components 7% 46 Grote AMB Electrical Accessories and Lighting 15% 47 GSP AMB FWD CV Axles 3% 48 Hayden AMB Electric Fans, Fan Clutches, Trans. Coolers 8% 49 Ideal AMB Hose Clamps 55% 50 Lucas Oil Products AMB Lubricants/Additives 23% 51 Mahle AMB Gasket 9% 52 Mevotech AMB Chassis Parts 28% 53 Monroe AMB Ride Control (Shocks,Struts)14% 54 MotoRad AMB T-stats, Rad Caps, Fuel Caps, Gaskets 11% 55 NGK AMB Spark Plug 27% 56 OSC AMB Radiators 9% 57 Philips AMB Bulbs, Beams, HID, LED 33% 58 Powerstop AMB Pads, Shoes, Rotors 16% 59 Sempermed AMB Latex/Nitrile Glove 35% 60 Schrader AMB TPMS Sensor, Valves, Kits, Tools 23% 61 Standard Motor Products AMB Ignition, Fuel Injection, Emissions 85% 62 Timken AMB Bearings, Seals, Hub Assemblies 17% 63 TYC AMB Fans, Blower Motors & Headlamp Assemblies 17% 64 Vision OE AMB Starters, Alternators, Rack & Pinion 23% 65 Walker AMB Exhaust Components, Converters 12% 66 Active Heavy Duty AMB Radiators, Air Charge Coolers, Oil Coolers 12% 67 Ancra AMB Cargo Management 12% 68 ConMet OEM/AMB Unitized Hub Assemblies, Brake Drums, Rotors 8% 69 Delco Remy OEM/AMB New and Reman Starters & Alternators 12% 70 Donovan/Shurco AMB Tarps, Tarp Systems & Repair Parts 23% 71 Euclid AMB Air Brake, Axle, Steering & Chassis 26% Appendix B1: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Parts Procurement and Supply Management Manufacturer Type or Category OEM or After Market Brand Document Name & Date Price List Discount 72 Global Parts Network (Vipar Heavy Duty)AMB Air Brake Components, Air Disc Brake Pads & Rotors, Air Springs, Brake Shoe Kits, Air Disc Calipers 12% 73 Gunite OEM/AMB Brake Drums,Rotors, Hubs & Slack Adjusters 14% 74 Haldex AMB Air Brake, Brake Shoes & Kits, ABS Components 8% 75 Horton OEM/AMB Fan Clutch, Fan Blades, Repair Parts 12% 76 Kit Masters AMB Fan Clutch, Fan Blades, Repair Parts 12% 77 PAI Industries AMB Diesel Engine Parts 4% 78 Pro Diesel AMB Fuel Injectors 10% 79 Pro Steering AMB HD Power Steering Pumps & Gears 10% 80 SKF (formerly Chicago Rawhide)OEM/AMB Air treatment, Wheel End Repair 8% 81 Spicer OEM/AMB Driveline Parts 6% 82 Stemco OEM/AMB Air Springs (Goodyear), Slack Adjusters, Drums, Wheel Seals, Hub Caps, Kaiser King Pin 16% 83 Trucklite OEM/AMB Flashers, Fuses, Lighting, Mirrors, Back up alarms 22% 84 US Motor Works AMB HD Diesel Water Pumps 6% 85 Webb Wheel OEM/AMB HD Drums, Rotors, Hubs 18% 86 Wilson Auto Electric AMB HD Alternators & Starters 11% 87 Thermoid AMB Spool hose, heater,fuel, vac 35% 88 FJC AMB AC chemicals, tools 16% 89 Amalie/Wolfshead AMB Motor Oil, Grease,Gear Oil 9% 90 3M AMB Chemicals, Paint & Body Products 10% Use the space below to list any additional manufacturers or categories: Delivery and Pickup Times Appendix B1: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Parts Procurement and Supply Management Manufacturer Type or Category OEM or After Market Brand Document Name & Date Price List Discount 11 12 12 Delivery cost: $ _____N/C__________ Pick-Up Location: 6868 118th Ave N. Largo, FL. 33773______________________________________________________________ Delivery shall be made within (____1 (stock order)______ days) ( ______1 Hot Shot______ hours) after reciept of purchase order. Pickup shall be made within the hours of ______7:30____ __a_.m and _______5:30___ _p__.m Appendix B1: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Parts Procurement and Supply Management Website Address of Price List www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com In the spaces below please specify the manufacturer of the equipment for which you are willing and capable of providing on a pick-up and/or delivery basis, specify the percentage off of the price list. The successful contractor(s) are required to provide the manufacturer's part price list via a website location (preferred) and/or CD. Discount applies to Original Equipment Manufacturer (OEM) and after market brands (AMB). After market brands must be noted as such in column below. Contractor shall complete this form digitally and submit with your bid with supporting documents. Multiple percentage discount structure is also acceptable for price breaks, volume discounts. Please specify where different percentage discounts apply. Appendix B1: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Parts Procurement and Supply Management Website Address of Price List www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com Appendix B1: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Parts Procurement and Supply Management Website Address of Price List www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com www.thepartshouse.com Appendix B1: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Parts Procurement and Supply Management Website Address of Price List Pickup shall be made within the hours of ______7:30____ __a_.m and _______5:30___ _p__.m Negotiations > Simple Search > RFQ: 7522,1 > Quote History (RFQ 7522,1) > Quote: 10656 (RFQ 7522,1) Title RFP No. 7522: Automotive Parts, Services, Repair, and Maintenance Time Left 0 seconds Quote Style Blind Quote Currency USD Contact Kilpatrick1, Richard Suppliers' Quote Number Quote Status Active Note to Buyer Attachments Title Type Description Category Last Updated Usage Update Delete TPH Environme…File 2020-03-23 16:…From Supplier 24-Mar-2020 One-Time 2020-03-26 10:…File 2020-03-25 12:…From Supplier 26-Mar-2020 One-Time 2020-03-26 12:…File 2020-03-26 12:…From Supplier 26-Mar-2020 One-Time 2020-03-26 12:…File 2020-03-26 08:…From Supplier 26-Mar-2020 One-Time 2020-03-26 12:…File 2018-07-24 11:…From Supplier 26-Mar-2020 One-Time 2020-03-26 12:…File 2019-05-24 11:…From Supplier 26-Mar-2020 One-Time Requirements Show All Details | Hide All Details Details Section Section A - Profile Requirements Section B - Requirements Requirements 1. Company name (full legal name). 2. Federal identification number. 3. Street address, P.O. Box, state, zip code, telephone and email. 4. Company ownership. If incorporated, the state and date of incorporation. 5. Year the company was founded. 6. Address and phone number of the office providing the supplies. 7. Name, phone number and title of the authorized representative. 8. Number of employees. 9. Number of years company has been in present business providing these goods. 10. Type of business organization (sole proprietorship, partnership, corporation, limited liability company). 11. Is the bidder registered with the Florida Department of State, Division of Corporations (Sunbiz)? (Y/N) 12. Is the bidder a City certified SBE? (Y/N) 13. List Company background and relevant experience that qualifies Offeror to provide the services described in this solicitation, please include employees with ASE Certifications or other necessary certifications. 1. Bid Acceptances Period Unless otherwise specified herein, the bidder confirms that prices will remain firm for a period of ninety (90) days. (Y/N) 2. Warranty The bidder fully warrants all material, equipment and services against poor and inferior quality or workmanship for a period of not less than one (1) year from date of final acceptance. Copies or descriptions of all manufacturer’s(s’) warranties shall accompany bid for the item(s) proposed. The description(s) shall include the length and scope of the warranties. (Y/N) 3. F.O.B. Destination The bidder certifies that all prices are quoted F.O.B. destination. All shipping, handling and freight charges must be shown separately. (Y/N) Requisitions Initiatives Negotiations Orders Agreements Deliverables Suppliers Awards IDVs Page 1 of 3Quote: 10656 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Section C - Public Records Laws Requirements Section D - Exceptions Requirements Section E - Proposal Requirements Target Value Quote Value The term "sustainability" can be complex and take on different meanings. The most common definition of sustainability states "Development which meets the needs of current generations without compromising the ability of future generations to meet their own needs." The Parts House recognizes the the next generation of leadership within our company will come from Generation Y, or more commonly known as "millennials." Millennials are the most racially diverse and environmentally driven generation to date which also translates to the way they strive to contribute in the workplace and community. Our workforce and style of management reflect the changes this group of leaders are bringing to the company. Our millennials are key employees, managers and stakeholders at TPH whose ideas are affecting meaningful change and benefits to our entire workforce. Diversity in corporate sustainability are at the center of our growth strategy. TPH can create custom inventories utilizing an inventory modeling software program. The process is most accurate when the fleet provides a vehicle list with VIN numbers and the Fleet Supervisor answers a few basic questions regarding preferred manufacturers for specific vehicles and repairs. TPH will then use that data to ensure that both the city and TPH have the desired inventory on hand to support routine maintenance schedules. TPH is an authorized distributor for Ford (Motorcraft, Ford Accessories and Ford Racing), GM (AC-Delco), Dodge/Ram/Chrysler (Mopar) and Nissan parts. As such we are able to offer our fleet/municipal customers access to products otherwise available to OE Dealers at competitive prices. In addition to the largest inventories of those items in Florida, TPH can also provide OE training from a list of available classes sponsored by the manufacturer at no cost to the City. TPH also reports purchases by the city directly to the OE for credits to the Ford Fleet Network Program who in turn rebates the city for purchases of Ford and Motorcraft products. As a Ford Authorized Distributor (FAD) TPH can use the rebate credits to purchase Rotunda Tools, Motorcraft Parts Inventory and or Training for the city. TPH offers on-line cataloging with inventory on hand and net pricing. The catalog also has a competitive interchange and buyers guide with part images available for most products. TPH can produce product usage reports including detail down to the part number, transaction date and time, invoice number, vehicle number and technician as long as the information is captured during the order process. Inventory lists can be created by manufacturer and product category and saved for ease of placing replenishment orders. The customer has the option to select the list names and create them. 4. Cash Discount Will you offer 2%10 days discount to the stated payment term? (Y/N) 5. Large Order Discount Will you offer an addtional discount for large single orders over a specified dollar amount? 6. Price Breaks Will your firm offer quantity price breaks? 7. Delivery Time The bidder shall state in the space provided the delivery time in days from receipt of order. 8. Insurance Addtional Required Insurance for Services: 1,000,000 per vehicle, $2,000,000 per occurrence Garagekeepers Legal Liability coverage. Please confirm your ability to obtain the above insurance coverage. Please respond yes or no to the questions below. 1. The bidder acknowledges that its bid is subject to Public Records laws (Chapter 119, Florida Statutes). (Y/N) 2. Has the bidder identified any trade secrets or confidential information in its proposal? (Y/N) 1. The bidder certifies that it takes no exceptions to the terms and conditions of the solicitation. (Y/N) 1. If exceptions are taken, specify in the space provided. 1. Diversity and Sustainability Please describe any diversity and sustainability programs your company currently has. 2. Innovation and Improvements In this section, please explain any innovative ideas or new concepts you would like to include as part of this proposal as described in Appendix A, section 5. 3. Customer Service Include a description of all unique services and features your firm offers that would be applicable to the Agreement. 4. On-Line Capabilities Page 2 of 3Quote: 10656 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Copyright (c) 1998, 2017, Oracle and/or its affiliates. All rights reserved. Please see attached document "TPH Environmental Policy". Contract Terms Variables Details Section No variables found. Deliverables Indicates deliverable is overdue Indicates responsible party failed to perform the deliverable Deliverable Name No Deliverables found. Lines TIP All prices are in USD. Show All Details | Hide All Details Details Line 1Automotive Services, Repair, and Maintenance Enter $1 2Automotive Replacement Parts and Accessories. Enter $1 Return to Quote History (RFQ 7522,1) Does your firm offer on-line order tracking, expediting, rebates, sales history, invoices and inventory lists? 5. Recycling and Disposal Please give us a brief description of your recycling and disposal services. Page 3 of 3Quote: 10656 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Appendix B3: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Sample List Pricing Procurement and Supply Management Item Make/Model QTY UOM Price Price, Extended 1 Battery, 24F-60, Group 24F, 525 CCA AC-Delco/24FS 8 EA 49.1 $392.802Battery, 26-60, Group 26, 525 CCA AC-Delco/26S 18 EA 46.01 $828.183Battery, 27F-HD, Group 27F, 700 CCA AC-Delco/27RPG 5 EA 73.75 $368.754Battery, 34-60, Group 34, 630 CCA AC-Delco/34S 38 EA 55 $2,090.005Battery, 35-60, Group 35, 525 CCA AC-Delco/35PS 7 EA 62.15 $435.05 6 Battery, 40R-60, Group 40R, 590 CCA AC-Delco/40RS 14 EA 60 $840.00 7 Battery, 48-60, Group 48, 560 CCA AC-Delco/48S 28 EA 71.89 $2,012.92 8 Battery, 51-60, Group 51, 450 CCA AC-Delco/51RS 5 EA 47.36 $236.80 9 Battery, 65-72, Group 65, 850 CCA AC-Delco/65PG 241 EA 82.22 $19,815.0210Battery, 75-72, Group 75, 630 CCA AC-Delco/75A 22 EA 55.24 $1,215.2811Battery, 8D-30, Group 8D, 1100 CCA AC-Delco/8DHD 9 EA 135.15 $1,216.3512Battery, 94R-60, Group 94R, 730 CCA AC-Delco/94RS 10 EA 87.18 $871.8013Battery, 96R-60, Group 96R, 590 CCA AC-Delco/96RPS 23 EA 82.04 $1,886.92 14 Battery, MP31, Group 31A, 950 CCA AC-Delco/ACD31TP 18 EA 76.89 $1,384.02 15 Battery, MS31, Group 31c, 950 CCA AC-Delco/ACD31TS 146 EA 76.89 $11,225.94 16 Battery, Side model 630 1 EA $0.00 17 Battery, U1L-20, Groupl U1L, 235 CCA AC-Delco/U1S250 36 EA 31.66 $1,139.7618Belt, Engine, Kenworth -K080685 Continental 4080685 1 EA 31.02 $31.0219Belt, Serpentine 5075M 1 EA $0.0020Bit, drill 29/64 IN.10 EA $0.00 21 Bit, Drill 13/64 IN 3 EA $0.00 22 Blade, TORO 5910 (PACK OF 11)33 EA $0.00 23 Blade, Toro 5910 (PACK OF 11)22 EA $0.0024Bulb, Amber 4412A Philips 4412AC1 4 EA 8.37 $33.4825Clamp, hose # 10 Ideal 5210 12 EA 0.31 $3.7226Clamp, hose # 12 Ideal 5212 12 EA 0.31 $3.7227Clamp, Hose # 16 Ideal 5216 20 EA 0.34 $6.80 28 Clamp, hose # 4 Ideal 5202 12 EA 0.27 $3.24 29 Clamp, hose # 6 Ideal 5203 12 EA 0.27 $3.24 30 Clamp, Hose # 8 Ideal 5208 12 EA 0.31 $3.72 31 Cleaner, Armour All 16OZ 6 Can $0.0032Cleaner, Brake Non-Chor Mopar 68065196AB 48 Can 1.74 $83.5233Filer, Air Freightliner-42812 Baldwin CA5368 1 EA 48.72 $48.7234Filter, Air 2012 Impala 49288 Baldwin PA4464 5 EA 12.7 $63.5035Filter, Air 6.0 Ford -42731 Baldwin CA4999 3 EA 26.75 $80.25 36 Filter, Air Caterpiller-46607 Baldwin RS3506 2 EA 22.83 $45.66 37 Filter, Hydraulic John Deere F1145 2 EA $0.00 38 Filter, Pre BR420 8 EA $0.00 39 Fitting, 43 Ser - NPTF PIPE RIGID, 10143-12-12 9 EA $0.0040Fitting, 43 SER - FEM JIC SWV, 10643-12-12 189 EA $0.0041Fitting, 43 SER - FEM JIC SWV, 10643-16-16 219 EA $0.0042Fitting, 43 SER - FEM JIC SWV, 10643-4-4 29 EA $0.00 43 Fitting, 43 SER - M NPTF PIPE RIGID, 10143-20-20 14 EA $0.00 44 Fitting, 43 SER - M NPTF PIPE RIGID, 10143-6-6 3 EA $0.00 45 Fitting, 43 SER - M NPTF PIPE RIGID, 10143-8-8 7 EA $0.00 46 Fitting, 43 SER - M NPTF PIPE RIGID,10143-16-16 6 EA $0.0047Fitting, 43 SER - MALE JIC RIGID, 10343-12-12 165 EA $0.0048Fitting, 43 SER - MALE JIC RIGID, 10343-16-16 24 EA $0.0049Fitting, 43 SER - MALE JIC RIGID, 10343-4-4 7 EA $0.0050Fitting, 43 SER - MALE JIC RIGID, 10343-8-8 30 EA $0.00 51 Fliter, Hydrolic Toro 7200 8 EA $0.00 52 Fluid, ATF Dextron VI Wolfshead/836-92876-56 6 QT 3.63 $21.78 53 Fluid, Exhaust Diesel Peak DEF03 20 Gal 4.19 $83.80 54 Fluid, Transmission ATF+4 Amalie 160-62886-56 7 QT 4.36 $30.5255Freon, 134 30 LB Tank Dupont R134A-30 40 Tank 100.09 $4,003.6056Hose, Fuel 7/16IN Thermoid 24105 14 FT 0.74 $10.36 In the spaces below please specify the Make and/or Model of the equipment for which you are willing and capable of providing on a pick-up and/or delivery basis and specify the price. The quantity listed is an estimated annual usage. Vendor shall complete this form digitally and submit with your bid with supporting documents. Appendix B3: RFP No. 7522 Automotive Parts City of St. PetersburgBid Form Sample List Pricing Procurement and Supply Management Item Make/Model QTY UOM Price Price, Extended 57 Hose, Heater 3/4" Silicone Continental 65042 10 FT 3.19 $31.9058Hose, HYD 2/WIRE 5000 PSI 3/8", 471TC-6-RL 765 FT $0.0059Hose, HYD 2/WIRE 3625 PSI 5/8", 471TC-10-RL 300 FT $0.0060Hose, HYD 2/WIRE 4250 PSI 1/2", 471TC-8-RL 820 FT $0.00 61 Hose, HYD HOSE 2/WIRE 2500 PSI 1", 471TC-16-RL 240 FT $0.00 62 Hose, HYD HOSE 2/WIRE 3125 PSI 3/4" 471TC-12-RL 750 FT $0.00 63 Hose, HYD HOSE 2/WIRE 4250 PSI 1/2", 471TC-8-RL 800 FT $0.00 64 Hose, Hydrolic # 10 20 FT $0.0065Hose, Hydrolic #10 10 FT $0.0066Hose, Hydrolic #20 10 FT $0.0067Hose, Power Steering 5/8 Continental 65221 10 FT 1.83 $18.3068Hose, Power Steering 7/8 n/a 25 FT $0.00 69 Hose, Smooth Bore, PTFE 919-10 400 FT $0.00 70 Light, Head Light, Halogen H6054 Philips H6054C1 3 EA 6.3 $18.90 71 Oil, AC Quiet FJC 9159 12 EA 3.17 $38.0472Oil, Gear 85-140 Wolfshead/836-93156-56 5 QT 2.72 $13.6073Oil, Gear 85-140 QT HP Amalie 160-71376-56 5 QT 8.09 $40.4574Oil, Penatrating WD-40 WD-40 490026 6 QT 4.47 $26.8275Pads, Brake, 13+ Intercepteor Rear Motorcraft BRF1383 2 EA 52.33 $104.66 76 Paint, spray gloss black. Duplicolor BT42 10 Can 2.5 $25.00 77 Plug, Spark NGK BPMR7A NGK 4626 8 EA 1.37 $10.96 78 Roter, Brake rear, Altima 17 Powerstop JBR1102EVC 2 EA 22.04 $44.08 79 Starter, 6.4L Diesel, Ford Vision OE 6675 1 EA 134.64 $134.6480Tape, Teflon 1/2 inch Dorman 25325 1 EA 2.01 $2.0181Tire, 11R22.5 GDY Fuel Max 8 EA $0.0082Tire, 15X6.00-6 straight rib, 74 EA $0.0083Tire, 215/55R16, Assurance All-Season VSB 93 H SL 11 EA $0.00 84 Tire, 235/55R17 RSA Crown VIC 10 EA $0.00 85 Tire, 23X10.50-12, Turf Trac R/S BW 4 20 EA $0.00 86 Tire, 23X10.50-12NHS/4, Turf Trac R/S BW 4 21 EA $0.0087Tire, 23X8.50-12NHS, Multi-Trac 10 EA $0.0088Tire, 24X12.00-10NHS/4, Turf Trac R/S BW 4 8 EA $0.0089Tire, 24X12.00-12, Turf-Master NHS BW 4 34 EA $0.0090Tire, 255/70R17, Wrangler Fortitude HT OWL 112 T 64 EA $0.00 91 Tire, 29X12.50-15, Multi-Trac C/S BW 10 13 EA $0.00 92 Tire, 315/80R22.5, G291 BW 157 K20 673 EA $0.00 93 Tire, LT245/75R17, Wrangler SR-A OWL 121 R 10 E 116 EA $0.00 94 Tire, P235/55R17, Eagle RS-A Police VSB 98 W SL 90 EA $0.0095Tire, ST205/75D14, Sport Trail LH BW 6 12 EA $0.0096Tire, ST205/75D15, Sport Trail LH BW 6 63 EA $0.0097Tire, ST225/75D15, Sport Trail LH BW 8 122 EA $0.0098Tubing, Vacuum/wiper 7/64 Thermoid 333950 9 FT 0.38 $3.42 99 Wheel, cut-off 1/32 IN.3M 01987 18 EA 1.95 $35.10 100 Wiper, Colorado 18 Inch Anco 18M 10 EA 5.58 $55.80 Grand Total $51,123.92 Delivery and Pickup Times 11 12 12 Delivery cost: $ _____0__________ Pick-Up Location: _____6868 118TH Avenue North Largo, FL. 33773_________________________________________________________ Delivery shall be made within (__STOCK ORDERS_____1___ days) ( __ON DEMAND ____1______ hours) after reciept of purchase order. Pickup shall be made within the hours of ______7:30____ __A_.m and ____5:30______ _P__.m Home Logged In As AEWILLIA Help LogoutFavoritesSettingsWorklist 9 Negotiations > Simple Search > RFQ: 7522,1 > Quote History (RFQ 7522,1) > Quote: 10642 (RFQ 7522,1)8 Unread Messages Actions Online Discussions Go Title RFP No. 7522: Automotive Parts, Services, Repair, and Maintenance Time Left 0 seconds Quote Style Blind Quote Currency USD Contact Adams, Ken Suppliers' Quote Number Quote Status Active Note to Buyer Close Date 26-Mar-2020 19:21:40 Ranking Price Only Supplier Walker Ford Co Inc Supplier Site Quote Valid Until Shortlist Status Included Attachments Title Type Description Category Last Updated Usage Update Delete Bid Pages File Bid Pages From Supplier 19-Mar-2020 One-Time Requirements Show All Details | Hide All Details Details Section Maximum Score Score Section A - Profile 0 0 Requirements Target Value Quote Value Maximum Score Score Walker Ford 59-0818257 17556 US Hwy 19n Clearwater FL 33764 727-535-3673 Florisa 11/01/1957 11/01/1957 17556 US Hwy 19n Clearwater FL 33764 727-535-3673 Kip Kirkland- Wholesale Certified Counter Personel John Michael Wholesale Certified Counter Personel James Danna Wholesale Certified Counter Personel 727-450-4200 130 employees 63 Corporation YES 0 NO 0 Kip Kirkland- Wholesale Certified Counter Personel John Michael Wholesale Certified Counter Personel James Danna Wholesale Certified Counter Personel Section B - Requirements 0 0 Requirements Target Value Quote Value Maximum Score Score YES 0 YES 0 YES 0 NO 0 1. Company name (full legal name). 2. Federal identification number. 3. Street address, P.O. Box, state, zip code, telephone and email. 4. Company ownership. If incorporated, the state and date of incorporation. 5. Year the company was founded. 6. Address and phone number of the office providing the supplies. 7. Name, phone number and title of the authorized representative. 8. Number of employees. 9. Number of years company has been in present business providing these goods. 10. Type of business organization (sole proprietorship, partnership, corporation, limited liability company). 11. Is the bidder registered with the Florida Department of State, Division of Corporations (Sunbiz)? (Y/N) 12. Is the bidder a City certified SBE? (Y/N) 13. List Company background and relevant experience that qualifies Offeror to provide the services described in this solicitation, please include employees with ASE Certifications or other necessary certifications. 1. Bid Acceptances Period Unless otherwise specified herein, the bidder confirms that prices will remain firm for a period of ninety (90) days. (Y/N) 2. Warranty The bidder fully warrants all material, equipment and services against poor and inferior quality or workmanship for a period of not less than one (1) year from date of final acceptance. Copies or descriptions of all manufacturer’s(s’) warranties shall accompany bid for the item(s) proposed. The description(s) shall include the length and scope of the warranties. (Y/N) 3. F.O.B. Destination The bidder certifies that all prices are quoted F.O.B. destination. All shipping, handling and freight charges must be shown separately. (Y/N) 4. Cash Discount Requisitions Initiatives Negotiations Orders Agreements Deliverables Suppliers Awards IDVs Page 1 of 3Quote: 10642 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Yes 0 Yes 0 Same Day/Next Day Yes 0 Section C - Public Records Laws 0 0 Requirements Target Value Quote Value Maximum Score Score YES 0 NO 0 Section D - Exceptions 0 0 Requirements Target Value Quote Value Maximum Score Score Yes N/A Section E - Proposal 0 0 Requirements Target Value Quote Value Maximum Score Score Not only do we offer great service for all your parts needs, we also can provide different training for your technicions. IDS, EVP, Hybrid Training...ECT Fleet Rebates throughout the year. Special Powertrain Pricing. Reliable Parts Personell/correct parts the 1st time. Hot Shot Delivery Training. Yes, all the above. Will you offer 2%10 days discount to the stated payment term? (Y/N) 5. Large Order Discount Will you offer an addtional discount for large single orders over a specified dollar amount? 6. Price Breaks Will your firm offer quantity price breaks? 7. Delivery Time The bidder shall state in the space provided the delivery time in days from receipt of order. 8. Insurance Addtional Required Insurance for Services: 1,000,000 per vehicle, $2,000,000 per occurrence Garagekeepers Legal Liability coverage. Please confirm your ability to obtain the above insurance coverage. Please respond yes or no to the questions below. 1. The bidder acknowledges that its bid is subject to Public Records laws (Chapter 119, Florida Statutes). (Y/N) 2. Has the bidder identified any trade secrets or confidential information in its proposal? (Y/N) 1. The bidder certifies that it takes no exceptions to the terms and conditions of the solicitation. (Y/N) 1. If exceptions are taken, specify in the space provided. 1. Diversity and Sustainability Please describe any diversity and sustainability programs your company currently has. 2. Innovation and Improvements In this section, please explain any innovative ideas or new concepts you would like to include as part of this proposal as described in Appendix A, section 5. 3. Customer Service Include a description of all unique services and features your firm offers that would be applicable to the Agreement. 4. On-Line Capabilities Page 2 of 3Quote: 10642 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Copyright (c) 1998, 2017, Oracle and/or its affiliates. All rights reserved.Privacy Statement Total Howco Oil, Coolant, oil filters. Fred Jones Inc= rebuilt cores, powertrain units, batteries. Cole & Sons- Parts washers, Floor Cleaners. 0 0 Contract Terms Variables Details Section Clause Variable Description Value No variables found. Deliverables Indicates deliverable is overdue Indicates responsible party failed to perform the deliverable Deliverable Name Due Date Status Alert Update No Deliverables found. Lines TIP All prices are in USD. Quote Total (USD)2.00 Show All Details | Hide All Details Details Line Ship- To Rank Start Price Target Price Quote Price Unit Target Quantity Quote Quantity Need-By Date Promised Date Line Total Active Quotes 1Automotive Services, Repair, and Maintenance Enter $1 FLEET 7 1.00 EACH 1 1 1.00 41 2Automotive Replacement Parts and Accessories. Enter $1 FLEET 7 1.00 EACH 1 1 1.00 41 Return to Quote History (RFQ 7522,1)Actions Online Discussions Go Does your firm offer on-line order tracking, expediting, rebates, sales history, invoices and inventory lists? 5. Recycling and Disposal Please give us a brief description of your recycling and disposal services. Page 3 of 3Quote: 10642 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Home Logged In As AEWILLIA Help LogoutFavoritesSettingsWorklist 9 Negotiations > Simple Search > RFQ: 7522,1 > Quote History (RFQ 7522,1) > Quote: 10642 (RFQ 7522,1)8 Unread Messages Actions Online Discussions Go Title RFP No. 7522: Automotive Parts, Services, Repair, and Maintenance Time Left 0 seconds Quote Style Blind Quote Currency USD Contact Adams, Ken Suppliers' Quote Number Quote Status Active Note to Buyer Close Date 26-Mar-2020 19:21:40 Ranking Price Only Supplier Walker Ford Co Inc Supplier Site Quote Valid Until Shortlist Status Included Attachments Title Type Description Category Last Updated Usage Update Delete Bid Pages File Bid Pages From Supplier 19-Mar-2020 One-Time Requirements Show All Details | Hide All Details Details Section Maximum Score Score Section A - Profile 0 0 Requirements Target Value Quote Value Maximum Score Score Walker Ford 59-0818257 17556 US Hwy 19n Clearwater FL 33764 727-535-3673 Florisa 11/01/1957 11/01/1957 17556 US Hwy 19n Clearwater FL 33764 727-535-3673 Kip Kirkland- Wholesale Certified Counter Personel John Michael Wholesale Certified Counter Personel James Danna Wholesale Certified Counter Personel 727-450-4200 130 employees 63 Corporation YES 0 NO 0 Kip Kirkland- Wholesale Certified Counter Personel John Michael Wholesale Certified Counter Personel James Danna Wholesale Certified Counter Personel Section B - Requirements 0 0 Requirements Target Value Quote Value Maximum Score Score YES 0 YES 0 YES 0 NO 0 1. Company name (full legal name). 2. Federal identification number. 3. Street address, P.O. Box, state, zip code, telephone and email. 4. Company ownership. If incorporated, the state and date of incorporation. 5. Year the company was founded. 6. Address and phone number of the office providing the supplies. 7. Name, phone number and title of the authorized representative. 8. Number of employees. 9. Number of years company has been in present business providing these goods. 10. Type of business organization (sole proprietorship, partnership, corporation, limited liability company). 11. Is the bidder registered with the Florida Department of State, Division of Corporations (Sunbiz)? (Y/N) 12. Is the bidder a City certified SBE? (Y/N) 13. List Company background and relevant experience that qualifies Offeror to provide the services described in this solicitation, please include employees with ASE Certifications or other necessary certifications. 1. Bid Acceptances Period Unless otherwise specified herein, the bidder confirms that prices will remain firm for a period of ninety (90) days. (Y/N) 2. Warranty The bidder fully warrants all material, equipment and services against poor and inferior quality or workmanship for a period of not less than one (1) year from date of final acceptance. Copies or descriptions of all manufacturer’s(s’) warranties shall accompany bid for the item(s) proposed. The description(s) shall include the length and scope of the warranties. (Y/N) 3. F.O.B. Destination The bidder certifies that all prices are quoted F.O.B. destination. All shipping, handling and freight charges must be shown separately. (Y/N) 4. Cash Discount Requisitions Initiatives Negotiations Orders Agreements Deliverables Suppliers Awards IDVs Page 1 of 3Quote: 10642 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Yes 0 Yes 0 Same Day/Next Day Yes 0 Section C - Public Records Laws 0 0 Requirements Target Value Quote Value Maximum Score Score YES 0 NO 0 Section D - Exceptions 0 0 Requirements Target Value Quote Value Maximum Score Score Yes N/A Section E - Proposal 0 0 Requirements Target Value Quote Value Maximum Score Score Not only do we offer great service for all your parts needs, we also can provide different training for your technicions. IDS, EVP, Hybrid Training...ECT Fleet Rebates throughout the year. Special Powertrain Pricing. Reliable Parts Personell/correct parts the 1st time. Hot Shot Delivery Training. Yes, all the above. Will you offer 2%10 days discount to the stated payment term? (Y/N) 5. Large Order Discount Will you offer an addtional discount for large single orders over a specified dollar amount? 6. Price Breaks Will your firm offer quantity price breaks? 7. Delivery Time The bidder shall state in the space provided the delivery time in days from receipt of order. 8. Insurance Addtional Required Insurance for Services: 1,000,000 per vehicle, $2,000,000 per occurrence Garagekeepers Legal Liability coverage. Please confirm your ability to obtain the above insurance coverage. Please respond yes or no to the questions below. 1. The bidder acknowledges that its bid is subject to Public Records laws (Chapter 119, Florida Statutes). (Y/N) 2. Has the bidder identified any trade secrets or confidential information in its proposal? (Y/N) 1. The bidder certifies that it takes no exceptions to the terms and conditions of the solicitation. (Y/N) 1. If exceptions are taken, specify in the space provided. 1. Diversity and Sustainability Please describe any diversity and sustainability programs your company currently has. 2. Innovation and Improvements In this section, please explain any innovative ideas or new concepts you would like to include as part of this proposal as described in Appendix A, section 5. 3. Customer Service Include a description of all unique services and features your firm offers that would be applicable to the Agreement. 4. On-Line Capabilities Page 2 of 3Quote: 10642 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Copyright (c) 1998, 2017, Oracle and/or its affiliates. All rights reserved.Privacy Statement Total Howco Oil, Coolant, oil filters. Fred Jones Inc= rebuilt cores, powertrain units, batteries. Cole & Sons- Parts washers, Floor Cleaners. 0 0 Contract Terms Variables Details Section Clause Variable Description Value No variables found. Deliverables Indicates deliverable is overdue Indicates responsible party failed to perform the deliverable Deliverable Name Due Date Status Alert Update No Deliverables found. Lines TIP All prices are in USD. Quote Total (USD)2.00 Show All Details | Hide All Details Details Line Ship- To Rank Start Price Target Price Quote Price Unit Target Quantity Quote Quantity Need-By Date Promised Date Line Total Active Quotes 1Automotive Services, Repair, and Maintenance Enter $1 FLEET 7 1.00 EACH 1 1 1.00 41 2Automotive Replacement Parts and Accessories. Enter $1 FLEET 7 1.00 EACH 1 1 1.00 41 Return to Quote History (RFQ 7522,1)Actions Online Discussions Go Does your firm offer on-line order tracking, expediting, rebates, sales history, invoices and inventory lists? 5. Recycling and Disposal Please give us a brief description of your recycling and disposal services. Page 3 of 3Quote: 10642 (RFQ 7522,1) 4/9/2020http://zeus.stpete.org:8090/OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID&addB... Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1314 Agenda Date: 11/2/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 6.10 SUBJECT/RECOMMENDATION: Approve purchase order to Communications International of Vero Beach, FL for the maintenance and repair of the citywide two-way radio communication system and equipment in the amount of $184,002.00 for term 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: Communications International is the authorized L3Harris Channel Partner assigned to the City. This is a renewal to the existing annual maintenance agreement and authorizes Communications International to provide preventive maintenance, repair and/or replacement, demand, and emergency services on all of the City’s owned two-way radios and terminals used by Clearwater Police Department, Solid Waste & Recycling, Clearwater Gas System, and other city departments. Use of another company to perform these services and repairs may void portions of coverage still under warranty. There are only two providers that provide this type of equipment and service, and they are L3Harris and Motorola. CI is the sole provider for L3Harris, and we utilize the L3Harris radio format opposed to Motorola. There is no alternative available. The term of this annual maintenance agreement is for one year, October 1, 2023, through September 30, 2024. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 5666620-530300 to fund this contract. Page 1 City of Clearwater Printed on 10/31/2023 L3Harris.com | #L3Harris Confidential, Proprietary and Competition Sensitive L3HARRIS TECHNOLOGIES, INC. Communication Systems 221 Jefferson Ridge Parkway Lynchburg, VA USA 24501-6952 Phone 1-800-368-3277 L3Harris.com September 28, 2023 Yvette R. Clanton Contract & Procurement Specialist City of Clearwater General Services Department 1900 Grand Avenue, Clearwater 33765 Yvette.Clanton@myclearwater.com (727) 562-4890 x2867 Subject: Communications International, Inc., L3Harris Authorized Service Center and Dealer & Sole Source Provider This letter serves as written confirmation that Communications International, Inc. with offices in Vero Beach, Florida, is a L3Harris Dealer and Regional Center of Excellence-Elite Partner in good standing with L3Harris Technologies, Inc. As such, Communications International, Inc. is authorized to resell L3Harris Public Safety and Professional Communications products as outlined in the L3Harris dealer agreement. Additionally, Communications International, Inc. is a L3Harris PSPC Authorized Service Center (ASC) and is trained and certified to service & repair L3Harris PSPC products. Any services or repairs provided on L3Harris PSPC products by parties who do not hold ASC certification will automatically void the product warranty. In addition to the above, Communications International, Inc. is the sole authorized service provider for the City of Clearwater and their L3Harris communications equipment. Please contact me if you have any questions. Respectfully, Phil McTigue Sr Federal Channel Manager COMMUNICATIONS SYSTEMS / L3HARRIS TECHNOLOGIES Office +1-585-703-0441 / Mobile: +1-585-451-8992 L3Harris.com / phil.mctigue@L3Harris.com Terms N30 Salesperson Scot Macdonald Phone (813) 887-1888 E-mail smacdonald@ask4ci.com Communications International, Inc. 4450 US Highway 1 VERO BEACH, FL 32967 Bill to City of Clearwater 100 S. Myrtle Ave PO Box 4748 CLEARWATER, FL 33756 Delivery address City of Clearwater 100 S. Myrtle Ave PO Box 4748 CLEARWATER, FL 33756 Terminal Maintenance 10/1/23 - 9/30/24 City-Wide Two-Way Radio Repair and Maintenance Order Acceptance - Please sign below Signature Printed name Date By signing this quotation and/or submitting a purchase order pursuant to this quotation you acknowledge that you have read and agree to be bound by Communications International, Inc.’s terms and conditions of sale, service, and technical support. Orders may be subject to shipping & handling charges. All warranties are manufacturer’s warranties. Terms and Conditions: www.ask4ci.com/termsandconditions Not an Invoice – Do Not Pay Pre-tax Total $184,002.00 This quotation does not include tax Applicable taxes will be calculated during invoicing This proposal does not reflect (include) material/labor cost escalations beyond a standard inflationary rate (SIR) of 6.5%. We reserve the right to recover cost impacts above (SIR). Equipment will be invoiced upon delivery. Item Description Quantity Price Line Discount Net Price Extended Price (333) Police Portable Maintenance 9.00 4,995.00 0%4,995.00 44,955.00 Warranty End Date 12/31/23 (265) Police Mobiles Maintenance 9.00 3,975.00 0%3,975.00 35,775.00 Warranty End Date 12/31/23 (39) Control Stations 12.00 507.00 0%507.00 6,084.00 (126) City Mobiles 12.00 1,638.00 0%1,638.00 19,656.00 (497) City Portables 12.00 6,461.00 0%6,461.00 77,532.00 Quotation Page 1 of 1 Date 10/18/2023 11/30/2023Expiration date Quotation ID QO0025117 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1283 Agenda Date: 11/2/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 6.11 SUBJECT/RECOMMENDATION: Reappoint Meg Taylor to the Nuisance Abatement Board with a term to expire September 1, 2027. (consent) SUMMARY: BOARD: Nuisance Abatement Board TERM: 4 years FINANCIAL DISCLOSURE: Yes APPOINTED BY: City Council RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 APPTS. NEEDED: 1 Purpose: The Nuisance Abatement Board will be composed of seven city residents who will conduct hearings on public nuisance cases associated with prostitution and drug-related activities on known properties throughout the City. THE FOLLOWING BOARD MEMBER HAS A TERM WHICH HAS EXPIRED AND NOW REQUIRES REAPPOINTMENT: 1. Meg Taylor - 1423 Pinebrook Dr. - Librarian Original appointment: 7/18/2019 (currently serving 1st term through 8/31/2023) Zip codes of current members: 2 at 33755 3 at 33756 1 at 33759 STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 10/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1300 Agenda Date: 11/2/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 6.12 SUBJECT/RECOMMENDATION: Appoint Melinda Bacon to the Sister Cities Advisory Board, as the Clearwater Arts Alliance representative, with a term to expire October 31, 2027. (consent) SUMMARY: BOARD: Sister Cities Advisory Board TERM: 4 years APPOINTED BY: Sister Cities Advisory Board FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: One member of the City Council MEMBERS: 6 + 1 At-large member CHAIRPERSON: Michael Ballard MEETING DATES: Quarterly PLACE: Council Chambers APPOINTMENTS NEEDED: 1 SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc., the local business community, the School Board’s World Language Coordinator or designee, and the Clearwater Arts Alliance shall not be required to reside within the City of Clearwater. THE FOLLOWING ADVISORY BOARD MEMBER TERM HAS EXPIRED: 1.Sallie Park - 1328 Michigan Ave. Palm Harbor, FL 34683- CL Arts Alliance representative Term ended 4/30/2023 THE FOLLOWING APPLICATION HAS BEEN SUBMITTED FOR COUNCIL’S CONSIDERATION: 1.Melinda Bacon - 3198 Eagles Landing Circle West, Clearwater, FL 33761 - CL Arts Alliance representative Zip codes of current members: 1 - 33710 2 - 33755 1 - 33761 1 - 33767 1 - 33763 STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 10/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1377 Agenda Date: 11/2/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 6.13 SUBJECT/RECOMMENDATION: Reappoint Charles Engel to the Municipal Code Enforcement Board with a term to expire October 31, 2026. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general contractor, sub-contractor & a realtor MEMBERS: 7 CHAIR: Nicole Bray MEETING DATES: 4th Wed., 1:30 p.m. Nov. and Dec. - TBA APPOINTMENTS NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Charles Engel - 211 S Prospect Avenue, #603 - 33756 - Retired Engineer Original Appointment: 9/1/2022 (was serving unexpired term through 10/31/23) Zip codes of current members: 1 at 33755; 1 at 33756; 1 at 33759; 1 at 33763; 2 at 33767; 1 at 33761 Current Categories: 1 Business Owner 1 Civil Engineer 1 Production/Tour Manager 1 Real Estate Consultant 1 Real Estate Investor 1 Self Employed STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 10/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1306 Agenda Date: 11/2/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 6.14 SUBJECT/RECOMMENDATION: Approve the Third Amendment to Contract for Purchase of Real Property, extending the due diligence period regarding Gotham and DeNunzio’s purchase of the old City Hall site, and authorize the appropriate officials to execute same. (consent) SUMMARY: City staff received HR&A’s final and complete report to the City on October 11. This report has been shared with the City Council, the Buyers, and the media. Now that the report has been finalized, city staff are engaging in conversations with the Buyers. Those conversations will likely continue beyond October 31, when the due diligence period expires. As a result, the parties propose an extension. STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 10/31/2023 1 THIRD AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTY This THIRD AMENDMENT TO CONTRACT FOR PURCHASE REAL PROPERTY (this “Amendment”) is entered into this _____ day of October, 2023, by and among THE CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (“Seller”), and The DeNunzio Group, LLC, a Florida limited liability company ("DeNunzio"), and Gotham Property Acquisitions, LLC, a New York limited liability company (“Gotham”) (DeNunzio and Gotham shall be collectively referred to as “Purchaser”). WHEREAS, Seller and Purchaser entered into that certain Contract for Purchase of Real Property with an effective date of August 15, 2022, as amended by that certain First Amendment to Contract for Purchase Real Property with an effective date of January 9, 2023, as amended by that certain Second Amendment to Contract for Purchase Real Property with an effective date of August 22, 2023 (collectively, the “Agreement”), concerning the sale from Seller to Purchaser of the property known as the “Old City Hall Site”, as more particularly defined in the Agreement and Exhibit “A” attached hereto; and WHEREAS, Seller and Purchaser desire to amend the Agreement to extend the inspection period for the Old City Hall Site as more particularly set forth herein. NOW, THEREFORE, for and in consideration of the sum of $1.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, Purchaser and Seller hereby agree as follows: 1. Capitalized Terms. All capitalized terms used but not defined herein shall have the meanings ascribed to them in the Agreement. 2. Inspection Period. Section 19 of the Agreement is hereby amended so that the Inspection Period as defined in Section 19 is extended until February 28, 2024. 3. Conflict in Terms. In the event of any conflict between the terms of this Amendment and the Agreement, the terms contained in this Amendment shall supersede and control. 4. Ratification; Full Force and Effect. Except as expressly modified and amended herein, the terms of the Agreement are hereby ratified and affirmed and shall remain in full force and effect. 5. Severability. If any provision of this Amendment shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this Amendment and the application of such provision shall not be affected thereby, but rather shall be enforced to the maximum extent possible. 6. Headings. The captions and headings used throughout this Amendment are for convenience of reference only and shall not affect the interpretation of this Amendment. 2 7. Counterparts. This Amendment may be executed in two or more counterparts and/or counterpart signature pages, each of which shall be deemed an original, and all of which shall constitute one and the same instrument. In addition, the parties may execute this Amendment by pdf of facsimile signature which shall be deemed for all purposes original signatures. 8. Binding Effect. This Amendment shall inure to the benefit of and shall be binding upon each of the parties hereto and their respective successors and assigns. 9. Entire Agreement. Collectively, the Agreement and this Amendment are the total agreement of the parties and replaces any prior negotiations, understandings or agreements among the parties, whether written or oral, pertaining to subject matter hereof. Each of the parties acknowledges representation by counsel throughout all of the negotiations which preceded execution of this Amendment, and this Amendment has been executed freely and voluntarily with the consent of and upon the advice of counsel. Each of the parties acknowledges that it has not relied on any promise, covenant, representation, or warranty, express or implied, not expressly set forth in this Amendment. [Signature Pages Follow] 3 PURCHASER SIGNATURE PAGE FOR THIRD AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTY IN WITNESS WHEREOF, Seller and Purchaser have executed this Amendment as of the date and year first written above. THE DENUNZIO GROUP, LLC, a Florida limited liability company Date: October____, 2023 By: Name: Dustin J. DeNunzio Title: Manager GOTHAM PROPERTY ACQUISITIONS LLC, a New York limited liability company Date: October_____, 2023 By: ________________________________ Name: ______________________________ Title: _______________________________ 4 18776228v1 SELLER SIGNATURE PAGE FOR THIRD AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTY Countersigned: CITY OF CLEARWATER, FLORIDA, A Florida municipal corporation. By: _________________________________ By: ________________________________ Brian J. Aungst, Sr. Jennifer Poirrier Mayor City Manager Approved as to form: Attest: _________________________________ _________________________________ Matthew J. Mytych, Esq. Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9706-23 2nd rdg Agenda Date: 11/2/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9706-23 on second reading, annexing certain real property whose post office address is 210 Meadow Lark Lane, Clearwater, Florida 33759, together with an unaddressed parcel located on the west side of Meadow Lark Lane approximately 760 feet north of Gulf to Bay Boulevard, together with all unincorporated right-of-way of Kentucky Avenue and an unnamed alley, 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 10/31/2023 Ordinance No. 9706-23 ORDINANCE NO. 9706-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MEADOW LARK LANE APPROXIMATELY 875 FEET NORTH OF GULF TO BAY BOULEVARD, WHOSE POST OFFICE ADDRESS IS 210 MEADOW LARK LANE, CLEARWATER, FLORIDA 33759, TOGETHER WITH AN UNADDRESSED PARCEL LOCATED ON THE WEST SIDE OF MEADOW LARK LANE APPROXIMATELY 760 FEET NORTH OF GULF TO BAY BOULEVARD, TOGETHER WITH ALL UNINCORPORATED RIGHT-OF-WAY OF KENTUCKY AVENUE AND AN UNNAMED ALLEY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real properties described herein and depicted on the map attached hereto as Exhibit “B” has petitioned the City of Clearwater to annex the properties 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 properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for legal description. (ANX2023-06007) 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. 9706-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Mark Bunker Vice Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” LEGAL DESCRIPTIONS ANX2023-06007 ========================================================================================= North 1/2 of Lots 7 and 8, less the west one (1) foot of the south Fifty (50) feet of the North 63.50 feet of Lot 8, Block, 4, Bay View City Subdivision, according to the map or plat thereof, as recorded in Plat Book 9, Page 43, public records of Pinellas County, Florida. Lot 5 and 6, and the East 36.00 feet of Lot 4, Block 4, Bay View City Subdivision, according to the map or plat thereof, as recorded in Plat Book 9, Page 43, public records of Pinellas County. Together with: All unincorporated Right-of-Way (136 LF, more or less) of Kentucky Ave Right-of-Way, West from the West Right-of-Way line of Meadow Lark Ln, and all unincorporated Right-of-Way (136 LF, more or less) of unnamed alley, West from the West Right-of-Way line of Meadow Lark Ln. Parcel ID Number: 16-29-16-05292-004-0050 Parcel ID Number: 16-29-16-05292-004-0070 Exhibit “B” PROPOSED ANNEXATION Owner(s): First Baptist Church of Clearwater, Inc Case: ANX2023-06007 Site: 210 Meadow Lark Lane and Unaddressed Lot Property Size(Acres): ROW (Acres): 0.540 0.240 Land Use Zoning PIN: 16-29-16-05292-004-0050 16-29-16-05292-004-0070 From: Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Institutional (I) Institutional (I) LOCATION MAP Owner(s): First Baptist Church of Clearwater, Inc Case: ANX2023-06007 Site: 210 Meadow Lark Lane and Unaddressed Lot Property Size(Acres): ROW (Acres): 0.540 0.240 Land Use Zoning PIN: 16-29-16-05292-004-0050 16-29-16-05292-004-0070 From: Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Institutional (I) Institutional (I) AERIAL PHOTOGRAPH Owner(s): First Baptist Church of Clearwater, Inc Case: ANX2023-06007 Site: 210 Meadow Lark Lane and Unaddressed Lot Property Size(Acres): ROW (Acres): 0.540 0.240 Land Use Zoning PIN: 16-29-16-05292-004-0050 16-29-16-05292-004-0070 From: Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Institutional (I) Institutional (I) EXISTING SURROUNDING USES MAP Owner(s): First Baptist Church of Clearwater, Inc Case: ANX2023-06007 Site: 210 Meadow Lark Lane and Unaddressed Lot Property Size(Acres): ROW (Acres): 0.540 0.240 Land Use Zoning PIN: 16-29-16-05292-004-005016-29-16-05292-004-0070 From: Residential Urban (RU) R-3 Single FamilyResidential Atlas Page: 292A To: Institutional (I) Institutional (I) RV Park Detached Dwellings Hotel Community Center Offices Batting Cages/Storage Retail Vacant Recreational Field Restaurant ANX2023-06007 First Baptist Church of Clearwater, Inc. 210 Meadow Lark Lane View looking northwest at subject property on Meadow Lark Lane Across the street, to the north of the subject property View looking south at subject property on Kentucky Avenue Across the street, to the east of the subject property View looking westerly along Kentucky Avenue View looking easterly along Kentucky Avenue ANX2023-06007 First Baptist Church of Clearwater, Inc. Unaddressed Parcel on Meadow Lark Lane View looking west at subject property on Meadow Lark Lane South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along Meadow Lark Lane View looking southerly along Meadow Lark Lane Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9707-23 2nd rdg Agenda Date: 11/2/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Adopt Ordinance No. 9707-23 on second reading, amending the future land use plan element of the Comprehensive Plan of the City to change the land use for certain real property whose post office address is 210 Meadow Lark Lane, Clearwater, Florida 33759, together with an unaddressed parcel located on the west side of Meadow Lark Lane approximately 760 feet north of Gulf to Bay Boulevard, from Residential Urban (RU) (in Pinellas County) to Institutional (I), upon annexation into the City of Clearwater. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 10/31/2023 Ordinance No. 9707-23 ORDINANCE NO. 9707-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MEADOW LARK LANE APPROXIMATELY 875 FEET NORTH OF GULF TO BAY BOULEVARD, WHOSE POST OFFICE ADDRESS IS 210 MEADOW LARK LANE, CLEARWATER, FLORIDA 33759, TOGETHER WITH AN UNADDRESSED PARCEL LOCATED ON THE WEST SIDE OF MEADOW LARK LANE APPROXIMATELY 760 FEET NORTH OF GULF TO BAY BOULEVARD, FROM RESIDENTIAL URBAN (RU) (IN PINELLAS COUNTY), TO INSTITUTIONAL (I) UPON ANNEXATION INTO THE CITY OF CLEARWATER; 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 properties, as follows: Properties Land Use Category See attached Exhibit “A” for legal description; From: Residential Urban (RU) (Pinellas County) To: Institutional (I) (LUP2023-06002) 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. Ordinance No. 9707-23 Section 3. This ordinance shall take effect contingent upon and subject to the adoption of Ordinance No. 9706-23, approval of the countywide plan land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days post- adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Commerce (DOC) or the Administration Commission, where applicable, pursuant to Section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Mark Bunker Vice Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” LEGAL DESCRIPTIONS ANX2023-06007 ========================================================================================= North 1/2 of Lots 7 and 8, less the west one (1) foot of the south Fifty (50) feet of the North 63.50 feet of Lot 8, Block, 4, Bay View City Subdivision, according to the map or plat thereof, as recorded in Plat Book 9, Page 43, public records of Pinellas County, Florida. Lot 5 and 6, and the East 36.00 feet of Lot 4, Block 4, Bay View City Subdivision, according to the map or plat thereof, as recorded in Plat Book 9, Page 43, public records of Pinellas County. Together with: All unincorporated Right-of-Way (136 LF, more or less) of Kentucky Ave Right-of-Way, West from the West Right-of-Way line of Meadow Lark Ln, and all unincorporated Right-of-Way (136 LF, more or less) of unnamed alley, West from the West Right-of-Way line of Meadow Lark Ln. Parcel ID Number: 16-29-16-05292-004-0050 Parcel ID Number: 16-29-16-05292-004-0070 Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): First Baptist Church of Clearwater, Inc Case: LUP2023-06002 REZ2023-06001 Site: 210 Meadow Lark Lane and Unaddressed Lot Property Size(Acres): 0.540 Land Use Zoning PIN: 16-29-16-05292-004-0050 16-29-16-05292-004-0070 From: Residential Urban (RU) R-3 Single Family Residential To: Institutional (I) Institutional (I) Atlas Page: 292A Background: This case involves two parcels totaling 0.540-acres located on the west side of Meadow Lark Lane approximately 820 feet north of Gulf to Bay Boulevard. The properties are owned by First Baptist Church of Clearwater, Inc. and are currently vacant. The parcels are within Pinellas County’s jurisdiction, and the applicant has submitted a Petition for Annexation (ANX2023-06007) that is being processed concurrently with this case. The request is to change the Future Land Use Map category of these properties from Residential Urban (RU) (Pinellas County) to Institutional (I). A Zoning Atlas Amendment application (REZ2023-06001) is also being processed concurrently with this case. The church has continued to purchase residential properties in the areas adjacent to and in vicinity of its 41.016-acre main parcel which includes Calvary Baptist Church, Calvary Christian High School, athletic facilities, and other institutional uses that support the church. As this expansion has occurred over time, properties have been annexed and assembled into the main parcel, future land use and zoning amendments have been approved to ensure the overall property would have a consistent institutional designation. The subject parcels border the church’s main parcel to the north and west. Additionally, the church owns the properties to the east of the subject parcels which includes batting cages and storage serving as accessory uses to the school, as well as a residential property. Refer to Map 2 for an aerial view of the subject parcels and property owned by the church in the surrounding area. The subject parcels are currently vacant as the prior existing structures were demolished in mid-2023, according to demolition permits filed with Pinellas County. Prior to demolition, the northern parcel was developed with two detached dwellings, while the southern parcel has historically been vacant. The applicant has indicated that the properties will be used for a softball field, but no site plans have been submitted at this PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: October 3, 2023 AGENDA ITEM: F.2. CASE: LUP2023-06002 REQUEST: To amend the Future Land Use Map designation from Residential Urban (RU) (Pinellas County) to Institutional (I) GENERAL DATA: Agent............................... Owner............................. Brian J. Aungst, Jr. Esq.; Macfarlane Ferguson & McMullen First Baptist Church of Clearwater, Inc. Location .......................... 210 Meadow Lark Lane and an unaddressed parcel, both located on the west side of Meadow Lark Lane approximately 820 feet north of Gulf to Bay Boulevard. Property Size ................... 0.540 acres Community Development Board – October 3, 2023 LUP2023-06002 - Page 2 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION time. However, in response to staff comments requesting more information on potential mitigation to limit impacts on the remaining residential properties in the area, the applicant submitted a preliminary design as a part of their application. The submittal of the preliminary design is not required nor reviewed as a part of this application, and the site plan is not one of the factors to consider when rendering a decision on a land use plan amendment pursuant to Community Development Code Section 4-603. Any potential future development and site plans would be reviewed during the development review process. The requested amendment to the Institutional (I) category is consistent with the surrounding parcels and would allow for continuity with the church’s main parcel that would allow for uniform redevelopment in the future. An amendment to the Countywide Plan Map will also be required to bring consistency between the City’s Future Land Use Map and the Countywide Plan Map. The applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. Vicinity Characteristics: Maps 1 and 2 show the general location of the properties and an aerial view of the amendment area and its surroundings. Map 1 Community Development Board – October 3, 2023 LUP2023-06002 - Page 3 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 2 Community Development Board – October 3, 2023 LUP2023-06002 - Page 4 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 3 shows the existing surrounding uses. The proposed amendment area is abutting to the main Calvary Baptist Church parcel and campus, which consists of a church, high school, athletic facilities, parking, and additional institutional uses supporting the main church. To the east of the amendment area along Meadow Lark Lane there is a parcel being used for batting cages and storage, and two detached dwellings. Detached dwellings also exist to the south between Tennessee Avenue and Carolina Avenue. To the west across Bayview Avenue there is an RV Park and further south along Gulf to Bay Boulevard there is a mix of uses including restaurants, a hotel, offices, and retail. Map 3 Community Development Board – October 3, 2023 LUP2023-06002 - Page 5 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the future land use categories abutting the amendment area are Institutional (I) to the north, west and east recognizing the church owned property, and Residential Urban (RU) to the east. Institutional also exists further north along Bayview Avenue and further east of the amendment area across Bay Street. The unincorporated property to the south of the amendment area is designated Residential Urban (RU) under Pinellas County’s jurisdiction. Residential Urban (RU) also exists to the south between Tennessee Avenue and Carolina Avenue. The US 19 – Regional Center (US 19-RC) future land use category exists to the west across Bayview Avenue, to the southeast along Carolina Avenue, and further south along Gulf to Bay Boulevard. Map 4 Community Development Board – October 3, 2023 LUP2023-06002 - Page 6 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION A comparison between the uses, densities, and intensities allowed by the existing and proposed Future Land Use Map (FLUM) designations appears in Table 1, along with the consistent zoning districts. Table 1. Uses, Densities and Intensities Allowed by Existing and Proposed Future Land Use Map Designations Existing FLUM Designation Residential Urban (RU) Proposed FLUM Designation Institutional (I) Primary Uses: Urban Low Density Residential; Residential Equivalent Public/Private Schools; Churches; Public Offices; Hospitals; Residential Equivalent Maximum Density: 7.5 Dwelling Units per Acre 12.5 Dwelling Units per Acre Maximum Intensity: FAR 0.40; ISR 0.65 FAR 0.65; ISR 0.85 Consistent Zoning Districts: Low Medium Density Residential (LMDR); Medium Density Residential (MDR) Institutional (I) REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goal, objective, and policies of the Clearwater Comprehensive Plan that support the proposed amendment include: Objective A.2.2 Future Land Use in the City of Clearwater shall be guided by the City’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the City’s Community Development Code. Policy A.2.2.13 All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineation, other standards, and special rules. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Policy B.1.4.1 The City will continue to review potential trips generated by requests for amendment to the Future Land Use Map. Community Development Board – October 3, 2023 LUP2023-06002 - Page 7 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The proposed Institutional (I) future land use category is compatible with the Institutional (I) future land use category that exists on the abutting 41.016-acre Calvary Baptist Church parcel which borders the amendment area to the north and west. Historically, as the church has acquired additional properties the future land use designations of those properties were also amended to the Institutional (I) future land use category. Although the proposed amendment involves parcels currently outside of the church’s main parcel, it would follow historical precedence and would allow for the subject parcels to be amended to the Institutional (I) future land use category. Although Residential Urban (RU) exists to the south of the amendment area, the character of this area is largely institutional because of the church’s past expansion and ownership in the area. Any future trips generated would be reviewed at the time of site plan review in accordance with the Mobility Management System. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request is consistent with the goals, objectives, and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated above. Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Residential Low Medium (RLM). This Residential Low Medium (RLM) category is also to the east and south of the subject parcels. Properties to the west, east, and north are designated with the Public/Semi-Public (P/SP) category. Section 2.3.3.2 of the Countywide Rules states that the current Residential Low Medium (RLM) category is intended to depict areas that are now developed, or appropriate to be developed, in a suburban, low density or moderately dense residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the suburban qualities, transportation facilities, including transit, and natural resources of such areas. The Residential Low Medium (RLM) category also contains maximum acreage thresholds for certain uses. Any use that exceeds the acreage threshold is required to undergo an amendment to a category where the use does not have an acreage maximum. Institutional uses in the Residential Low Medium (RLM) category are permitted up to five acres. Although the subject parcels are under five acres, since the larger church parcel is just over 41 acres, this provision would apply, requiring an amendment to the Public/Semi-Public (P/SP) category. The proposed City of Clearwater future land use designation of Institutional (I) will necessitate a Countywide Plan Map amendment from the Residential Low Medium (RLM) category to the Public/Semi-Public (P/SP) category in order to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. Section 2.3.3.10 of the Countywide Rules states that the Public/Semi-Public (P/SP) category is intended to recognize institutional, and transportation/utility uses that serve the community or region, especially larger facilities having acreage exceeding the threshold established in other plan categories, and which are consistent with the need, character, and scale of such uses relative to the surrounding uses, transportation facilities, and natural resource features. Community Development Board – October 3, 2023 LUP2023-06002 - Page 8 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The proposed Future Land Use Map Amendment will require an amendment to the Countywide Plan Map category from Residential Low Medium (RLM) to Public/Semi Public (P/SP). The proposed amendment is consistent with the purpose of the proposed Public/Semi-Public (P/SP) category in the Countywide Rules. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: The proposed amendment area is currently vacant and abuts the church’s main parcel to the north and west which has a future land use category of Institutional (I). The church’s main parcel consists of a church, high school, athletic facilities, parking, and additional institutional uses supporting the main church. To the east of the amendment area along Meadow Lark Lane there is a parcel being used for batting cages and storage, and two detached dwellings. Detached dwellings also exist to the south between Tennessee Avenue and Carolina Avenue. To the west across Bayview Avenue there is an RV Park, and further south along Gulf to Bay Boulevard there is a mix of uses including restaurants, a hotel, offices, and retail. The proposed Institutional (I) future land use category primarily permits residential equivalent uses at a density of 12.5 dwelling units per acre and 3 beds per dwelling unit, or nonresidential development at a floor area ratio (FAR) of 0.65. The future land use designations of surrounding properties include Residential Urban (RU), Institutional (I), and US 19 – Regional Center (US 19-RC). The proposed Institutional (I) future land use category, which primarily allows for public/private schools, churches, public offices, or residential equivalent, is consistent with the surrounding areas, including the 41.016-acre parcel owned by the applicant that borders the subject parcels to the north and west, and to the institutionally zoned parcel to the east which is also owned by the church. The Institutional (I) future land use category has existed in the area for numerous years, and the proposed use of a softball field is potentially compatible with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Institutional (I) future land use category would allow development that is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the existing and proposed city Future Land Use Map designations were analyzed. Community Development Board – October 3, 2023 LUP2023-06002 - Page 9 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 2. Development Potential for Existing & Proposed FLUM Designations Existing FLUM Designation “RU” Proposed FLUM Designation “I” Net Change Site Area 0.540 AC (23,522 SF) 0.540 AC (23,522 SF) Maximum Development Potential 4 DUs / 0 Beds1 9,408 SF 0.40 FAR 0 DUs2 / 18 Beds 15,289 SF 0.65 FAR -4 DUs / +18 Beds +5,881SF +0.25 FAR Notes: 1. Residential equivalent uses are not permitted in the consistent Low Medium Density Residential (LMDR) District; therefore, the development potential is zero. 2. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (3 beds per unit per acre). Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in development potential of over 5,000 square feet. The following analysis compares the maximum potential development of the proposed Institutional (I) future land use developed with a 15,289 square foot non-residential use to the maximum development potential of the existing Residential Urban (RU) future land use category developed with a maximum of 4 dwelling units. Since the amendment area is vacant, any development would increase the demand for public facilities, which is further detailed below. Potable Water The change in development potential from this amendment would result in an increase in potable water use of up to 487.9 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum square footage permitted (1,528.9 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum density permitted by the current land use designation (1,041 gallons per day). Since the amendment area is currently vacant, the potable water utilization could increase up to 1,528.9 gallons per day if the amendment area were to be developed with a non-residential use at the maximum development potential of 15,289 square feet. However, due to future development having to meet zoning code requirements, it’s likely that the actual development would be less than the maximum development potential, meaning the increase in potable water would be less than the maximum potential of 1,528.9 gallons per day as shown in the analysis. The city’s current potable water demand is 11.26 million gallons per day (MGD). The city’s adopted level of service (LOS) standard for potable water service is 120 gallons per capita per day, while the actual usage is estimated at 78 gallons per capita per day (2021 Annual Water Report). The city’s 10-year Water Supply Facilities Work Plan (2022-2023 Planning Period), completed July 2022, indicates that based on the updated water demand projections and other factors, the city has adequate water supply and potable water capacity for the 10-year planning horizon. Community Development Board – October 3, 2023 LUP2023-06002 - Page 10 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Wastewater The change in development potential from this amendment would result in an increase in wastewater use of up to 286 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum square footage permitted (1,223 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum density permitted by the current land use designation (937 gallons per day). Since the amendment area is currently vacant, the wastewater utilization could increase up to 1,223 gallons per day if the amendment area were to be developed with a non-residential use at the maximum development potential of 15,289 square feet. However, due to future development having to meet zoning code requirements, it’s likely that the actual development would be less than the maximum development potential, meaning the increase in wastewater would be less than the maximum potential of 1,223 gallons per day as shown in the analysis. The amendment area is served by the East Water Reclamation Facility, which presently operates around 1.91 million gallons per day, which is well within its permitted capacity of 5 million gallons per day. Therefore, there is excess wastewater capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would result in an increase of up to 16.7 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with the maximum square footage permitted (26.8 tons per year) and subtracting it from the potential utilization of a residential use built out at the maximum density permitted by the current land use designation (10.1 tons per year). Since the amendment area is currently vacant, the solid waste created could increase up to 16.7 tons if the amendment area were to be developed with a non-residential use at the maximum development potential of 15,289 square feet. However, due to future development having to meet zoning code requirements, it’s likely that the actual development would be less than the maximum development potential, meaning the increase in solid waste would be less than the maximum potential of 26.8 tons per year as shown in the analysis. Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill, which has significant capacity. Additionally, the city provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed future land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The city is currently providing 7.95 acres of parkland per 1,000 residents. This is calculated using the total acreage of parks within the city, dividing it by the 2022 Florida Bureau of Economic and Business Research (BEBR) population estimates, and then multiplying by 1,000. Based on this impact analysis, the current provision of 7.95 acres of parkland per 1,000 would remain unchanged [Source: Parks and Recreation Facilities Impact Fee Study, prepared by Benesch (formerly Tindale Oliver) May 23, 2022]. Community Development Board – October 3, 2023 LUP2023-06002 - Page 11 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Amending a property’s future land use or zoning designation does not have an immediate impact on the city’s parks and recreation system and parkland requirements. Impacts are felt when development occurs. This Future Land Use Map Amendment will have no additional impact on parkland. Stormwater Site plan approval will be required before the amendment area can be redeveloped. At that time, the stormwater management system for the site will be required to meet all city and Southwest Florida Water Management District stormwater management criteria. Streets The amendment area is generally located at the corner of Meadow Lark Lane and Kentucky Avenue. To evaluate potential impacts to streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (36 trips) is calculated based on the traffic generation numbers for the Residential Low Medium (RLM) category (67 trips per day per acre), and the proposed number of trips under the Public/Semi-Public (P/SP) category would be 103 trips (192 trips per day per acre). This could be an increase of 67 trips from the amendment area. Since the amendment area is currently vacant, any development would increase the number of trips to and from the site. The amendment area can be accessed from Gulf to Bay Boulevard via Meadow Lark Lane and from Drew Street via Bayview Avenue and Kentucky Avenue. Gulf to Bay Boulevard is a six-lane, divided principal arterial roadway and Drew Street is a four-lane, divided collector roadway. Meadow Lark Lane and Kentucky Avenue are both two-lane undivided roadways, and Bayview Avenue is a two-lane, divided roadway. There have been preliminary discussions for a traffic signal to be added at the intersection of Bayview Avenue and Gulf to Bay Boulevard, but funding has not been secured at this time. The Public Works Department’s Traffic Engineering Division would likely provide traffic-related comments at the time of site plan review to address code requirements. Recommended Conclusions of Law: Based upon the findings of fact, the proposed amendment would increase the demand on several of the public facilities since the amendment area is currently vacant; however, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management, and streets. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the amendment area. The city’s codes require that development is compliant with the city’s tree preservation, landscaping, and stormwater management requirements. Recommended Conclusions of Law: Based on the findings of fact, it is determined that the proposed Future Land Use Map Amendment will not negatively impact natural resources on the amendment area. Community Development Board – October 3, 2023 LUP2023-06002 - Page 12 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards under to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Residential Urban (RU) (Pinellas County) to Institutional (I). Prepared by Planning and Development Department Staff: Dylan Prins Planner ATTACHMENTS: Ordinance No. 9707-23 Photographs of Site and Vicinity Resume LUP2023-06002 and REZ2023-06001 First Baptist Church of Clearwater, Inc. 210 Meadow Lark Lane View looking northwest at subject property on Meadow Lark Lane Across the street, to the north of the subject property View looking south at subject property on Kentucky Avenue Across the street, to the east of the subject property View looking westerly along Kentucky Avenue View looking easterly along Kentucky Avenue LUP2023-06002 and REZ2023-06001 First Baptist Church of Clearwater, Inc. Unaddressed Parcel on Meadow Lark Lane View looking west at subject property on Meadow Lark Lane South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along Meadow Lark Lane View looking southerly along Meadow Lark Lane Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9708-23 2nd rdg Agenda Date: 11/2/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Adopt Ordinance No. 9708-23 on second reading, amending the Zoning Atlas of the City by rezoning certain real property whose post office address is 210 Meadow Lark Lane, Clearwater, Florida 33759, together with an unaddressed parcel located on the west side of Meadow Lark Lane approximately 760 feet north of Gulf to Bay Boulevard, from R-3, Single Family Residential (in Pinellas County) to Institutional (I) upon annexation into the City of Clearwater. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 10/31/2023 Ordinance No. 9708-23 ORDINANCE NO. 9708-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MEADOW LARK LANE APPROXIMATELY 875 FEET NORTH OF GULF TO BAY BOULEVARD, WHOSE POST OFFICE ADDRESS IS 210 MEADOW LARK LANE, CLEARWATER, FLORIDA 33759, TOGETHER WITH AN UNADDRESSED PARCEL LOCATED ON THE WEST SIDE OF MEADOW LARK LANE APPROXIMATELY 760 FEET NORTH OF GULF TO BAY BOULEVARD, FROM R-3 SINGLE FAMILY RESIDENTIAL (IN PINELLAS COUNTY) TO INSTITUTIONAL (I) UPON ANNEXATION INTO THE CITY OF CLEARWATER; 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 the City of Clearwater, Florida, is hereby rezoned as indicated, 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. 9706-23 (annexation ordinance), and subject to the approval of the land use designation set forth in Ordinance 9707-23 by the Pinellas County Board of Commissioners, where applicable. Properties Zoning District See attached Exhibit “A” for legal description; From: R-3 Single Family Residential (Pinellas County) To: Institutional (I) (REZ2023-06001) Ordinance No. 9708-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Mark Bunker Vice Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” LEGAL DESCRIPTIONS ANX2023-06007 ========================================================================================= North 1/2 of Lots 7 and 8, less the west one (1) foot of the south Fifty (50) feet of the North 63.50 feet of Lot 8, Block, 4, Bay View City Subdivision, according to the map or plat thereof, as recorded in Plat Book 9, Page 43, public records of Pinellas County, Florida. Lot 5 and 6, and the East 36.00 feet of Lot 4, Block 4, Bay View City Subdivision, according to the map or plat thereof, as recorded in Plat Book 9, Page 43, public records of Pinellas County. Together with: All unincorporated Right-of-Way (136 LF, more or less) of Kentucky Ave Right-of-Way, West from the West Right-of-Way line of Meadow Lark Ln, and all unincorporated Right-of-Way (136 LF, more or less) of unnamed alley, West from the West Right-of-Way line of Meadow Lark Ln. Parcel ID Number: 16-29-16-05292-004-0050 Parcel ID Number: 16-29-16-05292-004-0070 Exhibit “B” PROPOSED ZONING MAP Owner(s): First Baptist Church of Clearwater, Inc Case: LUP2023-06002 REZ2023-06001 Site: 210 Meadow Lark Lane and Unaddressed Lot Property Size(Acres): 0.540 Land Use Zoning PIN: 16-29-16-05292-004-0050 16-29-16-05292-004-0070 From: Residential Urban (RU) R-3 Single Family Residential To: Institutional (I) Institutional (I) Atlas Page: 292A PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: October 3, 2023 AGENDA ITEM: F.3. CASE: REZ2023-06001 REQUEST: To amend the Zoning Atlas designation from R-3, Single Family Residential (Pinellas County) to Institutional (I) GENERAL DATA: Agent................................ Owner ............................. Brian J. Aungst, Jr. Esq.; Macfarlane Ferguson & McMullen First Baptist Church of Clearwater, Inc. Location ......................... 210 Meadow Lark Lane and an unaddressed parcel, both located on the west side of Meadow Lark Lane approximately 820 feet north of Gulf to Bay Boulevard. Property Size................... 0.540 acres Background: This case involves two parcels totaling 0.540-acres located on the west side of Meadow Lark Lane approximately 820 feet north of Gulf to Bay Boulevard. The properties are owned by First Baptist Church of Clearwater, Inc. and are currently vacant. The parcels are within Pinellas County’s jurisdiction, and the applicant has submitted a Petition for Annexation (ANX2023-06007) that is being processed concurrently with this case. The request is to change the Zoning Atlas designation of these properties from R-3, Single Family Residential (Pinellas County) to Institutional (I). A Future Land Use Plan Amendment application (LUP2023-06002) is also being processed concurrently with this case. The church has continued to purchase residential properties in the areas adjacent to and in vicinity of its 41.016-acre main parcel which includes Calvary Baptist Church, Calvary Christian High School, athletic facilities, and other institutional uses that support the church. As this expansion has occurred over time, properties have been annexed and assembled into the main parcel, future land use and zoning amendments have been approved to ensure the overall property would have a consistent institutional designation. The subject parcels border the church’s main parcel to the north and west. Additionally, the church owns the properties to the east of the subject parcels which includes batting cages and storage serving as accessory uses to the school, as well as a residential property. Refer to Map 2 for an aerial view of the subject parcels and property owned by the church in the surrounding area. The subject parcels are currently vacant as the prior existing structures were demolished in mid-2023, according to demolition permits filed with Pinellas County. Prior to demolition, the northern parcel was developed with two detached dwellings, while the southern parcel has historically been vacant. The applicant has indicated that the properties will be used for a softball field, but no site plans have been submitted at this time. However, in response to staff comments requesting more information on potential mitigation to limit Community Development Board – October 3, 2023 REZ2023-06001- Page 2 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION impacts on the remaining residential properties in the area, the applicant submitted a preliminary design as a part of their application. The submittal of the preliminary design is not required nor reviewed as a part of this application, and the site plan is not one of the factors to consider when rendering a decision on a zoning atlas amendment pursuant to Community Development Code Section 4-602. Any potential future development and site plans would be reviewed during the development review process. Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Community Development Board – October 3, 2023 REZ2023-06001- Page 3 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 2 Community Development Board – October 3, 2023 REZ2023-06001- Page 4 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 3 shows the existing surrounding uses. The proposed amendment area is abutting to the main Calvary Baptist Church parcel and campus, which consists of a church, high school, athletic facilities, parking, and additional institutional uses supporting the main church. To the east of the amendment area along Meadow Lark Lane there is a parcel being used for batting cages and storage, and two detached dwellings Detached dwellings also exist to the south between Tennessee Avenue and Carolina Avenue. To the west across Bayview Avenue there is an RV Park and further south along Gulf to Bay Boulevard there is a mix of uses including restaurants, a hotel, offices, and retail. Map 3 Community Development Board – October 3, 2023 REZ2023-06001- Page 5 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the Zoning Atlas designations abutting the amendment area are Institutional (I) to the north, west and east recognizing the church owned property, and Low Medium Density Residential (LMDR) to the east. Institutional (I) also exists further north along Bayview Avenue and further east of the amendment area across Bay Street. The unincorporated property to the south of the amendment area is designated R-3, Single Family Residential under Pinellas County’s jurisdiction. Low Medium Density Residential (LMDR) also exists to the south between Tennessee Avenue and Carolina Avenue. The US 19 (US 19) Zoning District exists to the west across Bayview Avenue, to the southeast along Carolina Avenue, and further south along Gulf to Bay Boulevard. Map 4 Community Development Board – October 3, 2023 REZ2023-06001- Page 6 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Section 4-602.F.1] Recommended Findings of Fact: Applicable goal, objective, and policies of the Clearwater Comprehensive Plan that support the proposed amendment include: Objective A.2.2 Future Land Use in the City of Clearwater shall be guided by the City’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the City’s Community Development Code. Policy A.2.2.13 All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineation, other standards, and special rules. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Policy B.1.4.1 The City will continue to review potential trips generated by requests for amendment to the Future Land Use Map. Applicable section of the Community Development Code which is applicable to the proposed amendment: Division 12. Institutional District, Section 2-1201. Intent and Purpose. The intent and purpose of the Institutional "I" District is to establish areas where public and private organizations can establish and operate institutions with a public interest in support of the quality of life of the citizens of the City of Clearwater without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. The proposed Institutional (I) Zoning District is compatible with the existing Institutional (I) Zoning District that exists on the abutting 41.016-acre Calvary Baptist Church parcel which borders the amendment area to the north and west. Historically, as the church has acquired additional properties and expanded its main parcel the zoning designations of those properties were also amended to Institutional so that one designation encompassed the parcel. Although the proposed amendment involves parcels currently outside of the church’s main parcel, it would follow historical precedence and would allow for the subject parcels to be amended to the Institutional (I) Zoning District. Although Low Medium Density Residential (LMDR) and R- 3 Single Family Residential (Pinellas County) exists to the south of the amendment area, the character of this area is largely institutional because of the church’s past expansion and ownership in the area. Community Development Board – October 3, 2023 REZ2023-06001- Page 7 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Any future trips generated would be reviewed at the time of site plan review in accordance with the Mobility Management System. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request is consistent with the goals, objectives, and policies of the Clearwater Comprehensive Plan and furthers said plan and the Community Development Code as indicated above. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: The proposed amendment area is currently vacant and abuts the church’s main parcel to the north and west which has a zoning designation of Institutional (I). The church’s main parcel consists of a church, high school, athletic facilities, parking, and additional institutional uses supporting the main church. To the east of the amendment area along Meadow Lark Lane there is an institutionally designated parcel and two detached dwellings. Detached dwellings also exist to the south between Tennessee Avenue and Carolina Avenue. To the west across Bayview Avenue there is a RV Park, and further south along Gulf to Bay Boulevard there is a mix of uses including restaurants, a hotel, offices, and retail. The proposed Institutional (I) Zoning District, which primarily allows for public/private schools, churches, public offices, or residential equivalent, is consistent with the surrounding areas, including the 41.016-acre parcel owned by the applicant that borders the subject parcels to the north and west, and to the institutionally zoned parcel to the east which is also owned by the church. The abutting zoning districts are residential (both city and Pinellas County) to the south and east, but the area is largely institutional in nature. The proposed Institutional (I) Zoning District would allow the properties to have a consistent zoning district with the surrounding area, and this district has existed in the area for numerous years. The proposed use of a softball field is potentially compatible with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Institutional (I) District is in character with the zoning districts in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhoods. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: Even though this is a Zoning Atlas Amendment application, maximum development potential is based on the underlying future land use, so to assess the sufficiency of public facilities needed to support potential development on the amendment area, the maximum development potential under the existing and proposed city Future Land Use Map designations were as analyzed. Community Development Board – October 3, 2023 REZ2023-06001- Page 8 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 1. Development Potential for Existing & Proposed FLUM Designations Existing FLUM Designation “RU” Proposed FLUM Designation “I” Net Change Site Area 0.540 AC (23,522 SF) 0.540 AC (23,522 SF) Maximum Development Potential 4 DUs / 0 Beds1 9,408 SF 0.40 FAR 0 DUs2 / 18 Beds 15,289 SF 0.65 FAR -4 DUs / +18 Beds +5,881SF +0.25 FAR Notes: 1. Residential equivalent uses are not permitted in the consistent Low Medium Density Residential (LMDR) District; therefore, the development potential is zero. 2. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (3 beds per unit per acre). Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in development potential of over 5,000 square feet. The following analysis compares the maximum potential development of the proposed Institutional (I) future land use developed with a 15,289 square foot non-residential use to the maximum development potential of the existing Residential Urban (RU) future land use category developed with a maximum of 4 dwelling units. Since the amendment area is vacant, any development would increase the demand for public facilities, which is further detailed below. Potable Water The change in development potential from this amendment would result in an increase in potable water use of up to 487.9 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum square footage permitted (1,528.9 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum density permitted by the current land use designations (1,041 gallons per day). Since the amendment area is currently vacant, the potable water utilization could increase up to 1,528.9 gallons per day if the amendment area were to be developed with a non-residential use at the maximum development potential of 15,289 square feet. However, due to future development having to meet zoning code requirements, it’s likely that the actual development would be less than the maximum development potential, meaning the increase in potable water would be less than the maximum potential of 1,528.9 gallons per day as shown in the analysis. The city’s current potable water demand is 11.26 million gallons per day (MGD). The city’s adopted level of service (LOS) standard for potable water service is 120 gallons per capita per day, while the actual usage is estimated at 78 gallons per capita per day (2021 Annual Water Report). The city’s 10-year Water Supply Facilities Work Plan (2022-2023 Planning Period), completed July 2022, indicates that based on the updated water demand projections and other factors, the city has adequate water supply and potable water capacity for the 10-year planning horizon. Community Development Board – October 3, 2023 REZ2023-06001- Page 9 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Wastewater The change in development potential from this amendment would result in an increase in wastewater use of up to 286 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum square footage permitted (1,223 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum density permitted by the current land use designation (937 gallons per day). Since the amendment area is currently vacant, the wastewater utilization could increase up to 1,223 gallons per day if the amendment area were to be developed with a non-residential use at the maximum development potential of 15,289 square feet. However, due to future development having to meet zoning code requirements, it’s likely that the actual development would be less than the maximum development potential, meaning the increase in wastewater would be less than the maximum potential of 1,223 gallons per day as shown in the analysis. The amendment area is served by the East Water Reclamation Facility, which presently operates around 1.91 million gallons per day, which is well within its permitted capacity of 5 million gallons per day. Therefore, there is excess wastewater capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would increase up to 16.7 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with the maximum square footage permitted (26.8 tons per year) and subtracting it from the potential utilization of a residential use built out at the maximum density permitted by the current land use designation (10.1 tons per year). Since the amendment area is currently vacant, the solid waste created could increase up to 16.7 tons if the amendment area were to be developed with a non-residential use at the maximum development potential of 15,289 square feet. However, due to future development having to meet zoning code requirements, it’s likely that the actual development would be less than the maximum development potential, meaning the increase in solid waste would be less than the maximum potential of 26.8 tons per year as shown in the analysis. Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill, which has significant capacity. Additionally, the city provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed future land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The city is currently providing 7.95 acres of parkland per 1,000 residents. This is calculated using the total acreage of parks within the city, dividing it by the 2022 Florida Bureau of Economic and Business Research (BEBR) population estimates, and then multiplying by 1,000. Based on this impact analysis, the current provision of 7.95 acres of parkland per 1,000 would remain unchanged [Source: Parks and Recreation Facilities Impact Fee Study, prepared by Benesch (formerly Tindale Oliver) May 23, 2022]. Community Development Board – October 3, 2023 REZ2023-06001- Page 10 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Amending a property’s future land use or zoning designation does not have an immediate impact on the city’s parks and recreation system and parkland requirements. Impacts are felt when development occurs. This Future Land Use Map Amendment will have no additional impact on parkland. Stormwater Site plan approval will be required before the amendment area can be redeveloped. At that time, the stormwater management system for the site will be required to meet all city and Southwest Florida Water Management District stormwater management criteria. Streets The amendment area is generally located at the corner of Meadow Lark Lane and Kentucky Avenue. To evaluate potential impacts to streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (36 trips) is calculated based on the traffic generation numbers for the Residential Low Medium (RLM) category (67 trips per day per acre), and the proposed number of trips under the Public/Semi-Public (P/SP) category would be 103 trips (192 trips per day per acre). This could be an increase of 67 trips from the amendment area. Since the amendment area is currently vacant, any development would increase the number of trips to and from the site. The amendment area can be accessed from Gulf to Bay Boulevard via Meadow Lark Lane and from Drew Street via Bayview Avenue and Kentucky Avenue. Gulf to Bay Boulevard is a six-lane, divided principal arterial roadway and Drew Street is a four-lane, divided collector roadway. Meadow Lark Lane and Kentucky Avenue are both two-lane undivided roadways, and Bayview Avenue is a two-lane, divided roadway. There have been preliminary discussions for a traffic signal to be added at the intersection of Bayview Avenue and Gulf to Bay Boulevard, but funding has not been secured at this time. The Public Works Department’s Traffic Engineering Division would likely provide traffic-related comments at the time of site plan review to address code requirements. Recommended Conclusions of Law: Based upon the findings of fact, the proposed amendment would increase the demand on several of the public facilities since the amendment area is currently vacant; however, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management, and streets. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Institutional (I) District boundaries is consistent with the legal descriptions provided and with the boundaries on the amendment area. Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements, and the natural environment. Community Development Board – October 3, 2023 REZ2023-06001- Page 11 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards under Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in a unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lanes, existing improvements and the natural environment. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas Amendment from the R-3, Single Family Residential (Pinellas County) to the Institutional (I) District. Prepared by Planning and Development Department Staff: Dylan Prins Planner ATTACHMENTS: Ordinance No. 9708-23 Photographs of Site and Vicinity Resume LUP2023-06002 and REZ2023-06001 First Baptist Church of Clearwater, Inc. 210 Meadow Lark Lane View looking northwest at subject property on Meadow Lark Lane Across the street, to the north of the subject property View looking south at subject property on Kentucky Avenue Across the street, to the east of the subject property View looking westerly along Kentucky Avenue View looking easterly along Kentucky Avenue LUP2023-06002 and REZ2023-06001 First Baptist Church of Clearwater, Inc. Unaddressed Parcel on Meadow Lark Lane View looking west at subject property on Meadow Lark Lane South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along Meadow Lark Lane View looking southerly along Meadow Lark Lane Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9709-23 2nd rdg Agenda Date: 11/2/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9709-23 on second reading, annexing certain real property whose post office address is 3121 Downing Street, Clearwater, Florida 33759, together with all unincorporated right-of-way of Downing Street, 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: STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 10/31/2023 Ordinance No. 9709-23 ORDINANCE NO. 9709-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DOWNING STREET APPROXIMATELY 260 FEET EAST OF SOUTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3121 DOWNING STREET, CLEARWATER, FLORIDA 33759, TOGETHER WITH ALL UNINCORPORATED RIGHT-OF- WAY OF DOWNING STREET, 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. (ANX2023-07008) 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. 9709-23 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 DESCRIPTIONS ANX2023-07008 ========================================================================================= Lot 15, Downing Subdivision, according to the map or plat thereof, as recorded in Plat Book 26, Page 79, of the Public Records of Pinellas County, Florida. Together with: All unincorporated Right-of-Way (594LF, more or less) of Downing St Right-of-Way, East from the East Right-of-Way line of S McMullen-Booth Rd [CR-611]. Parcel ID No.: 16-29-16-22410-000-0150 Exhibit “B” PROPOSED ANNEXATION Owner(s): Father Silas and Hend Andrew Case: ANX2023-07008 Site: 3121 Downing Street Property Size(Acres): ROW (Acres): 0.212 0.68 Land Use Zoning PIN: 16-29-16-22410-000-0150 From: Residential Urban (RU) R-3 Single FamilyResidential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Father Silas and Hend Andrew Case: ANX2023-07008 Site: 3121 Downing Street Property Size(Acres): ROW (Acres): 0.212 0.68 Land Use Zoning PIN: 16-29-16-22410-000-0150 From: Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Father Silas and Hend Andrew Case: ANX2023-07008 Site: 3121 Downing Street Property Size(Acres): ROW (Acres): 0.212 0.68 Land Use Zoning PIN: 16-29-16-22410-000-0150 From: Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Father Silas and Hend Andrew Case: ANX2023-07008 Site: 3121 Downing Street Property Size(Acres): ROW (Acres): 0.212 0.68 Land Use Zoning PIN: 16-29-16-22410-000-0150 From: Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Mobile Home Park Detached Dwellings Condominiums ANX2023-07008 Father Silas and Hend Andrew 3121 Downing Street View looking south at subject property on Downing Street East of the subject property West of the subject property Across the street, to the north of the subject property View looking westerly along Downing Street View looking easterly along Downing Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9710-23 2nd rdg Agenda Date: 11/2/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Adopt Ordinance No. 9710-23 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 3121 Downing Street, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 10/31/2023 Ordinance No. 9710-23 ORDINANCE NO. 9710-23 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 SOUTH SIDE OF DOWNING STREET APPROXIMATELY 260 FEET EAST OF SOUTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3121 DOWNING STREET, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); 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 Urban (RU) (ANX2023-07008) 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. 9709-23. Ordinance No. 9710-23 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 DESCRIPTIONS ANX2023-07008 ========================================================================================= Lot 15, Downing Subdivision, according to the map or plat thereof, as recorded in Plat Book 26, Page 79, of the Public Records of Pinellas County, Florida. Together with: All unincorporated Right-of-Way (594LF, more or less) of Downing St Right-of-Way, East from the East Right-of-Way line of S McMullen-Booth Rd [CR-611]. Parcel ID No.: 16-29-16-22410-000-0150 Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): Father Silas and Hend Andrew Case: ANX2023-07008 Site: 3121 Downing Street Property Size(Acres): ROW (Acres): 0.212 0.68 Land Use Zoning PIN: 16-29-16-22410-000-0150 From: Residential Urban (RU) R-3 Single FamilyResidential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Father Silas and Hend Andrew Case: ANX2023-07008 Site: 3121 Downing Street Property Size(Acres): ROW (Acres): 0.212 0.68 Land Use Zoning PIN: 16-29-16-22410-000-0150 From: Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Father Silas and Hend Andrew Case: ANX2023-07008 Site: 3121 Downing Street Property Size(Acres): ROW (Acres): 0.212 0.68 Land Use Zoning PIN: 16-29-16-22410-000-0150 From: Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Father Silas and Hend Andrew Case: ANX2023-07008 Site: 3121 Downing Street Property Size(Acres): ROW (Acres): 0.212 0.68 Land Use Zoning PIN: 16-29-16-22410-000-0150 From: Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Mobile Home Park Detached Dwellings Condominiums ANX2023-07008 Father Silas and Hend Andrew 3121 Downing Street View looking south at subject property on Downing Street East of the subject property West of the subject property Across the street, to the north of the subject property View looking westerly along Downing Street View looking easterly along Downing Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9711-23 2nd rdg Agenda Date: 11/2/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Adopt Ordinance No. 9711-23 on second reading, amending the Zoning Atlas of the City by rezoning certain real property whose post office address is 3121 Downing Street, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 10/31/2023 Ordinance No. 9711-23 ORDINANCE NO. 9711-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DOWNING STREET APPROXIMATELY 260 FEET EAST OF SOUTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3121 DOWNING STREET, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); 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. 9709-23. Property Zoning District See attached Exhibit “A” for Legal Description. Low Medium Density Residential (LMDR) (ANX2023-07008) Ordinance No. 9711-23 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 DESCRIPTIONS ANX2023-07008 ========================================================================================= Lot 15, Downing Subdivision, according to the map or plat thereof, as recorded in Plat Book 26, Page 79, of the Public Records of Pinellas County, Florida. Together with: All unincorporated Right-of-Way (594LF, more or less) of Downing St Right-of-Way, East from the East Right-of-Way line of S McMullen-Booth Rd [CR-611]. Parcel ID No.: 16-29-16-22410-000-0150 Exhibit “B” PROPOSED ZONING MAP Owner(s): Father Silas and Hend Andrew Case: ANX2023-07008 Site: 3121 Downing Street Property Size(Acres): ROW (Acres): 0.212 0.68 Land Use Zoning PIN: 16-29-16-22410-000-0150 From: Residential Urban (RU) R-3 Single FamilyResidential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Father Silas and Hend Andrew Case: ANX2023-07008 Site: 3121 Downing Street Property Size(Acres): ROW (Acres): 0.212 0.68 Land Use Zoning PIN: 16-29-16-22410-000-0150 From: Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Father Silas and Hend Andrew Case: ANX2023-07008 Site: 3121 Downing Street Property Size(Acres): ROW (Acres): 0.212 0.68 Land Use Zoning PIN: 16-29-16-22410-000-0150 From: Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Father Silas and Hend Andrew Case: ANX2023-07008 Site: 3121 Downing Street Property Size(Acres): ROW (Acres): 0.212 0.68 Land Use Zoning PIN: 16-29-16-22410-000-0150 From: Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Mobile Home Park Detached Dwellings Condominiums ANX2023-07008 Father Silas and Hend Andrew 3121 Downing Street View looking south at subject property on Downing Street East of the subject property West of the subject property Across the street, to the north of the subject property View looking westerly along Downing Street View looking easterly along Downing Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9712-23 2nd rdg Agenda Date: 11/2/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Adopt Ordinance No. 9712-23 on second reading, amending Community Development Code Articles 3 and 4, Appendix B, and Appendix C to comply with Senate Bill 250: Natural Emergencies. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 10/31/2023 1 ORDINANCE NO. 9712-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 3. DEVELOPMENT STANDARDS, PARKING AND LOADING DIVISION; BY AMENDING ARTICLE 4. DEVELOPMENT REVIEW AND OTHER PROCEDURES, GENERAL PROCEDURES DIVISION; BY AMENDING APPENDIX B. US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, GENERAL PROVISIONS, SUBDISTRICT STANDARDS, SITE DESIGN STANDARDS, BUILDING DESIGN STANDARDS, AND ADMINISTRATION DIVISIONS; BY AMENDING APPENDIX C. DOWNTOWN DISTRICT AND DEVELOPMENT STANDARDS, CHARACTER DISTRICT STANDARDS, FRONTAGE STANDARDS, SITE DESIGN STANDARDS, BUILDING DESIGN STANDARDS, FLEXIBILITY, AND ADMINISTRATION DIVISIONS TO COMPLY WITH SENATE BILL 250: NATURAL EMERGENCIES; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (“the City”) adopted the Community Development Code on January 21, 1999, which took effect on March 8, 1999; and WHEREAS, the City desires for the Community Development Code to function effectively and equitably throughout the City; and WHEREAS, on April 4, 2023, the City adopted Ordinance No. 9643-23 amending the Community Development Code, making a variety of changes where it had determined clarification and revision were needed, including the addition of new requirements in Article 3. Division 14. Parking and Loading; Article 4. Division 2. General Procedures; Appendix B. Division 1. General Provisions, Division 3. Subdistrict Standards, Division 5. Site Design Standards, Division 6. Building Design Standards, and Division 8. Administration; and Appendix C. Division 3. Character District Standards, Division 4. Frontage Standards, Division 5. Site Design Standards, Division 6. Building Design Standards, Division 8. Flexibility, and Division 9. Administration; and WHEREAS, on June 28, 2023, the Governor of Florida signed Senate Bill 250 (“SB 250”): Natural Emergencies in which Bill Section 14 placed certain restrictions on municipalities entirely or partially within 100 miles of where either Hurricanes Ian or Nicole made landfall; and WHEREAS, SB 250 established that municipalities may not “propose or adopt more restrictive or burdensome amendments to their comprehensive plan or land development regulations” prior to October 1, 2024, declaring that any such amendment “shall be null and void ab initio” and the provision applies retroactively to September 28, 2022; and WHEREAS, the City has reviewed all ordinances amending the Community Development Code that were adopted within the timeframes established by SB 250 and has determined that the aforementioned amendments to the Community Development Code adopted by Ordinance No. 9643-23 that established new requirements may be “more restrictive or burdensome” and are therefore null and void ab initio pursuant to SB 250; and 2 Ordinance No. 9712-23 WHEREAS, to ensure transparency with the public and proper processing, a new ordinance removing the previously approved changes which are null and void ab initio is advised; and WHEREAS, the City has determined that these amendments to the Community Development Code promote and support the public health, safety, morals, and welfare, of the City's residents; and WHEREAS, at a duly noticed public meeting the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, conducted a public hearing, considered all public testimony and has determined that these amendments are consistent with the City of Clearwater’s Comprehensive Plan and recommended that the City Council adopt these amendments; and WHEREAS, the City Council has fully considered the recommendation of the Community Development Board and testimony and evidence submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 3. Development Standards, Division 14. Parking and Loading, be amended to read as follows: Section 3-1407. – Parking restrictions in residential areas. A. Restrictions. For the dual purpose of preserving attractive residential areas within the city and promoting safe unimpeded traffic circulation throughout such neighborhoods, the following parking restrictions shall apply except as provided in paragraph B of this section: 1. Within street right-of-way. The following vehicles shall not be parked or stored on any public right-of-way in a residential zoning district, residentially designated downtown property, or on any right-of-way contiguous to such properties a residentially zoned property: a. Any boat or boat trailer; b. Any hauling trailer; c. Any of the following recreational vehicles: travel trailers, motor homes and camping trailers; d. Any commercial vehicle. e. Any race car, dune buggy, farm equipment, go kart, ATV, or other similar vehicle not designated for street operation. 2. Between principal structure and right-of-way. The following vehicles shall not be parked or stored, in whole or in part, in a front setback and/or forward of the building line of the principal structure and any right-of-way line in a residential zoning district or on a residentially designated downtown property up to a maximum of two frontages: a. Boat in excess of 20 feet; b. Any boat trailer in excess of 25 feet total length or in excess of five feet longer than any boat occupying the trailer; c. Hauling trailer; d. Recreational vehicles, travel trailers, motor homes and camping trailers. 3 Ordinance No. 9712-23 e. Any commercial vehicle which measures in excess of 20 feet in total chassis and body length, seven feet in total width or seven feet in total height, including appurtenances, equipment and cargo. f. Any race car, dune buggy, farm equipment, go kart, ATV, or other similar vehicle not designated for street operation. 3. Parking in the side or rear setback. The following vehicles may be parked or stored, in whole or in part, in a side or rear setback behind the front building line of the principal structure in a residential zoning district or on a residentially designated downtown property provided such vehicles are screened with a six-foot high solid fence, wall or hedge: a. Boat in excess of 20 feet; b. Boat trailer in excess of 25 feet; c. Hauling trailer; d. Recreation vehicles, trailers, motor homes and camping trailers; and e. Any race car, dune buggy, farm equipment, go kart, ATV, or other similar vehicle not designated for street operation. 4. Large vehicles. The following vehicles shall be not be parked or stored in any residential zoning districts or on any residentially designated downtown property: a. Commercial vehicles measuring in excess of 20 feet in total chassis and body length, seven feet in total width or seven feet in total height, including appurtenances, equipment and cargo are prohibited; and b. Semi-tractor trailer, semi-tractor cab or any garbage truck, pump-out truck, chemical truck, gasoline truck, fuel oil truck or similar vehicle designed to transport wastes or hazardous or noxious materials. * * * * * * * * * * Section 3-1408. - Parking restrictions in commercial nonresidential areas. A. Commercial trucks, semi-tractor trailers, cabs and other commercial vehicles shall be permitted to be parked or stored on commercial property only if such vehicles are associated with the property on which they are located. B. Boats or boat trailers, hauling trailers, and recreational vehicles shall not be parked or stored on any public right-of-way in nonresidential areas. Section 2. That Article 4. Development Review and Other Procedures, Division 2. General Procedures, Section 4-201. Pre-application conference, be renamed and amended to read as follows: Section 4-201. – Optional Ppre-application conference. A. Applicants for a proposed development in the US 19 or Downtown zoning districts shall have a pre-application conference with the Community Development Coordinator or his/her designee prior to development application, unless otherwise waived by the Community Development Coordinator, to review the preliminary site plan, building elevations, and other materials required by the Community Development Coordinator. Those development projects that are exempt from the US 19 Zoning District and Development Standards pursuant to Section B-104.C or the Downtown District and Development Standards pursuant to Section C-104.B shall be exempt from this requirement. 4 Ordinance No. 9712-23 B. Projects in all other zoning districts. An applicant for development approval may request an informal conference with the community development coordinator prior to filing an application for the purpose of discussing the proposed development and to identify the views and concerns of the applicant and the city's professional staff. Section 3. That Appendix B. US 19 Zoning District and Development Standards, Division 1. General Provisions, Section B-104. Applicability of Development Standards, be amended to read as follows: Section B-104. – Applicability of Development Standards. * * * * * * * * * * C. Exemptions The following types of development are exempt from all or a portion of the Development Standards as follows. * * * * * * * * * * 5. Change of Use. Projects involving only a change in use are exempt from the Development Standards in Appendix B, Divisions 4, 5 and 6, but shall comply with the bicycle parking standards in Section B-303.D when the change of use results in an increase in the minimum number of bicycle parking spaces required. When applicable, this shall only apply to the increase in bicycle parking required for the new use. 6. Improvement, Remodel, or Reconstruction. Building improvement and remodel projects, including reconstruction of buildings in the general location or footprint of buildings being replaced, with up to 5 percent additional gross floor area, shall be exempt from the Development Standards as follows. a. Building improvement, remodel, or reconstruction projects valued at less than 25 percent of the total assessed building value as reflected in the Property Appraiser’s current records at the time of application are exempt from the Development Standards in Appendix B, Divisions 4, 5 and 6, except that the location of any new floor area, including accessory structures, shall be compliant with the setback requirements in Division 4 of these standards to the greatest extent practicable as determined by the Community Development Coordinator, and bicycle parking shall be provided for any new floor area consistent with the bicycle standards in Section B-303.D. b. Building improvement, remodel, or reconstruction projects valued at 25 percent or more of the total assessed building value as reflected in the Property Appraiser’s current records at the time of application, are exempt from all but the pedestrian walkway standards in B-503.C, the surface parking and service area standards in B-504.A.1, the bicycle parking standards in B-504.C, and the landscape requirements in B-505.A of these standards, which shall be brought into compliance to the greatest extent practicable as determined by the Community Development Coordinator. Additionally, the location of any new floor area, including accessory structures, shall be compliant with the setback requirements in Division 4 of these standards to the greatest extent practicable as determined by the Community Development Coordinator, and bicycle parking shall be provided for any new floor area consistent with the bicycle standards in Section B-303.D. Landscape requirements in B.504.A.1 and B.505.A may be modified as part of a comprehensive landscape program pursuant to the criteria set forth in Section 3-1202.G. 5 Ordinance No. 9712-23 * * * * * * * * * * Section 4. That Appendix B. US 19 Zoning District and Development Standards, Division 3. Subdistrict Standards, be amended to read as follows: Section B-303. – Permitted Uses & Parking A. Use & Off-Street Parking Table Permitted uses and approval levels by Subdistricts, along with off-street parking requirements, are listed in Table 2. Use & Off-Street Parking. Active uses are required at identified key corners, as defined in Section B-303.B. Pursuant to Section B-801, new construction projects on sites of 10 acres or more shall require at a minimum a Level One (flexible standard development) approval unless the proposed use or proposal otherwise requires a Level Two (flexible development) approval. Table 2. Use and Off-Street Parking Use Regional Neighborhood Corridor Use Specific Standards Minimum Off-Street Parking Spaces * * * * * * * * * * Footnotes: 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The parcel proposed for development is not located within 500 feet of a parcel of land used for purposes of a place of worship or a public or private school unless the intervening land uses, structures or context are such that the location of the use is unlikely to have an adverse impact on such school or use as a place of worship. Key: BCP = Level 1 Minimum Standard (Building Construction Permit). FLS = Level 1 Flexible Standard Development (Community Development Coordinator approval required). FLD = Level 2 Flexible Development (Community Development Board approval required). X = Not Permitted New construction projects on sites of 10 acres or more shall require, at a minimum, a Level One (flexible standard development) approval unless the proposed use or proposal otherwise requires a Level Two (flexible development) approval. * * * * * * * * * * D. Bicycle Parking 1. Short-term and long-term bicycle parking requirements are listed in Table 4. Bicycle Parking. Table 4. Bicycle Parking Use Short Term Spaces Long Term Spaces Attached Dwellings (1 – 100 units) 2 min., or 1 space per 10 units 1 per 2 dwelling units. Units with private garage or private storage space are exempt. Attached Dwellings (101+ units) 1 space per 20 units 1 per 4 dwelling units. Units with private garage or private storage space are exempt. 6 Ordinance No. 9712-23 Bars, Brewpubs, Restaurants 2 min., or 1 per 5,000 SF GFA None Offices 2 min., or 1 per 10,000 SF GFA 2 min., or 1 per 10,000 SF GFA Parking Garages 6 min., or 1 per 20 vehicle parking spaces, whichever is greater None Public Transportation Facilities 10 min., or 1 per 5,000 SF GFA 4 min., or 1 per 10,000 SF GFA Retail Sales and Services, Retail Plazas, Alcoholic Beverage Sales 2 min., or 1 per 5,000 SF GFA None All Other Nonresidential Uses 2 min., or 1 per 10,000 SF GFA None 2. All short-term bicycle parking areas shall be in highly visible locations along pedestrian walkways and near building entries. 3. All bicycle parking provided shall comply with the bicycle parking standards in Section 3-1411 of this Development Code. Section 5. That Appendix B. US 19 Zoning District and Development Standards, Division 5. Site Design Standards, Section B-503. Access and circulation, be amended to read as follows: Section B-503. – Access and circulation. * * * * * * * * * * D. Cross Parcel Connections To facilitate circulation and improve accessibility, vehicle and pedestrian facilities on adjacent sites shall be interconnected. Existing and planned parking lot drive aisles and pedestrian walkways shall be aligned and connected with abutting sites. In cases where no connection exists on an abutting developed site, and drive aisle and pedestrian walkway stub outs shall be constructed on properties abutting undeveloped sites to allow for future connections. Section 6. That Appendix B. US 19 Zoning District and Development Standards, Division 6. Building Design Standards, be amended to read as follows: * * * * * * * * * * Section B-602. – Façade treatment and design. * * * * * * * * * * B. Limited Blank Facades Blank sections of ground floor building façades fronting or within view of streets, pedestrian walkways, or other and public spaces shall not exceed 20 feet in length. Elements such as windows, doors, balconies, columns, pilasters, changes in material, or other architectural details that provide visual interest shall be distributed across the façade in a manner consistent with the overall design of the building. * * * * * * * * * * E. Upper Floor Facade Articulation and Fenestration 7 Ordinance No. 9712-23 * * * * * * * * * * 3. To minimize blank façade areas along street frontages, façades fronting streets and new primary drives shall provide fenestration (doors, windows or other openings) to an extent of a minimum of 20 percent of each floor's façade area as measured between finished floor and finished ceiling. * * * * * * * * * * Section 7. That Appendix B. US 19 Zoning District and Development Standards, Division 8. Administration, Section B-801. Site plan approvals, be amended to read as follows: Section B-801. – Site plan approvals. A. Required Pre-Application Conference A pre-application conference shall be required for all development applications within the US 19 District unless the development is exempt from the Development Standards pursuant to Section B-104.C or this requirement is otherwise waived by the Community Development Coordinator. B. Approval Authority The final decision-making authority for site plans is either the Community Development Coordinator for Level One approvals or the Community Development Board for Level Two approvals, as specified in Article 4. The level of approval required varies by use and subdistrict as specified in Table 2. Use & Off-Street Parking, which identifies whether a use can be approved as a Building Construction Permit (Level 1 Minimum Standard), or if Community Development Coordinator (Level One Flexible Standard Development) or Community Development Board (Level Two Flexible Development) approval is required. Projects on sites of 10 acres or more shall require at a minimum a Level One (flexible standard development) approval. Projects requesting flexibility in the application of Design Standards shall follow the process established in Section B-702. Section 8. That Appendix C. Downtown District and Development Standards, Division 3. Character District Standards, Table 1. Use and Off-Street Parking be amended to read as follows: * * * * * * * * * * Table 1. Use and Off-Street Parking Use Downtown Core Old Bay South Gateway Prospect Lake Downtown Gateway Use Specific Criteria Minimum Off-Street Parking Spaces * * * * * * * * * * NONRESIDENTIAL USES * * * * * * * * * * Overnight Accommodations (Hotel) BCP BCP X BCP BCP None 0.75/unit * * * * * * * * * * Self Storage Warehouses FLS X FLS FLS FLS 1. The use shall be secondary to and shall not exceed 25 percent of the gross floor area of the building in which it is N/A 8 Ordinance No. 9712-23 Table 1. Use and Off-Street Parking Use Downtown Core Old Bay South Gateway Prospect Lake Downtown Gateway Use Specific Criteria Minimum Off-Street Parking Spaces located another principal use. 2. Leasing office and other non-storage customer service areas shall be incorporated into the building frontage along the primary street. 3. Outdoor storage of any kind shall be prohibited. 4. Access to individual storage spaces shall be provided from within the building. 45. All loading areas, including bays and loading zones used for the placement of personal products onto, or removal from, a transportation vehicle shall be provided along the interior side or rear of the building and screened from view. * * * * * * * * * * * * * * * * * * * * Section 9. That Appendix C. Downtown District and Development Standards, Division 4. Frontage Standards, be amended to read as follows: * * * * * * * * * * Section C-405. – Storefront 2 frontage. * * * * * * * * * * C. Front Setback Improvements. 1. Where front setbacks are provided, the area within the setback shall be improved primarily as a hardscape extension of the public streetscape with no change in elevation from adjacent sidewalks. 2. Landscape areas may account for 35 percent maximum of the front setback area. Such landscaping shall comply with landscape requirements in Section 3-1202. 3. Low curbing up to six inches in height may be used to define the edge of landscape areas but no permanent physical obstructions such as walls, railing, or fencing are permitted. * * * * * * * * * * Section C-406. – Workshop/flex frontage. 9 Ordinance No. 9712-23 * * * * * * * * * * C. Front Setback Improvements. 1. The front setback area shall be improved as a landscape area with walkway connections between sidewalks and front building entries. Low curbing up to six inches in height may be used to define the edge of landscape areas but no permanent physical obstructions such as walls, railings, or fencing are permitted between the street and front building façade. * * * * * * * * * * Section 10. That Appendix C. Downtown District and Development Standards, Division 5. Site Design Standards, be amended to read as follows: * * * * * * * * * * Section C-503. – Access and circulation. * * * * * * * * * * D. Cross Parcel Connections. To facilitate circulation and improve accessibility, vehicle and pedestrian facilities on adjacent sites shall be interconnected, except for detached dwellings and duplexes on interior lots along Street Type F. Parking Existing and planned parking lot drive aisles, private drives, private service drives, and pedestrian walkways shall be aligned and connected with abutting sites. In cases where no connection exists on an abutting developed site, and drive aisle and pedestrian walkway stub outs shall be constructed on properties abutting undeveloped sites to allow for future connections. * * * * * * * * * * Section C-510. – Swimming Pools. Swimming pools for all attached dwellings except duplexes, shall be located on the roof of the building or internal to the development site as a courtyard pool, surrounded on all four sides by building(s), and not along street frontages as illustrated in Figure 31. Swimming pools for detached dwellings and duplexes shall comply with the accessory structure provisions in Article 3, Division 2 of this code. 10 Ordinance No. 9712-23 Figure 31. Swimming Pools (Delete images for Figure 31 and renumber subsequent Figures accordingly) Rooftop Swimming Pool Courtyard Swimming Pool * * * * * * * * * * Section 11. That Appendix C. Downtown District and Development Standards, Division 6. Building Design Standards, be amended to read as follows: * * * * * * * * * * Section C-602. – Façade treatment and design. * * * * * * * * * * C. Facade Materials All building facades within view of a public street, pedestrian walkway, waterfront, or other public space, including side and rear facades, shall be constructed of high quality materials such as brick, stone, architectural block, concrete with an architectural finish, and traditional cementitious stucco. Side and rear facades shall use materials and design features similar to or complementary to those of the front facade. The use of metal facades shall not be permitted. D. Upper Floor Façade Fenestration. To minimize blank façade areas along street frontages, façades fronting streets and new primary drives shall provide fenestration (doors, windows or other openings) to an extent of a minimum of 20 percent of each floor's façade area as measured between finished floor and finished ceiling. *** RELETTER REMAINING SUBSECTIONS *** * * * * * * * * * * 11 Ordinance No. 9712-23 Section 12. That Appendix C. Downtown District and Development Standards, Division 8. Flexibility, be amended to read as follows: * * * * * * * * * * Section C-803. – Flexibility provisions. Flexibility may be approved subject to the standards below. K. Site Design Standards – Swimming Pools. Flexibility in the application of swimming pool requirements in Section C-510 may be approved consistent with one of the following. 1. For buildings at corner locations, flexibility may be approved to allow at-grade swimming pools within in a courtyard of a “U”-shaped or “L”-shaped building along a secondary street frontage. Where flexibility in this standard is allowed, non-opaque or picket-style fencing may be permitted to a maximum height of 6 feet in line with or setback from the front building façade. 2. For buildings on Through-Lots or Multi-Frontage Lots, flexibility may be approved to allow at-grade swimming pools within a courtyard of a “U”-shaped building along Street Type D. Where flexibility in this standard is allowed, non-opaque or picket-style fencing may be permitted to a maximum height of 6 feet in line with or setback from the front building façade. *** RELETTER REMAINING SUBSECTIONS *** * * * * * * * * * * Section 13. That Appendix C. Downtown District and Development Standards, Division 9. Administration, be amended to read as follows: Section C-901. – Site plan approvals. A. Required Pre-Application Conference A pre-application conference shall be required for all development applications within the Downtown District unless the development is exempt from the Development Standards pursuant to Section C-104.B or this requirement is otherwise waived by the Community Development Coordinator. B. Approval Authority The final decision-making authority for site plans is either the Community Development Coordinator for Level One approvals or the Community Development Board for Level Two approvals, as specified in Article 4. The level of approval required varies by use and character district as specified in Table 1. Use & Off-Street Parking, which identifies whether a use can be approved as a Building Construction Permit (Level 1 Minimum Standard), or if Community Development Coordinator (Level 1 Flexible Standard Development) or Community Development Board (Level 2 Flexible Development) approval is required. Projects requesting flexibility in the application of development standards shall follow the process established in Appendix C, Section C-802. * * * * * * * * * * Section C-903. – Regulating plan adjustments. * * * * * * * * * * 12 Ordinance No. 9712-23 B. Street Type on Existing or New Public Streets. Upon approval of a development project which includes new public streets or existing public streets where a street type was not previously depicted in Figure 2. Regulating Plan–Street Types and Key Corners, the Community Development Coordinator will make an administrative adjustment to Figure 2. Regulating Plan–Street Types and Key Corners to reflect the approved street type(s). Section 14. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 15. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 16. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 17. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 18. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ Brian J. Aungst, Sr. Mayor Approved as to form: Attest: ____________________________ ____________________________ Matthew J. Mytych, Esq. Rosemarie Call, MPA, MMC Senior Assistant City Attorney City Clerk PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: September 19, 2023 AGENDA ITEM: F.1 CASE: TA2023-07002 ORDINANCE NO.: 9712-23 REQUEST: To amend the Community Development Code to rescind certain amendments that were adopted previously through Ordinance No. 9463-23 determined to be null and void ab initio pursuant to Florida Senate Bill 250 (2023) INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: City Council approved Ordinance No. 9643-23 on April 4, 2023, making a variety of amendments to the Community Development Code (CDC). Subsequent to this approval, the Florida Legislature prepared Senate Bill 250 (herein after SB 250), which the Governor signed into law on June 28, 2023. SB 250 pertains to natural emergencies, and bill Section 14 places certain restrictions on municipalities entirely or partially within 100 miles of where either Hurricanes Ian or Nicole made landfall. The city of Clearwater lies within the area for which these restrictions apply. More specifically, SB 250 states that municipalities may not “propose or adopt more restrictive or burdensome amendments to their comprehensive plan or land development regulations” prior to October 1, 2024. The bill further declares that any such amendment “shall be null and void ab initio”. This restriction applies retroactively to September 28, 2022. Void ab initio means that those provisions have no legal effect. The city has adopted multiple Ordinances amending either the city’s Comprehensive Plan or Community Development Code since September 28, 2022. Staff has reviewed those ordinances and determined that most are not affected by SB 250. However, portions of Ordinance No. 9643-23 may be “more restrictive or burdensome” and are therefore null and void ab initio pursuant to SB 250. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – September 19, 2023 TA2023-07002 – Page 2 Although SB 250 has established that the applicable provisions are void and have no legal effect, Ordinance No. 9712-23 provides transparency and proper processing to ensure the provisions are removed from the Community Development Code in all its forms. Should the city want to adopt these amendments again, it may do so after October 1, 2024. ANALYSIS: Proposed Ordinance No. 9712-23 rescinds certain amendments, reverting to the codified language that existed prior to April 4, 2023 (i.e., when Ordinance No. 9643-23 was adopted). The provisions identified that may be “more restrictive or burdensome” and that are included in this Ordinance were: 1. New standards that may require additional capital outlay to meet (e.g., new long-term bike parking requirements in US 19 District; new swimming pool standards in Downtown District); or 2. Changes to processes (e.g., mandatory pre-application meeting for projects in the US 19 or Downtown Districts; Development Review Committee (DRC) review for properties 10+ acres in the US 19 District); or 3. New restrictions of the use of property or the city’s right-of-way (e.g., application of residential parking restrictions to residentially designated downtown property). The remainder of amendments adopted by Ordinance No. 9643-23 included new standards that expanded a property owner’s options (e.g., new fence standards; expansion of community gardens to additional zoning districts; additional flexibility provisions in US 19 and Downtown Districts); the addition of clarifying language (e.g., transparency requirements for ground floor windows in US 19 and Downtown Districts); or other changes that were determined to not otherwise be burdensome to a private property owner. Those remain in effect. CRITERIA FOR TEXT AMENDMENTS: CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies, and objectives of the Comprehensive Plan. Proposed Ordinance No. 9712-23 is consistent with the Clearwater Comprehensive Plan as it is reverting certain provisions and standards in the Community Development Code back to an earlier version that had previously been determined to be consistent with the city’s Comprehensive Plan. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – September 19, 2023 TA2023-07002 – Page 3 2. The proposed amendments furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. Similarly, the proposed text amendment will further the purposes of the CDC. Although the city chose to amend the CDC earlier this year, the original language was originally adopted and determined to meet these same review criteria. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code, and is required to comply with Senate Bill 250 (2023). Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 9712-23 that amends the Community Development Code. Prepared by Planning and Development Department Staff: ___________________________ Lauren Matzke, AICP Planning and Development Assistant Director ATTACHMENTS: Ordinance No. 9712-23 Resume Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9718-23 2nd rdg Agenda Date: 11/2/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 9718-23 on second reading, annexing certain real property whose post office address is 2713 State Road 590, Clearwater, Florida 33759, 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: STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 10/31/2023 Ordinance No. 9718-23 ORDINANCE NO. 9718-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF STATE ROAD 590 AND WEST VIRGINIA LANE, WHOSE POST OFFICE ADDRESS IS 2713 STATE ROAD 590, CLEARWATER, FLORIDA 33759, 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 “A” 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: Lot 1, Block 5, Virginia Groves Estates, First Addition, according to the plat thereof, as recorded in Plat Book 47, Pages 41, 42 and 43, Public Records of Pinellas County, Florida. (ANX2023-08009) The map attached as Exhibit “A” 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. 9718-23 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” PROPOSED ANNEXATION Owner(s): Veronica Gomez-Jackson Case: ANX2023-08009 Site: 2713 State Road 590 Property Size(Acres): ROW (Acres): 0.298 Land Use Zoning PIN: 08-29-16-94302-005-0010 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 273A To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Veronica Gomez-Jackson Case: ANX2023-08009 Site: 2713 State Road 590 Property Size(Acres): ROW (Acres): 0.298 Land Use Zoning PIN: 08-29-16-94302-005-0010 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 273A To: Residential Low (RL) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Veronica Gomez-Jackson Case: ANX2023-08009 Site: 2713 State Road 590 Property Size(Acres): ROW (Acres): 0.298 Land Use Zoning PIN: 08-29-16-94302-005-0010 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 273A To: Residential Low (RL) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Veronica Gomez-Jackson Case: ANX2023-08009 Site: 2713 State Road 590 Property Size(Acres): ROW (Acres): 0.298 Land Use Zoning PIN: 08-29-16-94302-005-0010 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 273A To: Residential Low (RL) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings ANX2023-08009 Veronica Gomez-Jackson 2713 State Road 590 View looking south at subject property on State Road 590 East of the subject property West of the subject property across West Virginia Lane Across the street, to the north of the subject property View looking westerly along State Road 590 View looking easterly along State Road 590 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9719-23 2nd rdg Agenda Date: 11/2/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Adopt Ordinance No. 9719-23 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 2713 State Road 590, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY Page 1 City of Clearwater Printed on 10/31/2023 Ordinance No. 9719-23 ORDINANCE NO. 9719-23 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 SOUTHEAST CORNER OF STATE ROAD 590 AND WEST VIRGINIA LANE WHOSE POST OFFICE ADDRESS IS 2713 STATE ROAD 590, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); 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 Lot 1, Block 5, Virginia Groves Estates, First Addition, according to the plat thereof, as recorded in Plat Book 47, Pages 41, 42 and 43, Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2023-08009) The map attached as Exhibit “A” 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. 9718-23. Ordinance No. 9719-23 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” PROPOSED FUTURE LAND USE MAP Owner(s): Veronica Gomez-Jackson Case: ANX2023-08009 Site: 2713 State Road 590 Property Size(Acres): 0.298 Land Use Zoning PIN: 08-29-16-94302-005-0010 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 273A To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Veronica Gomez-Jackson Case: ANX2023-08009 Site: 2713 State Road 590 Property Size(Acres): ROW (Acres): 0.298 Land Use Zoning PIN: 08-29-16-94302-005-0010 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 273A To: Residential Low (RL) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Veronica Gomez-Jackson Case: ANX2023-08009 Site: 2713 State Road 590 Property Size(Acres): ROW (Acres): 0.298 Land Use Zoning PIN: 08-29-16-94302-005-0010 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 273A To: Residential Low (RL) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Veronica Gomez-Jackson Case: ANX2023-08009 Site: 2713 State Road 590 Property Size(Acres): ROW (Acres): 0.298 Land Use Zoning PIN: 08-29-16-94302-005-0010 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 273A To: Residential Low (RL) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings ANX2023-08009 Veronica Gomez-Jackson 2713 State Road 590 View looking south at subject property on State Road 590 East of the subject property West of the subject property across West Virginia Lane Across the street, to the north of the subject property View looking westerly along State Road 590 View looking easterly along State Road 590 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9720-23 2nd rdg Agenda Date: 11/2/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Adopt Ordinance No. 9720-23 on second reading, amending the Zoning Atlas of the City by rezoning certain real property whose post office address is 2713 State Road 590, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 10/31/2023 Ordinance No. 9720-23 ORDINANCE NO. 9720-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF STATE ROAD 590 AND WEST VIRGINIA LANE, WHOSE POST OFFICE ADDRESS IS 2713 STATE ROAD 590, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); 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 “A” 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. 9718-23. Property Zoning District Lot 1, Block 5, Virginia Groves Estates, First Addition, according to the plat thereof, as recorded in Plat Book 47, Pages 41, 42 and 43, Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2023-08009) Ordinance No. 9720-23 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” PROPOSED ZONING MAP Owner(s): Veronica Gomez-Jackson Case: ANX2023-08009 Site: 2713 State Road 590 Property Size(Acres): ROW (Acres): 0.298 Land Use Zoning PIN: 08-29-16-94302-005-0010 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 273A To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Veronica Gomez-Jackson Case: ANX2023-08009 Site: 2713 State Road 590 Property Size(Acres): ROW (Acres): 0.298 Land Use Zoning PIN: 08-29-16-94302-005-0010 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 273A To: Residential Low (RL) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Veronica Gomez-Jackson Case: ANX2023-08009 Site: 2713 State Road 590 Property Size(Acres): ROW (Acres): 0.298 Land Use Zoning PIN: 08-29-16-94302-005-0010 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 273A To: Residential Low (RL) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Veronica Gomez-Jackson Case: ANX2023-08009 Site: 2713 State Road 590 Property Size(Acres): ROW (Acres): 0.298 Land Use Zoning PIN: 08-29-16-94302-005-0010 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 273A To: Residential Low (RL) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings ANX2023-08009 Veronica Gomez-Jackson 2713 State Road 590 View looking south at subject property on State Road 590 East of the subject property West of the subject property across West Virginia Lane Across the street, to the north of the subject property View looking westerly along State Road 590 View looking easterly along State Road 590 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9728-23 2nd rdg Agenda Date: 11/2/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Adopt Ordinance No. 9728-23 on second reading, proposing an amendment to the City Charter, changing the date of Clearwater’s municipal election, beginning in 2026, to coincide with state and federal primary elections, creating a run-off election for each seat in which no candidate receives more than fifty percent of the vote in the municipal election, and modifying the dates for candidate qualification, commencement and expiration of office and other time periods as necessary. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 10/31/2023 Ordinance No. 9728-23 ORDINANCE NO. 9728-23 AN ORDINANCE PROPOSING AN AMENDMENT TO THE CITY CHARTER, CHANGING THE DATE OF CLEARWATER’S MUNICIPAL ELECTION, BEGINNING IN 2026, TO COINCIDE WITH STATE AND FEDERAL PRIMARY ELECTIONS, CREATING A RUN-OFF ELECTION FOR EACH SEAT IN WHICH NO CANDIDATE RECEIVES MORE THAN FIFTY PERCENT OF THE VOTE IN THE MUNICIPAL ELECTION, AND MODIFYING THE DATES FOR CANDIDATE QUALIFICATION, COMMENCEMENT AND EXPIRATION OF OFFICE, AND OTHER TIME PERIODS AS NECESSARY. WHEREAS, Article VIII, § 2(b) of the Florida Constitution requires that all municipal officers be elected by the people; and WHEREAS, Clearwater’s City Charter uses a plurality system, in which the candidate receiving the greatest number of votes is elected; and WHEREAS, this system can create outcomes in which a candidate supported by far less than fifty percent of Clearwater voters is nevertheless elected to office; and WHEREAS, the Clearwater City Council finds that credibility and trust in the democratic process is enhanced by a system in which each elected official enjoys the support of a majority of voters who participate in the election process; and WHEREAS, the City of Clearwater is the most populous city in the Gulf Coast region that allows a candidate to take office without receiving a majority of the votes cast in any election; and WHEREAS, Florida Statute § 101.019, enacted by the Florida Legislature in 2022, prohibits local government from using ranked choice voting as a method by which a majority winner can be identified; and WHEREAS, the Pinellas County Supervisor of Elections has advised the City of Clearwater that her office is able and willing to support any required run-off elections, if the City aligns its election schedule with state and federal elections; and WHEREAS, the Clearwater City Council expects to increase voter participation and reduce costs for the City by aligning its election schedule with state and federal elections; and WHEREAS, the creation of a run-off system as proposed in this ordinance will not take effect unless Clearwater voters approve the proposed charter amendments at a referendum; now therefore 2 Ordinance No. 9728-23 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The foregoing prefatory clauses are hereby fully incorporated herein as findings of the City Council. Section 2. In furtherance of creating a run-off system and changing the dates of Clearwater elections, as described in Section 8 of this ordinance, it is hereby proposed that Section 2.03 of the City Charter be amended as follows: Section 2.03. - Election and terms. Commencing with the terms beginning in 2008, all council members, including the mayor, shall be elected for terms of four years. Terms shall overlap, with two council members and the mayor elected one year, and the additional two council members elected two years later. No person who has, or but for resignation or forfeiture of office would have, served as a council member for two consecutive full terms shall serve as a council member other than mayor for the succeeding four-year term. No person who has, but for resignation or forfeiture of office would have, served as mayor for two consecutive full terms, shall serve as mayor or council member for the succeeding four-year term. Term limits shall be effective for each respective seat on the date of the next election for that seat after 1994. Notwithstanding any other provision in th , any councilmember, including the mayor, elected or reelected to seats 1, 2, or 3 during the March 2024 election shall take office the next business day following certification of city election returns. Each of these councilmembers shall serve in office until the third Tuesday in November of 2028. This paragraph is intended to ensure an orderly transition by preventing three vacancies in office that would otherwise persist between March of 2028 and the third Tuesday in November of 2028. In addition, the council members serving in seats 4 and 5 as of March 19, 2024, shall have their current terms in office extended from their anticipated expiration in March of 2026 until the third Tuesday in November of 2026. This paragraph is intended to ensure an orderly transition by preventing two vacancies in office that would otherwise persist between March of 2026 and the third Tuesday in November of 2026. Beginning in 2026 and any time thereafter, newly elected or reelected council members, including the mayor, shall take office the third Tuesday in November, at which time their four-year term shall commence.. Section 3. In furtherance of creating a run-off system and changing the dates of Clearwater elections, as described in Section 8 of this ordinance, it is hereby proposed that Section 2.07 of the City Charter be amended as follows: 3 Ordinance No. 9728-23 Section 2.07. - Vacancies; forfeiture of office; filling vacancies; advisory boards. **** (c) Filling of vacancies; vacancy in council member's seat. 1. A vacancy on the council should be filled by majority vote of the remaining council members within 30 days after the vacancy. The person so appointed shall serve as a council member for the remainder of the unexpired term of office. 2. If the council member fails to fill such vacancy within 60 days after it occurs, a special election shall be called to fill the unexpired term. A special election shall not be necessary if an election for that council member’s seat is already scheduled to occur within 60 days of the vacancy. 3. Any person appointed to fill such a vacancy shall possess all the qualifications required of a council member by law. **** Section 4. In furtherance of creating a run-off system and changing the dates of Clearwater elections, as described in Section 8 of this ordinance, it is hereby proposed that Section 8.05 of the City Charter be amended as follows: Section 8.05 – Elections. (a) Council positions. All members of the city council shall be elected at large. The candidate receiving the majority of votes cast for that seat in the Regular City Election shall be elected. (b) Regular City Elections. Commencing in the year 2026, Regular City Elections shall be held in August of even-numbered years, in conjunction with the primary election described in Florida Statute 100.061 or its successor statute. (c) Special elections. Special municipal elections may be called by the council at any time for such purposes as are authorized by law. (d) The Pinellas County Canvassing Board shall serve as the City of Clearwater's canvassing board, unless otherwise provided by ordinance. (e) Run-off Municipal Elections. Commencing in the year 2026, for each seat in which no candidate receives a majority of votes cast for that seat in the Regular City Election, then the two candidates for that seat who received the highest number of votes in the Regular City Election shall run against each other in a Run-off Municipal Election. Any Run-off Municipal Election, if required, shall be held in November of even-numbered years, in conjunction with the state and federal general election described in Florida Statute 100.031 or its successor statute. Following the Run-off 4 Ordinance No. 9728-23 Municipal Election, the candidate receiving the majority of the votes cast for that seat in the Run-off Municipal Election shall be elected. (f) Any candidate for city council elected in either a Regular City Election or the Run-off Municipal Election shall commence their term in office on the day or date described in Section 2.03 of the City Charter. Section 5. In furtherance of creating a run-off system and changing the dates of Clearwater elections, as described in Section 8 of this ordinance, it is hereby proposed that Section 14.02 of Code of Ordinances be amended as follows: Section 14.02. – Regular elections. (a) Regular municipal elections shall be known as Regular City Elections. Regular City Elections shall be held in August of even-numbered years, as described in Section 8.05 of the City Charter. (b) Early voting shall be authorized for both Regular City Elections and Run-off Municipal Elections to the maximum extent allowed by the Florida Election Code and the Pinellas County Supervisor of Elections. Section 6. In furtherance of creating a run-off system and changing the dates of Clearwater elections, as described in Section 8 of this ordinance, it is hereby proposed that Section 14.03 of Code of Ordinances be amended as follows: Sec. 14.03. - Method and manner of election. (1) Seats on the city council shall be numbered, and the candidate receiving the majority of votes among the candidates for that seat shall be elected in the Regular City Election. For each seat in which no candidate received a majority, a Run-off Municipal Election shall be held as described in Section 8.05 of the City Charter. (2) The mayor seat shall be number 1, the seats for the terms which expired in 1986 shall be numbers 4 and 5, and the seats for the terms which expired in 1987 shall be numbers 2 and 3. (3) Except to the extent provided in Section 2.03 of the City Charter, the election for seats 4 and 5 shall be held in 2010 and every fourth year thereafter, and the election for seats 1, 2, and 3 shall be held in 2012 and every fourth year thereafter. (4) Vacancies occurring on the city council between regularly scheduled elections shall be filled in accordance with the City Charter. Section 7. In furtherance of creating a run-off system and changing the dates of 5 Ordinance No. 9728-23 Clearwater elections, as described in Section 8 of this ordinance, it is hereby proposed that Section 14.41 of Code of Ordinances be amended as follows: Sec. 14.41. - Qualification for candidacy. **** (7) Candidates may file qualifying papers with the city clerk during regular business hours at the city hall during the qualifying period, which begins at 8:00 a.m. on the first Monday in May of even-numbered years, and ends at 5:00pm on the second Friday thereafter. Any candidate may withdraw from nomination, but no fee will be refunded. Section 8. A special City election is hereby called and will be held on March 19, 2024, for the consideration by the voters of the City of Clearwater of the proposed Charter Amendment. The question to appear on the referendum ballot shall be as follows: Creating an election run-off system and changing Clearwater’s election dates to make that system possible Shall the City of Clearwater charter be amended to require a run-off election, beginning in the year 2026, for each Council seat in which no candidate receives more than 50% of the vote in the regular city election? As described in City Ordinance 9728-23, this amendment will also change Clearwater’s regular election from March of even-numbered years to August of even-numbered years. The run-off elections, when necessary, will be held in November of even-numbered years. Yes _________ No ______ Section 4. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the regular election to be held on March 19, 2024. Section 5. This ordinance and the amendments to the City Charter provided for herein shall take effect only upon approval of a majority of the City electors voting in the March 2024 referendum election on these issues and upon the filing of the Amended Charter with the Secretary of State. 6 Ordinance No. 9728-23 PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Brian Aungust, Sr. Mayor Approved as to form: Attest: ____________________________ ____________________________ David Margolis Rosemarie Call City Attorney City Clerk INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: F 1,-- LC L Lr City: Zip: c l S 2 - Telephone Number:44QCr MQ ci ft s its(rIgt. Email Address: J Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. What is your position on the item? For Against Name: Address: 625 Ct,*I'5ri Sut-(E 20. City. ` Ae atA Zip: 33r? Telephone Number: (722-1))+44 -i( Email Address: G^C°t A,1)@ ,14/ Cf4g. C0i2'1 Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. 1'33 What is your position on the item? For, Against INDIVIDUAL SPEAKER E' rComment Card Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1334 Agenda Date: 11/2/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve Second Amendment to Sublease Agreement (Sublease Number 4799-002) providing to AMPLIFY Clearwater, as Sublessee, an amount not to exceed $250,000 for interior improvements to the property located at 3204 Gulf to Bay Boulevard and authorize the appropriate officials to execute same. SUMMARY: Approve Second Amendment to Sublease Agreement (Sublease Number 4799-002) providing to AMPLIFY Clearwater as Sublessee an amount not to exceed $250,000 for interior improvements to the property located at 3204 Gulf to Bay Blvd. Staff reviewed the proposed improvements and recommends approval of the $250,000 grant funding request based on the following: 1.The Visitor Center is located in a high traffic area at the eastern-most entrance to the city and will serve as the welcome and visitor information center for travelers entering the city from the east. This will serve as the only Visitor Center on the mainland of Clearwater. 2.The location is designated as a trailhead for Courtney Campbell Causeway Trail, will serve nearby Coopers Point Nature Park, and will provide easy connectivity to other hiking and biking trails including Ream Wilson Trail. The activation of the Visitor Center and other (future) trailhead improvements supports the city’s goal of Environmental Stewardship (Objective 4.4). 3.Upon completion of the project, the Visitor Center will encourage local patronage thereby boosting the local economy, and will endeavor to transform tourists into return visitors, residents, and employees. 4.Funding for all operating costs will be the responsibility of AMPLIFY Clearwater. Upon approval, AMPLIFY Clearwater will seek grants and other sources of funding from community partners and businesses to support interactive exhibits, sustainable and energy efficient design and technologies, and long-term operational sustainability. 5.The improvements to the facility are reasonable, providing necessary modernization to the space. 6.AMPLIFY Clearwater will collaborate with the city’s Parks & Recreation department for future exterior improvements associated with the trailhead capital improvements. Economic Development & Housing Dept will oversee the project as described in this Second Amendment and will authorize release funding distributions as described. Parks & Recreation Department will continue to oversee all other aspects of the Sublease Agreement. Background: August 16, 2017 - The city of Clearwater entered into a 50-year lease for the property located at 3204 Gulf to Bay Blvd. Owned by the state of Florida and offered for lease by the Bureau of Public Land Administration, Division of State Lands in Department of Environmental Protection, this 1.576 +/- acres property includes a 2-story building (approximately 4,310 SF). May 7, 2019 - The Greater Regional Chamber of Commerce entered into a 10-year sublease agreement with the city of Clearwater for the establishment and operation of a welcome center and trail restroom facility on the 1st floor of the building. Page 1 City of Clearwater Printed on 10/31/2023 File Number: ID#23-1334 September 15, 2021 - Amendment Number One was executed, revising the sublease term to a period of 30 years and ending on May 6, 2049. Strategic Objectives: 2.3 - Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. [Visitor Center] 4.4 - Develop accessible and active transportation networks that enhance pedestrian safety and reduce citywide greenhouse gas emissions. [Trailhead] APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will increase Parks and Recreation cost code 0101801-581000, Payment to Agencies to fund this agreement. USE OF RESERVE FUNDS: Funding for this contract will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of $250,000 to Parks and Recreation cost code 0101801-581000, Payment to Agencies. A net total of $250,000 of General Fund reserves has been used to date to fund expenditures in the 2023/24 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $30.5 million, or 15.3% of the current General Fund operating budget. STRATEGIC PRIORITY: Page 2 City of Clearwater Printed on 10/31/2023 BUSINESS PLANBUSINESS PLAN COURTNEY CAMPBELL VISITOR INFORMATION CENTERCOURTNEY CAMPBELL VISITOR INFORMATION CENTER PREPARED BY EXHIBIT A 2 EXECUTIVE SUMMARY 10 1 NOTE FROM THE CEO TABLE OF CONTENTS 4 OPERATION PLAN FINANCIAL PLAN VISION AND PURPOSE 8 6 With tourism as the #1 industry in our community, AMPLIFY Clearwater seeks to enhance the visitors' experience, leverage the economic impact of our robust tourism industry and convert travelers into residents and business owners that contribute to a thriving economy. The Courtney Campbell location serves as a gateway to our region's rich history and natural wonders. However, this facility has limitations that hinder its ability to accommodate the growing number of visitors and meet ADA requirements. We invite The City of Clearwater to partner on this project by sponsoring the enhancements necessary to optimize the functionality of this facility. By investing in the remodel, we can enhance the overall visitor experience and create a lasting impression. On the first floor of this structure, AMPLIFY will bring together private-sector tourism businesses and Visit St. Pete/Clearwater to create a modern visitor information center along this major artery to Americas Best Beaches. Located at the gateway to Pinellas County, this space will highlight the arts, culture, attractions, and resources that make this such a great place to visit – helping travelers shape a memorable experience and inspire repeat visitation and increased spend in market. Once travelers get a taste of all that Pinellas County has to offer and find themselves daydreaming of returning, we want to introduce resources on-site that inspire them to consider relocating to our area, moving their families and businesses here. We seek a total of $250,000 to complete this project., to be spent on the interior of this structure, opening and modernizing the space and internal facilities to reflect our community assets. Enclosed in this business plan, you will find detailed information about the remodel plans, cost estimates, and the anticipated impact of the project. We look forward to the opportunity to collaborate with you in transforming this space into a world-class visitor center facility. Together, we can create an unforgettable experience for all who visit our community. Sincerely, NOTE FROM THE CEO AMA NDA P AYN E, P R ESIDENT/CEO, A M P L IFY CLEARWATER 1 EXECUTIVE SUMMARY Overview The Courtney Campbell Causeway stands as a vital link between Clearwater and Tampa, offering breathtaking views of the Gulf of Mexico and Tampa Bay. With its scenic beauty and strategic location, it has become a bustling corridor for both residents and tourists alike. However, despite the growing importance of the Courtney Campbell Causeway as a prime travel route, there exists a conspicuous gap in visitor services. The absence of a dedicated Visitor Information Center poses a significant challenge for travelers seeking guidance, recommendations, and essential local knowledge. This deficiency in accessible and comprehensive information undermines the potential for maximizing the economic, cultural, and recreational opportunities offered by this scenic gateway. 2 In response to this evident need, AMPLIFY Clearwater envisions establishing a prominent Visitor Information Center to address the informational gaps and foster enhanced engagement with the local communities and visitors exploring the Courtney Campbell Causeway. This business plan outlines a strategic approach to bridge this gap by creating a hub that not only offers essential information and assistance but also promotes local businesses, attractions, and community involvement. The Art of Welcoming Visitors Welcoming visitors properly in a city like Clearwater holds immense importance for several compelling reasons, transcending immediate gains and touching upon the broader well-being and development of the community. A comprehensive and welcoming approach towards visitors can have far-reaching positive effects on the city and its residents. Here are some key reasons why AMPLIFY Clearwater believes in prioritizing proper visitor welcome and support: EXECUTIVE SUMMARY (CONTINUED) Economic Boost from Tourism: Proper visitor welcome drives local economy, with spending on various services like accommodation, dining, and shopping, stimulating businesses and creating jobs. Job Growth in Tourism and Hospitality: Tourism is a major job provider in Clearwater, thriving on positive visitor experiences, enhancing job opportunities and livelihoods. Community Pride through Welcome: A warm welcome reflects community spirit, fostering pride and engagement, creating a positive living environment. Cultural Exchange Benefits: Welcoming visitors encourages cultural exchange, promoting understanding, tolerance, and enriching the local community. Enhanced Infrastructure and Branding: Tourism revenue reinvestment elevates public services and attracts visitors, boosting Clearwater's appeal as a competitive travel destination. Educational and Green Initiatives: Visitor engagement offers educational insights and supports environmental stewardship, preserving natural and cultural resources. 1. 2. 3. 4. 5. 6. In conclusion, properly welcoming visitors aligns with the city's broader goals of economic prosperity, community well-being, and sustainable growth. Clearwater has much to gain by investing in strategies that ensure an exceptional and memorable experience for all visitors, fostering a culture of hospitality and inclusivity. 3 VISION AND PURPOSE DRIVING ECONOMIC IMPACT The visitor information center’s main purpose will be to drive economic impact into Clearwater. By providing tourists and visitors with valuable information about the city, the visitor information center aims to attract more visitors to Clearwater, ultimately boosting the local economy. The location will allow our team of destination specialists to capture visitors as they enter our City. The center will be staffed with knowledgeable and friendly employees who can answer questions and provide guidance on local attractions, events, and businesses. Our vision is to drive economic impact to the destination by capturing the visitors as they enter Clearwater. The Courtney Campbell location is at the gateway to our City, with ideal connectivity to surrounding towns, ensuring that visitors receive the information they need before reaching their final destination. We will focus on encouraging local patronage, bringing dollars directly to our Clearwater businesses. Lastly, it is our goal to transform the tourists we serve into return visitors, and eventually residents who participate in our tax base. The goal of this effort is to encourage patronage of local businesses, including but not limited to coffee shops and tea rooms, restaurants, hotels, retail stores (including specialty retail), and sports facilities. CAPTURING VISITORS AS THEY ENTER ENCOURAGING LOCAL PATRONAGE TRANSFORMING VISITORS INTO RESIDENTS 4 In addition to promoting tourism, the visitor information center will also serve as a hub for community events and activities, helping to foster a sense of community and belonging among residents and visitors alike. Overall, the center's presence will not only benefit the local economy but also enhance the overall experience of those who visit or reside in Clearwater. 5 VISION AND PURPOSE (CONTINUED) They provide seamless connectivity between different modes of transportation, making it easier for people to move between various destinations within a community. This improves overall accessibility and reduces travel times. Multimodal hubs can also help reduce congestion on roads. This leads to less traffic, decreased pollution, and a more efficient transportation network. Encouraging walking or cycling to and from the transportation hub promotes physical activity, leading to better public health outcomes by reducing sedentary lifestyles and associated health issues. Additionally, reducing air pollution contributes to a healthier living environment. Promoting the use of public transportation and alternative modes of travel, such as biking or walking, helps reduce the community's carbon footprint and contributes to a more sustainable environment by decreasing greenhouse gas emissions and air pollution. Multimodal transportation hubs, which integrate various modes of transportation, offer numerous benefits to a community, including enhanced connectivity and accessibility, reduced congestion and traffic, improved public health, and environmental sustainability: In summary, multimodal transportation hubs play a vital role in creating sustainable, connected, and accessible communities, contributing to economic growth, environmental sustainability, improved public health, and enhanced quality of life for residents. CREATING A TRUE MULTIMODAL HUB We look forward to making this location a dynamic and welcoming trailhead for those reaching us via bicycle or by foot, with accessible amenities open to all during business hours, and helpful information about community. OPERATION PLAN 6 Operation of the Courtney Campbell Visitor Information Center will include key components and considerations, such as: Accessibility and Connectivity: the strategic location will boast ADA accessibility to welcome all visitors. It will also serve as the Trailhead for the Courtney Campbell biking trail, playing the role of an information hub for central points of interest in the city. Design and Layout: we plan to design an inviting and informative space that facilitates easy navigation for visitors. Display maps, brochures, and signage prominently. Balance seating areas with interactive displays, and queuing systems for efficient service. Knowledgeable Staff: AMPLIFY Clearwater will employ well-trained, knowledgeable, and friendly destination specialists capable of providing accurate information and assistance. Technology Integration: we willl implement technology solutions like touch-screen kiosks, mobile apps, or virtual tours to enhance visitor engagement and provide digital access to information. Event and Activity Promotion: the space will serve to actively promote local events, festivals, and activities to encourage visitor participation and engagement within the community. Collaborations and Partnerships: we look forward to engaging with local businesses and agencies to to provide special offers, discounts, or packages to visitors, enhancing their overall experience. Visitor Feedback and Surveys: we will use feedback mechanisms like suggestion boxes or digital surveys to gather insights from visitors. It is our goal to analyze feedback to continuously improve services and address concerns. OPERATION PLAN (CONTINUED) 7 TR A F F IC C O U N T 6 0 ,0 0 0 AVERAGE DAILY TRAFFIC COUNT AT THE INTERSECTION OF GULF TO BAY BLVD AND S BAYSHORE BLVD PO T E N T I A L S E R V ICE V OL U ME 1 5 0 POTENTIAL DAILY VOLUME, IN NUMBER OF PERSONAL VEHICLES CONSIDERING .0025% OF ALL VEHICLES MAY STOP FOR SERVICE. To understand the potential volume of visitors served, we looked at FDOT Annual Traffic Counts at the intersection of Gulf to Bay and S Bayshore boulevards. The FDOT “Florida Traffic Online” website shows that 59,500 vehicles drive on Gulf to Bay boulevard and 4,900 on S Bayshore boulevard past that intersection daily. To make calculations easy, we will round this amount to 60,000. per FDOT data collected on https://tdaappsprod.dot.state.fl.us/fto// TRAFFIC COUNT AND POTENTIAL SERVICE VOLUME Our conservative potential service volume is calculated as a quarter percent of all vehicles traveling past that intersection every day. That number does not include visitors reaching us via other modes of transportation, including bike or walking. We seek a total of $250,000 to complete this project. $250,000 will be spent on the interior of this structure, opening and modernizing the space and internal facilities to reflect our community assets. We look forward to collaborating with the Parks and Recreation department as they work to beautify the exterior of this location to include directional signage, an attractive mural outside the building, and restriping the parking lot to encourage the best and easiest flow of traffic into and out of this facility. Post remodel, AMPLIFY Clearwater will take responsibility for all operating costs associated with visitor center operations. This is only a request for infrastructure improvement not operational support. If infrastructure improvement funding is approved by the City of Clearwater, we will also work to seek funding through business and community partners and local grants, supporting interactive exhibits or the sustainability and energy efficiency design and technologies and long- term operational sustainability. FINANCIAL PLAN OVERVIEW 8 OPERATIONS & INFRASTRUCTURE (CONTINUED) DETAILED CONSTRUCTION COSTS 9 FOR MORE INFORMATIONFOR MORE INFORMATION AMPLIFY Clearwater Amanda Payne, President/CEO amanda@amplifyclearwater.com Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9727-23 Agenda Date: 11/2/2023 Status: City Manager ReportVersion: 1 File Type: OrdinanceIn Control: Police Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Amend Clearwater Code of Ordinances, Chapter 21, Offenses, repealing Section 21.18 relating to prohibiting soliciting, begging, or panhandling in the Clearwater Downtown Core Redevelopment Zone and the Clearwater Beach Core Tourist Zone and pass Ordinance 9727-23 on first reading. SUMMARY: Section 21.18 of the Clearwater Code of Ordinances prohibits soliciting, begging, or panhandling in the Clearwater Downtown Core Redevelopment Zone and the Clearwater Beach Core Tourist Zone. Ordinances of this nature have faced constitutional challenges throughout the United States. The Clearwater Police Department no longer utilizes or enforces Section 21.18 of the Code of Ordinances prohibiting soliciting, begging, or panhandling in the Clearwater Downtown Core Redevelopment Zone and the Clearwater Beach Core Tourist Zone, and therefore should be repealed. Page 1 City of Clearwater Printed on 10/31/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1333 Agenda Date: 11/2/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Public Works Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Determine that two parcels of real property owned by the City and recorded in O.R. Book/Pages 3308/514 and 6275/724 at 110 N McMullen Booth Road, in Pinellas County, Florida, are uneconomic remainders of land as defined in City Charter Section 2.01(d)(5)(i), approve the sale for less than fair market value to the adjoining landowner, and authorize the appropriate officials to execute same. SUMMARY: On October 5, 2023 the City of Clearwater approved the surplus declaration for two, vacant and unimprovable Right of Way parcels. On October 6 and 9, 2023 the city staff discussed the purchase with the adjoining landowner to present an offer of $2,000.00 to purchase both parcels for the City Council’s consideration. Pinellas County has confirmed these parcels have no associated taxable value if purchased by this landowner. These parcels are encumbered by Utilities with relocation costs to exceed $200,000.00. These parcels are without fencing or barricades creating an ongoing city insurance risk. All existing utility easements will be Deed reserved with release upon approved relocation. City staff has reviewed and recommends approval. Page 1 City of Clearwater Printed on 10/31/2023 ! !! ! ! !! ! ! ! !N McMULLEN BOOTH RDS McMULLEN BOOTH RDCHERRY LN DREW ST CLEVELAND ST 110 3059307830803042116 120 Document Path: C:\Users\kevin.flynn\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\VAC2023-02\VAC2023-02.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 Declaration of Surplus 110 N McMullen Booth Road ² N.T.S.Scale:KFMap Gen By:TMReviewed By:9/6/2023Date: AERIAL MAP Real Property Sale Agreement between the City of Clearwater and Calvary Church REAL PROPERTY PURCHASE AND SALE AGREEMENT (Uneconomic Remainder) This REAL PROPERTY PURCHASE AND SALE AGREEMENT (“Agreement”) is made on this ____ day of ______________, 2023, between the City of Clearwater (the “City”), a Florida municipal corporation whose address is 600 Cleveland St., Suite 600, Clearwater, FL 33755; and First Baptist Church of Clearwater, Inc., (“Grantee”), a Florida Corporation whose address is 110 N. McMullen Booth Road, Clearwater, FL 33759. RECITALS: WHEREAS, the City is the owner of two parcels of real property, Parcel 1 & Parcel 2 (collectively referred to as the “Subject Property”), and more particularly described in Exhibit A attached; and WHEREAS, the City Council of the City of Clearwater has determined at a Public Hearing that the Subject Property meets the definition of an Uneconomic Remainder of land based on its size, shape, and limited access as well as other characteristics that prevent meaningful development of the Subject Property; and WHEREAS, Grantee is the owner of real property adjacent to the Subject Property; and WHEREAS, Grantee wishes to acquire the Subject Property, and the City desires to sell the Property for less than fair market value to the adjacent landowner as provided for under Section 2.01(d)(5)(i) of the Clearwater City Charter; and NOW THEREFORE, in consideration of the mutual covenants herein contained, and the mutual benefits to be derived hereunder, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. The recitals set forth above are true and correct and are incorporated herein by reference. 2. This Agreement describes the respective responsibilities of each party in providing for the sale of the Property. 3. The Subject Property is further described as: Proximity Address: 110 N. McMullen Booth Road west ending Cleveland Street Parcel 1 – As described in OR Book 3308, Page 514 Parcel 2 – As described in OR Book 6275, Page 724 Legal: See Exhibit A. 4. The City had an appraisal conducted on August 3, 2023, which estimated the value of the Subject Property to be Seventeen Thousand Dollars ($17,000.00). 5. The Purchase Price of the Subject Property shall be Two Thousand Dollars ($2,000). 6. The City agrees to sell, convey, and transfer to Grantee, all of the City’s right, title and interest in and to the Subject Property subject to the terms, conditions and provisions hereof. The Sale of Real Property Sale Agreement between the City of Clearwater and Calvary Church the Property contemplated by this Agreement shall be conveyed by Quit-Claim Deed. The City makes no warranties as to the marketability of title and conveys the Property in “as-is, where-is, with all faults” condition. 7. The City will reserve a public utility easement within the deed to the extent necessary to cover any existing utilities within the Subject Property. Said reservation of easement will terminate upon the City’s approval and acceptance of the relocation of utilities. 8. Grantee shall have, at its own expense, the right to conduct inspections and determine the feasibility of accepting the conveyance of the Property. For purposes of physical inspection of the Property, the City grants to Grantee, its agents and professionals engaged by such Parties, the right to enter upon the Property. Grantee shall not perform any inspections or tests requiring invasive methods without prior written consent of the City. 9. Grantee will pay all closing costs associated with the transfer of Property, including but not limited to settlement fees, title insurance, appraisal fees, taxes, and recording fees. 10. Grantee shall have, at its own expense, the right to purchase title insurance. Any matters set forth in the title commitment, including any defects, or liens and encumbrances, shall be the responsibility of Grantee to cure, or accept as exceptions to the title policy. 11. Whenever this Agreement requires or permits any consent, notice, request, or demand from one party to the other (collectively “Notice”), such Notice must be in writing and shall be delivered either by hand or by certified mail. Notice shall be effective as of the date of actual delivery or, if delivery is refused by the receiving party, the date on which such delivery was attempted. Each party’s initial address for delivery of any Notice is designated below, but any party from time to time may designate a different address for delivery of any Notice by delivering to the other party Notice of such different address: If to City: City of Clearwater Attn: City Manager One Clearwater Tower 600 Cleveland Street, Suite 600 Clearwater, FL 33755 If to Grantee: First Baptist Church of Clearwater, Inc. C/O Tom Price – Lead Administrator 110 N. McMullen Booth Road Clearwater, FL 33759 12. This Agreement may not be assigned by Grantee without the express written consent of the City, which consent shall be in the City’s sole discretion. 13. This Agreement, together with any exhibit(s) attached hereto, constitutes the entire Agreement between the parties and no representation, warranty, promise or inducement not expressly included in the Agreement shall be binding upon any party hereto, their legal representative, successors and assigns. 14. The “Effective Date” of this Agreement shall be the date on which both parties have executed this Agreement following the approval of the City Council. Real Property Sale Agreement between the City of Clearwater and Calvary Church IN WITNESS WHEREOF, the parties have duly executed this agreement the day and year first above written. THE CITY OF CLEARWATER, FLORIDA By: ______________________________ Brian Aungst, Sr., Mayor Approved as to form: Attest: ______________________________ _________________________________ Jerrod D. Simpson Rosemarie Call Assistant City Attorney City Clerk ON BEHALF OF THE GRANTEE Attest: ______________________________ By: _____________________________ ______________________________ ________________________________ Print Name Print Name and Title ______________________________ ______________________________ Print Name 565 SOUTH HERCULES AVENUE CLEARWATER, FL 33764 phone 727.822.4151 WWW.TRANSYSTEMS.COM LICENSED BUSINESS NUMBER 8103 EXHIBIT "A" 565 SOUTH HERCULES AVENUE CLEARWATER, FL 33764 phone 727.822.4151 WWW.TRANSYSTEMS.COM LICENSED BUSINESS NUMBER 8103 CLEVELAND ST. CLEVELAND ST. EXHIBIT "A" APPRAISAL REPORT CLEVELAND STREET SEGMENT WEST OF MCMULLEN-BOOTH ROAD ROUGHLY 600’ SOUTH OF DREW STREET CLEARWATER, FLORIDA 33759 DATE OF VALUATION AUGUST 3, 2023 PREPARED FOR MR. ROBERT KASMER REAL ESTATE SERVICES COORDINATOR CITY OF CLEARWATER ENGINEERING DEPARTMENT 110 S. MYRTLE AVENUE, SUITE 220 CLEARWATER, FLORIDA 33756 SENT VIA E-MAIL: ROBERT.KASMER@MYCLEARWATER.COM PREPARED BY JAMES M. MILLSPAUGH, MAI JAMES MILLSPAUGH & ASSOCIATES, INC. 110 TURNER STREET CLEARWATER, FL 33756-5211 JAMES MILLSPAUGH & ASSOCIATES, INC. REAL ESTATE APPRAISERS & CONSULTANTS LICENSED REAL ESTATE BROKER 110 TURNER STREET, CLEARWATER, FLORIDA 33756-5211 PHONE: (727) 461- 2648 FAX: 442-8922 E-MAIL: jim@millspaugh-appraisals.com | WEBSITE: www.millspaugh-appraisals.com August 10, 2023 Mr. Robert Kasmer Real Estate Services Coordinator City Of Clearwater Engineering Department 110 S. Myrtle Avenue, Suite 220 Clearwater, Florida 33756 Sent Via E-Mail: robert.kasmer@myclearwater.com RE: Appraisal Services Cleveland Street Segment West Of McMullen-Booth Road Roughly 600’ South Of Drew Street Clearwater, Florida 33759 Dear Mr. Kasmer: At your request, I have made an appraisal report of the market value of the fee simple estate of the subject real property only. The property and methods utilized in arriving at the final value estimate are fully described in the attached report, which contains 21 pages and Addenda. This Appraisal Report has been made in conformance with and is subject to the requirements of the Code of Professional Ethics and Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Institute and the Appraisal Foundation. The Appraisal Report and final value estimate are subject to all attached Contingent and Limiting Conditions. I have made a careful and detailed analysis of the subject property and after analyzing the market data researched for this report, I estimate that the market value of the referenced real property only subject to the stated limitations, definitions and certifications set forth in the attached appraisal report as of August 3, 2023, was: SEVENTEEN THOUSAND DOLLARS ($17,000) Respectfully submitted, JAMES MILLSPAUGH & ASSOCIATES, INC. ____________________________ James M. Millspaugh, MAI JMM:sg JAMES M. MILLSPAUGH, MAI State-Certified General Real Estate Appraiser RZ58 TABLE OF CONTENTS INTRODUCTION Title Page Letter of Transmittal Table of Contents Site Photographs DESCRIPTIONS, ANALYSES AND CONCLUSIONS Identification of the Property 1 Census Tract Location/Zip Code 1 Flood Zone Location 1 Environmental Audit Data 1 Objective and Intended Use/Users of the Appraisal Report 1 Exposure Period Estimate 2 Statement of Ownership and Recent Sales History 2 Scope of the Appraisal 2 Definition of Market Value 2 Standard Contingent and Limiting Conditions 3 Certification 5 Area Description 6 Site Data 6 Assessment and Tax Data 6 Zoning and Land Use Data 8 Highest and Best Use 9 Land Value Estimate 9 Land Sales Analysis and Conclusions 18 Atypical Land Sales 19 ADDENDA Qualifications of the Appraiser Standard Definitions EXISTING CONDITIONS CLEVELAND STREET SEGMENT WEST OF MCMULLEN-BOOTH ROAD ROUGHLY 600’ SOUTH OF DREW STREET CLEARWATER, FLORIDA 33759 DATE OF PHOTOGRAPHS: AUGUST 3, 2023 SITE VIEW FROM CLEVELAND STREET CLEVELAND STREET SCENE LOOKING WEST TOWARD SUBJECT IDENTIFICATION OF THE PROPERTY: The site is located at the western terminus of Cleveland Street west of McMullen-Booth Road about 600’ south of Drew Street. It is legally described as follows: Parcel #1: The North 20’ of the East 115’ of the North 142’ of the S/2 of the SE/4 of the NW/4 of the NW/4 of Section 16, Township 29 South, Range 16 East (recorded O. R. Book 3308, Page 514). Parcel #2: The south 20’ of the following described parcel. Begin at the NE corner of the S/2 of the SW/4 of the NW/4 of the NW/4 of Section 16, Township 29 South, Range 16 East. Run thence West 115’ MOL; thence run North 169’; thence run East 115’; thence run South 169’ to the P.O.B. (recorded O. R. Book 6275, Page 724). CENSUS TRACT LOCATION/ZIP CODE: #268.194/33759 FLOOD ZONE LOCATION: Pinellas County, Florida Map #12103C0129H Effective Date: 8/24/21 The subject and surrounding lands are located in an X zone that is “an area of minimal flooding” where flood insurance is not required. ENVIRONMENTAL AUDIT DATA: The Appraisal has been performed without benefit of an environmental audit and presumes that no problems exist, however, I reserve the right to review and/or alter the value reported herein should a subsequent audit reveal problems. OBJECTIVE AND INTENDED USE/USERS OF THE APPRAISAL REPORT: The objective of this report is to estimate the current market value base for the City of Clearwater in offering the parcel for sale as excess land to an adjacent owner as of August 3, 2023 (date of inspection and photographs). The intended users of the report are the City of Clearwater representatives and no others. 2 EXPOSURE PERIOD ESTIMATE: This is the past period of time required to have sold the subject property at my value estimate on the appraisal date. The nature of the sale has been prompted by the adjacent owner to add the parcel to their assembled ownership. As such, this period of time would be several months but could be extended if the agreement for the value is contested. STATEMENT OF OWNERSHIP AND RECENT SALES HISTORY: The parcel is owned by the City of Clearwater that acquired title in two transfers in March 1970 and July 1986 with no subsequent transfers that would impact the current market value. SCOPE OF THE APPRAISAL: The extent of my research effort includes the Pinellas Clerk’s and Property Appraiser’s data, MLS data, various business periodicals, internet sources and my newspaper clipping files. I have inspected the described market and verified the land sales data with a related party. The report will include a two-step process of valuing the adjacent acreage and then considering the shape/size of the parcel by reviewing historical sale data for similar irregular shaped and/or sized parcels (Atypical Land Sales). DEFINITION OF MARKET VALUE:1 The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in the definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) Buyer and seller are typically motivated; (2) Both parties are well informed or well advised, and acting in what they consider their own best interests; (3) A reasonable time is allowed for exposure in the open market; 3 (4) Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. ------------------------------------------- 1 Federal Deposit Insurance Corporation, 12 CFR, Part 323, RIN 3064-AB05, August 20, 1990, Section 323.2, Definitions. STANDARD CONTINGENT AND LIMITING CONDITIONS: This Appraisal is subject to the following limiting conditions and contingencies: This Appraisal Report in no way represents a guaranty or warranty of estimated market value as reported herein. The Appraisal Report represents the opinion of the undersigned as to "one figure" based upon the data and its analysis contained herein. The legal description furnished is assumed to be correct and unless otherwise noted, no survey or title search has been made. No responsibility is assumed by the Appraiser(s) for these or any matters of a legal nature and no opinion of the title has been rendered. The property is appraised as though under responsible ownership and management. The Appraiser(s) believe(s) that information contained herein to be reliable, but assume(s) no responsibility for its reliability. The Appraiser(s) assume(s) there are no hidden or unapparent conditions of the property, subsoil, or structure which would affect the value estimate. Unless otherwise noted, the Appraiser(s) has not commissioned termite or structural inspection reports on any improvements or subsoil tests on the land. The attached photos, maps, drawings, and other exhibits in this report are intended to assist the reader in visualizing the property and have been prepared by the Appraiser(s) or his staff. These exhibits in no way are official representations/surveys of the subject property. 4 Any distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. Separate valuations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. In this appraisal assignment, the existence of potentially hazardous material used in the construction or maintenance of the building, such as the presence of urea-formaldehyde foam insulation, and/or the existence of toxic waste, which may or may not be present on the property, was not observed by the Appraiser; nor does he/she have any knowledge of the existence of such materials on or in the property. The Appraiser, however, is not qualified to detect such substances. The existence of urea-formaldehyde insulation or other potentially hazardous waste material may have an effect on the value of the property. The Appraiser urges the client to retain an expert in the field if desired. The Appraiser(s) will not be required to appear in court unless previously arranged. The Appraiser's duties pursuant to his employment to make the Appraisal are complete upon delivery and acceptance of the Appraisal Report. Possession of this report or copy thereof does not carry the right of publication. Neither all nor any part of the contents of this report (especially any; conclusions as to value, the identity of the Appraiser(s), or the firm with which he is connected, or any reference to the Appraisal Institute or to the MAI or SRA designation) shall be disseminated to the public through advertising media, public relations media, news media, sales media, or any other public means of communication without the prior written consent and approval of the undersigned. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. The Appraiser(s) has (have) not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the Appraiser(s) has (had) no direct evidence relating to this issue, the Appraiser(s) did not consider possible noncompliance with the requirements of ADA in estimating the value of the property. 5 CERTIFICATION The undersigned does hereby certify that, except as otherwise noted in this appraisal report: 1. As of the date of this report, I, James M. Millspaugh, have completed the requirements under the continuing education program of the Appraisal Institute. 2. I have personally inspected the subject property and have considered all factors affecting the value thereof, and to the best of my knowledge and belief, the statements of fact contained in this appraisal report, upon which the analyses, opinions and conclusions expressed herein are based, are true and correct, subject to all attached Contingent and Limiting Conditions. 3. I have no present or contemplated future interest in the real estate that is the subject of this appraisal report. 4. I have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved. 5. My fee for this appraisal report is in no way contingent upon my findings. The undersigned further certifies that employment for this appraisal assignment was not based on a requested minimum valuation or an approval of a loan. 6. This appraisal report sets forth all of the limiting conditions (imposed by the terms of my assignment or by the undersigned) affecting the analyses, opinions, and conclusions contained in this report. 7. This appraisal report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Institute and the Appraisal Foundation and may be subject to peer review. Further, I have met USPAP's competency provision and am capable of completing this appraisal assignment. 8. No one other than the undersigned prepared the analyses, conclusions and opinions concerning the real estate that are set forth in this appraisal report. 9. In my opinion, the estimated current market value of the subject real property only as of August 3, 2023, was: SEVENTEEN THOUSAND DOLLARS ($17,000) ____________________________________ James M. Millspaugh, MAI State-Certified General Real Estate Appraiser RZ58 6 AREA DESCRIPTION: This is a major crossroads area in northern Pinellas located adjacent to the Courtney Campbell (SR #60) Causeway and the Bayside Bridge. Aside from the Gulf To Bay commercial district, and several major intersections, the bulk of the area is suburban residential in character with McMullen-Booth Road being a scenic corridor protected by Clearwater and Safety Harbor. While having among the highest traffic counts in north Pinellas along McMullen-Booth Road (53,500), US Highway 19 (117,000-119,000) remains the most active commercial route that continues to gradually shift to a limited access roadway. The traffic counts were reported in the 2021 Forward Pinellas Traffic Count Map. In addition to the area’s large activity base including the major malls, the Clearwater Industrial Park, major sports venues and the massive Bayside Office District, there are no known major detrimental influences that would negatively impact the subject and its immediate locale. SITE DATA: The parcel comprises a 40’ x 115’ rectangle with the 40’ dimension fronting Cleveland Street. Total land area then is 4,600 SF (40’ x 115’) that is currently paved as part of the municipal roadway. ASSESSMENT AND TAX DATA: The parcel does not have a tax parcel number due to the municipal ownership and public use. 7 8 ZONING AND LAND USE DATA: These do not exist while the surrounding lands owned by Calvary Church are zoned I for Institutional with the same land use plan designation. The major use intention is for semi-public assembly uses of churches, schools and/ or fraternal buildings with the regulations placed on these and other proximate properties due to their church ownerships and not locational characteristics. The level 1 uses (approved by the zoning administrator) include ALF, cemetery, community garden, congregate care, education facility, funeral homes, government use, hospital, medical clinic, museum, nursing home, places of worship, parks/ recreation, schools and telecommunication towers. These basic uses require 10- 40,000 SF sites except 5 acres for hospital, with setbacks of 25’ front, 10’ side, 20’ back plus a 50’ maximum height and FAR of .65 plus ISR of .85. Typical parking requirements include government (4/1,000), medical clinic (5/1,000), museum (3/1,000), place of worship (1/2 seats) and schools (1/ 3 students). Flexible standard uses (19) require both staff and Community Development Board approvals with similar setbacks / height requirements. Level 2 uses (5) require approvals from staff, CDB and the City Commission. The regulations are fairly restrictive with the existing improvements having various nonconformities but being grandfathered-in for the existing uses. Under a change of use concept other than church/school uses, current regulations would be imposed and likely result in significantly smaller buildings with larger parking lots and storm retention. This regulation is driven primarily by the church ownership and not the typical private land use trends. Lots to the west along Bayview Avenue are in the US 19 zoning district while those to the east of McMullen-Booth have varied low density residential zoning and improvements. The northwest corner of Drew/McMullen-Booth is zoned OS/R Open Space Recreational due to the city ball fields while if moved would likely have been some form of non- residential use such as the massive west adjacent Baycare office park that previously had been a subsidized housing complex. Currently, it has US 19 regulations while the 20A parcel to the 9 south extending to Gulf To Bay Boulevard is also zoned US 19. It is currently improved with several retail uses on Gulf To Bay plus an RV Park to the north along Bayview. That parcel has been in long-term land lease that is coming to its end in the short-term and is pending sale/redevelopment plans. HIGHEST AND BEST USE: (Defined In The Addenda) The existing church campus comprises a roughly 40 Acre rectangle with out-parcels along Cleveland Street and Cherry Lane likely diminishing the easy use of the total ownership. As such, to complete the assemblage for the church ownership, the privately owned improved parcels will require substantial price premiums and long-term delays that tend to lower the PSF value in comparison to an assembled parcel of the same or similar size. Clearly, however, the subject vacant small parcel has no practical individual use but would be in demand from the adjacent Calvary ownership entity. LAND VALUE ESTIMATE: (Surrounding Acreage) The following the Land Sale Comparisons are considered to value the subject 41.02 Acres MOL assemblage with the Institutional zoning generally equivalent to the prevalent trend along McMullen-Booth Road and Drew Street where retail is a small segment of the area uses. The data is summarized below along with pertinent details and considered to be cash equivalent. 10 11 LAND SALE #1 Location: Wraps around NE corner of SR #590 and McMullen-Booth road, Safety Harbor Legal Description: Metes and Bounds Parcel #34/01, #34/02, #34/03, #34/09. #34/05, #34/06 and #34/07 plus all of Block 1 and 2, Sonia Terrace Subdivision Plat Book 19, Page 44 plus vacated streets. Date of Sale: September 2018 Sales Price: $8,000,000 Size: 34.45 Acres total including 10.15 Acres wetland, 24.3 Acres usable Price PSF: $7.56 Grantor/Grantee: Coopers Point Bayou, LLC./K & P Safety Harbor Estate, LLC. Recording Data: O.R. Book 20214, Page 488 Sale Confirmed With: B. Stanley, Grantor Rep Zoning: 2.8 Acres Office, 21.5 Acre Residential Median and Preservation Comments: This vacant wooded parcel had been proposed several years earlier for a mixed-use complex of apartments/office but could not gain city approval. It was later purchased by Coopers Point for redevelopment into other uses after extensive public objections. This transfer was reportedly made with the intention of developing another college campus by the developer who had recently redeveloped the Clearwater Christian campus is off the Courtney Campbell Causeway. This transfer was made without zoning approvals while the buyer was not deterred. 12 LAND SALE #2 Location: Northeast corner of McMullen-Booth Road and Union Street, Safety Harbor Legal Description: Lots 1-10, 51-70, both inclusive, plus parts of vacated Suwannee Street and Dixie Avenue, Dixie Subdivision, Plat Book 9, Page 80 Date of Sale: November 2018 Sales Price: $1,400,000 Size: 310’ x 363.1’; 112,561 SF Price PSF: $12.44 Grantor/Grantee: Cedar Street Properties, LLC./Cedar Street Crossings, LLC. Recording Data: O.R. Book 19899, Page 1986 Sale Confirmed With: G. Maxon, Broker Zoning: R-3 - Residential Suburban Land Use, Safety Harbor Comments: The partially improved site (metal building/storage yard) was acquired for future development of a site plan approval for a two-story office building of 22,943 SF supported by a 77 space parking lot. The intersection is a secondary signalized corner located roughly 1 mile south of the Northwood Estates retail/office district where traffic counts on the 2017 Forward Pinellas Traffic Count map were at 59,915. 13 LAND SALE #3 Location: 3200 N. McMullen Booth Road, Clearwater Legal Description: Metes and Bounds Parcel #22/07 located in the SE/4 of the NW/4 of Section 21, Township 28 South, Range 16 East Date of Sale: January 2019 Sale Price: $962,500 Size: 87,991 SF Irregular Shape, 244’ Frontage, 336’ Depth Price PSF: $10.94 Grantor/Grantee: Holy Trinity Episcopal Church in Countryside, Inc./Bosw3, LLC. Recording Data: O.R. Book 20400, Page 0993 Data Confirmed With: R. Fisher, Broker Zoning: I, Institutional, Clearwater Comments: This parcel is excess land to the existing church that was improved with support space for the main facility. It was purchased for office space development due to its location directly across from the Mease Countryside hospital. The sale included an ingress- egress easement to the Mease Drive signalized intersection along with cross parking easements plus it had a fairly steep slope to a meandering stream along the southern site boundary. These issues plus demolition of the existing structure will result in a higher than normal site and building development expense. If developed for multi-family, the gross density was at 12.5 per acre or 25 units ($38,500 per unit). 14 LAND SALE #4 Location: Wraps around SW corner of McMullen-Booth Road and Union Street, Clearwater Legal Description: Metes and Bounds Parcel #s 22/01, 22/021 and 22/031 located in the NW/4 of the NW/4 of Section 4, Township 29 South, Range 16 East Date of Sale: March 2019 Sale Price: $2,850,000 adjusted for site re-mediation costs to $3,450,000 Size: 8.33 Acres MOL, 313’ McMullen-Booth frontage plus 177’ on Union Street Price PSF: $9.51 Grantor/Grantee: D. Guy McMullen Living Trust et al./1990 N. McMullen-Booth Road LLC. Recording Data: O.R. Book 20468, Page 0295 Data Confirmed With: G. Maxon, Broker Zoning: AE, Agricultural Estate, RS – Residential Suburban Land Use, Pinellas County Comments: This site wraps around a corner retention pond serving the roadway and borders a public school to the west. The corner is signalized with most uses along McMullen- Booth being low density residential and/or institutional. The site is being proposed for a 161 bed ALF, which can be developed at 3 times the maximum density per the land use of 7.5 units per acre. The contract had been pending various regulatory approvals from Spring 2017. 15 LAND SALE #5 Location: 504 Hoyt Avenue at west end off McMullen-Booth Road, Clearwater Legal Description: South 138’ of north 276’ of west 442.19’ of the SW/4 of the SW/4 (Metes and Bounds #33/01) located in Section 09, Township 29 South, Range 16 East Date of Sale: April 2021 Sales Price: $290,000 Size: 138’ x 442’: 61,022 SF Price PSF: $4.75 Grantor/Grantee: Intra-Urban Investment, LLC./City Of Clearwater Recording Data: O.R. Book 21478, Page 0288 Sale Confirmed With: R. Byrzak, Grantee Rep. Zoning: R-3, Pinellas County, RL – Residential Low Land Use (5 PA density max.) Comments: This parcel has a 30’ frontage that with Clearwater regulation after annexation would allow creation a flag-shaped lot for single-family units while adequate land area exists for up to seven living units. The parcel had been on the market for roughly seven months at $399,000 reduced to $369,000 and was purchased by the adjacent south municipal ownership for use as overflow parking/open space for the nearby public ball fields. The western 1/3 of the site had a severe slope towards proximate wetland areas and was heavily treed while the balance was open land surrounded by single-family uses. The remaining 30’ of the unimproved Hoyt Avenue was owned by the city that had denied its use for a roadway that would have allowed multiple lots vs. the allowed single flag-shaped lot. Comparable sized single-family lots in this locale recently had sold near $7.00 PSF which indicates a 1/3 discount for this site’s lack of adequate access and steep slope. 16 LAND SALE #6 Location: West side of McMullen-Booth Road approximately 600’ south of Enterprise Road, Clearwater Legal Description: Metes and Bounds #22/01 located in the NW/4 of the NW/4 of Section 33, Township 28 South, Range 16 East Date of Sale: September 2021 Sale Price: $3,400,000 Size: 465’ x 600’ MOL; 6.52 Acre = 284,011 SF Price PSF: $11.97 Grantor: K. Preedom Trust/VC Clearwater Senior Housing, LTD. Recording Data: O.R. Book 21787, Page 0500 Sale Confirmed With: Colliers Realty, Broker Zoning: MDR – Medium Density Residential with Residential Low Median Land Use, Clearwater Comments: This lightly wooded parcel backs to single-family with storm retention to the north and retail complex at the southwest corner of Enterprise Road. This location is essentially built-out with mixed-uses in a suburban shopping district. It was purchased for the development of an ALF. 17 LAND SALE #7 Location: 24339 US Highway 19 N., Clearwater Legal Description: Lot 2, Aventon in Clearwater, Plat Book 145, Page 140 Date of Sale: September 2021 Sales Price: $15,559,300 Size: 22.762 Acres MOL, Including 2 drive lanes off US Highway 19 Price PSF: $15.69 PSF Price Per Unit: $39,291 Grantor/Grantee: Southern Comfort Park, Inc./Aventon Clearwater Owner, LLC. Recording Data: O.R. Book the 21731, Page 0598 Sale Confirmed With: Coastal Bay Reality Zoning: US 19 Corridor Clearwater Comments: This former mobile home park was purchased for redevelopment into a 396-unit apartment complex to be housed in 10 four-story buildings having units ranging from 752-1,488 SF with an approximate 1,300 SF average size. The mobile homes and owner interests had been satisfied before the transaction with some contamination issues representing credits at the time of closing after a Fall 2020 initial contract. The site is generally of conventional rectangular shape with a 2.2-acre wetland area located along the eastern site boundary and enclosed by wetland buffers plus several retail-use parcels fronting the US 19 service road. 18 Land Sale Re-Cap Chart Sale # Date Of Sale Sales Price Site Size In SF Price PSF 1 9/18 $8,000,000 1,058,508 $ 7.56 2 11/18 $1,400,000 112,561 $12.44 3 1/19 $ 962,500 87,991 $10.94 4 3/19 $3,450,000 362,855 $ 9.51 5 4/21 $ 290,000 61,022 $ 4.75 6 9/21 $3,400,000 284,011 $11.97 7 9/21 $15,559,300 991,513 $15.69 Subject -- -- 1,786,831 -- LAND SALES ANALYSIS AND CONCLUSIONS: Calvary Assemblage The range of prices from $4.75-$15.69 PSF is considered to bracket the subject PSF value. The two large transactions ranged from $7.56-$15.69 with the highest located primarily off US 19 with the liberal zoning that, in reality, was not used to support the apartment complex. An existing 20+ acre site at Bayview/Gulf To Bay Boulevard that includes a 16 Acre RV Park fronting Bayview plus a variety of retail uses along Gulf To Bay has been on the market at from $20.00-$25.00 PSF but is not closed due to a long-term net lease that will expire soon. That price level for Land Sale #7 and the listing is superior to the subject but also has excluded out- parcels that would benefit the re-development efforts. Essentially, the subject proximate street frontage uses would restrict the overall price PSF value from these high points. Land Sale #1, however, would be more representative of the subject as it too did not control the proximate corner parcel and the existing zoning intensity was overall inferior to the subject. This sale is also dated and required upward time adjustment. Aside from #5 at only $4.75 PSF due to single- family zoning and access restrictions, the other examples range from $9.51-$12.44 PSF for smaller parcels with most having more intense uses than the subject and generally increasing with time to some extent. As such then, the subject would appear to be realistic around $10.00 PSF before adjustment down due to the large size (-20%) and excluded out-parcels (-5%) that would support the subject 41.02 Acre campus at roughly $7.50 PSF. 19 ATYPICAL LAND SALES: The next step is to estimate an impacted value for a restricted lot that appears suitable only for the adjacent buyer for extra yard space and/or expansion of the existing improvements. The following examples are the best known to me located in the greater Clearwater/North Pinellas area. This southerly 15’ of Lot 1, Hugh B. Hatch Subdivision located on CR #1 in Dunedin sold in August 1976, for $2,500. This was an unusable strip of excess land that was sold to one of three adjoining property owners. Its dimensions were 15’ x 1,316’. The land, if conventionally shaped, would have been valued at $10,000 per acre or $4,540 for the narrow strip. The actual price reflects 55% of the conventional value and was influenced by the fact that the third owner at the end of the strip could have utilized this site for another access road (recorded O. R. Book 4455, Page 11). A 70’ x 572’ site located on the north side of Lakeview Road about ¼ mile east of S. Ft. Harrison Avenue, Clearwater, sold in June 1986 or $126,236 or $3.15 PSF. It had been railroad owned, was zoned for light industrial and was purchased for speculative office/storage development by the area’s most active developer. The site was bounded by the active rail line on one side and a platted but unimproved street on the other. Both adjacent rights of way benefited this site’s ultimate development potential. At that point in time, other similar located sites of conventional shape would have been valued at $6.00 PSF which indicated this usable tract sold at 52.5% of standard due to its narrow configuration (recorded O. R. Book 6255, Page 965). Another similar scenario included a 34.72’ x 112.57’ MOL strip of former railroad right of way located south of Ohio Avenue in Palm Harbor where only the adjacent owner could benefit from its purchase. This site was fully improved with this parcel simply representing excess land. The site was purchased for $5,000/$1.48 PSF in July 1994 at a point when the full value for the adjacent land use was $3.50 PSF. This sale then represents 42% of full value (recorded O. R. Book 8728, Page 1775). 20 Another more recent example in January 1996 included the sale of the vacated Milwaukee Avenue extending north from Main Street in Dunedin to Skinner Boulevard. This 40’ x 489’ MOL section of land was purchased by one of several adjacent owners to form a larger parcel. The buyer already owned a 3+ acre site but was motivated to create more buildable areas in anticipation of future demand. The $24,000/$1.07 PSF price reflected an average of 34.6% of adjacent land values for low density residential, office and related concepts (recorded O. R. Book 9213, Page 798). A downtown Clearwater example included a 15’ x 210’ parcel located in the southeast quadrant of Drew and Myrtle (Parcel #15-29-15-00000-220-0200) which fronted an unpaved alleyway about 180’ south of Drew Street. This site had no individual utility but was located in the development rectangle of the adjacent private school campus where land value was fair at $5.00 PSF. Both adjacent owners bid for the property and the high bidder at $7,300 sold the option to the private school at $3,500 in August 1998. Therefore, the total $10,800 cost indicated $3.42 PSF for a site having no substantial benefit to either party. This transaction then reflected 68.4% of the $5.00 PSF normal value (recorded O. R. Book 10214, Page 1250). The previous public Damascus Road Clearwater extending north into the Clearwater Christian College campus off the Courtney Campbell Parkway was acquired by the re-developer of the college campus to control the total ownership. The campus included 27.33 acres plus wetlands of 9.27 acres with a road having 20’ x 920’ approximate dimensions and total land area of 17,960 SF. It had been previously acquired as an access to Cooper’s Point public parkland with this sale also including an easement to replace the roadway. The roadway site was acquired at $137,000 per recent appraisal that represented roughly 86.5% of the value for the uplands ($7.63/$8.82 = .865) (recorded O. R. Book 20323, Page 2319). A substandard single-family lot (25’ x 91’) located at the northwest corner of Engman Street and Douglas Avenue, Clearwater, sold to the adjacent owner for extra yard space in April 2019 at $2,300 or $1.02 PSF while typically sized lots were selling near $4.00 PSF. This reflects 25.6% of normal pricing. This site was a corner that noticeably improved the residence at 1164 Engman Street. The lot was legally described as Lot 66, Block D, Greenwood Park #2, Plat Book 8, Page 16 (recorded at O. R. Book 20487, Page 0255). 21 Another example included a 76’ x 91’ site that only fronted the Pinellas Trail but bordered an apartment building and single-family residence that had frontage on Overbrook Avenue and Sunset Point Road in northern Clearwater. The site had an MDR zoning with RU – Residential Urban Land Use (allowed 7.5 PA). Both parties expressed an interest in the site that was 10’-12’ above the trail surface but only the residence buyer submitted a bid. It sold at $6,006 in January 2020 on a SF basis and was near 75% of typical lot prices in this locale (recorded O. R. Book 20844, Page 2448). While the subject is likely too small for separate development, it is of conventional shape with Cleveland Street access and is highly logical for acquisition by the adjacent owner with a 50% likelihood. Therefore, the subject site would be valued as follows: 4,600 SF @ $7.50 PSF x .50 = $17,250 ROUNDED TO $17,000 ADDENDA 2 QUALIFICATIONS OF THE APPRAISER JAMES M. MILLSPAUGH, MAI APPRAISAL EXPERIENCE: Appraisal experience in Pinellas County, Florida, since 1968 when associated with Ross A. Alexander, MAI, of Clearwater. Formed James Millspaugh & Associates, June 1980, in Clearwater. The firm concentrates the majority of its appraisal activities in Pinellas County with experience throughout the Tampa/St. Petersburg/ Clearwater MSA. APPRAISAL PLANT DATA: In addition to maintaining its location near the main Pinellas County Courthouse complex for easy access to governmental offices and the official public records maintained in the Clerk’s and Property Appraiser’s offices for in-depth background research, the company subscribes to Stellar MLS statewide data, Pinellas Realtor Organization (PRO) Data, NAR Real Property Research demographic/trend data, the weekly Tampa Bay Business Journal, the daily Tampa Bay Newswire, quarterly RealtyRates.com plus the Marshall Valuation Service Cost Data, and national surveys on lodging, food service, office, industrial parks, mini-storage and shopping center markets. COMMERCIAL APPRAISAL ASSIGNMENTS performed include golf courses, postal facilities, commercial buildings, shopping centers, warehouse/manufacturing buildings, mobile home and R.V. parks, financial institutions, nursing homes, motels, timeshares, restaurants, houses of worship, office buildings, apartment buildings, commercial and residential condominium projects (both proposed and conversions), marinas, theaters, fraternal buildings, school facilities, seaport facilities, railroad corridors, easements, leasehold and leased fee estates, life estates, vacant sites, including environmentally sensitive lands, and condemnation cases involving partial and total takings. Feasibility/market studies have been performed for industrial, office, retail, residential and timeshare markets. APPRAISAL EDUCATION: American Institute of Real Estate Appraisers (AIREA) courses successfully completed: I-A: Basic Principles, Methods and Techniques - 1973 VIII: Single Family Residential Appraisal - 1973 I-B: Capitalization Theory and Techniques - 1974 II: Urban Properties - 1975 IV: Condemnation - 1978 : Standards of Professional Practice - 1992, Parts A & B Society of Real Estate Appraisers (SREA) courses successfully completed: 301: Special Applications of Appraisal Analysis – 1980 JAMES M. MILLSPAUGH, MAI (Qualifications Continued) RECENT SEMINARS ATTENDED: Sponsored by The Appraisal Institute Valuation of Wetlands, 2004. Commercial Highest and Best Use – Case Studies:, 2005. Uniform Standards (Yellow Book) for Federal Land Acquisitions, 2007. Condominiums, Co-Ops and PUDS, 2007. Analyzing Distressed Real Estate, 2007. Appraisal Curriculum Overview, Two-Day General, 2009. Cool Tools: New Technologies for Real Estate Appraisers, 2010. Valuation of Detrimental Conditions, 2010. Analyzing Tenant Credit Risk/Commercial Lease Analysis, 2011. Fundamentals of Separating Real and Personal Property and Intangible Business Assets, 2012. Marketability Studies: Advanced Considerations and Applications, 2013. Lessons From the Old Economy: Working in the New, 2013. Critical Thinking in Appraisals, 2014. Litigation Appraising, 2015. Webinars on the FEMA 50% Rule, Wind Turbine Effects on Value and Contamination and The Valuation Process, 2015. Business Practice and Ethics, 2017. Parking and its Impact on Florida Properties, 2018. Solving Land Valuation Puzzles, 2018. Insurance Appraisals, 2018. Evaluating Commercial Leases, 2019. Artificial Intelligence, AVMs and Blockchain, 2019. Appraising Donated Real Estate Conservation Easements, IRS, 2020. Florida State Law Update, 2022. National USPAP Update, 2022. EDUCATION: Bachelor of Science in Business Administration, University of Florida Associates of Arts, St. Petersburg Junior College PROFESSIONAL AFFILIATIONS AND CERTIFICATION Member: Appraisal Institute with the MAI designation, Certificate #6087, awarded April, 1980. Mr. Millspaugh is a past President of The Gulf Atlantic Florida Chapter of the AI (formerly Florida Chapter No. 2), served as an admissions team leader for the West Coast Florida Chapter, is the past Chairman for the National Ethics Administration Division of the Appraisal Institute and served as the Region X Member of the Appellate Division of the Appraisal Institute. Mr. Millspaugh is a State-Certified General Real Estate Appraiser (RZ58) and has served as a pro-bono expert witness for the Florida Real Estate Appraisal Board. Member:Pinellas Realtors Organization, National Association of Realtors Note: The AIREA and SREA merged into one organization on January 1, 1991, that is now known as the AI - Appraisal Institute. STANDARD DEFINITIONS HIGHEST AND BEST USE: 1. The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. 2. The use of an asset that maximizes its potential and that is possible, legally permissible, and financially feasible. The highest and best use may be for continuation of an assets existing use or for some alternative use. This is determined by the use that a market participant would have in mind for the asset when formulating the price that it would be willing to bid. (IVS) 3. [The] highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform Appraisal Standards for Federal Land Acquisitions) 4. [For fair value determination] The use of a nonfinancial asset by market participants that would maximize the value of the asset or the group of assets and liabilities (for example, a business) within which the asset would be used. (FASB Glossary) The highest and best use of a nonfinancial asset takes into account the use that is physically possible, legally permissible, and financially feasible. (FASB 820-10-35-10B). The highest and best use of a nonfinancial asset establishes the valuation premise used to measure the fair value of the asset, as follows: (a) The highest and best use of a nonfinancial asset might provide maximum value to market participants through its use in combination with other assets as a group (as installed or otherwise configured for use) or in a combination with other assets and liabilities (for example, a business). (b) The highest and best use of the asset might provide maximum value to market participants on a standalone basis. (FASB 820-10-35-10E) FEE SIMPLE ESTATE: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. LEASEHOLD ESTATE: The right held by the lessee to use and occupy real estate for a stated term and under conditions specified in the lease. LEASED FEE INTEREST: The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. REPLACEMENT COST: The estimated cost to construct, at current prices as of a specific date, a substitute for a building or other improvements, using modern materials and current standards, design and layout. REPRODUCTION COST: The estimated cost to construct, at current prices as of the effective date of the appraisal, a duplicate or replica of the building being appraised, using the same or similar materials, construction standards, design, layout and quality of workmanship and embodying all the deficiencies, super-adequacies, and obsolescence of the subject building. ------------------------------------------------------------------- 2. Appraisal Institute, The Dictionary of Real Estate Appraisal - Seventh Edition, 2022. pages 83, 88, 105 and 163. SALE OF PARCELS TO CALVARY SALE OF 2 PARCELS TOTALING 4600 SF TO CALVARY FOR THE SUM OF $2,000 WHY THE APPRAISED VALUE IS MISLEADING ➢THE APPRAISED VALUE DOES NOT ACCOUNT FOR USE OR SURROUNDING USES ➢THIS IS A SIDEWALK WHICH ABUTS A CUL-DE-SAC AND IS SURROUNDED BY CALVARY PROPERTY ➢CALVARY HAS INVESTED SIGNIFICANT TIME AND EXPENSE INTO WORKING W/ THE CITY TO DETERMINE HISTORY OF THE PARCEL WHY THIS WILL NOT SET A PRECEDENT ➢EACH PIECE OF LAND DECLARED AS UNECONOMIC REMAINDER MUST BE EVALUATED ON ITS OWN MERITS ➢THIS IS A 40’ X 115’ SIDEWALK SURROUNDED BY CALVARY’S PROPERTY ➢THERE IS NO ECONOMIC USE FOR THIS PARCEL FOR ANY OWNER EXCEPT CALVARY WHY THIS WILL NOT CREATE ADDITIONAL TRAFFIC ➢THE CITY HAS APPROVED PLANS WHICH DO NOT CONTEMPLATE CONNECTING CALVARY’S CAMPUS TO CLEVELAND STREET ➢ANY DEVIATION FROM THE APPROVED PLANS WILL REQUIRE CALVARY TO GO BACK THROUGH REVIEW PROCESS WITH PLANNING & DEVELOPMENT AND NEED ADDITIONAL CITY COUNCIL APPROVAL ➢DURING EARLY STAGES OF PLANS, THE IDEA WAS CONTEMPLATED BUT CALVARY DECIDED AGAINST THOSE PLANS ➢CALVARY HAS NO PLANS AT THIS TIME TO DISTURB THE CUL-DE-SAC ON CLEVELAND STREET END OF CUL-DE-SAC WHY THIS SALE IS NOT UNFAIR TO TAXPAYERS ➢THESE PARCELS GENERATE NO INCOME FROM PROPERTY TAXES AND HAVE NO SUBSTANTIAL TAXABLE VALUE ➢THESE PARCELS REQUIRE MAINTENANCE AND INCLUDE STORMWATER INFRASTRUCTURE THAT IS COSTLY TO MAINTAIN ➢THE SALE OF THESE PARCELS TO CALVARY SHIFTS THE RESPONSIBILITY FOR MAINTENANCE OF THE PARCELS TO CALVARY Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1298 Agenda Date: 11/2/2023 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Council Agenda Calendar - Councilmember Teixeira SUMMARY: Page 1 City of Clearwater Printed on 10/31/2023