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04/01/2024Monday, April 1, 2024 1:30 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Council Work Session Work Session Agenda April 1, 2024Council Work Session Work Session Agenda 1. Call to Order 2. Presentations Farewell to Councilmembers2.1 Oath of Office for Newly Elected Councilmembers.2.2 Police Oaths2.3 3. Economic Development and Housing Declare surplus for conveyance to Community Service Foundation, Inc. (CSF), certain real property located at 0 Lee St., for the purpose of development of affordable housing; approve the Real Property Transfer Agreement between the City and CSF; and authorize the appropriate officials to execute same together with all other instruments required to affect closing. (APH) 3.1 4. Gas System Approve a Purchase Order to DevTech Sales Inc. of Avon Park, FL, for the purchase of Itron Automated Meter Reading endpoints in an annual not to exceed amount of $381,000.00, with two, one-year renewal options at the City’s discretion per Clearwater Code of Ordinances Section 2.563 (1)(a), Single Source, and authorize the appropriate officials to execute same. 4.1 5. General Services Award a purchase order to Enforcement One of Oldsmar, FL, for City Wide Vehicle Upfitting Services in the annual not-to-exceed amount of $250,000.00 for one year with two, one-year renewal options pursuant to Invitation to Bid (ITB) No. 18-24 and authorize the appropriate officials to execute same. (consent) 5.1 Approve a purchase order to Communications International of Vero Beach, FL for the purchase of new additional or replacement two-way radios used citywide in a not to exceed amount of $150,000.00 through March 31, 2025, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-Competitive Purchases, and authorize the appropriate officials to execute same. (consent) 5.2 Declare list of vehicles and equipment surplus and authorize disposal through auction pursuant to Clearwater Code of Ordinances Sections 2.623(6) and (8) and authorize the appropriate officials to execute the same. (consent) 5.3 Page 2 City of Clearwater Printed on 3/26/2024 April 1, 2024Council Work Session Work Session Agenda 6. Human Resources Approve the contract between the City of Clearwater and Eastbourne Investments Ltd. to renew the lease at the Powell Professional Center at 401 Corbett Street, Clearwater for a cost not to exceed $275,00.00 for the three-year period beginning June 1, 2024 through May 31, 2027, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-Competitive Purchases, and authorize the appropriate officials to execute same. (consent) 6.1 7. Parks and Recreation Approve First Amendment to Lease Agreement between Fields, Inc. d/b/a Barefoot Beach House, and the City of Clearwater to increase the length of the Agreement, from January 1, 2025 through February 28, 2027, and authorize the appropriate officials to execute same. (consent) 7.1 8. Police Department Approve an Event License Agreement between Jones Lang LaSalle Americas, Inc., in its capacity as agent for the owner of the premises known as Countryside Mall, located at 27001 US Highway 19 North, Clearwater, Florida, and the City of Clearwater Police Department for the purpose of hosting a Shred-A-Thon and Operation Medicine Cabinet event on April 27, 2024, located at the Countryside Mall and authorize the appropriate officials to execute same. (consent) 8.1 Authorize purchase order(s) to Galls LLC of Lexington, KY and Signal 15, Inc of Largo, FL for the purchase of uniforms and equipment in the cumulative annual not-to-exceed amount of $285,000.00 for the initial one-year term with three, one-year renewal options, pursuant to RFP 11-24 and authorize the appropriate officials to execute same. (consent) 8.2 9. Public Works Approve the Contract for Sale of Vacant Land from the City of Clearwater to DD Gulf to Bay, LLC., as the winning bidder on a 10-foot-wide strip of land that was previously declared surplus pursuant to City Charter Section 2.01(d)(5) and authorize the appropriate officials to execute all necessary documents. (consent) 9.1 10. Public Utilities Page 3 City of Clearwater Printed on 3/26/2024 April 1, 2024Council Work Session Work Session Agenda Authorize a purchase order to U.S. Submergent Technologies, LLC of Orlando, FL for tank cleaning services in the not-to-exceed amount of $375,000.00 with an expected date of completion on July 31, 2024, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback or Cooperative purchasing, and authorize the appropriate officials to execute same. (consent) 10.1 Authorize a purchase order to AdEdge Water Technologies, LLC of Duluth, GA for Arsenic Removal Media (Bayoxide E33) at Reverse Osmosis Plant 1 (RO1) in the annual not-to-exceed amount of $140,000.00 for the period of March 21, 2024 through March 21, 2025, with two one-year renewal options at the City’s discretion and authorize the appropriate officials to execute same. (consent) 10.2 11. Solid Waste Approve a Guaranteed Maximum Price (GMP) Proposal from Ajax Building Company, LLC. of Oldsmar, FL, for the Solid Waste Recycling Facility Tipping Floor (23-0007-SW) in the amount of $447,721 pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk for Continuing Contracts and authorize the appropriate officials to execute same. (consent) 11.1 12. City Clerk Elect a Councilmember to serve as Vice Mayor.12.1 13. City Attorney Adopt Ordinance 9755-24 on second reading and amend the City’s fiscal year 2023/24 operating budget at first quarter. 13.1 Adopt Ordinance 9756-24 on second reading and amend the City’s fiscal year 2023/24 capital improvement budget at first quarter. 13.2 14. City Manager Verbal Reports Clearwater Representative at Florida Housing Coalition SHIP Meeting14.1 Clearwater Representative on the Tourist Development Council14.2 15. City Attorney Verbal Reports 16. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). Page 4 City of Clearwater Printed on 3/26/2024 April 1, 2024Council Work Session Work Session Agenda 17. Closing Comments by Mayor 18. Adjourn 19. Presentation(s) for Council Meeting March/April Service Awards19.1 Fair Housing Month Proclamation: April 2024 - Angela Emersion & Joe Farrell, Pinellas Realtor Organization members: 19.2 Donate Life Month Proclamation April 2024 - Ms. Wetzel at LifeLink19.3 Page 5 City of Clearwater Printed on 3/26/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0380 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Farewell to Councilmembers SUMMARY: Page 1 City of Clearwater Printed on 3/26/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0381 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.2 SUBJECT/RECOMMENDATION: Oath of Office for Newly Elected Councilmembers. SUMMARY: The City Clerk will administer the Oath of Office to Bruce Rector (Mayor, Seat 1), Ryan Cotton (Councilmember, Seat 2) and Michael Mannino (Councilmember, Seat 3). Page 1 City of Clearwater Printed on 3/26/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0327 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.3 SUBJECT/RECOMMENDATION: Police Oaths SUMMARY: Daniel Braniff Mitchell Flanger Andrew Martin Daniel Tobin Shanna Drake Sidney Sora Page 1 City of Clearwater Printed on 3/26/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0345 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Declare surplus for conveyance to Community Service Foundation, Inc. (CSF), certain real property located at 0 Lee St., for the purpose of development of affordable housing; approve the Real Property Transfer Agreement between the City and CSF; and authorize the appropriate officials to execute same together with all other instruments required to affect closing. (APH) SUMMARY: City-owned property located at 0 Lee St. (subject property) is .103 acres, zoned medium density residential and is currently an unimproved vacant parcel. The city acquired the property at no cost through escheatment in 1999 and it is not needed for city use. According to the Pinellas County Property Appraiser’s website, the just market value is $85,364. A request for letters of interest was published on January 17, 2024. Interested parties were provided with 30 days to respond to the notice. Two responses were received, one from Jump Shot Hauling and Junk Removal and the other from CSF. Of the two responses received, only CSF’s response provided information required to properly evaluate the response. Therefore, staff is recommending the donation of the property to CSF for the deed restricted use of affordable housing. CSF plans to develop an income-restricted 750 sf, 2-bedroom, 1-bathroom home to be rented to a U.S. Military Veteran who is in need of housing. CSF anticipates that vertical construction will commence within three months and anticipates leasing the completed home within six months of the date of acquisition. The building will be constructed with Structall Building System’s steel insulated panels which combines framing, high efficiency insulation and sheathing in order to decrease construction time and increase the energy efficiency of the home. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Objective 2.4 - Supports equitable housing programs that promote household stability and reduces the incidence of homelessness within Clearwater. Page 1 City of Clearwater Printed on 3/26/2024 1 REAL PROPERTY TRANSFER AGREEMENT This REAL PROPERTY TRANSFER AGREEMENT (this ___________, 2024, by and between the City of Clearwater , a Florida municipal corporation whose address is 600 Cleveland Street, Suite 600, Clearwater, FL 33755 and Community Service Foundation, Inc. (CSF ), a Florida not-for-profit corporation whose address is 925 Lakeview Road Clearwater, FL 33756 . RECITALS: WHEREAS, the City is the owner of a parcel of real property, commonly known as 0 Lee Street, Clearwater, FL 33755 which is identified by the Pinellas County Property Appraiser by the property identification number 10-29-15-72000-008-0060 ; and WHEREAS, CSF is a not-for-profit corporation within the State of Florida established for the purpose of providing housing related services including constructing homes for families in need of affordable housing; and WHEREAS, CSF wishes to acquire the Property for the construction of a single-family home for a qualified family, and the City desires to transfer the Property to CSF for an amount that is less than the fair market value as provided for under Section 2.01(d)(5)(i) of the Clearwater City Charter, subject to certain conditions; and WHEREAS, the Parties desire to memorialize their agreement. 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 transfer of the Property for the purpose of constructing a single-family home to be used for affordable housing for a U.S. military veteran I . 3. The Property is legally described as follows: PLAZA PARK ADD, CLEARWATER IMPROVEMENT CO CORR PLAT BLK H, N 45FT OF LOTS 5 AND 6 Parcel Number: 10-29-15-72000-008-0060 4. The Parties agree the value of the Property is Eighty-Five Thousand Three Hundred and Sixty Four Dollars and 00/100 Cents ($85,364) and that per this Agreement, the Property will be donated to CSF for the development of affordable housing. The City agrees to convey and transfer to CSF, all of the Property subject to the terms, conditions and provisions hereof in return for a sale price of zero Dollars and 00/100 Cents ($0.00). The City transfers this Property in an -is, where-is, with all making no warranties as to the condition or the suitability of the Property for any use. 2 5. The Property shall be conveyed by Special Warranty Deed. The Special Warranty Deed shall contain a Reverter Clause providing that in the event CSF has not commenced construction of the Improvements on the Property within six (6) months and completed said construction within twelve (12) months of the execution date of the Deed, CSF shall forthwith, upon the request of the City, reconvey the Property back to the City via Special Warranty Deed at no cost to the City. The City shall be entitled to specific performance among any other remedy available at law or at equity Clause. The City retains the unilateral discretion to extend these timeframes as it determines appropriate and may notify CSF in writing of such an extension. 6. CSF shall have at its own expense, the right to conduct inspections and determine feasibility of accepting the transfer of the Property. For purposes of physical inspection of the Property, the City grants CSF, its agents and professionals engaged by such parties, the right to enter upon the Property. CSF shall not perform any inspections or tests requiring invasive methods without prior written consent of the City and shall hold the City harmless and indemnify the City for any liability resulting from CSF s entry to the Property. 7. CSF will pay all closing costs associated with the transfer of Property, including but not limited to: settlement fees, title insurance, appraisal fees, inspection fees, taxes, and recording fees. 8. CSF shall, at its own expense, purchase title insurance. Any matters set forth in the title commitment, including any defects, or liens and encumbrances, shall be the responsibility of CSF to cure, or accept as exceptions to the title policy. 9. The Property must be used by CSF for the sole purpose of constructing a single-family home to be sold or rented to a household whose total household income does not exceed one hundred twenty percent (120%) of Area Median Income, adjusted for household size, as published by the United States Department of Housing and Urban Development for Pinellas County for an affordability period of 15 years. 10. All pre-development activities must be completed prior to closing, including but not limited to obtaining site plan approval, building permits, and any other regulatory approvals, as applicable. The Parties may agree to extend the closing date to allow for additional time to obtain all permit approvals. Once CSF has obtained all permit approvals and all necessary financing for the Improvements, CSF shall notify the City and closing shall then occur within sixty (60) days of completion of all pre-development activities. If CSF is unable to secure all regulatory approvals and obtain all necessary financing within ninety (90) days of the Effective Date of this Agreement or is unable to close within sixty (60) days of completion of all pre-development activities, the City may terminate this Agreement in its sole discretion. 11. Whenever this Agreement requires or permits any consent, notice, request, or demand from one party to the other 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 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 3 Clearwater, FL 33755 If to CSF: Community Service Foundation, Inc. c/o Edward Thiebe- Executive Director 925 Lakeview Rd Clearwater, FL 33756 12. This Agreement may not be assigned by CSF without the express written consent of the City, which consent shall be 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. This Agreement is effective upon execution of both Parties and shall be governed by the laws of the State of Florida with venue being the appropriate court for Pinellas County, Florida. IN WITNESS WHEREOF, the Parties have duly executed this agreement the day and year first above written. [Signature Page to follow] ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! 405 1003519 600 407 501 10101010411 1007100710081006929408 406917 702 1009510 1008505 1006607922 601 701 10041005410 509 500 410 415 502 517 506 916406 701 408918 501 609 600 606 700 PENNSYLVANIA AVENMARTINLUTHERKING,JR.AVEELDRIDGE ST PLAZA ST PENNSYLVANIA AVEPENNSYLVANIA AVEMAPLE ST LEE ST Document Path: C:\Users\Thomas.Campbell\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Lee Street Surplus and Disposition\Lee St Surplus and Disposition\Lee St Surplus and Disposition.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 Surplus and Disposition of 0 Lee St Parcel Number: 10-29-15-72000-008-0060 ² N.T.S.Scale:TCMap Gen By:PDReviewed By:11/17/2023Date: AERIAL MAP Parcel Size: +/- 0.10 ac. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0320 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve a Purchase Order to DevTech Sales Inc. of Avon Park, FL, for the purchase of Itron Automated Meter Reading endpoints in an annual not to exceed amount of $381,000.00, with two, one-year renewal options at the City’s discretion per Clearwater Code of Ordinances Section 2.563 (1)(a), Single Source, and authorize the appropriate officials to execute same. SUMMARY: Clearwater Gas System (CGS) utilizes Automated Meter Reading (AMR) endpoints for all new and replacement natural gas meter sets. This allows Utility Customer Service to read meters from the truck instead of having to walk to each location and manually read the meter. Customer Service exclusively uses Itron equipment, therefore, Itron ERTs have become our standard for endpoint equipment. DevTech is the sole source provider for Itron AMR endpoints. CGS will complete a market analysis each year prior to renewal to ensure no additional distributors have entered the market for these end points. CGS has approximately 31,000 natural gas customers and installs metering equipment at each customer site for monthly billing. CGS estimates approximately 4,000 residential meter installations per year (1,600 new accounts + 2,400 replacement meters). Residential AMR units are $90.00/meter and commercial units are $173/meter (diaphragm style meter). 4,000 - ERG-5006-001 @ $ 90.00 (Residential)$ 360,000.00 100 - ERG-5006-007 @ $173.00 (Commercial) $ 17,300.00 Shipping (Est.) $ 4,500.00 Total $ 381,000.00 APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in project codes 3237323-96377-563300 (Pinellas New Mains and Service Lines) and 3237323-96378-563300 (Pasco New Mains and Service lines) USE OF RESERVE FUNDS: STRATEGIC PRIORITY: Deliver Effective and Efficient Services by Optimizing City Assets and Resources. Objective 1.5: Embrace a culture of innovation that drives continuous improvement and successfully serves all our customers. Page 1 City of Clearwater Printed on 3/26/2024 2111 North Molter Road tel 509-924-9900 Liberty Lake, WA 99019 fax 509-891-3355 www.itron.com toll-free 800-635-5461 January 09, 2024 Mr. Jade Weppler City of Clearwater Gas Department 400 N. Myrtle Avenue Clearwater, FL 33755 Mr. Weppler, The purpose of this letter is to inform the City of Clearwater Gas Department that Devtech Sales, Inc. is the sole source provider for Itron gas ERTs, Itron mobile reading equipment, and accessories for natural gas AMR/AMI systems. Itron & Devtech would like to thank Clearwater Gas for your business, and if you require additional information or details please contact me. Sincerely, Rusty Agi, PMP Area Manager - Southeast Phone: (678) 817.7375 Fax: (509) 241.6696 Cell: (678) 644.1662 www.itron.com Quote #BM-010924-01D Quotation Date 1/9/24 Devtech Sales, Inc.local 863.453.5959 118 South Lake Avenue 800.366.9041 Terms Net 30 Avon Park, FL 33825-3902 fax 863.453.0492 www.devtechsales.com team@devtechsales.com Prices FOB Origin To:Mr. Jade Weppler Delivery 80+ weeks Clearwater Gas 400 N. Myrtle Ave Phone # Clearwater, FL 33755 jade.weppler@myclearwater.com Mobile # We are pleased to quote the following:Reference # Item Quantity Description Unit Price Total A each Itron PN# ERG-5006-001, 100G gas ert for installation on $90.00 American Meter residential front mount index meters B each Itron PN# ERG-5006-007, 100G gas ert for installation on $173.00 American Meter commercial top mount index meters Freight not included (Bradley Molinaro) / Accepted By:Quoted By: 1) This quote is valid for 30 days unless otherwise specified. 2) All items listed as stock are subject to prior sale. 3) Lead times are an estimate based on information provided by the manufacturer and current delivery trends. 4) Delivery schedules are contingent upon strikes, accidents, fires, acts of God, availability of materials and all other causes beyond the manufacturer's control. 5) Devtech Sales, Inc. is a representative and/or distributor for this product(s) and will never under any circumstances agree to accept customer terms that hold Devtech liable for damages as a result of late shipment(s) from a manufacturer or fabricator. 6) Devtech Sales, Inc. reserves the right to correct any errors that may be contained in this proposal, clerical or otherwise. 7) Pricing is subject to change based on manufacturers pricing schedules at the time of shipment and invoicing. Devtech Sales, Inc. is not responsible for manufacturer price changes. 8) Freight/shipping is not included in price unless otherwise noted. 9) Tariffs may apply and will be passed through upon invoicing. Terms & Conditions Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0328 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: General Services Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Award a purchase order to Enforcement One of Oldsmar, FL, for City Wide Vehicle Upfitting Services in the annual not-to-exceed amount of $250,000.00 for one year with two, one-year renewal options pursuant to Invitation to Bid (ITB) No. 18-24 and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) No. 18-24 was issued January 2024 for Vehicle Upfitting Services. Upfit services consist of fabrication and/or installation of various equipment and accessories in city vehicles. These items include, but are not limited to: lighting, consoles, controllers, brackets, outlets, tool holders, pipe racks, pipe tie-down systems, water cooler holders, and vise grips. Enforcement One was the only bidder to respond to ITB 18-24. Enforcement One is the current vendor for vehicle upfitting, which resulted from a prior invitation to bid. The primary use of this contract is for new vehicle upfits, with the occasional existing fleet vehicles requiring modifications. The contract will be utilized citywide on an as-needed basis by all departments with the exception of Police who have a separate upfitting contract (also with Enforcement One), awarded as a result of ITB 46-22. Each department will be responsible to budget the funds necessary for their upfitting. APPROPRIATION CODE AND AMOUNT: Departments with authorized vehicle purchases have funds budgeted for upfitting services. 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 1 City of Clearwater Printed on 3/26/2024 March 6, 2024 NOTICE OF INTENT TO AWARD General Services and the Procurement Division recommend award of ITB No. 18-24, Citywide Vehicle Upfitting Services, to Enforcement One of Oldsmar, FL, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated annual amount $250,000.00, for the term of one (1) year, with two (2), one (1) year renewal options. This Award recommendation will be considered by the City Council at the April 1, 2024, Work Session (1:30 p.m.) and voted on at the April 4, 2024, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst at Kristina.Cook@myclearwater.com or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Krissie Cook Krissie Cook Procurement Analyst ITB #18-24, VEHCILE UPFITTING SERVICES EXHIBIT A - BID PRICING SUMMARY VENDOR: Enforcement One Inc A. Public Utilities Ford F-350 B. Public Utilities Ford F-450 C. Public Utilities Ford Transit Vans D. Public Utilities Ford Ranger Trucks E. Public Utilities Ford Explorer F. Clearwater Gas System Ford F-150/F-250 Trucks G. Clearwater Gas System Ford F-350/F-450 Trucks H. Clearwater Gas Distribution F-450 Trucks I. Clearwater Gas Propane F-550 Trucks J. Parks & Recreation Ford F-350 Trucks K. Parks & Recreation Ford F-150 Trucks L. Parks & Recreation Big Tex Trailer M. Parks & Recreation Ford F250 Trucks N. Building & Maintenance Ford Transit Vans O. Traffic Engineering Ford Transit Vans P. Traffic Engineering Ford F-350 Trucks Q. Stormwater Ford F150 Trucks R. Stormwater Ford F250 Truck S. Fire Polaris Ranger T. Fire Ford Maverick U. Miscellaneous Install V. Miscellaneous Parts 25.00% 2,930.40$ 15,418.04$ 11,701.18$ 7,049.11$ 15,892.20$ 5,340.63$ 2,574.11$ 12,018.89$ 14,495.10$ 22,940.77$ 12,129.12$ 10,044.56$ 933.92$ 1,664.43$ 75.00$ 25.00% 10,044.56$ 10,833.68$ 22,451.60$ 7,716.63$ 4,266.90$ 4,266.88$ 1) Enforcement One Inc. 381 Roberts Rd Oldsmar, FL 34677 727-816-9833 ADVERTISED: TAMPA BAY TIMES 1/24/2024 POSTED:myclearwater.com 1/24/24-2/27/24 FOR THE CITY OF CLEARWATER Due/Opening: February 27, 2024; 10:00 a.m. INVITATION TO BID No. 18-24 Citywide Vehicle Upfitting 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 #18-24 Citywide Vehicle Upfitting Services January 24, 2024 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, February 27, 2024, to provide Citywide Vehicle Upfitting Services. Brief Description: The City of Clearwater is seeking sealed bids for Citywide Vehicle Upfitting Services consisting of the procurement, installation and/or fabrication of various equipment and accessories in City vehicles. 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: Krissie Cook Procurement Analyst Kristina.cook@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Citywide Vehicle Upfitting Services 2 ITB #18-24 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: February 27, 2024 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 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 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); INSTRUCTIONS Citywide Vehicle Upfitting Services 3 ITB #18-24 certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if 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 INSTRUCTIONS Citywide Vehicle Upfitting Services 4 ITB #18-24 any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. 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. INSTRUCTIONS Citywide Vehicle Upfitting Services 5 ITB #18-24 i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, 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 Citywide Vehicle Upfitting Services 6 ITB #18-24 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: January 24, 2024 Advertise Tampa Bay Times: January 24, 2024 Bids due: February 27, 2024 Review bids: February 27, 2024 – March 15, 2024 Award recommendation: March 15, 2024 Council authorization: April 2024 Contract begins: April 2024 STANDARD TERMS AND CONDITIONS Citywide Vehicle Upfitting Services 7 ITB #18-24 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. STANDARD TERMS AND CONDITIONS Citywide Vehicle Upfitting Services 8 ITB #18-24 Specifically, all Contractor personnel who are working under this Agreement must be notified 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. STANDARD TERMS AND CONDITIONS Citywide Vehicle Upfitting Services 9 ITB #18-24 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 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: STANDARD TERMS AND CONDITIONS Citywide Vehicle Upfitting Services 10 ITB #18-24 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A Contractor who complies with a public records request within 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 STANDARD TERMS AND CONDITIONS Citywide Vehicle Upfitting Services 11 ITB #18-24 calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement 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. STANDARD TERMS AND CONDITIONS Citywide Vehicle Upfitting Services 12 ITB #18-24 S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this Agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. 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 STANDARD TERMS AND CONDITIONS Citywide Vehicle Upfitting Services 13 ITB #18-24 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. 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. STANDARD TERMS AND CONDITIONS Citywide Vehicle Upfitting Services 14 ITB #18-24 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 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 Citywide Vehicle Upfitting Services 15 ITB #18-24 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 118,904 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 successful Vendor shall be responsible for the procurement, installation and/or fabrication of various equipment and accessories on City vehicles. These items include, but are not limited to lighting, consoles, controllers, brackets, outlets, tool holders, pipe racks, pipe tie- down systems, water cooler holders, toolboxes, and vise grips. The Vendor shall be able to perform the required work in a professional, efficient, and consistent manner. 3. GENERAL REQUIREMENTS. • Vendor shall have the proper facilities to provide required services, and such facilities must be secure, preferably fenced including security features, including 24/7 camera monitoring while City vehicles are on premises. • Vendor shall have a full-service shop located in Pinellas County, Florida. • The Vendor shall have the ability to complete vehicles on an as needed basis, within a maximum of three (3) weeks turnaround time or as mutually agreed upon. • The Vendor shall coordinate an initial consult with City representative(s) for the purpose of planning the layout/location of equipment and the organization of wiring, switches, mountings, etc. • The Vendor shall facilitate the review and approval of the vehicles completed, as requested by the City. • Vendor shall be an authorized Whelen distributor and repair center and provide documentation with bid submittal as such. 3.1 Invoicing and Payment • Vendor’s quoted pricing and invoicing must match. All invoices shall contain an invoice number, City’s vehicle number (G#), vehicle description, purchase order/contract number and location of work. Payment may be delayed if information is insufficient. All invoices shall be itemized, to include but not limited to, parts, fabrication, installation and shipping/freight, in adequate detail to allow the City representative to understand all tasks that have been performed. No payment will be made in excess of the actual work completed by the Vendor. DETAILED SPECIFICATIONS Citywide Vehicle Upfitting Services 16 ITB #18-24 3.2 Warranty and Guarantee • Vendor is required to have the ability to procure and install the specified equipment so that applicable warranties are not voided or made ineligible. • The successful vendor warrants the materials, labor, and the work performed under this contract to conform to warranty materials and workmanship provided for a period of one (1) year from date of invoicing. • Standard Whelen products shall be covered by their direct warranty for up to a maximum of two (2) years. Whelen LED Lightheads and Flashers shall be covered by their five (5) year warranty. • It shall be the responsibility of the Vendor to verify all factory warranties. • Vendor shall complete warranty repair work within twenty-four (24) hours of vehicle drop-off. • At a minimum, the successful vendor shall upon receipt of notification of product or installation issues, have the vehicle inspected within forty-eight (48) hours at Vendor’s facility and repaired within forty-eight (48) hours at no additional cost to the City. • All work shall be guaranteed against any defect due to faulty material and/or workmanship. Replacement of defective parts and performance of additional labor shall be done by the Vendor at no additional cost to the City. • Vendor shall submit a warranty statement for all workmanship and equipment with their bid submittal. 3.3 City’s Responsibility • A City representative shall contact the Vendor on an as-needed basis to receive a quote on required products/services. Once a quote has been approved by City representative, work may commence by the Vendor. • A City representative shall make arrangements for vehicle drop-off and pick-up at the Vendor’s facility. 4. MINIMUM QUALIFICATIONS. References. Three (3) references are required for whom the Vendor has performed similar work, preferably for a public agency of similar size, preferably in the Tampa Bay region in the last five (5) years. Equipment Manufacturer Qualifications. The Vendor shall submit with their bid submittal any equipment manufacturer qualifications (i.e. certified installer, distributor, etc.). 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: DETAILED SPECIFICATIONS Citywide Vehicle Upfitting Services 17 ITB #18-24 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. Garage Keeper’s Liability Insurance coverage, including but not limited to, damages such as bodily injury, property damage, and pollution costs and expenses in the minimum amount of $1,000,000 (one million dollars) per occurrence. d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #18-24 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. DETAILED SPECIFICATIONS Citywide Vehicle Upfitting Services 18 ITB #18-24 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. BID SUBMISSIONS Citywide Vehicle Upfitting Services 19 ITB #18-24 1. BEGINNING AND END DATE OF INITIAL TERM. April 2024 through March 2025. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. 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. Two (2), one (1) year renewals 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 and such adjustment will be considered and approval for such will not exceed the percentage change in the US Department of Labor Consumer Price Index (CPI-U) for All Urban Consumers, All Items, Tampa-St. Petersburg-Clearwater, FL. (https://www.bls.gov/cpi/home.htm) The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSIONS Citywide Vehicle Upfitting Services 20 ITB #18-24 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if requested) Bid container properly labeled Bid pricing form Completed Exhibit A – Schedule of Prices Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form Minimum of three customer (3) references Warranty Statement on all workmanship and equipment Verification of authorized Whelen distributor Any equipment manufacturer qualifications (i.e. certified installer, distributor, etc.) W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Citywide Vehicle Upfitting Services 21 ITB #18-24 Pursuant to all the contract specifications enumerated and described in this solicitation, we agree to furnish Vehicle Upfitting Services to the City of Clearwater at the price(s) stated on Exhibit A - Bid Pricing Form. Pricing shall include all parts, labor, fabrication/installation, insurance, and warranty costs, as stated in the solicitation document. Shipping charges shall be billed separately. DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS: • City of Clearwater’s standard payment terms are NET30 • Electronic Funds Transfer (EFT) / Automated Clearing House (ACH Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Citywide Vehicle Upfitting Services 22 ITB #18-24 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 Citywide Vehicle Upfitting Services 23 ITB #18-24 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 Citywide Vehicle Upfitting Services 24 ITB #18-24 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 Citywide Vehicle Upfitting Services 25 ITB #18-24 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 Citywide Vehicle Upfitting Services 26 ITB #18-24 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 Citywide Vehicle Upfitting Services 28 ITB #18-24 Instructions: Vendor shall provide with bid a minimum of three (3) customer references for which the vendor has recently performed similar services in the last five (5) years. Additional pages may be added, if needed. Complete and return with bid submittal. Reference # 1 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 3 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 Citywide Vehicle Upfitting Services 29 ITB #18-24 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #18-24, Citywide Vehicle Upfitting Services Due Date: February 27, 2024, 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 #18-24, Citywide Vehicle Upfitting Services Due Date: February 27, 2024, 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#24-0336 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: General Services Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve a purchase order to Communications International of Vero Beach, FL for the purchase of new additional or replacement two-way radios used citywide in a not to exceed amount of $150,000.00 through March 31, 2025, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-Competitive Purchases, and authorize the appropriate officials to execute same. (consent) SUMMARY: L3Harris are the two-way radios used by Clearwater Police Department, Solid Waste & Recycling, Clearwater Gas System, and other city departments (Standardization). Communications International is the sole authorized service provider for the L3Harris communications equipment. L3Harris radios have been utilized by the city of Clearwater since 2002 when the partnership with L3Harris started. During that time, all City departments have used the radios in varying degrees. Currently, L3Harris is the radio used by Police and other City departments. Utilizing the L3Harris terminals on the L3Harris infrastructure ensures all features and functions are designed to operate seamlessly. Maintaining a single-manufacturer radio fleet also simplifies the operation and maintenance of the radios. Using the same manufacturer softens the change from different technologies due to a familiar look and operation. A single manufacturer also provides a maintenance benefit as spare parts can be carried over to different models ultimately reducing maintenance costs. This purchase order will be used to purchase new mobile or portable radios for new full-time employees and/or for replacement radios. The city is currently at $52,082.30 for replacement radios this fiscal year. In addition, Communications International currently handles all repairs and maintenance of our citywide two-way radio communications system and equipment, which was approved by Council on November 2, 2023. APPROPRIATION CODE AND AMOUNT: 5666620-550400 Operating 3667366-550400-M2010 STRATEGIC PRIORITY: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts. Page 1 City of Clearwater Printed on 3/26/2024 Terms N30 Salesperson Scot Macdonald Phone (813) 887-1888 E-mail smacdonald@ask4ci.com Communications International, Inc. 2150 15th Ave VERO BEACH, FL 32960 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 City of Clearwater Item Description Quantity Price Line Discount Net Price Extended Price XT-MPS1M MOBILE, XL-185M, SINGLE BAND 1.00 3,815.00 28%2,746.80 2,746.80 XT-PL8Y FEATURE, ENCRYPTION LITE 1.00 0.01 0%0.01 0.01 XT-PL4F FEATURE, PHASE 2 TDMA 1.00 275.00 28%198.00 198.00 XT-PKG8F FEATURE, 256-AES, 64-DES ENCRYPTION 1.00 785.00 28%565.20 565.20 XT-PL4L FEATURE, SINGLE BAND, 7/800 1.00 0.01 0%0.01 0.01 XT-PKGPT FEATURE PACKAGE, P25 TRUNKING 1.00 1,800.00 28%1,296.00 1,296.00 XT-MA4A KIT, MOUNTING XL-MOBILE UNIVERSAL 1.00 495.00 28%356.40 356.40 XT-MC6A MICROPHONE, XL, STANDARD MOBILE 1.00 105.00 28%75.60 75.60 XT-AN8D ANTENNA, ELEMENT, 700/800 3DB 1.00 100.00 28%72.00 72.00 XT-AN6U ANTENNA, BASE, STD ROOF MOUNT LOW LOSS 1.00 80.00 28%57.60 57.60 XT-CP6A CONTROL UNIT, XL-CH 1.00 1,850.00 28%1,332.00 1,332.00 XL-185M Pricing Effective 4/1/24 Standart Package List $9,305.02 Discounted $6,368.42 Reflects an increase of $331.20 XS-PPS1M-NA PORTABLE,XL-185P,7/8,PKP,BLK,US,NA 1.00 2,500.00 28%1,800.00 1,800.00 XS-PL8N Feature, In-Band GPS 1.00 330.00 28%237.60 237.60 XS-FW2X OPERATION, LOAD NIFOG PERSONALITY 1.00 0.01 0%0.01 0.01 Quotation Page 1 of 3 Date 03/11/2024 04/10/2024Expiration date Quotation ID QO0030591 Item Description Quantity Price Line Discount Net Price Extended Price XS-PL4F Feature, P25 Phase 2 TDMA 1.00 275.00 28%198.00 198.00 XS-PL8Y Feature, Encryption Lite 1.00 0.01 0%0.01 0.01 XS-PKG8F FEATURE,256-AES,64-DES ENCRYPTION 1.00 785.00 28%565.20 565.20 XS-PKGPT FEATURE PACKAGE,P25 TRUNKING 1.00 1,800.00 28%1,296.00 1,296.00 XS-PL4L FEATURE, SINGLE BAND 7/800 1.00 0.01 0%0.01 0.01 XS-PA4K BATTERY,LI-ION,HI-CAPACITY,4800MAH 1.00 195.00 28%140.40 140.40 XS-NC8F ANTENNA,WHIP,1/4 WAVE,762-870MHZ 1.00 45.00 28%32.40 32.40 XS-AE4B SPEAKER MICROPHONE,EMER BUTTON 1.00 255.00 28%183.60 183.60 XS-HC3L BELT CLIP,METAL 1.00 30.00 28%21.60 21.60 XS-CH6F CHARGER, SINGLE BAY + 1.00 250.00 28%180.00 180.00 XL-185P Pricing Effective 4/1/24 Standart Package List $6,465.03 Discounted $4,654.83 Reflects a $442.80 Increase XK-PF78B PORTABLE,XL-45P,7/800MHZ,GRAY 1.00 2,300.00 28%1,656.00 1,656.00 XK-FW2X OPERATION,LOAD NIFOG PERSONALITY 1.00 0.01 0%0.01 0.01 XK-PL4F FEATURE,P25 PHASE 2 TDMA 1.00 275.00 28%198.00 198.00 XK-PL8Y FEATURE, ENCRYPTION LITE 1.00 0.01 0%0.01 0.01 XK-PL9E FEATURE,SINGLE-KEY AES ENCRYPTION 1.00 0.01 0%0.01 0.01 XK-PL4U FEATURE,SINGLE-KEY DES ENCRYPTION 1.00 0.01 0%0.01 0.01 XK-PA3R BATTERY,LI-ION,3100MAH 1.00 155.00 28%111.60 111.60 XK-NC8F ANTENNA,WHIP,1/4 WAVE,762-870MHZ 1.00 45.00 28%32.40 32.40 XK-HC2G BELT CLIP,STANDARD,XL-45 1.00 20.00 28%14.40 14.40 XK-CH5X CHARGER,1-BAY,TRI-CHEMISTRY 1.00 170.00 28%122.40 122.40 XL-45P Pricing Effective 4/1/24 Standart Package List $2,965.04 Discounted $2,134.84 Quotation Page 2 of 3 Date 03/11/2024 04/10/2024Expiration date Quotation ID QO0030591 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 $13,489.29 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. Reflects an Increase of $122.40 Quotation Page 3 of 3 Date 03/11/2024 04/10/2024Expiration date Quotation ID QO0030591 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 March 6, 2024 Paul Kuhar General Services City of Clearwater 1900 Grand Avenue, Clearwater, FL 33765 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 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0338 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: General Services Agenda Number: 5.3 SUBJECT/RECOMMENDATION: Declare list of vehicles and equipment surplus and authorize disposal through auction pursuant to Clearwater Code of Ordinances Sections 2.623(6) and (8) and authorize the appropriate officials to execute the same. (consent) ..SUMMARY: On August 4, 2022, Council approved the Vehicle Replacement List for fiscal year 2023 and on August 17, 2023 Council approved the Vehicle Replacement List for fiscal year 2024 authorizing purchase of replacement vehicles and equipment. This agenda item is requesting Council to declare surplus the vehicles and equipment detailed to be replaced per the list and authorize disposal via auction through Tampa Machinery Auction of Tampa, FL pursuant to Sections 2.623(6) and (8). Tampa Machinery Auction was competitively solicited by Pinellas County under Contract No. 190-0534-R(JJ) valid through November 17, 2027. These vehicles and equipment have reached the end of their useful and economic life. Factors used to determine the end of useful and economic life include, but are not limited to: age, life to date, mileage/hours of operations, historical maintenance cost as compared to like vehicles, operating cost per mile/hour, anticipated and ongoing repairs, and physical condition. Additionally, Fleet will continue to bring forward agenda items for vehicles and equipment from the 2022/23 and 2023/24 Vehicle Replacement Lists as their replacements are deemed road ready. APPROPRIATION CODE AND AMOUNT: N/A STRATEGIC PRIORITY: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts. Page 1 City of Clearwater Printed on 3/26/2024 ITEM #ASSET #YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS / DISPOSAL REPLACED BY COMMENTS 1 G0301 1994 FORD CROWN VIC 2FALP71W0RX204127 54292 AGE/MILEAGE/CONDITION G4060 2 G1304 1980 CUSHMAN 8984348010 JB521566 1741HR AGE/MILEAGE/CONDITION G4348 3 G2884 25004 STONE MIXER 42004166 XXXX AGE/MILEAGE/CONDITION G5475 4 G3121 2006 IMPERIAL DT7166T TRAILER 1Z9DT16206J213276 XXXX AGE/MILEAGE/CONDITION G5398 5 G3441 2008 IMPERIAL TRAILER 1Z9BU12148E213147 XXXX AGE/MILEAGE/CONDITION G5397 6 G3789 2012 FORD F550 CUES 1FDUF5GT7CEA16583 36399MI AGE/MILEAGE/CONDITION G5486 7 G3855 2012 TORO WORKMAN 312000147 1791HR AGE/MILEAGE/CONDITION G5432 8 G3875 2012 FORD TAURUS 1FAHP2D81DG154519 91306MI AGE/MILEAGE/CONDITION G5299 9 G3920 2013 FORD E150 VAN 1FTNE1EW5DDA43600 92195MI AGE/MILEAGE/CONDITION G5281 10 G3961 2013 F150 1FTEX1CM3DFC28762 102032MI AGE/MILEAGE/CONDITION G5295 11 G4001 2014 TAHOE 1GNLC2E05ER207373 89117MI AGE/MILEAGE/CONDITION G5449 12 G4064 2014 F150 REG CAB 4WD 1FTFW1EF8EKE58411 100071MI AGE/MILEAGE/CONDITION G5421 13 G4173 2015 FORD TAURUS 1FAHP2D8XFG155199 82342MI AGE/MILEAGE/CONDITION G5426 14 G4174 2015 FORD TAURUS 1FAHP2D80FG167782 98894MI AGE/MILEAGE/CONDITION G5427 15 G4251 2016 FORD EXPLORER 1FM5K8AR0GGB96871 97624MI AGE/MILEAGE/CONDITION G5442 16 G4254 2016 FORD EXPLORER 1FM5K8AR2GGB96869 89246MI AGE/MILEAGE/CONDITION G5307 17 G4295 2016 FORD F450 U/B 1FDUF4GYXGEB97562 90338MI AGE/MILEAGE/CONDITION G5336 18 G4317 2016 GMC SAVANNAH 3500 1GTW7AFB2G1232527 52180MI AGE/MILEAGE/CONDITION 19 G4319 2016 FORD F250 EXT 1FT7W2B65GEC44718 116687 AGE/MILEAGE/CONDITION G5261 20 G4648 2018 TORO MULTIPRO 402425546 885HR AGE/MILEAGE/CONDITION G5319 21 XXXX PALLET OF MISC.HONDA GX160 PUMPS XXXX XXXXX AGE/MILEAGE/CONDITION XXXXX PUMP AND STRIPPED PARTS PUMPS MAY AUCTION Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0206 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve the contract between the City of Clearwater and Eastbourne Investments Ltd. to renew the lease at the Powell Professional Center at 401 Corbett Street, Clearwater for a cost not to exceed $275,00.00 for the three-year period beginning June 1, 2024 through May 31, 2027, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-Competitive Purchases, and authorize the appropriate officials to execute same. (consent) SUMMARY: On July 1, 2010, the City entered into a lease agreement with Powell Professional Center for a space to be used by the City as an onsite medical clinic for city employees, retirees, and their dependents covered under the City’s medical insurance. The original lease provided for the rental of suite 240 containing 2,677 rentable square feet. The term of the initial lease was three years, commencing on July 1, 2010, and ending on June 30, 2013, with two subsequent renewals through June 30, 2019. In June of 2019, the Employee Health Center relocated to suite 400. The lease agreement provided for a five-year lease for suite 400 containing 3,719 rentable square feet which commenced on June 1, 2019, and will end on May 31, 2024. The Landlord paid for the costs associated with the buildout and is responsible for major repairs and maintenance. The new lease agreement provides for a rental rate of $6,818.17 per month with an escalation of 3% per year for base rent. In the second and third year, monthly rates may be increased to cover “Increased Costs” associated with taxes, insurance, operating, and maintenance expenses that exceed the base year. Suite 400 is customized to meet the needs of the EHC. Seeking a new space from another vendor is impractical to bid at this time due to the costs associated with a potential build out, moving expenses, and the service disruption to employees. APPROPRIATION CODE AND AMOUNT: Funds are available in the Employee Health Center budget (5909835) to fund the fiscal year portion of this contract. Funding for future years will be included in the proposed budget request. STRATEGIC PRIORITY: Superior Public Service: Promote a Diverse and Talented Workforce Through Competitive Opportunity, Employee Wellness, and Rewarding Career Growth. 5.4 Enhance employee health and productivity through a holistic approach to workplace wellness and benefit resources. The Employee Health Center is an integral part of enhancing employee health and productivity and is a benefit resource to attract and retain employees. Page 1 City of Clearwater Printed on 3/26/2024 EASTBOURNE INVESTMENTS LTD. As Landlord and CITY OF CLEARWATER As Tenant LEASE AGREEMENT _____________________ TABLE OF CONTENTS Page 1. LEASED PREMISES ............................................................................................................. 1 2. TERM ..................................................................................................................................... 1 3. USE ......................................................................................................................................... 1 4. RENT ...................................................................................................................................... 2 5. TENANT'S PROPORTIONATE SHARE OF TAXES, INSURANCE, OPERATING, MAINTENANCE AND OTHER EXPENSES ............................................... 3 6. LANDLORD'S SERVICES .................................................................................................... 4 7. UTILITIES .............................................................................................................................. 4 8. MAINTENANCE AND REPAIRS ........................................................................................ 4 9. ACCESS TO THE LEASED PREMISES .............................................................................. 4 10. QUIET ENJOYMENT........................................................................................................... 5 11. ALTERATIONS .................................................................................................................... 5 12. LIABILITY ............................................................................................................................ 5 13. INSURANCE ......................................................................................................................... 6 14. FIRE OR OTHER CASUALTY ............................................................................................ 7 15. EMINENT DOMAIN ............................................................................................................ 8 16. SUBORDINATION ............................................................................................................... 8 17. ESTOPPEL CERTIFICATE .................................................................................................. 8 18. DEFAULT ............................................................................................................................. 9 19. FAILURE TO INSIST ON STRICT PERFORMANCE .......................................................10 20. SURRENDER OF LEASED PREMISES .............................................................................10 21. HOLDING OVER .................................................................................................................11 22. EXPENSES AND ATTORNEYS' FEES ..............................................................................11 23. OBLIGATIONS OF TENANT..............................................................................................11 24. ASSIGNMENT OR SUBLETTING......................................................................................11 25. BROKER ...............................................................................................................................12 26. RULES AND REGULATIONS ............................................................................................12 27. USE OF PARKING LOT AND OTHER COMMON AREAS .............................................12 28. RELOCATION ......................................................................................................................13 29. SMOKING AND NON-SMOKING AREAS .......................................................................13 30. RADON GAS ........................................................................................................................13 31. MISCELLANEOUS ..............................................................................................................13 32. CONSTRUCTION .................................................................................................................14 33. FORCE MAJEURE ...............................................................................................................14 34. SECURITY DEPOSIT...........................................................................................................14 35. NO RECORDATION OF LEASE.........................................................................................14 36. REPRESENTATIONS AND WARRANTIES OF TENANT ..............................................15 37. CONSENT OF MORTGAGEE .............................................................................................15 38. NON-RECOURSE TO LANDLORD ...................................................................................15 39. DISCLAIMER REGARDING SECURITY ..........................................................................15 40. WAIVER OF JURY TRIAL ..................................................................................................15 41. TERMINATION BY TENANT ……………………………………………………………16 42. PUBLIC RECORDS ……………………………………………………………………….16 43. CAPTIONS AND COUNTERPARTS …………………………………………………….16 EXHIBIT A - PROPERTY EXHIBIT B – OUTLINE OF LEASED PREMISES EXHIBIT C - PREMISES EXHIBIT D - BUILDING RULES AND REGULATIONS EXHIBIT F – PARKING PLAN 1 LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into effective as of the _____________, by and between EASTBOURNE INVESTMENTS LTD., a Delaware corporation, c/o Ciminelli Real Estate Services of Florida, LLC, 4100 W. Kennedy Blvd., Suite 105, Tampa, Florida 33609 (the "Landlord"), and City of Clearwater , having its address at 401 Corbett Street, Suite 400, Clearwater Florida 33756 (the "Tenant"). R E C I T A L S: A. Landlord owns certain real property located at 401 Corbett Street, Clearwater FL 33756 in Pinellas County, Florida ("Property"), more particularly described in Exhibit A attached hereto and made a part hereof, and the building known as Powell Professional Center located on the Property ("Building"). B. Landlord and Tenant are parties to that certain Lease Agreement dated April 23, 2019, whereby Tenant leases from Landlord approximately 3,719 rentable square feet within the Building and commonly known as Suite 400 (the “Prior Lease”). The Term of the Prior Lease expires on May 31, 2024. C. Landlord and Tenant desire to enter into this Lease Agreement as a renewal of the Prior Lease, all as more fully set forth herein. E. The Property is or may be, from time to time, subject to one or more mortgages in favor of one or more mortgagees (individually, "Mortgagee") to secure certain indebtedness of the Landlord. NOW, THEREFORE, in consideration of the foregoing and of the representations and agreements contained in this Lease Agreement, the parties hereby agree as follows: 1. LEASED PREMISES. Landlord hereby leases to Tenant, and Tenant leases from Landlord, Suite 400, containing approximately 3,719 rentable square feet of space on the fourth floor of the Building, located as shown on Exhibit B attached hereto and made a part hereof (the "Leased Premises"), upon the terms and conditions set forth in this Lease Agreement. Tenant accepts the Leased Premises in its “As Is” current condition. Except as expressly set forth in this Lease Agreement and in the Work Letter, Landlord shall have no obligation to make or pay for any improvements in or to the Leased Premises. All warranties, including those with respect to the condition of the Leased Premises or its fitness for use, either expressed or implied, are hereby disclaimed and expressly waived by Tenant. 2. TERM. (a) The initial term ("Initial Term") of this Lease Agreement shall commence on June 1, 2024 (the "Commencement Date"), and shall expire at midnight on May 31, 2027. If the Commencement Date falls on a day other than the first day of a calendar month, the first lease year shall include the partial calendar month during which the Commencement Date occurs and the immediately following twelve (12) calendar month period, and the lease term shall automatically be extended to include such partial calendar month. (b) The "Term" of this Lease Agreement shall mean the Initial Term and any renewal term created pursuant the Tenant's exercise of a renewal option granted to Tenant in this Lease Agreement. Any other renewal or extension of the Initial Term shall be at Landlord's sole discretion and shall be subject to such terms and conditions as Landlord in its sole discretion may require. 3. USE. Tenant shall occupy, use and operate the Leased Premises only for a medical office use, and for no other purpose. Tenant shall not use or allow the Leased Premises or any part thereof to be used or occupied (a) for an unlawful or disreputable purpose, (b) in violation of any certificate of occupancy, temporary or otherwise, or restrictions or regulations affecting the Leased Premises, (c) in any manner which may constitute a nuisance, public or private, unreasonably annoy or inconvenience other tenants of the Building, or make void or voidable any insurance then in force with respect thereto. Tenant shall not operate a telemarketing or similar use in the Leased 2 Premises. Tenant shall conduct its operations in compliance with all applicable federal, state and local laws, ordinances, rules, regulations or orders related to Hazardous Substances (as defined in Section 12 hereof) and shall at all times keep the Leased Premises free and clear of any and all unpermitted or unauthorized Hazardous Substances. Tenant shall be responsible for medical, special and infectious waste and materials (collectively, "Biohazardous Waste") collection, maintenance, storage, removal and disposal in accordance with all applicable laws, regulations and orders. Further, Tenant shall not permit the mixing or disposal of any Hazardous Substances or Biohazardous Waste with the general office refuse. Tenant shall at its own cost and expense promptly observe and comply with all laws, ordinances, requirements, orders, directives, rules and regulations of the federal, state, county, municipal or town governments and of all governmental authorities affecting its occupancy of and conduct of its business at the Leased Premises, whether the same are in force at the commencement of the Term of this Lease Agreement or may be in the future passed, enacted or directed. Tenant shall not erect, install, maintain or display any signs, lettering, awnings, canopies or advertising on the interior or exterior of the Leased Premises or the Building without the prior written consent of Landlord, which consent may be withheld or denied by Landlord in its sole and absolute discretion. In the event such consent of Landlord is obtained, Tenant, at its sole cost and expense, shall provide and maintain all signage, vinyl lettering and the like in good condition and repair at all times during the Lease Term. Upon the termination of this Lease Agreement, Tenant shall remove all signs, lettering, awnings and canopies and repair any and all damage caused by such removal. Tenant shall be responsible for ensuring that all signs, lettering, awnings, canopies or advertising erected or installed by Tenant comply with all applicable laws. 4. RENT. (a) Tenant covenants and agrees to pay to Landlord as base rent during the Initial Term of this Lease Agreement the amounts as set forth below in this Section 4(a). Such base rent shall be payable monthly in advance, without notice, demand, offset or deduction, on the first day of each month of the Term, except the base rent for the first full calendar month of the Term shall be payable on the date of the execution of this Lease Agreement. Such base rent shall be due in the amounts set forth as follows: "Rent" (which term shall include base rent, additional rent as described in this Lease Agreement and any additional amounts or charges due from Tenant hereunder) shall be paid to Landlord in lawful money of the United States of America to Eastbourne Investments Ltd. c/o Ciminelli Real Estate Services of Florida, LLC, 4100 W. Kennedy Blvd., Suite 105, Tampa, FL 33609, or to such other person or at such other place as Landlord may from time to time designate in writing. Tenant's covenant to pay base rent and additional rent under this Lease Agreement is an independent covenant. (b) No payment by Tenant or receipt by Landlord of a lesser amount than that provided herein shall be deemed to be other than on account of the earliest stipulated Rent nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy provided herein. (c) Any installment of Rent not received by Landlord within five (5) days after it is due shall be subject to a late charge equal to five percent (5%) of such installment and shall bear interest from the due date at the rate of three percent (3%) per annum in excess of the Prime Rate as published from time to time in The Wall Street Journal or comparable publication. Effective No. of MG Date Months Rate Monthly Annual 06/01/24 12 $22.00 $6,818.17 $81,818.04 06/01/25 12 $22.66 $7,022.70 $84,272.40 06/01/26 12 $23.34 $7,233.40 $86,800.80 3 (d) In the event that the Term commences after the first day of a month or expires prior to the last day of a month, Rent for such fractional month shall be prorated based on a 30-day month. (e) Except as expressly provided in this Lease Agreement, Tenant shall not make any prepayment of Rent. (f) Tenant represents to Landlord that Tenant is currently exempt from paying all sales and use taxes in the State of Florida. Contemporaneous with the execution of this Lease Agreement, Tenant will provide Landlord with a copy of its current Florida Sales Tax Exemption Certificate. If there is a change in the Tenant’s tax exemption status, Tenant shall immediately notify Landlord and begin paying applicable sales taxes on all Rent paid and payable hereunder from and after the date Tenant lost its exemption. 5. TENANT'S PROPORTIONATE SHARE OF TAXES, INSURANCE, OPERATING, MAINTENANCE AND OTHER EXPENSES. (a) As used in this Section 5, a "Lease Year" shall be each twelve month period from January 1 through December 31 during the term of this Lease Agreement. (b) For each Lease Year during the Term after calendar year 2024 (the "Base Year"), Tenant shall pay to Landlord as additional rent its Proportionate Share (as hereafter defined) of the amount by which the Enumerated Items (as hereafter defined) for such Lease Year exceeds the amount of the Enumerated Items for the Base Year (the "Base Year Enumerated Items"). The amount by which the Enumerated Items for any Lease Year exceeds the Base Year Enumerated Items is hereafter referred to as the "Increased Cost". For purposes of this Lease Agreement, "Enumerated Items" shall mean Landlord’s expenses for (i) all state and local real estate taxes and assessments, and payments in lieu thereof, and all other charges and assessments imposed upon the Property (“Taxes”), (ii) premiums for fire, casualty, liability, rent loss and any other insurance maintained by Landlord (“Insurance”), (iii) the maintenance services provided for in Section 6, (iv) water and sewer service and other utilities for the Property (“Utilities”), (v) janitorial and cleaning services, and removal of trash, from the common areas, and (vi) all other operating, management, maintenance, repair and other expenses incurred by Landlord with respect to the Property. (c) On or about January 1 of each Lease Year after the Base Year (or as soon thereafter as practical), including, at Landlord's election, January 1, 2025, Landlord shall provide Tenant with a comparison of the Base Year Enumerated Items and the projected Enumerated Items for such current Lease Year (the “Estimated Enumerated Items”), and Tenant shall thereafter pay, as additional rent, Tenant’s Proportionate Share of any projected excess of the Estimated Enumerated Items for such Lease Year over the Base Year Enumerated Items. Said amount shall be payable in advance on a monthly basis by way of paying 1/12th of such projected excess during each month of such Lease Year. Until Landlord has furnished Tenant such comparison, Tenant shall continue to pay on the basis of the prior year’s estimate until the month after such comparison is given, at which time Tenant shall adjust its monthly installments of Estimated Enumerated Items to compensate for any deficiency in the amounts of Estimated Enumerated Items previously paid by Tenant for that Lease Year. Landlord shall, within a period of one hundred twenty (120) days (or as soon thereafter as practical) after the close of each Lease Year following the Base Year provide to Tenant an unaudited statement of such Lease Year’s actual Enumerated Items (such actual Enumerated Items and Base Year Enumerated Items both being adjusted to reflect throughout the pertinent Lease Year). If the actual Enumerated Items exceed the Estimated Enumerated Items, Tenant shall pay its Proportionate Share of such excess to Landlord within thirty (30) days of Tenant’s receipt thereof. If such Lease Year’s Estimated Enumerated Items are greater than the actual Enumerated Items, Landlord shall credit to Tenant, within thirty (30) days of the issuance of such statement, Tenant’s Proportionate Share of the difference between (a) the Estimated Enumerated Items, and (b) the greater of the actual Enumerated Items or the Base Year Enumerated Items. (d) For purposes of this Section 5, Tenant's "Proportionate Share" of the Increased Cost of each Enumerated Item or component thereof shall be computed by multiplying (a) the Increased Cost of each Enumerated Item by (b) a fraction, the numerator of which is the number of rentable square feet in the Leased Premises and the denominator of which is the number of rentable square feet of space in the Building (46,399 RSF), or 8.02%. The Increased Cost of 4 each Enumerated Item shall be net and shall be reduced by the amount of any insurance or other reimbursement or recoupment payment, discount or credit actually received by Landlord in connection therewith. With respect to any Lease Year or partial Lease Year in which the Property is not occupied to the extent of 95% of the rentable area thereof, or Landlord is not supplying services to 95% of the rentable area thereof, the Enumerated Items for such period shall be increased to the amount which would have been incurred had the Property been occupied to the extent of 95% of the rentable area thereof and Landlord had been supplying services to 95% of the rentable area thereof. If the Term of this Lease Agreement terminates on a date other than December 31, then Tenant's obligation to pay additional rent (including, without limitation, Tenant's Proportionate Share of Increased Costs) for the partial Lease Year during which this Lease Agreement terminates (1) shall be pro-rated based upon the number of days in said partial Lease Year during which this Lease Agreement was in effect, and (2) shall survive the termination of this Lease Agreement. (f) Notwithstanding the forgoing, increases in Controllable Costs payable by Tenant shall be capped at 5% per year on a cumulative and compounding basis. The term "Controllable Costs" means the Enumerated Item other than Taxes, Insurance and Utilities. (g) Tenant's obligation to pay its Proportionate Share of the Increased Cost of the Enumerated Items during the term hereof shall survive the expiration or termination of this Lease Agreement. 6. LANDLORD'S SERVICES. Landlord shall, during the Term of this Lease Agreement, provide maintenance, repairs and replacements to the foundation, roof and load bearing walls of the Building and the components of the heating, plumbing, water, electrical, sprinkler and air conditioning systems of the Building, all of which are needed in the reasonable judgment of Landlord, unless caused by the misuse or negligence of Tenant, its employees, agents, contractors or invitees. In addition, Landlord shall provide parking lot lighting, striping and maintenance; landscaping; maintenance of fences (if any); lawn care; maintenance of Building exterior and sign (if any); and cleaning and maintenance of common hallways, walks, restrooms and other common areas. Landlord shall not be required to perform any services except as specifically set forth herein. 7. UTILITIES. Landlord shall provide (a) heat and air conditioning Monday through Friday exclusive of holidays from 8 a.m. to 6 p.m. and Saturday from 9 a.m. to 12 p.m., and (b) water customary for office purposes. Tenant shall be responsible for the cost of electrical usage for the Leased Premises, and shall contract for and pay for said usage directly to the appropriate utility company. Landlord shall be responsible for the costs of water and sewer and for normal trash collection from the common areas. Landlord shall not be liable for any failure of a utility company or governmental authority to supply such service or for any loss, damage or injury caused by or related to such failure to supply such service which failure is outside the reasonable control of Landlord. 8. MAINTENANCE AND REPAIRS. Tenant shall, at its sole expense, be responsible for maintaining the Leased Premises in a good, orderly and clean condition. Tenant shall cause the removal of trash (including, without limitation, Biohazardous Waste) from the Premises and shall undertake normal interior cleaning and janitorial services. Tenant shall also repair, at its sole expense to the extent not covered by insurance, and to the satisfaction of Landlord, any damage to the Property, the Leased Premises, the Building or any appurtenances thereto caused by the misuse or negligence of Tenant, its employees, agents, contractors or invitees. Whenever glass is broken due to the misuse or negligence of Tenant, its employees, agents, contractors or invitees, Tenant agrees to replace all broken glass with glass of the same size and quality of that broken at its sole expense to the extent not covered by insurance . Tenant shall not be entitled to any partial or total abatement of Rent for periods during which repairs are required to be made, whether such repairs are the responsibility of Landlord or Tenant. 9. ACCESS TO THE LEASED PREMISES. Tenant agrees that Landlord shall have such rights to enter upon the Leased Premises (during normal business hours and upon giving Tenant reasonable advance notice), including rights of ingress and egress, as shall be necessary to enable it to exercise its powers, rights, duties and obligations as set forth in this Lease Agreement. Landlord shall further have the right to enter into and grant licensees the right to enter into the Leased Premises during Tenant's normal business hours, or in the case of an emergency at any time, upon reasonable notice to Tenant under the circumstances, for any purpose which Landlord 5 may deem necessary, including, without limitation, for making structural repairs to the Building or the Leased Premises or any other repairs for which Landlord is responsible, or for exhibiting the Leased Premises to prospective purchasers, mortgagees or tenants. 10. QUIET ENJOYMENT. Landlord covenants that so long as Tenant is not in default hereunder, it shall and may peaceably and quietly have, hold and enjoy the Leased Premises during the term of this Lease Agreement and any renewal or extension hereof without hindrance from Landlord or any party claiming by, through, or under Landlord, but not otherwise, subject to the provisions hereof, and of any mortgages, easements, restrictions, declarations and agreements to which the Leased Premises are now or shall hereafter be subject. 11. ALTERATIONS. Tenant shall make no alterations, additions or improvements in or to the Leased Premises without Landlord's prior written consent, which consent Landlord shall have the right to withhold in its sole discretion if the proposed alterations, additions or improvements affect the roof, structural elements, or mechanical, plumbing or electrical elements of the Building. In the event that Landlord consents to any alterations, additions or improvements, Landlord shall furnish to Tenant at the time of delivering the consent a listing of all of Landlord's requirements with respect to construction. Any such alterations, additions or improvements shall be made at Tenant's sole expense. Any alterations, additions, improvements or modifications to the Premises made by Tenant, shall be made in a good and workmanlike manner, and in accordance with all applicable laws, regulations, building and fire safety codes, and other governmental requirements, and in subject to the reasonable rules and conditions of Landlord. Tenant has no authority or power to cause or permit any lien or encumbrance, whether created by act of Tenant, operation of law or otherwise, to be attached to or be placed upon the Leased Premises, the Building or the Property, and any and all liens and encumbrances created by Tenant shall be attached only to its interest in the Leased Premises. Any lien or claim of lien filed against the Leased Premises, the Building or the Property for work claimed to have been done for, or for materials claimed to have been furnished to, Tenant shall be discharged by Tenant or, at the discretion of Landlord, be transferred to a bond pursuant to the Florida Construction Lien Law, at Tenant's expense, within ten (10) days after such lien is filed. If Tenant fails to discharge (or, if permitted, bond) any such liens, then Landlord may, at its option, bond or discharge such lien, and the costs incurred by it in such discharge or bonding shall be due from Tenant on demand and shall bear interest at the rate of three percent (3%) per annum in excess of the Prime Rate as published from time to time in The Wall Street Journal or comparable publication. LANDLORD HEREBY NOTIFIES ALL PERSONS AND ENTITIES THAT ANY LIENS CLAIMED BY ANY PARTY AS THE RESULT OF IMPROVING THE LEASED PREMISES OR THE BUILDING PURSUANT TO A CONTRACT WITH, BENEFITING, OR AT THE DIRECTION OF, TENANT, OR WITH ANY PERSON OTHER THAN LANDLORD, SHALL EXTEND TO, AND ONLY TO, THE RIGHT, TITLE AND INTEREST IN AND TO THE LEASED PREMISES OR THE BUILDING, IF ANY, OF THE PERSON CONTRACTING FOR SUCH IMPROVEMENTS. Tenant shall cause the foregoing notice to be included in any contracts entered into by Tenant with respect to the improvement of the Leased Premises. 12. LIABILITY. (a) Landlord hereby agrees to indemnify Tenant for claims brought against Tenant only to the extent that the claims are found to result from the sole negligence of Landlord, including its employees. This indemnification shall not be construed to be an indemnification for the acts or omissions of third parties, independent contractors or third-party agents of Landlord. In addition, this indemnification shall be construed to limit recovery by Tenant against Landlord to only those damages caused by the Landlord’s sole negligence, and specifically not include any attorney’s fees or costs associated therewith. (b) Tenant hereby agrees to indemnify Landlord for claims brought against Landlord only to the extent that the claims are found to result from the sole negligence of Tenant, its governing body, or its employees. This indemnification shall not be construed to be an indemnification for the acts or omissions of third parties, independent contractors or third-party agents of Tenant. This indemnification shall not be construed as a waiver of Tenant’s sovereign immunity and shall be interpreted as limited to only such traditional liabilities for which Tenant could be liable under the common law interpreting the limited waiver of sovereign immunity. Any claims against Tenant must comply with the procedures found in §768.28, Florida 6 Statues. In order to comply with the requirements of §166.241, Florida Statutes, and Article VII, section 10 of the Florida Constitution, the value of this indemnification is limited to the lesser of the amount payable by either party under the substantive provisions of this Lease Agreement, or the limitations of §768.28, Florida Statutes. In addition, this indemnification shall be construed to limit recovery by the indemnified party against Tenant to only those damages caused by Tenant’s sole negligence, and specifically not include any attorney’s fees or costs associated therewith. Furthermore, this provision is not intended to nor shall be interpreted as limiting or in any way affecting any defense Tenant may have under §768.28, Florida Statutes or as consent to be sued by third parties. (c) Landlord and Mortgagee shall not be liable for any damage or injury to the Leased Premises, to any property thereon, or to Tenant, its agents, contractors, employees, invitees or licensees, arising from any use or condition of the Leased Premises including, without limitation, any injury or damage to persons or property resulting from fire, explosion, collapse, falling plaster, steam, gas, electricity, water, rain or leaks from any part of the Leased Premises or from the pipes, sprinklers, appliances or plumbing works or from the road, street or subsurface or from any other place or by dampness or by any other cause whatsoever, or from latent defects in the Building except to the extent caused by Landlord’s negligence. (d) Tenant shall conform with any applicable federal, state or local law, rule, regulation or order related to Hazardous Substances. "Hazardous Substances" shall mean, without limitation, flammables, explosives, radioactive materials, radon, asbestos, urea formaldehyde foam insulation, lead-based paint, polychlorinated biphenyls, oil, petroleum or petroleum based or related substances, hydrocarbons or like substances and their additives or constituents, methane, solid wastes, refuse, garbage, construction debris, rubble, hazardous materials, hazardous wastes, toxic substances or related materials, and Biohazardous Waste and including without limitation, substances now or hereafter defined as "hazardous substances", "hazardous materials", "toxic substances", "hazardous wastes" or "harmful" in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. §§ 6901, et seq.), the Hazardous Materials Transportation Act, as amended (40 U.S.C. §§ 1801, et seq.), the Resource Conservation and Recovery Act, as amended (41 U.S.C. §§ 6901 et seq.), the Clean Air Act (42 U.S.C. §§ 7401, et seq.), the Rivers and Harbors Appropriations Act (33 U.S.C. §§ 401-413), the Clean Water Act (33 U.S.C. §§ 1251, et seq.), and in the regulations promulgated pursuant thereto, and any other applicable federal, state or local law, common law, code, rule, regulation, order, policy or ordinance, presently in effect or hereafter enacted, promulgated or implemented. (e) This Section 12 will survive the expiry or early termination of this Lease Agreement. 13. INSURANCE. (a) Tenant shall, at its expense, at all times during the term of this Lease Agreement maintain in force a policy or policies of (i) comprehensive commercial general liability insurance, including contractual liability and liability for both bodily injury and property damage, against claims for loss of life, bodily injury and property damage occurring in, on or about the Leased Premises or with respect to the operations of Tenant in the Leased Premises, in which the limit of coverage shall be not less than Two Million Dollars ($2,000,000) combined single limit, for bodily injury, death, and property damage liability and (ii) all risks casualty insurance covering property and inventory used or stored at the Leased Premises. Each such policy of insurance shall be written by one or more insurance companies licensed to do business in the State of Florida, shall name Landlord and Landlord’s mortgage lender and agents as additional insured and as the certificate holder thereof, with express waivers of subrogation against Landlord, shall not be cancelable or amendable for any cause without first giving Landlord thirty (30) days' prior written notice, shall be on a per occurrence basis, shall provide that the insurance is primary to and not contributory to any similar insurance carried by Landlord, and shall contain a severability of interest clause. A certificate of said insurance or, at the request of the Landlord, a duplicate original of the policy, shall be delivered to Landlord on or before the Commencement Date, and certificates or, at the request of the Landlord, duplicate originals of the policy with respect to all renewals, extensions or replacements thereof shall thereafter be furnished to Landlord at least ten (10) days prior to the expiration or cancellation of any policies which they replace. 7 Landlord shall, at its sole cost and expense, obtain and maintain in full force and effect for the mutual benefit of Landlord and Tenant, commercial general liability insurance in the minimum amount of $2,000,000.00, per occurrence, against claims for bodily injury, death or property damage arising out of the use and occupancy of the Premises. A certificate of such insurance shall be furnished to Tenant at the commencement of the Lease term. Landlord shall endeavor to provide at each renewal a certificate of such policy to Tenant at least thirty (30) days prior to the expiration of the policy it renews. Each such policy of insurance shall contain an agreement by the insurer that such policy shall not be canceled without thirty (30) days prior written notice to Tenant. Such insurance may be in the form of general coverage, floater policy, self-insurance or so-called blanket policy issued by insurers of recognized responsibility. Tenant and Landlord shall each maintain and keep in force all employees' workers’ compensation insurance as required under the laws of the State of Florida. (b) To effectuate the purposes of Section 12, the Parties will provide for and insure, in the general liability policies required in Section 13(a) hereof, not only its own liability in respect of the matters therein mentioned but also the liability pursuant to Section 12. Anything to the contrary in this Lease Agreement notwithstanding, the covenants of the Tenant and Landlord contained in this Section 13 shall remain in full force and effect after the termination of this Lease Agreement until the later of (i) the expiration of the period stated in the applicable statute of limitations during which a claim or cause of action may be brought and (ii) payment in full or the satisfaction of such claim or cause of action and of all expenses and charges incurred by the Landlord or the Mortgagee relating to the enforcement of the provisions herein specified. (c) Landlord and Tenant (for themselves and their respective insurers) each hereby waive any and all rights to recover against the other, or against the officers, directors, shareholders, partners, joint venturers, employees and agents of such other party, for any loss or damage to such waiving party arising from any cause to the extent such loss or damage is covered by any fire and extended coverage or other similar casualty insurance maintained or required to be maintained by such party under the terms and provisions of this Lease Agreement. Landlord and Tenant will each cause their respective insurers to issue appropriate waivers of subrogation rights endorsements (to the extent that such rights are not waived in the policies themselves) to all fire and extended coverage policies of insurance or other similar insurance maintained or required to be maintained by such party, pursuant to the terms and provisions of this Lease Agreement in connection with the Leased Premises, the Building and the contents of the Leased Premises. 14 FIRE OR OTHER CASUALTY. In the event that the Leased Premises shall be rendered wholly untenantable by fire or other casualty, the Landlord shall be entitled to the proceeds of all applicable insurance maintained by Landlord, and may, at its option, (a) terminate this Lease Agreement by giving Tenant written notice thereof within thirty (30) days from the date of said damage or destruction, or (b) repair or replace the Leased Premises to substantially the same condition as prior to the damage or destruction. The Rent herein required to be paid shall abate during the period of such untenantability unless such damage or destruction was caused by Tenant, its employees, agents, contractors, invitees or licensees. If the Leased Premises shall be damaged in part by fire or other casualty, but still remain partially tenantable, Landlord shall repair the Leased Premises to substantially the same condition as prior to the damage. During the period of such repairs and restorations, this Lease Agreement shall continue in full force and effect, and Tenant shall be required to pay the Rent herein reserved, abated by the percentage of area of the Leased Premises destroyed as compared to the total area of the Leased Premises unless such damage or destruction was caused by Tenant, its employees, agents, contractors, invitees or licensees. In the event that any damage or destruction occurs during the last twelve (12) months of the Initial Term or the Renewal Term, if any, to the extent of fifty percent (50%) or more of the rentable square footage of the Leased Premises, Landlord may elect to terminate this Lease Agreement by giving notice of such election to Tenant within thirty (30) days after such damage or destruction. In such event, Landlord shall receive the proceeds of the Landlord's insurance policies without obligation to rebuild or restore the Leased Premises, and Tenant shall execute any waiver which may be required of it by any insurer or Landlord. 8 15 EMINENT DOMAIN. In the event that all or any portion of the Leased Premises shall be taken by any governmental authority under the exercise of its right of eminent domain or similar right (or by act in lieu thereof), all right, title and interest in and to any award granted (or sums paid in lieu thereof) shall belong entirely to Landlord, and Tenant hereby assigns to Landlord all of its interest, title or claim, if any, in and to such award (or sums paid in lieu thereof), including, but not limited to, any part of such award attributable to Tenant's leasehold interest, if any. In the event of a partial taking, base rent shall be reduced as of the date of such taking by an amount which shall equitably reflect the portion of the Leased Premises taken. If the taking is of such a substantial nature that (a) it includes more than 25% of the square footage of the Leased Premises and (b) Tenant cannot conduct its operations in the Leased Premises, Tenant shall have the option, to be exercised by notice in writing to the Landlord within thirty (30) days after such taking, of terminating this Lease Agreement, or, if such taking be total, this Lease Agreement shall terminate upon the taking. In the event that this Lease Agreement is terminated pursuant to this Section 15, Tenant shall not have any claim against Landlord for the balance of the unexpired term of this Lease Agreement. 16 SUBORDINATION. This Lease Agreement, and all rights of Tenant hereunder, are and shall be subject and subordinate at all times to the lien of any mortgages or any deeds of trust which may now or hereafter affect the Leased Premises the Building or the Property and to all renewals, modifications, consolidations, replacements and extensions thereof and all amendments and supplements to mortgages or deeds of trust. This clause shall be self-operative without the execution of any further instrument of subordination. In the event any proceedings are brought for foreclosure of any mortgage or deed of trust covering the Leased Premises, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by Landlord covering the Leased Premises, Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease Agreement. Tenant further agrees to execute any attornment agreement required to effectuate the provisions hereof, containing such provisions as such purchaser reasonably requires. Notwithstanding the foregoing, any such mortgagee or trustee may at any time subordinate its mortgage or deed of trust to this Lease Agreement, without Tenant’s consent, by notice in writing to Tenant and thereupon this Lease Agreement shall be deemed prior to such mortgage or deed of trust without regard to their respective dates of execution and delivery, and in that event such mortgagee or trustee shall have the same rights with respect to this Lease Agreement as though it had been executed and delivered prior to the execution and delivery of the mortgage or the deed of trust and had been assigned to such mortgagee or trustee. Tenant shall, upon request of any party in interest, execute promptly such instruments or certificates to carry out the intent of the various sections of this Section 16 as shall be requested by Landlord. If within five (5) days after the date of a request by Landlord to execute any such instrument Tenant shall not have executed and delivered the same, Tenant hereby appoints Landlord as its agent and attorney-in-fact with full power and authority to execute and deliver in the name of Tenant any such instruments or certificates, and Landlord may, at its option, cancel this Lease Agreement without incurring any liability on account thereof, and the term hereby granted is expressly limited accordingly. Such appointment of Landlord is irrevocable and coupled with an interest. 17 ESTOPPEL CERTIFICATE. Within five (5) days after request therefor by the Landlord or any mortgagee or trustee under a mortgage or deed of trust covering the Leased Premises, or if, upon any sale, assignment or other transfer of the Leased Premises by Landlord, an estoppel certificate shall be requested from Tenant, Tenant at its expense shall deliver to Landlord in recordable form a statement to any proposed mortgagee or other transferee, or to Landlord certifying any facts that are then true with respect to this Lease Agreement, including without limitation (if such be the case) that this Lease Agreement is in full force and effect, that Tenant is in possession of the Leased Premises, that Tenant has commenced the payment of Rent, that there have been no amendments to or modifications of this Lease Agreement and no prepayment of rental hereunder more than one month in advance, and that there are no defenses or offsets to the Lease Agreement claimed by Tenant. If within five (5) days after the date of a request by Landlord to execute any such certificate Tenant shall not have executed and delivered the same, Tenant hereby appoints Landlord as its agent and attorney-in-fact with full power and authority to execute and deliver in the name of Tenant any such certificates, and Landlord may, at its option, 9 cancel this Lease Agreement without incurring any liability on account thereof, and the term hereby granted is expressly limited accordingly. Such appointment of Landlord is irrevocable and coupled with an interest. 18 DEFAULT. (a) Any one or more of the following events shall constitute an "Event of Default" hereunder: (i) If any representation or warranty made by Tenant herein shall prove to be false, misleading or incorrect in any material respect as of the date made; or (ii) If Tenant fails to pay any installment of base rent or additional rent within five (5) days after such rent is due; or (iii) If Tenant fails to remedy a default by it with respect to any of the other covenants, conditions and agreements contained herein or in any rider, exhibit or other addendum hereto, within fifteen (15) days after written notice thereof to Tenant; or (iv) If Tenant permanently abandons or vacates the Leased Premises or ceases to conduct its business therein (Tenant's non-occupation of the Leased Premises for a period of fifteen (15) days shall be conclusively deemed an abandonment); or (v) If a petition in bankruptcy is filed by Tenant or if proceedings under any bankruptcy or debtor's relief law is filed against Tenant, or if Tenant becomes insolvent or admits in writing its inability to pay its debts as they become due, or if proceedings are taken by or against Tenant seeking the appointment of a receiver or similar relief; or (vi) the sale of Tenant's interest under this Lease Agreement by execution or other legal process; or (vii) the seizure, sequestration or impounding by virtue or under authority of any legal proceeding of any of the personal property or fixtures of Tenant used in or incident to the operation of the Leased Premises; or (viii) Tenant's failure to carry the insurance required of Tenant pursuant to this Lease Agreement, or (ix) any unauthorized assignment or subletting by Tenant. It shall also be deemed an Event of Default if any of the following events occurs with respect to any guarantor of Tenant's obligations under this Lease (a "Guarantor"): (a) such Guarantor defaults under its guaranty agreement executed and delivered to Landlord, (b) the initiation of any bankruptcy, insolvency or other creditors rights proceeding involving the Guarantor, unless involuntary and dismissed within sixty (60) days, and (c) the death or disability of such Guarantor or the dissolution or termination of its legal existence. (b) If an Event of Default shall occur, Landlord, in addition to any and all other remedies available at law or in equity, may exercise any one or all of the following options: (i) terminate Tenant's right to possession of the Leased Premises and reenter and take possession of the Leased Premises and relet or attempt to relet the Leased Premises on behalf of Tenant, at such rent and under such terms and conditions as Landlord may, in the exercise of Landlord's sole discretion, deem best under the circumstances for the purpose of reducing Tenant's liability, whereupon Landlord shall not be deemed to have thereby accepted a surrender of the Leased Premises or the leasehold estate created hereby and Tenant shall remain liable for all base rent, additional rent, and other sums due under this Lease Agreement and for all damages suffered by Landlord because of Tenant's breach of any of the covenants of this Lease Agreement; (ii) terminate this Lease Agreement and reenter upon and take possession of the Leased Premises without notice to Tenant, whereupon the term hereby granted and all right, title and interest of Tenant in the Leased Premises shall terminate, and such termination shall be without prejudice to Landlord's right to collect from Tenant any base rent, additional rent, or other sums hereunder that has accrued prior to such termination, together with all damages suffered by Landlord because of Tenant's breach of any covenant contained in this Lease Agreement; and (iii) declare the entire 10 remaining unpaid Rent for the term of this Lease Agreement then in effect to be immediately due and payable, and, at Landlord's option, take immediate action to recover and collect the same by any available procedure. At any time during any such repossession or reletting by Landlord, Landlord may, by delivering written notice to Tenant, elect to exercise its option under item (ii) of the preceding sentence to accept a surrender of the Leased Premises and the leasehold estate created hereby, terminate and cancel this Lease Agreement, and retake possession and occupancy of the Leased Premises on behalf of Landlord. Tenant hereby waives delivery of any and all statutorily required notices or demands in the event of Tenant's default, any statement or implication to the contrary elsewhere within this Lease Agreement notwithstanding. Mention in this Lease Agreement of any particular remedy shall not preclude Landlord from resorting to any other remedy, in law or in equity. The foregoing remedies and rights of Landlord are cumulative. Tenant expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant's eviction or dispossession for any cause. (c) The damages suffered by Landlord because of Tenant's breach of this Lease Agreement as described in subsection (b) above shall include, (i) such reasonable expenses as Landlord may incur for legal expenses, attorneys' fees, brokerage, and/or putting the Leased Premises in good order, (ii) any deficiency between the rents and other sums hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the Leased Premises for each month of the period which would otherwise have constituted the balance of the term of this Lease Agreement. In computing such damages there shall be added to the said deficiency such reasonable expenses as Landlord may incur in connection with re-letting, such as legal expenses, attorneys' fees, brokerage and for keeping the Leased Premises in good order. Landlord, at Landlord's option, may make such alterations, repairs, decorations and replacements as are reasonably necessary or desirable for the purpose of re-letting the Leased Premises, and the making of such alterations and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Neither the failure or refusal of Landlord to re-let the Leased Premises or any part or parts thereof nor, in the event that the Leased Premises are re-let, the failure of Landlord to collect the rent under such re-letting shall release or affect Tenant's liability for damages, and Landlord shall not in any way be liable for same. Landlord agrees to attempt in good faith to mitigate its damages in the event of a Tenant default hereunder, but Landlord shall not be obligated to attempt to relet the Leased Premises, nor shall Landlord be deemed to have failed to attempt to mitigate such damages if Landlord leases other space in the Building, or in any other building owned by Landlord, prior to attempting to relet the Leased Premises. Any such deficiency shall be paid in monthly installments by Tenant on the rent days specified in this Lease Agreement and any suit brought to collect the amount of the deficiency for any month or months shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month or months by a similar proceeding. Any such action may be an action for the full amounts of all rents then due or to be due to, and all damages then suffered or to be suffered by, Landlord. 19 FAILURE TO INSIST ON STRICT PERFORMANCE. The failure of Landlord to insist, in any one or more instances, upon a strict performance of any covenant, term, provision or agreement of this Lease Agreement shall not be construed as a waiver or relinquishment thereof, but the same shall continue and remain in full force and effect, notwithstanding any law, usage or custom to the contrary. The receipt by Landlord of Rent with knowledge of the breach of any covenant or agreement hereunder shall not be deemed a waiver of the rights of Landlord with respect to such breach, and no waiver by Landlord of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Landlord. 20 SURRENDER OF LEASED PREMISES. (a) Tenant shall, upon the expiration or termination of this Lease Agreement, by lapse of time or otherwise, return the Leased Premises to Landlord (i) free of any Hazardous Substances and Biohazardous Substances in order that the Leased Premises shall conform with all applicable federal, state or local laws, rules, regulations and orders related to Hazardous Substances, and (ii) in as good condition as when received, loss by fire or other unavoidable casualty and reasonable wear and tear excepted. It is understood and agreed that the exception made as to "loss by fire or other unavoidable casualty" does not include damages, fires or casualties caused or contributed to by the negligent act of Tenant, its servants, agents, employees, invitees or licensees, to the extent such loss is not compensated for by insurance. Tenant shall surrender all keys to the Leased Premises and inform Landlord of all combinations on locks, safes and vaults therein. 11 (b) All installations, additions, fixtures and improvements in or upon the Leased Premises, whether placed there by Landlord or Tenant, including, without limitation, paneling, decoration, partitions, railings, millwork, cabinets, carpeting and flooring, shall, at Landlord's option, become the property of Landlord and shall remain upon the Leased Premises at the expiration or termination of this Lease Agreement without compensation, allowance or credit to the Tenant; provided, however, Tenant shall have the option of removing any trade fixtures which it installed in or upon the Leased Premises prior to the termination of this Lease Agreement, but Tenant shall remain responsible for repairing any damage caused to the Leased Premises by such removal. (c) Any furniture, equipment, machinery or movable property owned by Tenant and brought onto the Leased Premises during Tenant's occupancy thereof and not removed at the expiration or termination of the Lease Agreement shall be deemed to have been abandoned by Tenant and shall, without any further act by Tenant, be conclusively deemed to have been conveyed by Tenant to Landlord as by bill of sale without further payment or credit by Landlord to Tenant and may be sold by Landlord or disposed of by Landlord as it sees fit. Any amount realized upon any such a sale shall be the property of Landlord. If Landlord has directed Tenant to remove any or all of such property, Tenant shall remain liable for the cost of its removal and for the cost of restoring the Leased Premises after such removal. The provisions of this Section 20 shall survive the termination or expiration of this Lease Agreement. 21 HOLDING OVER. Should Tenant fail to vacate the Leased Premises at the expiration or termination hereof, such holding over shall operate and be construed to be a tenancy at sufferance at a daily rental rate equal to twice the daily rate of base monthly rental payable for the last month of the term of this Lease Agreement (unless otherwise agreed to in writing by Landlord), plus additional rent as provided herein and subject to the conditions, obligations and provisions of this Lease Agreement. No such holding over or payment or acceptance of rent resulting therefrom shall constitute or be deemed a reconfirmation or renewal of this Lease Agreement. Nothing in this Section 21 shall be construed as a consent by Landlord to the possession of the Leased Premises after the expiration or termination of this Lease Agreement. 22 EXPENSES AND ATTORNEYS' FEES. In any litigation arising from the default in the performance of any of the provisions of this Lease Agreement by either Tenant or Landlord or through or because of Tenant's use or occupancy of the Leased Premises, the prevailing party to any such litigation shall be entitled to receive from the other party reasonable attorneys' fees and costs incurred in connection with such litigation, including, without limitation, attorneys' fees in appellate and bankruptcy court proceedings. In the event that either Landlord or Tenant be made a party to such litigation commenced by a person other than the parties hereto, then such party performing the act or suffering the omission which is alleged to be the subject of the litigation shall pay all costs, expenses and reasonable attorneys' fees incurred by the other party which arise from or in connection with such litigation. 23 OBLIGATIONS OF TENANT. If Tenant fails to perform any of its obligations hereunder, Landlord may (but shall not be obligated to) perform same, and in such event, Tenant shall reimburse Landlord for the cost thereof, and said reimbursement shall be due and payable upon demand by Landlord and shall bear interest at the rate of three percent (3%) per annum in excess of the Prime Rate as published from time to time in The Wall Street Journal or comparable publication. 24 ASSIGNMENT OR SUBLETTING. Tenant shall not transfer, assign, sublet, enter into license or concession agreements, change ownership or hypothecate this Lease Agreement or Tenant’s interest in and to the Leased Premises without first obtaining the written consent of Landlord, such consent not to be unreasonably withheld. Any attempted transfer, assignment, subletting, license or concession agreement, change of ownership or hypothecation without the Landlord’s written consent shall be void and confer no rights upon any third party. The prohibitions of this Section shall be construed to refer to any acts or events referred to whether they occur by operation of law, legal process, receivership, bankruptcy or otherwise. Notwithstanding any transfer, assignment, subletting, license or concession agreement, change of ownership or hypothecation, Tenant shall remain fully liable under this Lease Agreement for the performance of all of the terms, covenants and provisions hereof to be performed by Tenant. 12 The consent by Landlord to any transfer, assignment, subletting, license or concession agreement, change of ownership or hypothecation shall not constitute a waiver of the necessity for such consent to any subsequent attempted transfer, assignment, subletting, license or concession agreement, change of ownership or hypothecation. Any transfer, assignment, subletting, license or concession agreement or hypothecation to which there has been consent shall be by instrument in writing, in form satisfactory to Landlord, and shall be executed by the transferor, assignor, sublessor, licensor, concessionaire, hypothecator or mortgagor, and the transferee, assignee, sublessee, licensee, concessionaire, or mortgagee shall agree in writing for the benefit of Landlord, to assume, to be bound by, and to perform all the terms, covenants and conditions of this Lease Agreement to be done, kept and performed by Tenant. One executed copy of such written instrument shall be delivered to Landlord. Failure to first obtain in writing Landlord’s consent or failure to comply with the provisions of this Section shall operate to prevent any such transfer assignment, subletting, license, concession agreement or hypothecation from becoming effective. A change in the voting control of Tenant or the sale of all or substantially all of the assets of Tenant shall be deemed to be an assignment prohibited by this Lease Agreement, thereby entitling Landlord to any and all remedies as Landlord may have in the event of a default by Tenant under this Lease Agreement. If Tenant is a partnership, a transfer of any interest of a general partner, a withdrawal of any general partner from the partnership, or the dissolution of the partnership shall be deemed to be an assignment of this Lease Agreement. If Tenant is a corporation, unless Tenant is a public corporation whose stock is regularly traded on a national stock exchange or is regularly traded in the over the counter market and quoted on NASDAQ, any dissolution or merger of Tenant or sale or other transfer of a percentage of capital stock of Tenant which results in a change of controlling persons, or the sale or other transfer of substantially all of the assets of Tenant, shall be deemed an assignment of this Lease Agreement. Concurrent with any request for Landlord’s consent Tenant shall pay to Landlord the sum of $1,000 for Landlord’s review and processing of such request, and Landlord shall not be obligated to review such request prior to its receipt of the foregoing fee. In addition to the aforementioned amount, Tenant agrees to reimburse Landlord for its reasonable attorney’s fees and costs incurred by Landlord in conjunction with the processing and documentation of any such requested transfer, assignment, subletting, licensing or concession agreement, change of ownership or hypothecation of this Lease Agreement or Tenant’s interest in and to the Leased Premises. 25 BROKER. Landlord and Tenant acknowledge that the only broker involved in bringing about this Lease Agreement is Ciminelli Real Estate Services of Florida, LLC, representing the Landlord. 26 RULES AND REGULATIONS. Tenant agrees to follow the rules and regulations set forth in Exhibit D attached hereto and made a part hereof and all other rules and regulations from time to time promulgated by Landlord with respect to the Building and the Property. In the event of any conflict between said rules and regulations and the provisions of this Lease Agreement, the provisions of this Lease Agreement shall prevail. 27 USE OF PARKING LOT AND OTHER COMMON AREAS. Tenant shall have the right to use not more than fourteen (14) parking spaces on the Property at any one time (4.0 parking spaces per 1,000 square feet contained in the Leased Premises) for the non-exclusive use of Tenant and its employees, invitees and guests. Unless otherwise designated by Landlord, the parking area in front of the Building shall be solely for use of customers of the tenants of the Building. All employees of Tenant and of other tenants shall only use the parking area designated in yellow on the Parking Plan attached hereto as Exhibit F. Landlord may, at its discretion, restripe and/or relocate any parking areas, and Landlord may, at its discretion, designate certain other portions of the parking areas in which Tenant and Tenant's employees and/or visitors may not park. Tenant shall also have the right to use, in common with others, any hallways providing access to the Leased Premises and restrooms in the Building not located within any portion of the Building leased to another tenant. All entrances of the Building, and the areas of the Building and the Property adjacent thereto, shall be used by Tenant and Tenant's employees, agents, contractors and other visitors for no purpose other than ingress and egress. Tenant shall not allow, and shall use its best efforts to prevent, the use of any of the entrances of the Building, or the areas of the Building 13 or the Property adjacent thereto, by any employees, agents, contractors or other visitors of Tenant for any purpose other than ingress and egress, unless such other use is authorized in advance and in writing by Landlord. 28 [Intentionally Omitted] 29 SMOKING AND NON-SMOKING AREAS. Tenant shall not allow, and shall use its best efforts to prevent, smoking in the Leased Premises or in any other portions of the Building or the Property other than those areas designated by Landlord as smoking areas. 30 RADON GAS. The following notice is given to comply with Section 404.056(8), Florida Statutes: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 31 MISCELLANEOUS. (a) This Lease Agreement shall inure to the benefit of, and shall be binding upon, the Landlord and the Tenant, and their respective successors and assigns. (b) This Lease Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida. (c) Any notice or demand required under this Lease Agreement shall be in writing and shall be deemed to have been delivered when (i) posted at the Leased Premises, with respect to notices addressed to Tenant, (ii) personally delivered to the recipient (either by courier or nationally recognized overnight delivery service) at their respective addresses set forth in the preamble to this Lease Agreement, (iii) three business days after being deposited with the U.S. Postal Service if mailed by registered or certified mail, and addressed to Landlord and Tenant at their respective addresses set forth in the preamble to this Lease Agreement, or (iv) delivered in any other manner expressly provided under applicable law for the delivery of notices between a landlord and tenant. Such addresses may be changed by written notice as provided in this subsection. Notices issued to Tenant by Landlord’s property manager or attorney on behalf of the Landlord shall be deemed duly given as if prepared and executed by the Landlord itself. Landlord shall send a copy of any notice sent to Tenant to: The City of Clearwater Attn: Owen Kohler, Lead Assistant City Attorney owen.kohler@myclearwater.com With Copy to: Tiffany Makras, Human Resources Director tiffany.makras@myclearwater.com (d) This Lease Agreement shall completely and fully supersede all other prior understandings or agreements, both written and oral, between Landlord and Tenant relating to the rental of the Leased Premises. (e) If any clause, provision or section of this Lease Agreement shall be ruled invalid by any court of competent jurisdiction, the invalidity of such clause, provision or section shall not affect any of the remaining provisions thereof. (f) This Lease Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Signed counterparts of this Lease Agreement may be delivered via facsimile, electronic mail (including a pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. Neither party shall raise the Statute of Frauds as a defense to such party's signature 14 delivered by facsimile or electronic media. Without limiting the effectiveness of the foregoing, the parties agree to immediately exchange original executed counterparts of this Lease Agreement. (g) The provision of this Lease Agreement relating to waiver of a jury trial and the right of redemption shall survive the termination or expiration of this Lease Agreement. (h) Time is of the essence of this Lease Agreement and each and every provision hereof. 32 CONSTRUCTION. In this Lease Agreement, unless the context otherwise requires: (a) The terms "hereby", "hereof", "hereto", "herein", "hereunder" and any similar terms shall refer to this Lease Agreement, and the term "hereafter" shall mean after, and the term "heretofore" shall mean before, the date of the execution and delivery of this Lease Agreement. (b) Any headings preceding the texts of the several Sections of this Lease Agreement, and any table of contents appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Lease Agreement, nor shall they affect its meaning, construction or effect. 33 FORCE MAJEURE. This Lease Agreement and the obligation of Tenant to pay rent and additional rent hereunder and to perform all of the other covenants and agreements hereunder on part of Tenant to be performed shall not be affected, impaired or excused because Landlord is unable to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make or is delayed in making any repairs, additions, alterations or decorations or is unable to supply, or is delayed in supplying, any equipment or fixtures if Landlord is prevented or delayed from so doing by reason of a strike or labor trouble, or governmental preemption in connection with a National Emergency or in connection with any rule, order or regulation of any department or subdivision thereof or of any governmental agency, or by reason of the condition of supply and demand which have been or are affected by war or other emergency, or by any Act of God or other condition beyond the control of Landlord. 34 SECURITY DEPOSIT. Tenant deposited with Landlord the sum of $3,569.33 as a security deposit under the Prior Lease. Landlord and Tenant agree that Landlord shall continue to hold such sum as a security deposit in connection with this Lease Agreement (the "Deposit"). Landlord and Tenant agree that Landlord will hold the Deposit as security for the full and faithful performance by Tenant of each and every covenant, term and condition of this Lease Agreement. The Deposit, without interest, shall be returned to Tenant (or, at Landlord's option, to the last assignee of Tenant's interest hereunder) within thirty (30) days after the expiration of the term hereof, provided Tenant has fully performed hereunder. Landlord may withhold such sum after the expiration or other termination of this Lease Agreement until Tenant has paid in full Tenant's share of the Increased Costs for the calendar year in which such expiration or other termination occurs. Such sum is not prepaid Rent and shall not be applied by Tenant to the Rent for the last (or any) months of the term of this Lease Agreement, or to any other amount due under this hereunder. Landlord shall have the right to co-mingle the Deposit with any other accounts of Landlord, and shall not be required to keep a separate account for the Deposit. Landlord shall have the right to apply any part of the Deposit to cure any default of Tenant and if Landlord does so, Tenant shall upon demand deposit with Landlord the amount so applied so that Landlord shall have the full Deposit on hand at all times during the Lease Term. In the event of a sale of the Building or a lease of the Building, subject to this Lease Agreement, Landlord shall transfer the Deposit to the vendee or lessee, and Landlord shall thereupon be released from all liability for the return of the Deposit and Tenant shall look to the new landlord solely for the return of the Deposit and this provision shall apply to every transfer or assignment made of the Deposit to a new landlord. The Deposit shall not be assigned or encumbered by Tenant without the written consent of Landlord, and any such assignment or encumbrance without such consent shall be void. 35 NO RECORDATION OF LEASE. Neither this Lease Agreement nor any notice or memorandum thereof shall be recorded in the public records. 15 36 REPRESENTATIONS AND WARRANTIES OF TENANT. Tenant represents and warrants that the execution, delivery and performance of this Lease Agreement and the consummation of the transactions herein contemplated have been duly authorized by all requisite corporate action on the part of the Tenant and will not violate any provision of law, any order of any court or agency of government, or the articles of incorporation/organization or by- laws/operating agreement or partnership agreement of the Tenant, or any indenture, agreement or other instrument to which the Tenant is a party or by which it or any of its property is bound, or be in conflict with or result in a breach of or constitute (with due notice and/or lapse of time) a default under any such indenture, agreement or other instrument or result in the imposition of any lien, charge or encumbrance of any nature whatsoever. 37 CONSENT OF MORTGAGEE. In the event that the Property is encumbered by a mortgage and such mortgage requires the consent of the Mortgagee to leases of the Property, Landlord's obligations under this Lease Agreement are contingent upon, and shall not become effective unless and until, the Mortgagee has consented to it. Landlord will use its best efforts to obtain the Mortgagee's consent but shall not be liable in the event that the Mortgagee does not consent. The parties agree that they will modify or amend this Lease Agreement if required by the Mortgagee as a condition to its consent, provided that such modification does not substantially alter the financial terms hereof or the rights or obligations of the parties hereunder. Tenant agrees to cooperate with Landlord in obtaining such consent. Whenever the consent of Landlord is required hereunder, the consent of the Mortgagee shall also be required if the mortgage or Lease Agreement so requires. The Mortgagee shall also have such rights of the Landlord (e.g., to access) as may be provided in the mortgage. 38 NON-RECOURSE TO LANDLORD. Notwithstanding anything to the contrary provided in this Lease Agreement, it is specifically understood and agreed, such agreement being a primary consideration for the execution of this Lease Agreement by Landlord, that if Landlord shall fail to perform any covenant, term or condition of this Lease Agreement upon Landlord's part to be performed and, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levy thereon against the right, title, and interest of Landlord in the Property and Building, as the same may then be encumbered, and neither Landlord, nor, if Landlord be an entity, any of the shareholders, directors, officers, partners, managers or members comprising such entity, shall be liable for any deficiency. It is understood that in no event shall Tenant have any right to levy execution against any property of Landlord other than its interest in the Property and Building. In the event of the sale or other transfer of Landlord's right, title and interest in the Building, Landlord shall be released from all liability and obligations hereunder. 39. DISCLAIMER REGARDING SECURITY. Tenant acknowledges that even if Landlord installs and operates security cameras, key card access systems, or other security equipment and/or provides manned security or any other services that could be construed as being intended to enhance security (with no obligation of Landlord to install any such equipment or provide any such services), Landlord shall have no obligation or liability to Tenant, its employees, invitees, agents, contractors or licensees, or to any other person, for any damage, claim, loss or liability related to any claim that Landlord had a duty to provide security or control access, or that the equipment or services provided by Landlord were inadequate, inoperative or otherwise failed to adequately control access or provide adequate security. Any such claim made against Landlord shall be subject to the provisions of Section 12 above. 40. WAIVER OF JURY TRIAL. LANDLORD AND TENANT EACH SHALL AND THEY HEREBY DO WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THEM AGAINST THE OTHER ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE AGREEMENT, THE RELATIONSHIP OF LANDLORD AND TENANT, TENANT’S USE OR OCCUPANCY OF THE LEASED PREMISES, WHETHER DURING OR AFTER THE TERM, OR FOR THE ENFORCEMENT OF ANY REMEDY UNDER ANY STATUTE, EMERGENCY OR OTHERWISE. If Landlord shall commence any proceeding, summary or otherwise, against Tenant, Tenant will not interpose any counterclaim of whatever nature or description in any such proceeding (unless failure to impose such counterclaim would preclude Tenant from asserting in a separate action the claim which is the subject of such counterclaim), and will not seek to consolidate such proceeding with any other action which may have been or will be brought in any other court by Tenant or Landlord. Tenant 16 acknowledges that the provisions of this Section 40 were a material term and inducement to Landlord’s agreement to enter into this Lease Agreement. 41. TERMINATION BY TENANT. If the clinic operated by Tenant within the Leased Premises is permanently closed by Tenant or relocated to a Tenant-owned building or facility and Tenant is not in default of this Lease, then Tenant shall have the right to cancel this Lease at any time after the first full Lease Year by providing Landlord with written notice of Tenant’s election to cancel this Lease (the “Tenant Notice”), whereupon (a) Tenant shall be deemed to have forfeited the Deposit to Landlord, (b) Tenant shall pay to Landlord the unamortized cost of the leasing commission(s) incurred by Landlord in connection with this Lease within 10 days after its receipt of Landlord’s invoice therefor, and (c) this Lease shall terminate and expire on the date that is one hundred twenty (120) days after the date of the Tenant’s Notice provided that Tenant has timely made payment described in item (b) above and has not defaulted under this Lease subsequent to the date of the Tenant Notice. 42. PUBLIC RECORDS. This lease is subject to the Public Records Law of the State of Florida, including Chapter 119, Florida Statutes. Landlord agrees and acknowledges that any books, documents, records, correspondence or other information kept or obtained by Tenant, or furnished by Landlord to Tenant, in connection with this lease or the services contemplated herein, and any related records, are public records subject to inspection and copying by members of the public pursuant to applicable public records law, including Chapter 119, Florida Statutes. Tenant may terminate this Lease on one hundred twenty (120) days’ prior written notice to Landlord if Landlord refuses to allow public access to any documents, papers, letters or other materials in Landlord’s possession that were made or received by either party hereto in conjunction with this Lease and are subject to public disclosure pursuant to Chapter 119, Florida Statutes. 43. CAPTIONS AND COUNTERPARTS. The captions and paragraph headings contained in this Lease are for convenience of reference only and shall not be used in construing or enforcing any of the provisions contained herein. This Lease may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument, binding on the parties hereto, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. The parties agree that an electronic or facsimile transmission of this signed Lease shall constitute an original and binding document. - SIGNATURE PAGE TO FOLLOW - 17 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. LANDLORD: EASTBOURNE INVESTMENTS LTD., By: Francis Egan, President Date: ________________ TENANT: CITY OF CLEARWATER _____________________________ ___________________________ Brian J. Aungst, Sr. Jennifer Poirrier Mayor City Manager Date: ________________________ Date: ______________________ Approved as to form: Attest: ______________________________ ___________________________ Owen Kohler Rosemarie Call Lead Assistant City Attorney City Clerk EXHIBIT A PROPERTY EXHIBIT B OUTLINE OF LEASED PREMISES SUITE 400 – 3,719 RSF (MOL) City of Clearwater Suite 400 3,719 RSF EXHIBIT C PREMISES City of Clearwater Suite 400 / 3,719 RSF EXHIBIT D BUILDING RULES AND REGULATIONS The following Building Rules and Regulations have been adopted by the Landlord for the care, protection and benefit of the Leased Premises and the Building and for the general comfort and welfare of all tenants. 1. The sidewalks, entrances, passages, hallways, elevators and stairways shall not be obstructed by Tenant or used by Tenant for any purpose other than for ingress and egress to and from the Building and Tenant's Leased Premises. 2. Restroom facilities, water fountains, and other water apparatus shall not be used for any purpose other than those for which they were constructed. 3. Landlord reserves the right to designate the time when freight, furniture, goods, merchandise and other articles may be brought into, moved or taken from the Leased Premises or the Building. 4. Tenant shall not put additional locks or latches upon any door without the written consent of Landlord. Any and all locks so added on any door shall remain for the benefit of Landlord, and the keys to such locks shall be delivered to Landlord by and from Tenant. 5. Landlord shall not be liable for injuries, damage, theft, or other loss, to persons or property that may occur upon, or near any parking areas that may be provided by Landlord. Tenant, its agents, employees, and invitees are to use same at their own risk, Landlord to provide no security with respect thereto. The driveways, entrances, and exits upon, into and from such parking areas shall not be obstructed by Tenant, Tenant's employees, agents, guests, or invitees; provided, however, Landlord shall not be responsible or liable for failure of any person to observe this rule. Tenant, its employees, agents, guests and/or invitees shall not park in space(s) that may be reserved for others. 6. Tenant shall not install in the Leased Premises any heavyweight equipment or fixtures or permit any concentration of excessive weight in any portion thereof without first having obtained Landlord's written consent. 7. Landlord reserves the right at all times to exclude newsboys, loiterers, vendors, solicitors, and peddlers from the Building and to require registration or satisfactory identification or credentials from all persons seeking access to any part of the Building outside ordinary business hours. Landlord will exercise its best judgment in the execution of such control but will not be liable for the granting or refusal of such access. 8. Landlord reserves the right at all times to exclude the general public from the Building upon such days and at such hours as in Landlord's sole judgment will be in the best interest of the Building and its tenants. 9. No wires of any kind or type (including but not limited to T.V. and radio antennas) shall be attached to the outside of the Building and no wires shall be run or installed in any part of the Building without Landlord's prior written consent. 10. If the Premises are furnished with carpeting, Tenant shall provide a plexiglass or comparable carpet protection mat for each desk chair customarily used by Tenant. For default or carelessness in these respects, Tenant shall pay Landlord the cost of repairing or replacing said carpet, in whole or in part, as additional rent when, in Landlord's sole judgment, such repair or replacement is necessary. 11. Landlord shall furnish a reasonable number of door keys to Tenant's Premises and/or the Building which shall be surrendered on termination or expiration of the Lease. Landlord reserves the right to require a deposit for such keys to insure their return at the termination or expiration of the Lease. Tenant shall get keys only from Landlord and shall not obtain duplicate keys from any outside source. Further, Tenant shall not alter the locks or effect any substitution of such locks as are presently being used in Tenant's Premises or the Building. 12. Tenant shall keep all doors to Premises closed at all times except for ingress and egress to the Premises. 13. All installations in the Common Telephone/Electrical Equipment Rooms shall be limited to terminal boards and connections. All other electrical equipment must be installed within the Leased Premises. 14. It is expressly understood and agreed that any item of any nature whatsoever placed in Common Areas (i.e., hallways, restrooms, elevators, parking areas, storage areas and equipment rooms, etc.) are placed at the Tenant's sole risk and Landlord assumes no responsibility whatsoever for any loss or damage as regards same. 15. No Smoking Policy - Florida law prohibits smoking in enclosed indoor workspaces pursuant to the “Florida Clean Indoor Air Act,” Fla. Stat. §§ 386.201, et seq. (the “Act”). The tenant suites in the Building are enclosed indoor workspaces within the meaning of the Act. In accordance with the Act, it is Building policy that tenants and all occupants, including all employees, visitors, and guests, of any suite in the Building may not smoke in the suites or in the Building common areas. Smoking includes cigarettes, cigars, pipes, and any other lighted tobacco product. This no smoking policy is extended to, and also includes, electronic cigarettes or e-cigarettes or any other device using nicotine that emits any smoke or vapor. It is Building policy that smoking of any electronic cigarette or e-cigarette or such device is prohibited in any place in the Building where smoking is prohibited by law. Therefore, no smoking of any cigarette, cigar, pipe, lighted tobacco product, electronic cigarette, e-cigarette or device that emits any smoke or vapor is permitted in any suite or common area of the Building. Smoking is permitted only in those designated smoking areas outside the Building. If any person witnesses or becomes aware of any violation of this no smoking policy or of the Act in the Building, he or she should report the violation to Building management, Ciminelli Real Estate Services of Florida, LLC, 813-908-1727. 16. If Tenant utilizes more than its allotted number of parking spaces as established in its lease agreement, it may result in the Landlord directing Tenant to seek immediate alternative parking arrangements for its excessive parking needs in order to provide adequate parking for all tenants and visitors within the Property. Except for any particular spaces designated from time to time by Landlord for reserved parking, all parking shall be on an unreserved, first-come, first- served basis. Landlord shall have the right to tow, otherwise remove or boot improperly parked vehicles, vehicles blocking ingress or egress lanes, or vehicles violating parking rules, at the expense of the offending tenant and/or owner of the vehicle without liability to Landlord. Tenant agrees to indemnify, defend and save Landlord harmless from and against any claims, liability, damage, loss and costs, including reasonable attorneys' fees, incurred by Landlord as a result of any such towing or booting vehicles owned or driven by Tenant's employees, agents, contractors and invitees. Landlord shall be entitled to a fee of $50.00 for each day the boot remains in place. Tenant's right to use, and its right to permit its principals, employees, agents, contractors and invitees to use, the parking areas are subject to the following conditions: (a) Landlord has made no representations or warranties with respect to the parking areas, the number of spaces located therein, or access thereto; (b) Landlord reserves the right to modify the number of spaces in the parking areas so long as the number of spaces remaining is in compliance with all applicable governmental requirements, and reserves the right to change the access to the parking areas, provided that some manner of reasonable access to the parking areas remains after such change; and either of the foregoing shall not entitle Tenant to any claim against Landlord or to any abatement of rent; (c) Landlord has no obligation to provide security or a parking lot attendant and Landlord shall have no liability on account of any loss or damage to any vehicle or the contents thereof, or any personal injury, property damage, or other tort liability suffered by Tenant, its principals, employees, agents, contractors or invitees, Tenant agreeing to bear the risk of loss for same; and (d) if and when so requested by Landlord, Tenant shall furnish Landlord with the license numbers and descriptions of any vehicles of Tenant, its principals, employees, agents, and contractors. 28 EXHIBIT F PARKING PLAN The Tenant has been provided the reserved garage parking spaces identified as #8 and #20 for the term of the Lease. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1621 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve First Amendment to Lease Agreement between Fields, Inc. d/b/a Barefoot Beach House, and the City of Clearwater to increase the length of the Agreement, from January 1, 2025 through February 28, 2027, and authorize the appropriate officials to execute same. (consent) SUMMARY: Fields, Inc. is the current operator of the Barefoot Beach House. During this time Fields Inc. has provided exceptional food concession services and cabana rentals to residents and visitors of Clearwater Beach. In addition, they have provided capital improvement funds to improve and repair city facilities on the beach and have contributed to the support of the Clearwater Beach Lifeguards. Fields, Inc. has been the successful vendor for the past two Request for Proposals (RFP’s) for the Barefoot Beach House. In November 2014, City Council approved an agreement with Fields, Inc. pursuant to RFP 35-14. That agreement provided for a five-year initial term, from January 1, 2015 through December 31, 2019, and a five-year renewal. In December 2019, the City and Fields, Inc. approved the renewal term, from January 1, 2020 to December 31, 2024. Staff is recommending an extension of the current agreement, from January 1, 2025 to February 28, 2027, rather than issuing a RFP. This extension will coincide with the expiration of the lease for the Pier 60 Concession Complex. At that time the City will issue a new RFP to seek a vendor to operate both properties, Barefoot Beach House and Pier 60 Concession Complex, under one agreement. For this extension Fields Inc. has agreed to contribute two lump sums of (i) $50,000 payable before January 1, 2025, and (ii) $50,000 payable before January 1, 2026. These lump sum payments will be used by the City for capital improvements of the leased premises. This amendment also provides for an increase in base rent from $100,008 per year ($8,334 per month) to $120,000 ($10,000 per month). Fields, Inc. has played a role in the success of the Beach by providing vital concession services over the past two decades and it is anticipated that they will continue to be an important partner in the future. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Expanding the lease with this first amendment to the lease agreement as noted, above, the City supports several Strategic Plan Objectives including: ·2.2: Cultivate a business climate that welcomes entrepreneurship, inspires local investment, supports Eco-friendly enterprises, and encourages high-quality job growth; and ·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and Page 1 City of Clearwater Printed on 3/26/2024 File Number: ID#23-1621 national sporting events. Page 2 City of Clearwater Printed on 3/26/2024 1 FIRST AMENDMENT TO LEASE AND USE AGREEMENT BETWEEN CITY OF CLEARWATER AND FIELDS, INC. D/B/A BAREFOOT BEACH HOUSE This First Amendment to the Lease and Use Agreement (“First Amendment”) is made as of this _____ day of March 2024 by and between the City of Clearwater, Florida, a municipal corporaƟon (“Lessor”) and Fields, Inc. a Florida corporaƟon d/b/a/ BareFoot Beach House (“Lessee”). WHEREAS, the Lessor and Lessee entered into that certain Lease and Use Agreement dated December 2, 2014 for the Lessee to operate and maintain a Food Concession Complex on the Property described therein, and commonly known as the Barefoot Beach House (“Agreement”); and WHEREAS, the Lessee has successfully met all parameters of the Agreement providing excepƟonal service for visitors and guests of Clearwater Beach; and WHEREAS, the City Manager extended the term of the Agreement an addiƟonal five years through December 31, 2024 pursuant to SecƟon 1 of the Agreement; and WHEREAS, the Lessee has provided necessary maintenance to public restrooms on Clearwater Beach as part of the Agreement; and WHEREAS, the Lessee and Lessor desire to extend the term of the Agreement and to include addiƟonal capital funding for the repair of concession faciliƟes and public restrooms on Clearwater Beach and to provide for addiƟonal rental income; and WHEREAS, the Lessee and Lessor have a separate lease and use agreement for the operaƟon and management of the Pier 60 Concession Complex which will end on February 28, 2027; WHEREAS, the City desires to have both agreements (BareFoot Beach House and Pier 60 Concession Complex) terminate on the same date; and WHEREAS, the ParƟes desire to amend the Agreement to reflect the terms as provided for in this First Amendment. NOW THEREFORE, in consideraƟon of the mutual covenants contained herein, the ParƟes agree as follows: 1) Recitals. The foregoing recitals are true and correct and are hereby incorporated in and form a part of this First Amendment. 2) SecƟon 1 – Lease Term shall be amended as follows: 2 1. Lease Term. The term of this Agreement is for a term of five (5) years, beginning on the 1st day of January, 2015 and ending on the 31st day of December, 2019. As referred to in this Agreement, an "Agreement Year" is that year that commences on the first day of January of each year and terminates on the thirty-first day of December of each year during the term of this Agreement. Reference to the City Manager throughout this Agreement refers to Lessor's City Manager or his designated agent. The City Manager, in its sole discreƟon, may extend this Agreement for one (1) addiƟonal five (5) year period (“First Renewal”), on the same terms and condiƟons as are set forth herein without obtaining addiƟonal approval by the Clearwater City Council. The term of the Agreement shall extend for an addiƟonal two (2) year two (2) month period, from January 1, 2025 through February 28, 2027 (“Second Renewal”). 3) SecƟon 5 shall be amended as follows: 5. Rent. The Lessee hereby covenants and agrees to pay rent for the Food Concession Complex as follows: (a) Base Rent in equal monthly payments, which will be due and payable on the first day of each month, an amount in accordance with the following schedule: Years of Agreement Total Minimum Rental Monthly Payments 1 - 10 5 $100,008 annually $8,334 per month 11 – 12 $120,000 annually $10,000 per month 13 (January and February only) $10,000 per month (b) Plus, as addiƟonal rent, Lessee shall pay annually at the end of each agreement year, the percentage specified on the amount between the figures listed below: 20% - Between $750,000 and $1 million in gross sales 22.5% - Between $1 million and $1.5 million in gross sales 25% - Between $1.5 million or more in gross sales 3 Lessee shall pay all amounts due as stated above within thirty (30) days of the end of each agreement year. Lessee further agrees to provide Lessor within fiŌeen (15) days of the end of each monthly period during the term of this Agreement the statement showing the amount of gross sales during the preceding month, as well as a signed copy of the front and back of the Florida Department of Revenue Sales and Use Tax Return. The statement used by the Lessee to report such sales will be in such form as to be saƟsfactory to the City Manager, and must be cerƟfied as correct by the Lessee's Chief Financial Officer, or his designee, showing the amount of gross sales at and/or from the Demised Premises during the monthly periods reported by the statement in the amount of year-to-date gross sales for the calendar year. The term "Gross Sales" as used in this paragraph 5(b) means the enƟre amount of actual sales prices, whether for cash or otherwise, of all sales of food, services, beverages, clothing, or other receipts whatsoever of all business conducted in, on or from the premises, including mail or telephone orders received or filled at the premises except for any beach rental transacƟon as defined below. No deducƟon shall be allowed for uncollected or uncollecƟble credit accounts. Such term shall not include, however, any sums collected and paid out for any sales or excess tax imposed by any duly consƟtuted governmental authority wherein Lessee is regarded as the collecƟng agent. It expressly does not include any income generated from the beach rentals, regardless of whether the BR transacƟon occurred at the Food Concession Complex. (c) Lessee shall pay Lessor two lump sum payments of (i) $50,000.00 payable no later than January 1, 2025 and (ii) $50,000.00 payable no later than January 1, 2026. These lump sum payments shall be used by Lessor for capital improvements of the Leased Premises. 4) 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. 5) RaƟficaƟon; Full Force and Effect. Except as expressly modified and amended herein, the terms of the Agreement are hereby raƟfied and affirmed and shall remain in full force and effect. 6) Severability. If any provision of this Amendment shall, for any reason and to any extent, be invalid or unenforceable, the reminder of this Amendment and the applicaƟon of such provision shall not be affected thereby, but rather shall be enforced to the maximum extent possible. 4 7) Headings. The capƟons and headings used throughout this Amendment are for convenience of reference only and shall not affect the interpretaƟon of this Amendment. 8) 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 consƟtute one and the same instrument. In addiƟon, the parƟes may execute this Amendment by PDF of facsimile signature which shall be deemed for all purposes original signatures. 9) Binding Effect. This Amendment shall inure to the benefit of and shall be binding upon each of the parƟes hereto and their respecƟve successors and assigns. 10) EnƟre Agreement. CollecƟvely, the Agreement and this Amendment are the total agreement of the parƟes and replaced any prior negoƟaƟons, understandings or agreements among the parƟes, whether wriƩen or oral, pertaining to the subject maƩer hereto. Each of the parƟes acknowledges representaƟon by counsel throughout all of the negoƟaƟons which preceded execuƟon of this Amendment, and this Amendment has been fully executed freely and voluntarily with the consent of and upon the advice of counsel. Each of the parƟes acknowledges that it has not relied on any promise, covenant, representaƟon, or warranty, express or implied, not expressly set forth in this Amendment. FIELDS, INC. WITNESS: By: _______________________________ Steven F. Chandler, President _________________________________ Signature _________________________________ Print Name _________________________________ Address _________________________________ City, State, Zip Code _________________________________ By: ________________________________ Signature Lisa M. Chandler _________________________________ Print Name _________________________________ Address 5 _________________________________ City, State, Zip Code CITY OF CLEARWATER, FLORIDA ___________________________ _________________________ Jennifer Poirrier Brian J. Aungst, Sr. City Manager Mayor Approved as to form: AƩest: ___________________________ _________________________ Owen Kohler Rosemarie Call Lead Assistant City AƩorney City Clerk LEASE AND USE AGREEMENT This Lease and Use Agreement ( "Agreement ") is made and entered into this day of be.aksnk , 2014, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, whose address is Post Office Box 4748, Clearwater, FL 33758 -4748, hereinafter referred to as "Lessor" and Fields, Inc., a corporation of the State of Florida, d/b /a BareFoot Beach House, whose address is 332 S. Gulfview Blvd., Clearwater, FL 33767, hereinafter referred to as "Lessee ". WITNESSETH: That in consideration of the covenants herein contained, the granting of this Agreement, and the sums paid and to be paid hereunder, the Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor, according to the terms, conditions and covenants herein contained, the following described premises located in the City of Clearwater, Pinellas County, Florida, to wit: Food and beach accessory concession and restroom complex located on the West 140 feet of the East 215 feet of the South 1/2 of Lot 17, Lot 18 and Lot 19, Lloyd, White and Skinner Subdivision, in Section 7, Township 29 South, Range 15 East, as recorded in Plat Book 13, pages 12 and 13, of the Public Records of Pinellas County, Florida. (Exhibit "A" — "Leased Premises" or "Demised Premises" or "Food Concession Complex "). THE PARTIES HERETO HEREBY FURTHER COVENANT AND AGREE AS FOLLOWS: 1. Lease Term. The term of this Agreement is for a term of five (5) years, beginning on the 1st day of January, 2015 and ending on the 31st day of December, 2019. As referred to in this Agreement, an "Agreement Year" is that year that commences on the first day of January of each year and terminates on the thirty-first day of December of each year during the term of this Agreement. Reference to the City Manager throughout this Agreement refers to Lessor's City Manager or his designated agent. The City Manager, in its sole discretion, may extend this Agreement for one (1) additional five (5) year period, on the same terms and conditions as are set forth herein without obtaining additional approval by the Clearwater City Council. 2. Use of Premises. The Food Concession Complex is leased to Lessee solely for the following uses and no other use can be made of the premises during the term without the written consent of the Lessor: a. The Lessee shall have the exclusive right to sell the following merchandise at the Food Concession Complex defined below and as permitted by applicable City Ordinances and State Law: GM 14- 1801- 112/146894/1 ] 1 i. Hot dogs, hamburgers, and other like hot food such as French fries, as may be prepared using the grill and fryer; ii. Ice cream; iii. Cold sandwiches, both prepared and pre - packaged, cookies, popcorn, chips and other such packaged food items; iv. Any cold or hot non - alcoholic beverage; v. Sundry items and other personal beach recreational and clothing items. While not required, the Lessor encourages the Lessee to offer healthy food items such as fruits, salads and wraps; and vi. Gifts and seasonal merchandise. b. The Lessee shall also have exclusive license to rent beach chairs, lounges, cabanas, umbrellas, floats, side tables, and any other beach equipment approved by the City Manager, subject to certain standards and restrictions as further described herein, from the Food Concession Complex and the beach area described herein. The equipment may be used on City -owned property. South of the westward extension of First Street and North of the filled area used for parking, more particularly described as: Lots 5 through 32 including the area of beach between the platted lots to the high tide mark, inclusive, of Lloyd, White and Skinner Subdivision (the platted Tots are shown herein Exhibit "B" — the "Beach Equipment Rental Area "), less any of the above - described property used now or in the future by the Lessor for other purposes, and subject to certain concession rights held by the Hyatt Regency Clearwater Beach Resort & Spa ( "Hyatt") to provide concessions within a facility open to the public which provides towels, lockers, minimal beach sundries, and other beach gear, but not including benches, beach chairs, lounges, umbrellas and side tables. Said Hyatt facility is 1200 square feet, MOL, located directly west of the Hyatt Regency Clearwater Beach Resort & Spa. c. Lessee under this Lease shall act as concessionaire to provide beach chairs, lounges, umbrellas, side tables and the level of services associated with the Development Agreement, as amended, between the City of Clearwater and Beachwalk Resort LLC dated 12/10/04 and recorded in the public records of Pinellas County in O.R. Book 13996, Page 2409 ( "Hyatt Development Agreement "), said services being required to meet certain standards which shall be set forth in this Lease as Exhibit "C ". Failure by the concessionaire to meet the service standards set forth in Exhibit "C ", may result in the preemption by the Hyatt of providing such services (as more particularly provided for below) - only on that portion of beach directly west of the Hyatt property as defined by two parallel lines running from the northern -most boundary of the Hyatt property and the southern -most boundary of the Hyatt property west to the mean high water mark of the Gulf of Mexico as more particularly shown on Exhibit D, attached hereto and made part hereof ( "Hyatt Concession Area "). GM 14- 1801- 112/158467/11 2 Lessee shall own, maintain and store all rental equipment used on Beach Equipment Rental Area at Lessee's expense and shall be subject to the following covenants and conditions: i. If Lessee fails to comply with the standards in Exhibit C, the Hyatt may send written notice to the Lessor specifying non - compliance, Lessor shall immediately notify Lessee. Lessee shall have thirty 30) days from the receipt of written notice by the Lessor to Lessee to cure said non - compliance. ii. In the event that the non - compliance is not cured within thirty (30) days of receipt of written notice, the Lessee agrees that the Hyatt may thereafter provide beach rental services including the rental of beach chairs, lounges, umbrellas, side tables and the level of services associated therewith, and shall retain all income derived from the limited area described in Exhibit "D" as the Hyatt Concession Area. This partial right of termination is in addition to the rights of termination otherwise set forth in this Agreement, but shall not constitute an Event of Default as defined below. d. Solicitation: Amusement/Sound Devices. The Lessee is specifically prohibited from hawking or other verbal solicitation of any type either at the Food Concession Complex or the Beach Equipment Rental Area. No coin - operated amusement devices or machines or any jukeboxes will be allowed. No inside or outside loud speakers will be permitted. e. Restroom Maintenance. The Lessee is responsible for the cleanliness and daily maintenance of the public restrooms, at Lessee's expense, including the provision of all toiletries /supplies for public restrooms at 332 S. Gulfview Blvd and 410 S. Gulfview Blvd. Lessee shall provide bathroom attendants at the Food Concession Complex bathrooms during peak times of the year and provide for a daily maintenance log on when cleanliness and supplies were checked. The use of equipment or vehicles necessary to maintain said restrooms, will be permitted in accordance with the City's policies, as may be amended from time to time. The conditions under which the vehicles are operated must be authorized in writing by the City Manager. f. Business Expenses. The Lessee is responsible to provide all equipment and supplies needed to operate the Food Concession Complex at Lessee's expense. g. Operations; Hours. The hours of operation for the Food Concession Complex, Beach Equipment Rental Area and restrooms at the Leased Premises shall be no earlier than 6:00 a.m., with a minimum requirement that the Food Concession Complex shall be open at least seventy (70) hours per week. The beach rental equipment shall be removed from the Beach Rental Area and stored out of public view no later than one hour after sunset. The use of equipment or vehicles on the beach will be permitted in accordance with the City's policies, as may be amended from time to GM 14 -1801- 112/146894/1 ] 3 time by the City Manager, for distribution and pickup of beach equipment and restroom maintenance only. No food trucks shall be permitted on the Beach Equipment Rental Area at any time. The times for distribution and pickup and the conditions under which the vehicles are operated must be authorized in writing by the City Manager. 3. Product Pricing. The Lessor reserves the right to review and approve prices to be charged for all sale and rental items. A list of current prices must be submitted within twenty (20) days of the date of this Agreement, and within twenty (20) days of any substantial changes to food and beverage prices and beach rental prices. 4. Parking. The Lessor will provide at no charge to Lessee five (5) parking spaces for use by Lessee's employees during the term of this Agreement, the location of which will be at the determination of the Lessor. Lessee understands that the approved use of these spaces is subject to change based on other municipal needs and, therefore, Lessor reserves the right to recapture these five (5) parking spaces as needed. 5. Rent. The Lessee hereby covenants and agrees to pay rent for the Food Concession Complex as follows: a) Base Rent in equal monthly payments, which will be due and payable on the first day of each month, an amount in accordance with the following schedule: Years of Agreement Total Minimum Rental Monthly Payments 1 - 5 $100,008 annually $8,334 per month b) Plus, as additional rent, Lessee shall pay annually at the end of each agreement year, the percentage specified on the amount between the figures listed below: 20% - Between $750,000 and $1 million in gross sales 22.5% - Between $1 million and $1.5 million in gross sales 25% - Between $1.5 million or more in gross sales Lessee shall pay all amounts due as stated above within thirty (30) days of the end of each agreement year. Lessee further agrees to provide Lessor within fifteen (15) days of the end of each monthly period during the term of this Agreement the statement showing the amount -of gross sales during the preceding month, as well as a signed copy of the front and back of the Florida Department of Revenue Sales and Use Tax Return. The statement used by the Lessee to report such sales will be in such form as to be satisfactory to the City Manager, and must be certified as correct by the Lessee's Chief Financial Officer, or his designee, showing the amount of gross sales at and /or GM14- 1801 - 112/146894/1] 4 from the Demised Premises during the monthly periods reported by the statement in the amount of year -to -date gross sales for the calendar year. The term "Gross Sales" as used in this paragraph 5(b) means the entire amount of actual sales prices, whether for cash or otherwise, of all sales of food, services, beverages, clothing, or other receipts whatsoever of all business conducted in, on or from the premises, including mail or telephone orders received or filled at the premises except for any beach rental transaction as defined below. No deduction shall be allowed for uncollected or uncollectible credit accounts. Such term shall not include, however, any sums collected and paid out for any sales or excess tax imposed by any duly constituted governmental authority wherein Lessee is regarded as the collecting agent. It expressly does not include any income generated from the beach rentals, regardless of whether the BR transaction occurred at the Food Concession Complex. 6. As consideration for the license to utilize the Beach Rental Area and for the exclusive right of beach concessions, as described herein, Lessee shall pay toLessor, on a monthly basis, 50% of the monthly gross sales for all beach rentals. This payment will be due within fifteen (15) days of the preceding month. The final payment shall be made by Lessee within fifteen (15) days of the end of Agreement term. The Lessee will provide the Lessor, within fifteen (15) days of the end of each monthly period during the term of the Agreement, a statement showing the amount of gross sales during the preceding month, as well as a signed copy of the front and back of the Florida Department of Revenue Sales and Use Tax Return. The statement used by the Lessee to report such sales will be in such form as to be satisfactory to the City Manager, and must be certified as correct by the Lessee's Chief Financial Officer, or his designee, showing the amount of gross sales at and /or from the Demised Premises during the monthly periods reported by the statement in the amount of year -to -date gross sales for the calendar year. The term "Gross Sales" as used in this paragraph 6 means the entire amount of the actual sales price, whether for cash or otherwise, of all beach chairs, cabanas, umbrellas, floats and other receipts whatsoever from all beach rental business ( "Beach Rental Transactions ") conducted in, on or from the Leased Premises and Beach Rental Area as per this Agreement. No deduction shall be allowed for uncollected or uncollectible credit accounts. Such term does not include, however, any sums collected and paid out for any sales or excise tax imposed by any duly constituted governmental authority wherein Lessee is regarded as the collecting agent. 7. Capital Improvements. For capital improvements to restrooms and new storage facility for Parks and Recreation vehicles /equipment: a. Lessee shall pay the following amounts of money to Lessor Capital Contribution ") for the expansion and renovations of the restrooms as well as the construction of a new storage facility for the Parks and Recreation Department to house vehicles being displaced by the restroom expansion /renovations (collectively the "Renovations ", as more specifically described in Exhibit "E ", attached hereto and made a part hereof): GM 14- 1801- 112/146894/1 ] 5 301,000 by January 31, 2015 100,000 by January 31, 2016 b. The City of Clearwater shall act as the project manager, be responsible for the design and construction of the Renovations, and shall use these funds to make the Renovations. c. Construction of the restrooms shall be completed in two phases. d. The Lessor shall return any Capital Contribution funds remaining after the completion of these improvements to the Lessee, without demand, within 60 days of Certificate of Occupancy. e. In the event the City terminates this lease as permitted herein, except in the event of a Lessee default and except in the instance of a partial termination as provided for in paragraph 2(c), the City will reimburse the Lessee on a pro -rata basis for its Capital Contribution to the Renovations as follows: Lease Year 0 -1 1 -2 2 -3 3 -4 4 -5 Reimbursement of Capital Contribution 100% of Capital Contribution (made to date) 80% of Capital Contribution (made to date) 60% of Capital Contribution (made to date) 40% of Capital Contribution (made to date) 20% of Capital Contribution (made to date) f. Such reimbursement shall be made within 60 days of written request by Lessee. Upon reimbursement, Lessee shall release all claims against the Lessor arising out of this Capital Contribution, and Lessee shall have no further claim on the Leased Premises with respect to the Capital Contribution. 8. Annual Gross Sales. The Lessee agrees to submit an audited certification of annual gross sales, as certified to by a Certified Public Accountant, within thirty (30) days of the end of each calendar year. The scope of the audit must include the Lessee's compliance with the terms of the Agreement to disclose the gross sales at or from the demised premises. The statement shall be prepared according to generally accepted accounting principles and practices, showing in all reasonable detail the amount of gross sales during the prior Agreement year. The Lessee also agrees to provide at the same time as the statement regarding annual gross sales, pertinent depreciation and amortization schedule as filed with the Internal Revenue Service for the prior year. 9. Amounts Due from Lessee to Lessor. Any amount due from Lessee to Lessor under this Agreement which is not paid when due shall bear interest at the maximum allowable legal rate from date due until date paid, together with a late charge of 5% of any amount due, to cover Lessor's extra expenses involved in collecting such delinquency; provided that such interest and late charges shall be automatically reduced by such amount as necessary to cause such charges to be in compliance with usury laws. The late charge must be paid within 30 days of the day the delinquent payment was due. GM 14- 1801- 112/146894/1 ] 6 10.0bservance of Laws and Ordinances; Encumbrances; Assignment. a. Lessee agrees to observe, comply with, and execute promptly at its expense during the Lease Term, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the Leased Premises. The Lessee hereby covenants and agrees to make no unlawful, improper or offensive use of the leased premises. b. Lessee further covenants and agrees not to assign, mortgage, pledge, hypothecate or sublet this Agreement in whole or in part without the prior written consent of Lessor. The consent of Lessor to any assignment, mortgaging, pledging, hypothecating, or subletting shall be at the Lessor's sole discretion, and shall not constitute a waiver of the necessity for such consent to any subsequent assignment, mortgage, pledging, hypothecating or subletting. This paragraph shall be construed to include a prohibition against any assignment or subletting by operation of law. If this Agreement is assigned, or if the premises or any part thereof are sublet or occupied by anybody other than Lessee, Lessor may collect rent from the assignee, sub - tenant or occupant, and apply the net amount collected to the rent herein required, but no such occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, sub - tenant or occupant and tenant, or a release of Lessee from the further performance by Lessee of covenants on the part of Lessee herein contained. If at any time during the term of this Agreement, any or all of the corporate shares of Lessee shall be transferred by sale, assignment, bequest, inheritance, operation of law or other disposition so as to result in a change in the present effective voting control of Lessee by the person, persons or entity which presently is the ultimate owner of a majority of such corporate shares on the date of this Agreement, lessee shall promptly notify Lessor in writing of such transfer and shall provide to Lessor the name, address, financial statement and business experience resume for the immediate preceding five 5) years of the proposed assignee. This information shall be in writing and Lessor, at its sole discretion shall have the option of accepting the proposed assignee and can charge a reasonable fee to Lessee for processing such request. Lessee can request a transfer under this provision for no more than once in an agreement year unless specifically consented to in writing by Lessor. c. If the new owner is a private or public corporation, Lessor shall promptly advise Lessee if it has any objections thereto and the reasons therefore. Lessor may terminate this Agreement any time after such change in control by giving Lessee ninety 90) days prior written notice of such termination. Lessee shall not permit any business to be operated in or from the premises by any concessionaire or Licensee. d. The Lessee hereby covenants and agrees to promptly and continuously comply with all regulations and order of the Health Department and health officers of the local, state and national governments; and Lessee hereby covenants and agrees to keep, operate, and maintain the concession in such a manner as to include any GM 14- 1801- 112/146894/1 ] 7 warnings of major violations or notices to show cause being issued by a regulatory agency authorized to inspect the premises under Florida Statute 509 as it presently exists or as it may be amended. In addition, Lessee agrees to forward to Lessor a copy of each inspection report issued in accordance with Florida Statute 509 as it presently exists or as it may be amended, within fifteen (15) days of receiving any such reports. The Lessee shall submit a copy of the approved renewal of Health Department certificate within (thirty) 30 days after renewal. 11. Taxes; Licenses: Permits. Lessee agrees that it will promptly pay all ad valorem real property taxes and personal property taxes that may be assessed against the Leased Premises during the term of this Agreement (excluding any taxes assessed for the public restrooms at both 332 S. Gulfview and 410 S. Gulfview Blvd.). Lessee further agrees that it will pay if applicable, any state sales tax due on the rental payment made by the Lessee to the Lessor and that it will pay all other taxes, including, but not limited to, occupational license, beverage license, and permits relating the operation of the business conducted on the leased premises, which are required by law. It is further agreed by the Lessor that nothing herein shall obligate Lessee to pay or to reimburse Lessor for the payment of assessments for permanent improvements, including but not limited to sidewalks, sewers, and streets, that would normally accrue to the Demised Premises. 12. Utilities. The Lessee hereby covenants and agrees to pay all bills for electrical current, gas, water, sewer, heat, refuse collection and other services to the premises when due including all operating costs for the renovated restroom facilities at the Food Concession Complex, and the restrooms at 410 S. Gulfview Blvd. Said utilities shall be directly billed to the Lessee and be individually metered for the premises. Any deposits for such utilities shall be the sole responsibility of the Lessee. 13. Contemplated Renovations. The Lessor will coordinate proposed phased improvements to the restroom facilities with the Lessee. The Lessor will construct improvements to the restrooms in a timely manner including all ADA requirements. Phase I of these renovations are anticipated to be completed by January 1, 2016. Phase II shall be completed by January 1, 2017. 14. Clearwater Marine Aquarium Display. The Lessee shall provide a maximum of 6 foot by 6 foot and minimum 4 foot by 4 foot shadowbox display space to the Clearwater Marine Aquarium for public information about the aquarium, its mission and location. 15. Waste. Lessee will use biodegradable materials whenever feasible. 16. Maintenance; Capital Repairs. Lessee shall keep the foundation, outer walls, roof and buried conduits of the Leased Premises in good repair. Lessee shall keep the inside of said premises and the interior doors, windows and window frames of said premises in good order, condition and repair and shall also keep the premises in a clean, sanitary and safe condition in accordance with law and in accordance with all GM 14- 1801- 112/146894/1 ] 8 directions, rules and regulations of governmental agencies having jurisdiction. The Lessee shall be responsible for providing all light bulbs used on the premises. The plumbing facilities shall not be used for any other purposes than that for which they are constructed and no foreign substances of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from the violation of this provision shall be borne by the Lessee. The heating and air - conditioning system and plumbing facilities shall be under the control of Lessee, and Lessee agrees that all operation, upkeep, repairs and replacements will be at Lessee's expense. In the event Lessor pays any monies required to be paid by Lessee hereunder, Lessor shall demand repayment of same from Lessee and Lessee shall make payment within ten (10) days of receipt of said demand. Lessee's failure to make such repayment within the ten (10) day period shall constitute a default under the terms of this lease and unpaid amounts shall become additional rent due. Lessee will provide all equipment necessary for the operation of the Food Concession Complex and Beach Equipment Rental. In addition to the items in paragraph 6 the Lessee will pay all normal day - to-day repairs and maintenance costs, being certain that any material used in repair and maintenance will be equal to or better than that originally provided, and all required insurance premiums. In general Lessee shall, at their expense, at all times during the term of this agreement, keep the premises and all improvements and facilities in good order, repair and condition. Notwithstanding this paragraph 16, nothing in this Lease shall obligate Lessee for any maintenance or capital repairs to the bathroom at 410 S. Gulfview Blvd. 17. Trash. Lessee will be responsible for picking up and disposing of all trash, garbage, and other debris, whether or not initiated from the sales of the food complex, within 100 feet of the Leased Premises. Lessee is authorized to place trash cans in the immediate area of the Leased Premises, said trash cans to be maintained by the Lessee. 18. Insurance; Indemnification. The Lessee shall, at its own cost and expense, acquire and maintain (and, if applicable to this Agreement, cause any sub- lessees, contractors, and /or subcontractors to acquire and maintain) during the term with the Lessor, 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 Lessor has the right to review the Lessee's deductible or self - insured retention and to require that it be reduced or eliminated. a. Specifically the Lessee 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: i. Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. ii. Commercial Automobile Liability Insurance coverage for any owned, non - owned, hired or borrowed automobile is required in the GM 14- 1801- 112/146894/1 ] 9 minimum amount of $1,000,000 (one million dollars) combined single limit. iii. Unless waived by the State of Florida, 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 $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include VoluntaryCompensation, Jones Act, and U.S. Longshoremen's and HarborWorker's Act coverage where applicable. Coverage must be applicable to employees, and volunteers, if any. iv. If the Lessee is using its own property or the property of Lessor in connection with the performance of its obligations under this Agreement, then Property Insurance on an "All Risks" basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. Lessee understands that the Lessor shall not insure or self- insure loss of any kind to Lessee's personal property and Lessee is solely responsible for such losses regardless of cause. v. The Lessor will maintain Property Insurance and Flood Insurance (if applicable) on a replacement cost basis on the building(s) or structure(s). The Lessor reserves the right to insure the property through self- insurance or any other insurance method at its discretion during the term of this Lease. Lessee agrees to reimburse the Lessor for such yearly cost of Property Insurance and Flood Insurance premiums. The Lessor shall bill the Lessee by providing invoices in the applicable increments. The current term of insurance is October 1 to October 1. Lessee also agrees to reimburse the Lessor for any deductibles or self- insurance co -pays in the event of a property or flood Toss. vi. The Lessor will maintain Boiler and Machinery Insurance if the buildings or structures include boiler(s), pressure vessel (s) or air conditioning /heating equipment. The Lessor reserves the right to insure the Boiler and Machinery items through self insurance or any other insurance method at its discretion during the term of this Lease. Lessee agrees to reimburse the Lessor for such yearly cost of Boiler and Machinery Insurance premiums. The Lessor shall bill the Lessee by providing invoices in the applicable increments. The current term of insurance is October 1 to October 1. Lessee also agrees to reimburse the Lessor for any deductibles or self - insurance co -pays in the event of a loss. vii. The above insurance limits may be achieved by a combination of primary and umbrella /excess liability policies. GM14- 1801- 112/146894/1 ] 10 b. Other Insurance Provisions: i. Prior to the execution of this Agreement/Contract, and then annually upon the anniversary date(s) of the insurance policy's renewal date(s) for as long as this Agreement/Contract remains in effect, the Lessee will furnish the Lessor 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 Lessor as an "Additional Insured" on the Commercial Liability Insurance policy. In addition when requested in writing from the Lessor, Lessee will provide the Lessor with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: Lessor of Clearwater Attn: Parks and Recreation Department P.O. Box 4748 Clearwater, FL 33758 -4748 ii. Lessee shall provide thirty (30) days written notice of any cancellation, non - renewal, termination, material change or reduction in coverage. iii. Lessee's insurance as outlined above shall be primary and non- contributory coverage for Lessee's negligence. iv. Lessee agrees that the Lessor reserves the right to appoint legal counsel for any and all claims that may arise related to this Agreement or performance under this Agreement. v. Lessee shall defend, indemnify, save and hold the Lessor, its employees, officers, or directors harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage, arising directly or indirectly, including legal fees, court costs, or other legal expenses; except, for such claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the Lessor or its employees, officers, or directors or for statutory violation or punitive damages, except and to the extent the statutory violation or punitive damages are caused by, or result from, the acts or omissions of the Lessee or any of the Lessee's employees, representatives, or agents. vi. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the Lessor, and failure to request evidence of this insurance shall not be construed as a waiver of Lessee's obligation to provide the insurance coverage specified. 19. Destruction of Premises. If at any time during the term of this Agreement, the building or premises or any part, system or component hereof (herein the "Demised GM 14- 1801- 112/146894/1 ] 11 Premises ") shall be damaged or destroyed, said Demised Premises and any additions or improvements thereto, shall be promptly repaired or rebuilt or restored to the condition as good as the same was immediately prior to such damage or destruction at the Lessee's risk and expense, utilizing Insurance proceeds as required hereunder, and in accordance with plans and specifications mutually agreed upon by the Parties at the time; or if none can be agreed upon, then in accordance with the original plans and specifications and any subsequent plans and specifications for any additions or improvements constructed prior to the damage. The work of restoration or rebuilding shall be in full compliance with all laws and regulations and government ordinances applicable thereto. The insurance proceeds shall be paid to the Lessor, and such proceeds will be used for the repair or restoration. Lessor shall retain control and oversight of the rebuilding as the property owner. Any cost of repairs or restoration in excess of the insurance proceeds shall be borne by the Lessee. Any insurance proceeds in excess of the cost of repairs or restoration shall belong to the Lessee. During the period of such partial damage or destruction, the monthly guaranteed rent shall abate until commencement of business, after receipt of all building permits, whichever is sooner. Lessor shall not unreasonably withhold building permits Lessee applies for which are necessary to repair such damage or destruction. The Lessee will be allowed to operate a mobile or portable service during the time of repair or reconstruction in accordance with the law, and upon approval from the City Manger at which point Base Rent is due and payable by Lessee. If the Demised Premises shall be totally destroyed or so damaged as to render it practically useless during the term of this Agreement, then and in that event, the Lessor may terminate this Agreement as of the date of such damage, or upon thirty (30) days written notice to the Lessee. Should Lessor choose not to rebuild, Lessor shall still be entitled to applicable insurance proceeds as compensation for the Leased Premises asset. 20. Default; Remedies. Lessor, at its option, may exercise any of the remedies provided in Subsection 1 of this paragraph, except as otherwise provided herein, upon the happening of any one or more of the following events ( "Events of Default "). a. Events of Default shall be any of the following actions by Lessee: i. Lessee's default in the payment of any rental or other sums due for a period of five (5) days after the due date; ii. Lessee's continued default with respect to any other covenant of this Agreement for a period of fifteen (15) days after receipt of written notice of such default by Lessee from Lessor, provided that if such default reasonably required more than fifteen (15) days to cure, there shall be no Event of Default if Lessee has commenced correcting action within the fifteen (15) day period and is diligently pursuing such action; GM 14 -1801- 112/146894/1 ] 12 iii. There shall be filed by or against Lessee in any event pursuant to any statute wither of the United States or of any state, a petition in bankruptcy or insolvency or for reorganization or arrangement, or for the appointment of a receiver or trustee of all or a portion of Lessee's property, or if the Lessee makes an assignment by operation of law, or if Lessee makes application to Lessee's creditors to settle or compound or extend the time for payment of Lessee's obligations, or if execution, seizure, or attachment for a period of 120 days. Failure to remove the levy, seizure or attachment within the 120 day period shall actuate the default provided by this paragraph and the bond posted shall be forfeited. iv. Lessee's vacating or abandoning the premises, unless in the event of casualty or destruction at which point, the provision of Section 19 shall prevail. v. Lessee's intentional understating gross sales by more than three 3) percent in sales reports given to Lessor and not otherwise corrected by annual audited statements provided to the City. An error occurring by reason of computer malfunction, typing, or other similar clerical error shall not be considered a default within the meaning of this paragraph. b. Lessor, at its option, may exercise any one or more of the following remedies which shall be cumulative. i. Terminate Lessee's right to possession under this Agreement and reenter and take possession of the premises, resetting or attempt to relet shall only involve a prospective tenant capable of providing comparable or better type services, at such rent and under such terms and conditions as Lessee may deem best under the circumstances for the purpose of reducing Lessee's liability, and Lessor shall not be deemed to have thereby accepted a surrender of the premises, and Lessee shall remain liable for all rents and additional rents due under this Agreement and for all damages suffered by Lessor because of Lessee's breach of any of the covenants of this Agreement. Said damages shall include, but not be limited to, charges for removal and storage of Lessee's property, remodeling and repairs, leasing, commissions and legal fees, and loss of prospective percentage rentals by Lessor. Said prospective percentage rents shall be calculated on the basis of Lessee's gross sales for the immediately preceding twelve (12) month period or for the period, adjusted on an annualized basis, commencing with the first day of this Agreement if this Agreement has not been in effect for twelve (12) months. In addition to its remedies hereunder, Lessor may accelerate all fixed rentals due under this Agreement, in which event the Lessee shall be liable for all past due rent, accelerated rent and damages as described above; however with respect to the accelerated rent, Lessor shall receive only the present value of such accelerated rent. At any time during repossession and resetting pursuant to this subsection, Lessor may, by delivering written notice to Lessee, elect to exercise its option under the following subsection to accept a surrender of the premises, terminate and cancel this Agreement, and retake possession and occupancy of the premises on behalf of Lessor. GM 14- 1801- 112/146894/1 ] 13 ii. Declare this Agreement to be terminated, whereupon the term hereby granted and all right, title and interest of Lessee in the premises shall end and Lessor may re -enter upon and take possession of the premises. Such termination shall be without prejudice to Lessor's right to collect from Lessee any rental or additional rental which has accrued prior to such termination together with all damages, including, but not limited to the loss of prospective percentage rentals, suffered by Lessor because of Lessee's breach of any covenant under this Agreement. Exercise any and all rights and privileges that Lessor or may have under the laws of the State of Florida and /or the United States of America. c. Additionally, the City may terminate this Lease in the event it determines, at a duly constituted City Council meeting, that the Leased Premises are required for any other municipal purposes by giving ninety (90) days written notice of such intended use, following which this Lease shall terminate in every respect, and both parties shall be relieved of any further obligations hereunder, except that Lessee shall be responsible for all monies due and owing hereunder at the time of such determination resulting from the operation hereof, together with any other monies due in accordance with this Lease. 21. Alterations and Improvements. Lessee shall secure prior written approval from Lessor for modifications or remodeling of existing facilities or for the construction of any new facilities, such approval not to be unreasonably withheld or delayed. The terms remodeling or modifications as used herein shall include only those events requiring the issuance of a building permit. It is agreed that the existing improvements, together with any improvements constructed by Lessee during the term of this Agreement on the demised premises, shall become the property of the Lessor upon the expiration or termination of this Agreement; provided, however, that said reference to improvements herein contemplates improvements to the real estate which become a part of the land as distinguished from personal property utilized by the Lessee. Lessee shall, at Lessee's expense, remove all of Lessee's personal property and those improvements made by Lessee which have not become the property of the Lessor, including trade fixtures and the like. All property remaining on the Premises after the last day of the term of this lease shall be conclusively deemed abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such removal. 22. Lessee shall, at his expense, at all times during the terms of this Agreement, keep the leased premises and all improvements and facilities thereon in good order, condition, and repair. It is specifically understood by Lessee that the Lessor has the right to inspect the leased premises and improvements at any time to ensure that the premises and improvements are indeed in good order, condition and repair. Upon the termination or expiration of this Agreement, Lessee shall repair any and all damages to the premises caused by the removal by Lessee of personal property. GM 14- 1801 -112 /146894/1 ] 14 23. Upon the termination or expiration of the Agreement for whatever cause, the Lessee shall have fifteen (15) days to remove, at his own expense, its equipment, signs, insignia, and other indicia of its tenancy or use. 24. Lessee shall have no power or authority to permit mechanic's or materialmen's liens to be placed upon the Premises in connection with maintenance, alterations, or modifications. Lessee shall, within fifteen (15) days after notice from Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to the Premises on Lessee's behalf. Lessee agrees to indemnify and save harmless the Lessor by reason of any mechanic's lien which has not been discharged and which may be asserted as a claim against the leased property, and to furnish Lessor a good and sufficient bond signed by a reputable bonding company doingbusinessinFlorida, which bond shall be in an amount equal to 100 percent (100 %) of the cost of construction of the contemplated improvements to the demised premises. 25. Eminent Domain. If the whole or any part of the premises hereby leased shall be taken by any public authority under power of eminent domain, then the term of this lease shall cease on the part so taken from the date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that day, and if such portion of the Demised Premises is so taken as to destroy the usefulness of the premises for the purpose for which the premises were leased, then from that day the Lessee shall have the right to either terminate this lease or to continue in possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the premises taken. The parties agree that the Lessee shall not be entitled to any damages by reason of the taking of this leasehold, or be entitled to any part of the award for such taking, or any payment in lieu thereof. 26. Lessee acknowledges that it, it's applicants for employment, employees, or volunteers, work or will work with children, the elderly, or the disabled. Therefore, if not otherwise required to conduct background checks by law, Lessee voluntarily agrees to register with the Florida Department of Law Enforcement ( "FDLE ") to participate in the Volunteer & Employee Criminal History System ( "VECHS ") for background checks, as authorized by the National Child Protection Act ( "NCPA "), as amended, and Florida Statute 943.0542 (1999), as may be amended from time to time. Lessee agrees to secure the highest level of background screening available under VECHS, and that this level of background screening is necessary to effectively screen out those not suitable for contact with children, the elderly or the disabled. Lessee voluntarily agrees to require such screenings in accordance with the processes and procedures set forth by the FDLE and the FBI in order to secure criminal history information on its employees, volunteers and applicants. The Lessee acknowledges that the VECHS program is not available to entities currently mandated to obtain background checks by statute or other law. Lessee shall pay all costs associated with such background checks and will submit an Affidavit of Criminal Background Screening in substantially the form attached hereto, and incorporated herein, as Exhibit "F ". Lessee shall secure releases from screened parties, use said criminal history information only as permitted by law, and shall unilaterally make the determination of a screened parties' fitness and suitability for GM14- 1801 - 112/146894/1] 15 working with children, the elderly or the disabled. Lessor shall not be required to make such a determination under any circumstance. Lessee shall submit the Affidavit of Criminal Background Screening to Lessor prior to beginning its operations under this agreement. if for any reason, including denial of eligibility by the Florida Department of Law Enforcement, Licensee is unable to secure background checks in accordance with the VECHS program, Licensee shall secure the highest level of background screening allowed by law. 27. Lessee agrees to provide CPR training and certification for at least one employee on site per shift. 28. This lease and the rights of the Lessee hereunder are hereby made subject and subordinate to all bona fide mortgages now or hereafter placed upon the said premises by the Lessor and any other owner provided, however, that such mortgages will not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The Lessee further agrees to execute any instrument of subordination which might be required by mortgagee of the Lessor. 29. Lessor covenants and agrees that upon payment by Lessee of the rents herein provided, and upon observance and performance by Lessee of all the covenants, terms and conditions required of the Lessee by the Agreement, Lessee shall peaceably and quietly hold and enjoy the leased premises for the term of the Agreement without hindrance or interruption by Lessor. 30. Notices hereunder shall be given only by registered letter and shall, unless otherwise expressly provided, be deemed given when the letter is deposited in the mail, postage prepaid, addressed to the party for whom intended at such party's address first herein specified or to such other address as may be substituted therefore by proper notice hereunder. To Lessee: Fields, Inc. 332 S. Gulfview Blvd. Clearwater, FL 33767 Attn: Lisa Chandler Steve Chandler To Lessor: City of Clearwater P.O. Box 4748 Clearwater, FL 33756 -4748 Attn: Kevin Dunbar Director of Parks and Recreation 31. If the Certified Public Account providing the annual audit required in this Agreement is not an independent Certified Public Accountant, Lessee at the City Manager's option, agrees to make all records of gross sales pertaining to this Agreement available to an independent Certified Public Accountant chosen by the City Manager, for the purpose of confirming the fair representation of the previously submitted audits. Any such audit provided for in this paragraph may not go back for more than three (3) years. If an Independent Certified Public Accountant, chosen by the Lessor, audits the business operated hereunder, and finds that a fair representation of the gross revenues understates Agreement revenue due the Lessor, the cost of the GM 14- 1801- 112/146894/1 ] 16 independent audit shall be borne by the Lessee; if the independent audit confirms the fair representation of the Lessee or overstates Agreement revenue due to the Lessor, the Lessor shall pay for the audit. 32. No sign of any type will be posted, erected, hung or otherwise placed in view of the general public so as to advertise any product or identify the Food Concession Complex unless permitted by the City of Clearwater Code of Ordinances, as they now exist or as they may be amended, and unless authorized and approved bytheCityManagerortheirdesignee. However, the Lessee shall provide menu -type board or boards to be placed inside the food concession area so that they will be plainly visible to the public and list the food and drink items for sale with their corresponding prices. Lessee also will place a sign inside the food concession area so it will be plainly visible to the public, which states that the concession area and beach rentals are operated by Lessee and not Lessor. The Lessor will be responsible for signs at the entrance of the restrooms indicating appropriate gender. A sign denoting the price list of all beach equipment rentals must be posted by the Lessee at the entrance to the Food Concession Complex as well as at one other point must post from which the rental of beach equipment has heretofore been authorized. 33. Restroom facilities must be kept clean and sanitary at all times and are subject to inspection by Lessor. No coin - operated toilets or other coin - operated devices will be allowed in the aforementioned restroom facilities except upon written authorization of the City Manager. Lessee agrees to notify immediately the Lessor's Police Department at any time the Lessee becomes aware of any activity that is a violation of a law in the area of the Food Concession Complex. 34. Lessee's exclusive right, as referenced in Section 4 of this Agreement, to rent beach equipment from the leased premises does not deny members of the public the right to bring their own equipment for personal use. 35. All sales shall be recorded on a POS system and shall be maintained three (3) years for review by Lessor's auditor. The Lessee shall maintain an adequate set of books and records of its operation of the business of renting beach equipment and the sale of food, beverages and sundries, and his books and records must be provided to the City Manager upon request. 36. Public Records. Lessee shall comply with Lessor's requests for documents to fulfill a public records request, as may be required by Fla. Statute 119. All requests for public records will be administered by Lessor. 37. The Lessee will additionally provide Two Thousand Five Hundred 2,500.00) Dollars per year of this Agreement to the Clearwater Beach Patrol Lifeguards, in furtherance of supporting the safety of visitors to Clearwater Beach; payable by January 30th for each year of the Agreement. GM14- 1801- 112/146894/1 ] 17 38. Lessee shall not advertise any business not operated at, on, or from the premises without the prior written consent of the City Manager or their designee. 39. Lessee shall keep and provide a copy of their standards of operation to Lessor within thirty (30) days of the date of this Agreement. Standards of operation should include process for money collection and accounting thereof; as well as items such as dress code, equipment repair and replacement, training program for employees, maintenance training and customer relations. Since the Lessee and Lessor are in a relationship to serve the needs of the public and at the same time be as profitable as possible for both parties, the Lessor reserves the right to not only review standards of operations and internal controls but also to make suggestions and recommendations for improvement. 40. To keep beach rental equipment in "new or as new condition ". Lessee shall provide a replacement and repair schedule for all rental equipment covered by this agreement. New beach rental products, if offered, must be approved by the City Manager prior to offering to the customers. 41. Each Party shall be responsible for its own attorneys' fees and costs in the collection of any delinquent rent or additional payments or in the enforcement of any provision of this Lease. 42. Miscellaneous. a. The Lessor shall have the unrestricted right of assigning this lease at any time, to a subsequent owner, and in the event of such assignment, the Lessor shall be relieved of all liabilities hereunder. b. This contract shall bind the Lessor and its assigns or successors, and the Lessee and assigns and successors of the Lessee. c. It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. d. It is understood and agreed between the parties hereto that written notice sent by certified or registered mail, or hand delivered to the premises leased hereunder, shall constitute sufficient notice to the Lessee, and written notice sent by certified or registered mail or hand delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this contract. e. The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. GM 14- 1801 -112 /146894/1 ] 18 f. It is hereby understood and agreed that Lessee shall use no signs in connection with the premises hereunder, except existing signs and signs inside the building, which signs shall be subject to the prior approval of the Lessor. g. It is understood that no representations or promises shall be binding on the parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. h. It is hereby agreed that if any installment of rent or any other sum due from Lessee is not received by Lessor within five (5) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to five percent (5%) of such overdue amount. The Lessor shall not be required to accept any rent not paid within five (5) days subsequent of the date when due absent the simultaneous payment of this late charge. The requirement for a late charge set out herein shall not be construed to create a curative period or a grace period for the timely payment of rent. i. The invalidity or unenforceability of any portion of this lease shall in nowise affect the remaining provisions and portions hereof. j. The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that such materials, wastes or substances may be located on the property, only upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with any and all applicable state and federal laws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may be assessed against Lessor in connection with or otherwise relating to said hazardous materials, wastes or substances at anytime, without regard to the term of this lease. This provision shall specifically survive the termination hereof. k. The laws of the State of Florida shall govern this Lease, and any action brought by either parry shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seal this ah day of U te V,)W, , 2014. Countersigned: CITY OF CLEARWATER WY Vo_f k of George N. Cretekos William B. Horne, II Mayor City Manager Approved as to form: Attest: GM 14-1801-112/146894/1] 19 Approved as to form: Laura Lipowski Mahony Assistant Cityaiagex Attorney WIMESS gnature gel,. ?- /c1 r Print Name Si nature Print N e Cl ete, By: Attest: it Rosemarie Call City Clerk FIELDS, INC. gnature slu 44 A. yA.)Eriee..D Print Name ur Print Name 5ty1 GM 14- 1801- 112/146894/1 ] 20 Steven F. Chandler, President isa M. Chandler, Secretary LOCATION MAP Exhibit A Clearwater Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fan: (727)5264755 www.MyCleanvater.com Map Gen By: JB MAP 1: FOOD CONCESSION AND RESTROOM COMPLEX BUILDING Reviewed By: TM Date: 3/3/2014 Grid #: 276A S -T -R: 08- 29s -15e Document Path: V: \GIS \Engineering\Location Maps1REP1.mxd LOCATION MAP Exhibit B LL Clearwater u. Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www. MyClea rwater. com MAP 2: LLOYD, WHITE, AND SKINNER SUBDIVISION LOTS 5 - 32 W E S Scale: N.T.S. Map Gen By: JB Reviewed By: TM Date: 3/3/2014 Grid #: 276A S -T -R: 08- 29s -15e Document Path: V: \GIS \Engineering \Location Maps \RFP2.mxd Exhibit C HYATT CLEARWATER BEACH RESORT BEACH CONCESSION CRITERIA QUALITY STANDARDS FURNITURE (100) Chaise lounge Manufacturer: Tropitone Spinnaker chaise lounge chair with arms (Model #159932) (if suitable for beach use) Otherwise: Steamer /Deck Chair — Canvas Manufacturer: Harrison & Todd UMBRELLAS (60) Aluminum pole Cast aluminum stand -alone bases Manufacturer: Galtech: Market Umbrella — 9' (or equal) Sunbrella Fabric (mildew resistant/UV resistant) CUSTOM BEACH CABANAS — 78" X 84" X 64" (40) Marine grade fabric SIDE TABLES (25) Cast Aluminum _ 22" round x 17" Manufacturer: Tropitone (or equal) UNIFORMS Tropical Shirt with Khaki shorts and skirt White tennis shoes with white ankle socks EMPLOYEES (2) Properly groomed hair Clean - shaven or well- groomed facial hair Clean, neat overall appearance Professional, courteous attitude KEY ISSUE Ability t charge hotel guests on room account LOCATION MAP Exhibit D L Clearwater Prepared by: Engineering Department Geographic Technology Division 100 S. MyrtleAve, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)5264755 www. MyClearwater. com MAP 3: LLOYD, WHITE, AND SKINNER SUBDIVISION LOTS 5 - 32 AND HYATT HOTEL BOUNDARY Map Gen By: JB Reviewed By: TM Date: 3/3/2014 Grid #: 276A S -T -R: 08- 29s -15e N S Scale: N.T.S. Document Path: V: \GIS \Engineering \location Maps \RFP3.mxd Exhibit E I fi a a a El to 0 a 0 3 BAREFOOT BEACH HOUSE RESTROOM RENOVATIONS 332 5 503154602.1552134B1-W. LLEM51A755. E•EA%C. FLORIDA 33761 USKO ARCffiTEGTuRE, P.A. ALA 00606E3,1 STREET CLEARWATER, 31. 33353 733 - 663.3300 FAX 333 -461 -0030 AltaPIi 63 k. AR0003966 rMiti wltll111lll1116.,. f NORTH ELEVATION SALE 1 /,•,. O' ewerm, o • na111II_IIIIiu IIIIIIIIIIY. moNx.-7 Von -moo EU imimimm Immorommi EST ELEVATION KALE V4 .1 -a EAST ELEVATION E- K q -f1-I MID IN didII''I IIII IIIII IIlb.. 11==k, aaa SOUTH ELEVATION OF ENCLOSURE YVALL SCALE w•. r -a SOUTH ELEVATION SCALE VI• .1 -d' 201 OrefpuurAo B..E Y II I 111111111 FLOOR PLAN xwi v +• 1c' 1 1 M NETF.20E*MAartassannraAEGeu x o 4 09 -19 -14 11 C000813 S ZZ gh0 Ymif 3 A -2 EXHIBIT "F" AFFIDAVIT OF CRIMINAL BACKGROUND SCREENING LESSEE NAME: DATE: By signing this form, I am swearing or affirming that all individuals employed by Lessee) or providing services to City under the Lease Agreement on behalf of Lessee on City property have been background screened in accordance with the background screening requirements set forth in Lease Agreement and been deemed eligible by Lessee to provide services as described in Lease Agreement. The information contained in this Affidavit is up to date as of the date this Affidavit is furnished to City Parks and Recreation Department per the requirements of Section 26 of the Lease Agreement. All individuals providing services under the Lease Agreement on City property are listed below. Each individual shall be identified by name, birth date and date deemed eligible. List of Individuals) Signature of Affiant Sworn to and subscribed before me this day of , 20 Notary Public My Commission Expires: My signature, as Notary Public, verifies the Affiant's identification has been validated by GM14- 1801- 112/146894/1 ] 26 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0298 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve an Event License Agreement between Jones Lang LaSalle Americas, Inc., in its capacity as agent for the owner of the premises known as Countryside Mall, located at 27001 US Highway 19 North, Clearwater, Florida, and the City of Clearwater Police Department for the purpose of hosting a Shred-A-Thon and Operation Medicine Cabinet event on April 27, 2024, located at the Countryside Mall and authorize the appropriate officials to execute same. (consent) SUMMARY: Jones Lang LaSalle Americas, Inc. and the Clearwater Police Department have entered into a cooperative agreement to allow the police department access to use the property at Countryside Mall during the Shred-A-Thon and Operation Medicine Cabinet event on April 27, 2024. The property manager requests the Clearwater Police Department (CPD) agree to the terms and conditions outlined in the Event License Agreement between Jones Lang LaSalle Americas, Inc., and CPD. Additionally, the property manager requests CPD hold harmless Jones Lang LaSalle Americas, Inc. from and against any and all loss liability, damage, cost or expense arising out of or related to CPD’s use of the property. Nothing in the agreement, however, shall be deemed a waiver of the limitations on liability contained in Section 768.28, Florida Statutes, or the doctrine of sovereign immunity. There are no costs associated with this Event License Agreement. APPROPRIATION CODE AND AMOUNT: N/A STRATEGIC PRIORITY: This project is relevant towards accomplishing the strategic goal of a High Performing Government, specifically strategic objective 1.4 to foster safe and healthy communities in Clearwater through first-class public safety and emergency response services. Page 1 City of Clearwater Printed on 3/26/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0344 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Authorize purchase order(s) to Galls LLC of Lexington, KY and Signal 15, Inc of Largo, FL for the purchase of uniforms and equipment in the cumulative annual not-to-exceed amount of $285,000.00 for the initial one-year term with three, one-year renewal options, pursuant to RFP 11-24 and authorize the appropriate officials to execute same. (consent) SUMMARY: Clearwater Fire & Rescue (CFR) provides duty uniforms to approximately 205 sworn and non-sworn employees and on average, outfits 10 to 20 new employees every year. The Clearwater Police Department (CPD) provides duty uniforms and equipment to approximately 375 sworn and non-sworn employees and on average, outfits 40 to 50 new employees every year. In addition to outfitting new employees, both departments provide specialized duty uniforms for special teams and are continually replacing uniforms and equipment because of normal wear and tear, and incidental damage. Request for Proposal (RFP) 11-24, for CFR and CPD uniforms and equipment was issued in January 2024, and the City received two responses on February 6, 2024. On February 13, 2024, staff representing both Clearwater Fire & Rescue and Clearwater Police Department met to discuss the responses. Signal 15 is local and available to accommodate for fittings and alterations and often have uniforms in stock. Galls does not carry the primary uniform for CPD but carries some equipment that Signal 15 does not. Therefore, with the variety of uniforms and equipment needed, it was determined it was in the City’s best interest to make a dual award to both Galls LLC and Signal 15, Inc. The initial contract term would be from April 1, 2024 - March 31, 2025, with three, one-year renewal options in the cumulative amount of $285,000.00 annually. With the many varieties of equipment and uniforms purchased on an annual basis, flexibility is requested to use either vendor for purchasing needs. APPROPRIATION CODE AND AMOUNT: Funding for the purchase orders is included in each department’s fiscal year 2024 operating budget. Future fiscal year funding will be required through the annual Operating Budget process. STRATEGIC PRIORITY: This project is relevant towards accomplishing the strategic goal of a High Performing Government, specifically strategic objective 1.4 to foster safe and healthy communities in Clearwater through first-class public safety and emergency response services. Page 1 City of Clearwater Printed on 3/26/2024 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 #11-24 Clearwater Fire and Rescue and Clearwater Police Department Uniforms & Equipment January 5, 2024 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, February 6, 2024 to provide uniforms and equipment to Clearwater Fire and Rescue and Clearwater Police Department. Brief Description: The City of Clearwater is soliciting sealed proposals to provide new and replacement uniforms and equipment for both Clearwater Fire and Rescue and Clearwater Police on an as needed basis. 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: Leslie Greve Procurement Analyst Leslie.Greve@myclearwater.com This Request for Proposals is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel@myclearwater.com INSTRUCTIONS CFR & CPD Uniform and Equipment 2 RFP #11-24 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: February 6, 2024 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes $ 0.00 No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if INSTRUCTIONS CFR & CPD Uniform and Equipment 3 RFP #11-24 any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: It is recommended that proposals are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp Proposers may mail or hand-deliver proposals to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than (seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. INSTRUCTIONS CFR & CPD Uniform and Equipment 4 RFP #11-24 i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. INSTRUCTIONS CFR & CPD Uniform and Equipment 5 RFP #11-24 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 CFR & CPD Uniform and Equipment 6 RFP #11-24 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. 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 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (page 23) Points Demonstrated Experience and Qualifications (Tab 2) 25 Methodology and Approach (Tab 3) 25 References (Tab 4) 25 Cost of Proposal (Tab 5) 25 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. INSTRUCTIONS – EVALUATION CFR & CPD Uniform and Equipment 7 RFP #11-24 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 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: January 5, 2024 Advertise Tampa Bay Times: January 10, 2024 Responses due: February 6, 2024 Review proposals: February 6–14, 2024 Presentations (if requested): February 23, 2024 Award recommendation: February 23, 2024 Council authorization: March 2024 Contract begins: March 2024 STANDARD TERMS AND CONDITIONS CFR & CPD Uniform and Equipment 8 RFP #11-24 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, supplier, proposer, res, 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 CFR & CPD Uniform and Equipment 9 RFP #11-24 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 CFR & CPD Uniform and Equipment 10 RFP #11-24 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 CFR & CPD Uniform and Equipment 11 RFP #11-24 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 CFR & CPD Uniform and Equipment 12 RFP #11-24 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 CFR & CPD Uniform and Equipment 13 RFP #11-24 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 CFR & CPD Uniform and Equipment 14 RFP #11-24 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 CFR & CPD Uniform and Equipment 15 RFP #11-24 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. DETAILED SPECIFICATIONS CFR & CPD Uniform and Equipment 16 RFP #11-24 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 118,904 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. BACKGROUND. The Clearwater Fire and Rescue (CFR) provides duty uniforms to approximately 205 sworn and non-sworn Fire Department employees. On average, the Clearwater Fire Department outfits 10 to 20 new employees every year. In addition to outfitting new employees, the Fire Department provides specialized duty uniforms for special teams and is continually replacing uniforms and equipment as a result of normal wear and tear, and incidental damage. Clearwater Police Department (CPD) provides duty uniforms to approximately 375 sworn and non- sworn Police Department employees. On average, the Clearwater Police Department outfits 50 to 60 new employees every year. In addition to outfitting new employees, the Police Department provides specialized duty uniforms for special teams and is continually replacing uniforms and equipment as a result of normal wear and tear, and incidental damage. 3. SCOPE OF WORK. The City of Clearwater is seeking proposals from qualified vendors to provide duty uniforms and associated equipment for both Clearwater Fire and Rescue (CFR) and Clearwater Police Department (CPD) on an as needed basis. If available, sustainable material is preferred but not required. A. CLEARWATER FIRE & RESCUE (CFR) SPECIFICATIONS UNIFORMS AND EQUIPMENT. o The vendor shall provide clothing and equipment listed in Exhibit A CFR_ Uniform Pricing Sheet. Acceptance of alternate item(s) will be at the sole discretion of the City. o The City reserves the right to order clothing and equipment on an as-needed basis during the contract period. o The vendor will be responsible for sizing all new CFR personnel at CFR facilities or have a local location for personnel to go to for this purpose. SILK SCREENING. o The vendor will provide all required silk screening. Samples will be provided by the City to the awarded vendor for all t-shirts. SAMPLES. o Respondents may be required to furnish samples for evaluation prior to award. Samples furnished must conform to the specifications herein and any deviations must be clearly marked. When required, samples shall be furnished within seven (7) calendar days upon request at vendor’s expense. Samples not provided in accordance with the specifications or within the time specified may result in rejection of response. DETAILED SPECIFICATIONS CFR & CPD Uniform and Equipment 17 RFP #11-24 o The successful Vendor(s) samples may be retained by the City for comparison with products delivered under the contract. o All samples provided (including return thereof) shall be at the expense of the respondent. o Samples will be returned upon request; otherwise, samples will become property of the City of Clearwater ten (10) days after award of the contract. o The awarded vendor may be required to provide, at no cost to the City, one (1) set of sizing samples for each of the following items (or approved alternate): a) Southeastern S/S Shirt- #3203, (Blue) b) Southeastern L/S Shirt # 3103, (Blue) c) Propper Revtac Pant #5274-50, (Navy) d) Red Kap Pants #PT20NV, (Navy) B. CLEARWATER POLICE DEPARTMENT (CPD) SPECIFICATIONS UNIFORMS AND EQUIPMENT. o The vendor shall provide clothing and equipment listed in Exhibit B_CPD Uniform Pricing Sheet. Acceptance of alternate item(s) will be at the sole discretion of the City. o The City reserves the right to order clothing and equipment on an as-needed basis during the contract period. o The vendor will be responsible for sizing all new CPD personnel at CPD facilities or have a local location for personnel to go to for this purpose. SILK SCREENING. All required silk screening shall be provided by the awarded Vendor(s) to include but not be limited to “POLICE” in one-inch (1”) navy blue lettering on Occulx vest printed vertically on both sides of chest directly onto hi-visibility stripes and “POLICE” in three-inch (3”) silver reflective lettering printed across the back atop a rectangular, reflective, strip to be stitched to the back of the vest. SHIRT ZIPPERS. o Vendor will procure and attach zippers to all Elbeco TexTrop2 shirts. Zippers shall match the color of the shirt as closely as possible. UNIFORM CLASSES. o The two (2) uniform classes, “A” and “B” are detailed in Exhibit B_CPD Uniform Pricing Sheet. SAMPLES. o Respondents may be required to furnish samples for evaluation prior to award. Samples furnished must conform to the specifications herein and any deviations must be clearly marked. When required, samples shall be furnished within seven (7) calendar days upon request at vendor’s expense. Samples not provided in accordance with the specifications or within the time specified may result in rejection of response. o The successful Vendor(s) samples may be retained by the City for comparison with products delivered under the contract. o All samples provided (including return thereof) shall be at the expense of the respondent. o Samples will be returned upon request; otherwise, samples will become property of the City of Clearwater ten (10) days after award of the contract. DETAILED SPECIFICATIONS CFR & CPD Uniform and Equipment 18 RFP #11-24 4. ADDITIONAL SCOPE OF WORK FITTINGS & ALTERATIONS o The awarded Vendor(s) shall have the capabilities, facilities, and equipment necessary to fit any and all employees with the proper size, color, style, and quantity of apparel and/or shoes specified herein. Successful Vendor(s) shall also have on hand at their facility qualified personnel to measure and alter uniforms. o The City prefers employees to be fitted for alterations at Clearwater Police Department or at Clearwater Fire and Rescue headquarters. Nevertheless, as required, employees may also be fitted on site at the Vendor(s) facility. All clothing shall be furnished in sizes as required for proper fitting to the individual for whom they are intended. o Alterations/tailoring, embroidery, and the sewing on of all department patches and striping of shirts, jackets, jumpsuits and all clothing listed in the exhibits shall be included in the respective proposal price. The awarded Vendor(s) will provide all alterations, including but not limited to, sleeve length, inseams, and waist adjustments. In addition, the awarded Vendor(s) will provide all required embroidery as directed by the City. o All embroidered department shoulder patches, specialty patches, and chevrons shall be supplied by the City to the Vendor(s) and shall be sewn to the sleeves in a manner consistent with industry standards and as required by CFR and CPD. The City will provide sample patches of each type to the awarded Vendor(s). Refer to Exhibit C_CFR Patch Samples for Clearwater Fire and Rescue and Exhibit D_CPD Patch Samples for Clearwater Police Department. o The polo shirts for CPD will be embroidered with police officer’s names. For patches and striping supplied by the Vendor(s), pricing shall include the cost of furnishing and attaching accessories to the garments as a part of the unit price. PRICING o Successful Vendor(s) shall provide a per unit price for each item listed on the Exhibit A_CFR Uniform Pricing Sheet and Exhibit B_CPD Uniform Pricing Sheet. There is manufacturer/brand/model specification on the itemized list, and unless specified, there are no substitutions allowed. o The city may require additional items and/or services of a similar nature not specifically listed in the Exhibits. Respondents shall provide percentage (%) discount off catalog pricing under TAB 5 – Cost Proposal. o Respondents shall provide a copy of their current catalog with pricing in either physical or digital form. In the event that a manufacturer does not offer a physical or digital price list, another verifiable source such as online retail pricing etc. may be provided. A percentage discount from list price provided by the Vendor(s) will be applied to all products and/or services available from the specified manufacturer. o All prices shall be F.O.B. destination and shall include all delivery costs, alterations, acquisition and attachment of patches, embroidery, silk screening etc. o Respondents shall note on Exhibit A_ CFR Uniform Pricing Sheet and Exhibit B_ CPD Uniform Pricing Sheet any price variations based on size/range of sizes (i.e. tall, extra- large, etc). DETAILED SPECIFICATIONS CFR & CPD Uniform and Equipment 19 RFP #11-24 ORDERING PROCEDURES o CFR Ordering Procedures: A Purchase Request Form will be submitted to the awarded Vendor(s) via email or fax. Once the request form has been verified and approved by CFR and the awarded Vendor(s), the Vendor(s) can proceed with the order. When an order is complete, the awarded Vendor(s) shall provide an invoice containing the employee’s name, description of item, quantity and price to CFR for review and approval. A copy of the Purchase Request Form shall accompany the invoice. o CPD Ordering Procedures: A Purchase Request Form will be submitted to the awarded Vendor(s) via email or fax. Once the request form has been verified and approved by CPD and the awarded Vendor(s), the Vendor(s) can proceed with the order. When an order is complete, the awarded Vendor(s) shall provide an invoice containing the employee’s name, Division and Section/Unit, description of item, quantity and price to CPD for review and approval. A copy of the Purchase Request Form shall accompany the invoice. BACKORDERS o Vendor(s) will be required to notify the designee of CFR and/or CPD when item(s) are backordered by the manufacturer. This notification must include the reason why the item(s) are backordered and the expected day of arrival to the City. Item(s) backordered shall be clearly indicated on the packing slip. The City reserves the right to cancel backorders, at any time, and purchase these items from another vendor. It is the responsibility of the Vendor(s) to contact CFR and/or CPD to verify if they still want the backordered items. SUBSTITUTE ITEMS. o During the term of the contract, pricing adjustments and/or substituted items will require justification and acceptance by the City. If a manufacturer discontinues a garment specified by this contract, the Vendor(s) will identify another garment of equal or greater quality as a substitute and provide a sample. The City will solely determine approval of all substitutes including requested pricing modifications. DELIVERY. o The vendor shall furnish uniforms and equipment in a timely manner with expected delivery not to exceed fifteen (15) business days from the order date. The vendor shall keep a reasonable quantity of items in stock and ready for delivery to accommodate emergency orders. o The City will order clothing per individual employee. The vendor will individually package the orders identifying the employee for whom the order is intended. An order will be deemed satisfied when all items ordered per individual are delivered. All apparel shall be neatly folded and/or packaged. o Each shipment must include a delivery ticket or packing slip and reference the issued purchase order number. o Deliveries for CFR shall be sent to the Clearwater Fire and Rescue (CFR) at 1716 Belcher Rd. Bldg. D, Clearwater, FL, 33765. Deliveries shall be made during normal business hours of 7:30 a.m. to 4:00 p.m., Monday through Friday. o Deliveries for CPD shall be sent to the Clearwater Police Department (CPD), ATTN: Property, 645 Pierce St., Clearwater, FL, 33756. Deliveries shall be made during normal business hours of 8:30 a.m. to 4:30 p.m., Monday through Friday. DETAILED SPECIFICATIONS CFR & CPD Uniform and Equipment 20 RFP #11-24 o Deliveries shall not be made on weekends or City-designated holidays. A list of City designated holidays will be provided to the awarded Vendor(s). o If deliveries are not made within fifteen (15) days after receipt of order, the Logistics Division of Clearwater Fire and Rescue and the Support Services Division of Clearwater Police Department reserves the right to procure the supplies/services elsewhere on the open market, in which event, the extra cost of procuring the supplies/services may be charged against the awarded Vendor(s) and deducted from any monies due or which may become due to vendor. o If the awarded Vendor(s) are unable to fulfill requested supplies/services within the designated time, due to factory delay, strike or any unforeseen circumstances, the awarded Vendor(s) shall notify the Logistics Division of the Clearwater Fire and Rescue Department and the Support Services Division of the Clearwater Police Department of the delay and the anticipated delivery date to mitigate any delayed delivery penalties. 5. RESPONSIBILITY FOR ERRORS. The City shall notify vendor within seven (7) calendar days after receipt of any incorrectly ordered, delivered, defective or poor-quality order. Vendor shall, as requested by the City, pick-up such non-conforming or defective order within five (5) calendar days after notification. The responsible party shall absorb all costs associated to correct the defect. No service charges for items returned as a result of damage, unacceptable quality, incorrect deliveries or overage shall be invoiced to the City. The vendor shall be responsible for corrections and revisions resulting from its errors or misunderstandings. The City shall not be responsible for mistakes if the Purchase Request Form is not signed and dated. The vendor shall assume all risk for errors if no signed proof is submitted. 6. EXPERIENCE AND REFERENCES. Respondents shall include their experience and qualifications in providing similar services under TAB 2 – Demonstrated Experience and Qualifications. A minimum of three (3) references, preferably from other public entities for which similar services have been provided, within the past five (5) years, are required under TAB 4 - 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. 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 DETAILED SPECIFICATIONS CFR & CPD Uniform and Equipment 21 RFP #11-24 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 #11-24 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 CFR & CPD Uniform and Equipment 22 RFP #11-24 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. March 2024 – February 2025 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Three (3), One (1) year renewal option is available at the City’s discretion. 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 proposal. a. 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 proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. b. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month 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). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. 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 the one (1) year renewal term. d. No fuel surcharges will be accepted. RESPONSE ELEMENTS CFR & CPD Uniform and Equipment 23 RFP #11-24 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, three (3) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: If submitting proposals electronically, copies are not required. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non- responsive to this RFP. Table of Contents: Identify contents by tab and page number. TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: a. The respondent’s understanding of the work to be performed. b. A positive commitment to perform the service within the time period specified. c. The names of key persons, representatives, project managers who will be the main contacts for the city. TAB 2 – Demonstrated Experience and Qualifications. The following information should be included: A statement of qualifications, abilities, experience, and expertise in providing the requested services as described under the RFP. a. Highlight the experience and qualifications that distinguish your company from competitors. b. Other current contractual obligations defining the Respondents capability to undertake and successfully fulfill the obligations proposed. c. Key staff proposed for the duration of this contract to include relevant details on key staff experience and qualifications. TAB 3 – Methodology and Approach. Respondents shall provide comprehensive narrative statements that describe their methodology and approach in performing the Scope of Services outlined in this RFP. TAB 4 – References: A minimum of three (3) references, preferably from other public entities for which similar services have been provided, within the past five (5) years, are required. Each reference shall include the name of the entity, date of services, description of services, address, contact person, telephone number, and email address. TAB 5 - Cost Proposal. The following section shall include but not be limited to: a. Exhibit A_CFR Uniform Pricing Sheet b. Exhibit B_CPD Uniform Pricing Sheet c. Any price variations based on size/range of sizes (i.e. tall, extra-large, etc). and indicate if uniforms have sustainable material. d. Additional percentage discount off catalog pricing for items and/or services not listed in the Exhibits. TAB 6 – Forms. The following forms should be completed and signed: a. Exceptions/Additional Materials/Addenda form b. Vendor Information form c. Vendor Certification of Proposal form d. Scrutinized Companies form(s) as required e. E-Verify Eligibility form f. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA CFR & CPD Uniform and Equipment 24 RFP #11-24 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 CFR & CPD Uniform and Equipment 25 RFP #11-24 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 CFR & CPD Uniform and Equipment 26 RFP #11-24 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 CFR & CPD Uniform and Equipment 27 RFP #11-24 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 CFR & CPD Uniform and Equipment 28 RFP #11-24 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 CFR & CPD Uniform and Equipment 29 RFP #11-24 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 CFR & CPD Uniform and Equipment 30 RFP #11-24 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #11-24, CFR & CPD Uniform and Equipment Due Date: February 6, 2024, 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 #11-24, CFR & CPD Uniform and Equipment Due Date: February 6, 2024, 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) Galls, LLC 2) Signal 15, Inc 1340 Russell Cave Rd 7500 Ulmerton Rd, Ste 24 Lexinton, KY 40505 Largo, FL 33771 844-464-2557 727.536.8233 ADVERTISED: TAMPA BAY TIMES 1/10/2024 POSTED:myclearwater.com 01/05/2024-02/06/2024 Due/Opening: February 6, 2024; 10:00 a.m. REQUEST FOR PROPOSAL No. 11-24 CLEARWATER FIRE AND RESCUE & CLEARWATER POLICE DEPARTMENT UNIFORMS & EQUIPMENT Solicitation Response Listing FOR THE CITY OF CLEARWATER February 13, 2024 NOTICE OF INTENT TO AWARD The Selection Committee and the Procurement Division recommend award of RFP No. 11-24, Clearwater Fire & Rescue and Clearwater Police Department Uniforms and Equipment to both Galls LLC and Signal 15, Inc., for a period of one (1) year with three (3), one (1) year renewal terms at City’s option. This award will be considered by Council in the near future. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst at (727) 444-7902, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Leslie Greve Leslie Greve Procurement Analyst RFP# 11-24 Clearwater Fire and Rescue and Clearwater Police Department Uniforms & Equipment PREPARED FOR CITY OF CLEARWATER PREPARED BY Galls LLC bidreview@galls.com TABLE OF CONTENTS Page 3 ....................................................................................................... Tab 1 Page 4 ....................................................................................................... Tab 2 Page 6 ....................................................................................................... Tab 3 Page 9 ....................................................................................................... Tab 4 Page 10 and attached separately .............................................................. Tab 5 Page 12 ..................................................................................................... Tab 6 February 5, 2024 City of Clearwater Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 Re: REQUEST FOR PROPOSALS#11-24 - Clearwater Fire and Rescue and Clearwater Police Department Uniforms & Equipment Galls, LLC (“Galls”) is excited about the opportunity to service Clearwater for your public safety uniform needs and look forward to becoming a key Partner if awarded. Galls has been in business for over 56 years servicing the public safety market; specializing in law, fire, security, corrections, emergency medical services, federal government, military, postal, corporate and transit uniforms and equipment. More than 68% of all law agencies nationwide make purchases from Galls. We are proud to serve America’s public safety professionals. Galls has experience in the exact model we are proposing, and it has led to successful transitions for customers just like Clearwater Fire and Rescue and Clearwater Police Department. We are confident that Galls is the right partner to satisfy and exceed the goals for this program. We appreciate the consideration and look forward to servicing Clearwater for the duration of the Contract if selected for award. Please feel free to reach out directly to the contact below with any questions regarding our proposal. Thank you, David Adams Lead Contract Management Specialist bidreview@galls.com Galls, LLC RFP #11-24 City of Clearwater Galls, LLC Response TAB 2 - DEMONSTRATED EXPERIENCE AND QUALIFICATIONS Galls, LLC (“Galls”) has been in business for over 56 years servicing the Public Safety market; specializing in law, fire, security, corrections, emergency medical services, federal government, military, postal and transit uniforms, footwear, and equipment. Galls is headquartered in Lexington, KY and employs more than 1,500 people. Galls generates over $500 million in annual sales by servicing over one million individuals and 68% of all public safety agencies annually. Our goal to is to make sure that we can be proud of the service and products we provide. Our core customers constantly put their lives on the line to protect the people in this country and we want to show them that we are as dedicated to them as they are to us. We are proud to serve America's Public Safety Professionals. Galls has vast experience in providing the types of items required by the Scope of Work, along with any alterations, sizing, embroidery (including multi-color), sewing, or other services required by Public Safety Professionals. With our industry leading facilities, Galls has everything Clearwater needs in- house. This means fewer backorders, more accurate service, and a reduced lead-time for delivery. With Galls logistics network and resources, we are prepared to assist Clearwater in your uniform needs now, as well as any changing uniform needs in the future. Galls, recognized as the premier national distributor of uniforms and duty gear, proudly offers a wealth of expertise and qualifications that set us apart in delivering unparalleled services as outlined in the Request for Proposal (RFP). a.Company Distinctions: Galls distinguishes itself through a longstanding position of prominence in the industry, solidifying our status as the provider of choice for duty uniforms and associated equipment for both Clearwater Fire and Rescue (CFR) and the Clearwater Police Department (CPD). Our established affiliations with all manufacturers listed in Exhibit A and Exhibit B underscore our ability to source and supply high-quality clothing and equipment. Notably, our comprehensive suite of services, covering customization applications such as embroidery, patch applications, silk-screening, zipper additions, and alterations, further differentiates us from competitors. b.Current Contractual Obligations: In addition to our commitment to Bid #11-24, Galls has a proven track record of successfully fulfilling concurrent contractual obligations by servicing over 2000 Law Enforcement and Fire agencies nationwide. We also hold around 30 formal LEO and Fire contracts/ piggybacks in the State of Florida currently. Our capability to manage and execute multiple contracts simultaneously speaks to our organizational efficiency and dedication to meeting client needs. c.Key Staff Qualifications: Galls is equipped with a team of key staff members who are proposed for the duration of the contract, each possessing relevant experience and qualifications. Our staff's collective expertise ensures the seamless execution of all aspects of the contract. Specific details on key staff members, including their CLEARWATER FIRE AND RESCUE AND CLEARWATER POLICE DEPARTMENT UNIFORMS AND EQUIPMENT RFP #11-24 City of Clearwater Galls, LLC Response 2 qualifications and experience are below demonstrating our commitment to transparency and accountability. Business Development Representative: •John Perkins •Facilitates the onboarding process for both agencies. •Manages bid submissions, addresses questions, and provides pricing information. •Coordinates online ordering setup if applicable. •Oversees the handling of samples and customization to meet bid specifications. •Manages product substitutions. Inside Account Manager: •Chloe Banks •Provides additional support to John Perkins. •Assists in the onboarding of both agencies. •Manages bid submissions, addresses questions, and provides pricing information. •Coordinates online ordering setup if applicable. •Manages samples and assists with product substitutions. Regional Branch Manager: •Marisol Morales •Branch Manager at our Orlando Facility. •Manages stocking and customization processes for garments. Branch Services Representatives (BSR): •Andrea and David Valinski •Support onsite fittings of agency employees. •Conduct sizing and fitting sessions, as necessary. Thank you for considering Galls as your trusted partner for uniform and duty gear services. We look forward to the opportunity to contribute to the success of Clearwater Fire and Rescue and the Clearwater Police Department. RFP #11-24 City of Clearwater Galls, LLC Response 3 TAB 3 - METHODOLOGY AND APPROACH Galls has a fully staffed Inventory Management Department (“IM”) that is responsible for purchasing and managing our inventory. On average Galls holds approximately $100M in on-hand inventory. The IM department utilizes an integrated inventory management forecasting system which is fully automated. The system uses complex algorithms to compute current and future needs on finished goods inventory. Galls’ IM Team reviews electronic data provided by the system and then adds human logic as well as customer input. Purchase Orders are then released for finished goods to our vendors. This process considers constraints such as lead time, process time, cycle time, instability in order patterns, and historical demand. For many of our large programs we have negotiated with vendors to hold safety stock levels which allow us to react quicker on replenishment needs. Galls provides multi-point inspections to every item we intake, alter, sell, and deliver. At each of these steps, a quality check is performed, so we can ensure that only the highest quality goods enter or leave our facilities. In the event of an issue, Galls documents every step along the way to find where it occurred and ensure it does not happen again. Galls retains stock of many items for quick turnaround in the rare event of a quality concern. Galls adopts a strategic and comprehensive methodology, specifically designed to seamlessly provide clothing and equipment outlined in Exhibit A CFR and Exhibit B CPD Uniform Pricing Sheet. Our approach, known as the Galls Onboarding Process, ensures a systematic and customized implementation for all new accounts, including Clearwater Fire and Rescue (CFR) and Clearwater Police Department (CPD). A step-by-step outline of the process can be found below: 1.Account Setup and Point of Contacts: •Our dedicated team initiates the process by establishing unique accounts with accuratepoint-of-contacts. •Understanding the best practices of each department regarding invoicing and billing is apriority. 2.Uniform Program Customization: •The identified items from the bid are incorporated into a tailored uniform program within oursystem. •Specific customizations are set up, and samples or customization sew-outs are producedduring this phase. 3.Stakeholder Engagement: •Concurrently, our Regional Account Representative collaborates with stakeholders tocomprehend the department's preferred ordering methods, fitting procedures, and logistics. •Understanding the department's business preferences is crucial for the successfulimplementation of the uniform program. 4.Inventory Planning and Pre-Planning: •Upon approval of samples and a clear understanding of the department's businesspractices, we commence pre-planning inventory at regional store locations and our main750K sqft warehouse in Lexington, KY. •Size runs are dispatched if necessary, ensuring readiness to meet delivery requirementswithout stockouts. 5.Online Ordering Portal Setup: •Simultaneously, we offer the option to set up an online ordering portal tailored to the specific RFP #11-24 City of Clearwater Galls, LLC Response 4 needs of the department. •Benefits of the online platform include real-time order tracking, items specific to thedepartment's uniform program, allotment tracking, and 24/7 access to Galls offerings. 6.Product Delivery and Implementation: •With products stocked in inventory, accounts set up, and a clear plan for communicationwith end-users, Galls initiates the seamless provision of duty uniforms and associatedequipment for both Clearwater Fire and Rescue and Clearwater Police Department. This proven methodology reflects our commitment to precision, customer-centricity, and efficient implementation. By tailoring our approach to each department's unique requirements, we ensure a seamless and successful partnership with Clearwater Fire and Rescue and Clearwater Police Department. Please see attached Exhibits C and D for our eQuip software Specifications and User Guide respectively Thank you for considering Galls for your uniform and equipment needs. We look forward to the opportunity to demonstrate our commitment and capabilities. GALLS ONLINE OPTION Galls has an optional proprietary eQuip software which can be customized and tailored to Clearwater’s unique needs. Each user is able to have a unique passoword secured login that is tied directly to our contract, and can access the website 24/7 through a computer or mobile device, and each user’s access can be fine tuned from view only to full access to contract items. Contract items can be anything from stock items to fully custom item kits. This means that only users approved by Clearwater can access the website, and each user will only be able to see the items they are approved for, with full descriptions and photos, at the contract prices. Galls can provide training for Administrative staff, individual employees, and will also provide self service training materials if needed. Administrative staff will also have the ability to add or delete items as the needs of Clearwater change, and with Galls inventory and selection being the largest in the inventory, you’ll have the ability to pivot as needed and stay up to date on all the latest equipment. eQuip is designed to be user friendly and familiar, so if you have ordered items from an online retailer before, you will find eQuip to be simple and efficient to use! When placing an order, an employee will see their approved items, which means that each user will have items that are a fit for their location and its regulations and requirements. Items can be pre- approved by Clearwater on an individual employee level, or set to require a secondary approval if needed. Once an order is placed, a user can come back to the website to track their order’s progress at any time, and if they provide an email or phone number they will even be sent notifications at every step of the order process from Order Received to Delivered or Ready for Pickup. Because of Galls first class logistics and inventory system, once a user places an approved order, it immediately starts processing, so there is no delay from order placement to the beginning of order fulfillment. GALLS ACCOUNTING AND REPORTING OPTIONS Galls has a dedicated Accounting team specifically to ensure billing is accurate, timely, and tailored to the needs of our customers. With many of our customers being in the public sector, our billing is often open for public review, so it has to be correct and efficient. If Galls is awarded, Clearwater will have their own dedicated Accounting team member assigned to ensure that there is a point of contact available to discuss billing at any time. Current and historical invoices are available to view online to approved Clearwater Administrators. Invoices can be directed to individual branches or a centralized account email address. Each shipment will have a physical invoice with it, and we can provide electronic invoices in common formats such as PDF. In the unlikely event of a discrepancy, Clearwater can contact their designated Galls representative, and any funds can be credited to the account or refunded. All invoices, documents, and RFP #11-24 City of Clearwater Galls, LLC Response 5 records will be retained for the duration of the contract, or until such a time as Clearwater requires their destruction. Through eQuip, Clearwater will have customizable detailed reports at their fingertips 24 hours per day, 365 days per year. This makes tracking KPI easier, and allows up to the minute tracking of expenses. Any user identified as an Administrator can request reports, and each Administrator’s access can be limited to their specific area. Available reports include: •Allotment Report •Allowance Report •Order History Sales Report •Itemized Sales Report •Allotment Activity Report •Unit Allotment Activity Report •Backorder Report •Dropship Report •Awaiting Pickup Report •Unclaimed Merchandise Report •Top Vendors Report •Fill Rate Report Within these offerings, specific parameters and filters can be set, such as date range, order status, location, department, and individual reports. This ensures that Adminsitrators only receive the information they need, in the format they need it. In addition to the reports available to Clearwater at any time, Galls will also be ready to set up quarterly or yearly reviews where we can discuss the current status of the uniform program. At these meetings, we can discuss what aspects of the program are working, which could use improvement, and any specific areas where efficiency can be improved. This is in addition to the dedicated staff available to Clearwater who can help tweak the program to suit daily needs. RFP #11-24 City of Clearwater Galls, LLC Response 6 TAB 4 - REFERENCES With more than 800 active contracts with agencies of all sizes throughout the United States, Galls has experience in the exact field and with the exact items as described in this RFP. We have selected the following customers who we believe show our depth of experience in transit organizations with similar requirements to those required by Clearwater Police and Fire Departments as described in the RFP documents: 1.Atlanta Police Department a.226 Peachtree St SW Atlanta GA 30303 b. Contact: Marshall Freeman i.404-546-2666 ii.mafreeman@atlantaga.gov c.Contract Period: 2019-present, approx. $1.5 million in annual spend.d.Galls provides uniforms and duty gear for APD, including measurements, alterations,embellishments, repairs and replacements. 2.Tallahassee Police Department a.234 E 7th Ave., Tallahassee, FL 32303 b. Contact: Cassie Wheeler i.850-891-4236 ii.Cassie.wheeler@talgov.com c.Contract period: 2016-present, approx. $250k in annual spend. d.Gall provides uniforms, duty gear, and equipment to Tallahassee PD, includingmeasurements, alterations, embellishments, and website services. 3.Orange County Fire Rescue a.400 Gaston Foster Road, Orlando, FL 32807 b. Contact: Susie Verdier i.407-254-7774 ii.Susie.verdier@ocfl.net c.Contract period: 2021-present, approx. $750k in annual spend. d.Galls provides uniforms and duty gear to Orange County Fire Rescue, includingmeasurements, off the shelf items, alterations, and embellishments. Re: Galls Price Variations Based on Size Galls, LLC (“Galls”) is excited about the opportunity to service Clearwater for your public safety uniform needs and look forward to becoming a key Partner if awarded. Galls has been in business for over 56 years servicing the public safety market; specializing in law, fire, security, corrections, emergency medical services, federal government, military, postal, corporate and transit uniforms and equipment. More than 68% of all law agencies nationwide make purchases from Galls. We are proud to serve America’s public safety professionals. You will find our pricing attached as Exhibits A and B. Regarding our pricing, Galls would like to clarify that we can provide all manufacturer’s sizes for the items we are bidding. For the size range column, you will note that some items have size ranges listed. These items are available in extended sizing for an additional charge, which you will find listed below: • Clearwater Fire and Rescue o Row 9 – 2X: $31.00, 3X-4X: $33.00 o Row 10 - 18-19x38: $39.00, 19.5-20x41: $42.00, 21-22x42: $46.00 o Row 11 – 2X-4X: $19.99 o Row 12 – 2X-4X: $20.99 o Row 14 – Long sizes: $83.00 o Row 18 – 2X: $31.00 o Row 19 - 18-19X38: $39.00, 19.5-20X41: $42.00. 21-22X42: $46.00 o Row 33 – 2X-4X: $19.99 o Row 34 – 2X-4X: $20.99 o Row 36 – 2X: $31.00 o Row 41 – 2X-4X: $19.99 o Row 42 – 2X-4X: $20.99 o Row 45 – 2X: $31.00 o Row 51 – 2X: $31.00 o Row 52 – 18-19X38: $39.00, 19.5-20X41: $42.00, 21-22X42: $46.00 o Row 53 – 2X-4X: $19.99 o Row 54 - 2X-4X: $20.99 o Row 59 – 18-19X38: $39.00, 19.5-20X41: $42.00, 21-22X42: $46.00 o Row 67 - 18-19X38: $39.00, 19.5-20X41: $42.00, 21-22X42: $46.00 o Row 68 – 18-19X38: $39.00, 19.5-20X41: $42.00, 21-22X42: $46.00 o Row 69 – 2X-4X: $19.99 o Row 70 – 2X-4X: $20.99 • Clearwater Police Department o Row 15 – 2X: $63.00, 3X: $65.00, 4X: $70.00, 5X: $90.00 o Row 16 – 2X: $55.00, 3X: $58.00, 4X: $65.00, 5X: $85.00 o Row 17 – 44-50: $80.00, 52-54: $85.00 o Row 23 – 2X: $63.00, 3X: $65.00, 4X: $70.00, 5X: $90.00 o Row 24 – 2X: $55.00, 3X: $58.00, 4X: $65.00, 5X: $85.00 o Row 25 – 44-50: $80.00, 52-54: $85.00 o Row 28 – 2X: $130.00, 3X: $140.00, 4X: $150.00, 5X-6X: $200.00 o Row 35 – 2X: $53.50, 3X: $58.50, 4X: $63.50 o Row 36 – 2X: 2X: $50.50, 3X: $53.50, 4X: $58.50 We appreciate the consideration and look forward to servicing Clearwater for the duration of the Contract if selected for award. Please feel free to reach out directly with any questions regarding our proposal. Thank you, David Adams Lead Contract Management Specialist bidreview@galls.com Galls, LLC EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA CFR & CPD Uniform and Equipment 24 RFP #11-24 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: X X Clearwater Fire & Rescue Pricing (Exhibit A)Clearwater Police Pricing (Exhibit B)Galls eQuip specifications (Exhibit C) Galls eQuip user guide (Exhibit D) N/A Galls, LLC 2/5/2024 VENDOR INFORMATION CFR & CPD Uniform and Equipment 25 RFP #11-24 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. Galls, LLC 1340 Russell Cave Road Lexington KY 40505 844-464-2557 877-914-2557 bidreview@galls.com www.galls.com 04-259-8482 PO Box 505614 St. Louis MO 63150 David Adams 877-914-2557 859-787-0428 bidreview@galls.com John Perkins 877-914-2557 850-324-5794 perkins-john@galls.com VENDOR CERTIFICATION OF PROPOSAL CFR & CPD Uniform and Equipment 26 RFP #11-24 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: Galls, LLC Mike Fadden CEO 2/5/2024 SCRUTINIZED COMPANIES FORMS CFR & CPD Uniform and Equipment 27 RFP #11-24 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 Mike Fadden CEO Galls, LLC Kentucky Fayette 5th February 24 Mike Fadden CEO Galls, LLC X Tiffany Brewer 2/12/2027 SCRUTINIZED COMPANIES FORMS CFR & CPD Uniform and Equipment 28 RFP #11-24 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 CEO Mike Fadden Galls, LLC Kentucky Fayette 5th February 24 Mike Fadden CEO Galls, LLC X Tiffany Brewer 2/12/2027 E-VERIFY ELIGIBILITY FORM CFR & CPD Uniform and Equipment 29 RFP #11-24 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 Mike Fadden CEO Galls, LLC Kentucky Fayette 5th February 24 Mike Fadden CEO Galls, LLC X Tiffany Brewer 2/12/2027 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 3.2 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) 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. ✔ 1340 RUSSELL CAVE ROAD LEXINGTON, KY 40505 82 – 4099469 1/2/2024 Galls Parent Holdings, LLC Galls, LLC (FEIN 20-3545989) INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE QBE Insurance Corporation General Casualty Company of Wisconsin Praetorian Insurance Company The Cincinnati Insurance Company North Pointe Insurance Co 3/01/2023 USI Insurance Services LLC 312 Elm Street, 24th Floor Cincinnati, OH 45202 513 852-6300 Molly Geiger 513 852-6300 513 852-6428 Molly.Geiger@usi.com Galls LLC 1340 Russell Cave Road Lexington, KY 40505 39217 24414 37257 10677 27740 A X X X 171000318 03/01/2023 03/01/2024 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 E X X X 161000042 03/01/2023 03/01/2024 1,000,000 B X X X 10,000 191000210 03/01/2023 03/01/2024 10,000,000 10,000,000 C N 152000028 03/01/2023 03/01/2024 X 1,000,000 1,000,000 1,000,000 D Excess Liability EXS0570374 03/01/2023 03/01/2024 $15,000,000 Evidence of Insurance Evidence of Insurance 1 of 1 #S39235734/M39150614 GALLSLLC11Client#: 1778682 MXGA2 1 of 1 #S39235734/M39150614 Page 1 of 3 Exhibit A - Uniform Pricing Sheet *Note: All patches will be provided to the Vendor by Clearwter Fire Rescue. Description Brand Style # DESCRIPTION OF PATCHES*/EMBROIDERY Class A Uniform Qty Class C Uniform Qty Daily Unifor m Price EACH (USD) Size or Size Range Is Material Sustainable Y/N Uniforms NEW HIRE ALLOTMENT SOFT SHELL JACKET, BLACK ROTHCO 9834 DEPARTMENT PATCH AND DESIGNATION PATCH 1 90.00$ All N PANTS, STATION NAVY RED KAP PT20NV 6 17.39$ All N SHIRTS, SHORT SLEEVE BLUE SOUTH EASTERN 3203 DEPARTMENT PATCH AND DESIGNATION PATCH 6 28.00$ SM-XL N SHIRTS, LONG SLEEVE BLUE SOUTH EASTERN 3103 DEPARTMENT PATCH AND DESIGNATION PATCH 1 36.00$ SM-XL N T-SHIRTS, SHORT SLEEVE NAVY ANY 50/50 COTTON BLEND SILKSCREEN DEPARTMENT LOGO & FIRE MEDIC ON FRONT, CLEARWATER FIRE AND RESCUE ON BACK, WHITE FONT COLOR. 8 16.46$ SM-XL N T-SHIRTS, LONG SLEEVE NAVY ANY 50/50 COTTON BLEND SILKSCREEN DEPARTMENT LOGO & FIRE MEDIC ON FRONT, CLEARWATER FIRE AND RESCUE ON BACK, WHITE FONT COLOR. 3 17.72$ SM-XL N SHORTS, BDU ZIPPER NAVY PROPPER F526155305 2 20.52$ All N JUMPSUIT, NAVY RED KAP CP40NV DEPARTMENT PATCH, DESIGNATION PATCH, BADGE PATCH ALL ON FRONT, CLEARWATER FIRE & RESCUE SILKSCREEN ON BACK. 1 53.00$ All Regular N HAT, BALLCAP NAVY ANY ANY CLEARWATER FIRE RESCUE EMBROIDERY 1 18.00$ All N TIE, CLIP-ON BLACK 90049 1 3.67$ All N PROMOTION TO LIEUTENANT SHIRTS, SHORT SLEEVE WHITE SOUTH EASTERN 3202 DEPARTMENT PATCH AND DESIGNATION PATCH 6 $ 28.00 SM-XL N SHIRTS, LONG SLEEVE WHITE SOUTH EASTERN 3102 DEPARTMENT PATCH AND DESIGNATION PATCH 1 36.00$ SM-XL N JACKET, BLAZER DARK NAVY FLYING CROSS N/A DEPARTMENT PATCH, GOLD BRAIDS, GOLD MALTESE CROSS 1 277.38$ All N TROUSERS, DRESS DARK NAVY N/A N/A 1 85.00$ All N CAP, BELL CROWN WHITE CUSTOM N/A N/A 1 57.14$ All N SHOES, HI GLOSS OXFORD BATES 22141 1 61.43$ All N PROMOTION TO CHIEF Moisture Wicking Polo Shirt Short Sleeve, WHITE PROPPER ICE N/A EMBROIDERED TITLE AND NAME IN BLACK AND CFR LOGO 5 55.00$ All N PANTS, CLASSIC CARGO TRU-SPEC 1186 6 38.80$ All N PANTS, STATION BLACK RED KAP PT20BK 6 17.39$ All N ALTERATION TO CLASS A BLAZER FLYING CROSS N/A GOLD BRAIDS/SERVICE YEARS ADDED 15.00$ All N Request for Proposal #11-24, Clearwater Fire & Rescue Vendor Name: __________________________________________ Page 2 of 3 Exhibit A - Uniform Pricing Sheet *Note: All patches will be provided to the Vendor by Clearwter Fire Rescue. Description Brand Style # DESCRIPTION OF PATCHES*/EMBROIDERY Class A Uniform Qty Class C Uniform Qty Daily Unifor m Price EACH (USD) Size or Size Range Is Material Sustainable Y/N Request for Proposal #11-24, Clearwater Fire & Rescue FIRE FIGHTER/FIRE MEDIC/DRIVER OPERATOR ANNUAL UNIFORM ALLOTMENT PANTS, STATION NAVY RED KAP PT20NV MIX AND MATCH, 3 TOTAL PANTS 3 17.39$ All N PANTS, TACTICAL NAVY PROPPER 25214 MIX AND MATCH, 3 TOTAL PANTS 3 40.01$ All N SHORTS, BDU ZIPPER NAVY PROPPER F526155305 2 20.52$ All N T-SHIRTS, SHORT SLEEVE NAVY ANY 50/50 COTTON BLEND SILKSCREEN DEPARTMENT LOGO & TITLE ON FRONT, CLEARWATER FIRE AND RESCUE ON BACK, WHITE FONT COLOR.6 16.46$ SM-XL N T-SHIRTS, LONG SLEEVE NAVY ANY 50/50 COTTON BLEND SILKSCREEN DEPARTMENT LOGO & TITLE ON FRONT, CLEARWATER FIRE AND RESCUE ON BACK, WHITE FONT COLOR.3 17.72$ SM-XL N JUMPSUIT, NAVY RED KAP CP40NV DEPARTMENT PATCH, DESIGNATION PATCH, BADGE PATCH ALL ON FRONT, CLEARWATER FIRE & RESCUE SILKSCREEN ON BACK. 1 53.00$ All N SHIRTS, SHORT SLEEVE BLUE SOUTH EASTERN 3203 DEPARTMENT PATCH AND DESIGNATION PATCH 1 28.00$ SM-XL N LIEUTENANT ANNUAL UNIFORM ALLOTMENT PANTS, STATION NAVY RED KAP PT20NV MIX AND MATCH, 3 TOTAL PANTS 3 17.39$ All N PANTS, TACTICAL NAVY PROPPER 25214 MIX AND MATCH, 3 TOTAL PANTS 3 40.01$ All N SHORTS, BDU ZIPPER NAVY PROPPER F526155305 2 20.52$ All N T-SHIRTS, SHORT SLEEVE GREY ANY 50/50 COTTON BLEND SILKSCREEN DEPARTMENT LOGO & TITLE ON FRONT, CLEARWATER FIRE AND RESCUE ON BACK, BLUE FONT COLOR. 6 16.46$ SM-XL N T-SHIRTS, LONG SLEEVE GREY ANY 50/50 COTTON BLEND SILKSCREEN DEPARTMENT LOGO & TITLE ON FRONT, CLEARWATER FIRE AND RESCUE ON BACK, BLUE FONT COLOR. 3 17.72$ SM-XL N T-SHIRT, SHORT SLEEVE WHITE ANY 50/50 COTTON BLEND PLAIN WHITE SHIRT 1 5.00$ All N JUMPSUIT, NAVY RED KAP CP40NV DEPARTMENT PATCH, DESIGNATION PATCH, BADGE PATCH ALL ON FRONT, CLEARWATER FIRE & RESCUE SILKSCREEN/HEAT PRESS ON BACK. 1 53.00$ All N SHIRTS, SHORT SLEEVE WHITE SOUTH EASTERN 3202 DEPARTMENT PATCH AND DESIGNATION PATCH 1 28.00$ SM-XL N CHIEF ANNUAL UNIFORM ALLOTMENT PANTS, STATION BLACK RED KAP PT20BK MIX AND MATCH, 3 TOTAL PANTS 3 17.39$ All N PANTS, CLASSIC CARGO BLACK TRU-SPEC 1186 MIX AND MATCH, 3 TOTAL PANTS 3 38.80$ All N PANTS, SUPERVISOR 100% POLY BLACK SOUTH EASTERN 9009 MIX AND MATCH, 3 TOTAL PANTS 3 34.61$ All N MOISTURE WICKING POLO SHIRT SHORT SLEEVE, WHITE CORNER STONE N/A EMBROIDERED TITLE AND NAME IN BLACK AND CFR LOGO 5 55.00$ All N SHIRTS, SHORT SLEEVE WHITE SOUTH EASTERN 3202 DEPARTMENT PATCH AND DESIGNATION PATCH 2 28.00$ SM-XL N SHIRTS, LONG SLEEVE WHITE SOUTH EASTERN 3102 DEPARTMENT PATCH AND DESIGNATION PATCH 1 36.00$ 14-17.5x37 N T-SHIRTS, SHORT SLEEVE WHITE ANY 50/50 COTTON BLEND SILKSCREEN/HEAT PRESS DEPARTMENT LOGO AND TITLE ON FRONT IN BLACK FONT COLOR. NOTHING ON BACK.6 16.46$ SM-XL N T-SHIRTS, LONG SLEEVE WHITE ANY 50/50 COTTON BLEND SILKSCREEN/HEAT PRESS DEPARTMENT LOGO AND TITLE ON FRONT IN BLACK FONT COLOR. NOTHING ON BACK.3 17.72$ SM-XL N Vendor Name: __________________________________________ Page 3 of 3 Exhibit A - Uniform Pricing Sheet *Note: All patches will be provided to the Vendor by Clearwter Fire Rescue. Description Brand Style # DESCRIPTION OF PATCHES*/EMBROIDERY Class A Uniform Qty Class C Uniform Qty Daily Unifor m Price EACH (USD) Size or Size Range Is Material Sustainable Y/N Request for Proposal #11-24, Clearwater Fire & Rescue INSPECTORS ANNUAL UNIFORM ALLOTMENTPANTS, STATION BLACK RED KAP PT20BK MIX AND MATCH, 3 TOTAL PANTS 3 17.39$ All N PANTS, TACTICAL BLACK PROPPER F527450 MIX AND MATCH, 3 TOTAL PANTS 3 No bid - discontinued SHORTS, BDU ZIPPER BLACK PROPPER F526155305 1 20.52$ All N SHIRTS, SHORT SLEEVE WHITE SOUTH EASTERN 3202 DEPARTMENT PATCH AND DESIGNATION PATCH 1 36.00$ 14-17.5x37 N JUMPSUIT, NAVY RED KAP CP40NV DEPARTMENT PATCH, DESIGNATION PATCH, BADGE PATCH ALL ON FRONT, CLEARWATER FIRE & RESCUE SILKSCREEN/HEAT PRESS ON BACK. 1 53.00$ All N MOISTURE WICKING POLO SHIRT SHORT SLEEVE, CHARCOAL PROPPER ICE EMBROIDERED TITLE AND NAME IN SILVER FONT COLOR, CFR LOGO ON FRONT. 5 55.00$ All N COORDINATORS PANTS, STATION BLACK RED KAP PT20BK MIX AND MATCH, 3 TOTAL PANTS 3 17.39$ All N PANTS, CLASSIC CARGO BLACK TRU-SPEC 1186 MIX AND MATCH, 3 TOTAL PANTS 3 38.80$ All N PANTS, SUPERVISOR 100% POLY BLACK SOUTH EASTERN 9009 MIX AND MATCH, 3 TOTAL PANTS 3 34.61$ All N MOISTURE WICKING POLO SHIRT SHORT SLEEVE, WHITE OR CHARCOAL PROPPER ICE EMBROIDERED TITLE AND NAME IN BLACK FONT FOR WHITE AND SILVER FONT COLOR FOR GREY. CFR LOGO ON FRONT. 5 55.00$ All N SHIRTS, SHORT SLEEVE WHITE SOUTH EASTERN 3202 DEPARTMENT PATCH AND DESIGNATION PATCH 2 28.00$ SM-XL N SHIRTS, LONG SLEEVE WHITE SOUTH EASTERN 3102 DEPARTMENT PATCH AND DESIGNATION PATCH 1 36.00$ 14-17.5x37 N T-SHIRTS, SHORT SLEEVE WHITE ANY 50/50 COTTON BLEND SILKSCREEN DEPARTMENT LOGO AND TITLE ON FRONT IN BLACK FONT COLOR. NOTHING ON BACK. 6 16.46$ SM-XL N T-SHIRTS, LONG SLEEVE WHITE ANY 50/50 COTTON BLEND SILKSCREEN DEPARTMENT LOGO AND TITLE ON FRONT IN BLACK FONT COLOR. NOTHING ON BACK. 3 17.72$ SM-XL N HONOR GUARD UNIFORM COAT, MILITARY POLY WOOL BLEND MCBLUE (BLACK)FECH 19B9996C GOLD FD BUTTONS, METAL BADGE TAB, LARGE METAL NECK CLOSURE, #112 RED CORDEDGE ON EPAULETS, V CUFFS, TOP AND BOTTOM COLLAR, 1 572.11$ All N TROUSERS, MILITARY POLY WOOL BLEND FECH 28P8696C #112 RED BRAID 1 95.00$ All N ACCESSORIES HAT, BALLCAP NAVY ANY ANY CLEARWATER FIRE RESCUE EMBROIDERY 1 18.00$ All N SHIRTS, JOBSHIRTS ANY ANY CLEARWATER FIRE RESCUE EMBROIDERY 1 65.00$ All N COLLAR BRASS - ALL RANKS 7.50$ All N Vendor Name: __________________________________________ Request for Proposal #11-24, Clearwater Police Department Exhibit B- Uniform Pricing Sheet *All prices should be entered as "EACH" Description Brand Style #DESCRIPTION OF PATCHES/EMBROIDERY Class A Uniform Qty Class B Uniform Qty Price EACH (USD) Size or Size Range Is Material Sustainable Y/N Uniforms OFFICER MENS UNIFORMS TexTrop2 Mens Long Sleeve Navy Shirts with zipper Elbeco Z314N Department patches, hashmark patch (five years +), possibly chevron patches 1 37.00$ All N Navy Clip On Tie, Navy, Varied Lengths Samuel Broome 90028 1 3.40$ All N Navy Clip On Tie, Navy, Varied Lengths Samuel Broome 90016 1 3.40$ All N Navy Clip On Tie, Navy, Varied Lengths Samuel Broome 90049 1 3.40$ All N 8 Pt Polyester Duty Cap (color: Navy)Midway Cap Co. 1 40.00$ All N 8 Pt Rain Hat Cover for 8 pt hat w/visor Neve's P9014 1 3.33$ All N Textrop2 Mens Short Sleeve Navy Shirts with zipper Elbeco Z3314N 1 32.33$ All N TexTrop2 Mens Pants, 4-pocket, covert stretch waistband, nano moisture wicking in Navy Blue (with light blue stripe) Elbeco E314RN 1 36.00$ All N Flex RS Long Sleeve Armorskin base Dark Navy shirt Blauer 8361 Department patches, possibly chevron patches 1 57.00$ XS-XL N Flex Armorskin Flex RS short Dark Navy sleeve Base Blauer 8362 Department patches, possibly chevron patches 4 52.00$ XS-XL N Flex RS cargo Dark Navy pants Blauer 8665 4 70.00$ 28-42 N OFFICER WOMENS UNIFORMS TexTrop2 Womens Long Sleeve Navy Shirts with zipper Elbeco Z9314LCN Department patches, hashmark patch (five years +), possibly chevron patches 1 37.00$ All N TexTrop2 Womens Short Sleeve Navy Shirt with zipper Elbeco Z9814 1 32.33$ All N Vendor: _______________________________________________________ TexTrop2 Womens Pants, 4-pocket, ladies choice fit waistband, nano moisture wicking in Navy Blue (with light blue stripe) Elbeco E9314LC 1 36.00$ All N Women’s Stretch Tactical Pants Navy Propper F52952Y450 4 41.68$ All N Flex RS Long Sleeve Armorskin base Dark Navy shirt Blauer 8361W 4 57.00$ XS-XL N Flex Armorskin Flex RS Dark Navy short sleeve Base Blauer 8362W Department patches, possibly chevron patches 4 52.00$ XS-XL N Women's FlexRS cargo Dark Navy pants Blauer 8665W 4 70.00$ 28-42 N UNISEX Tactical shorts (summer weight) navy (for bike team or beach team)Propper F5264 4 36.50$ All N Softshell Fleece Navy Jacket Blauer 4660 1 118.00$ XS-XL N PST Men's Performance short sleeve Storm polo shirt 5.11 71049 Embroidered silver or gold Technician badge, embroidered first initial and last name, sometimes reflective heat press on back 5 58.00$ All N Women's Performance short sleeve Storm polo shirt 5.11 61165 Embroidered silver or gold Technician badge, embroidered first initial and last name, sometimes reflective heat press on back (traffic, transport, or CSI) 5 58.00$ All N TexTrop2 Mens Long Sleeve Lt Blue Shirts with zipper Elbeco 313N 1 37.00$ All N Men's Fast-Tac Urban Dark Navy pant 5.11 74461 5 34.00$ All N Women Fast-Tac Urban Dark Navy Pants 5.11 64420 5 34.00$ All N LS Armorskin Base Shirt Gray Blauer 8371 4 48.50$ XS-XL N SS Armorskin Base Shirt Gray Blauer 8372 4 43.50$ XS-XL N POLICE AIDE TexTrop2 Mens Long Sleeve Lt Blue Shirts with zipper Elbeco 313N Police Department patches, Police Aide Rocker Patches, Oval Police Aide Badge patch 1 45.00$ All N TexTrop2 Womens Long Sleeve Lt Blue Shirts with zipper Elbeco 9313LCN Police Department patches, Police Aide Rocker Patches, Oval Police Aide Badge patch 1 45.00$ All N Vendor: _______________________________________________________ UFX tactical polo men's Gray Elbeco 25214 Police Department patches, Police Aide Rocker patches, Oval Police Aide Badge patch, embroidered first initial and last name 2 48.00$ All N SCHOOL CROSSING GUARD Men dry zone carolina Blue polo shirt Port Authority Police Department patches, School Guard Rocker Patches, School graud Badge patch 11.32$ All N Tactical Summer weight LAPD Navy pants Propper F5258 2 40.01$ All N Tactical shorts (summer weight) navy (for bike team or beach team)Propper F5264 2 36.57$ All N VOLUNTEER TexTrop2 Mens Long Sleeve White Shirt with zipper Elbeco Z310N Police Department patches, Volunteer Rocker patches, Oval Volunteer Badge patch 1 45.00$ All N TexTrop2 Womens Long Sleeve White Shirt with zipper Elbeco 9310LCN Police Department patches, Volunteer Rocker patches, Oval Volunteer Badge patch 1 45.00$ All N TexTrop2 Mens Short Sleeve White Shirt with zipper Elbeco Z3310N Police Department patches, Volunteer Rocker patches, Oval Volunteer Badge patch 1 40.00$ All N TexTrop2 Womens Short Sleeve White Shirt with zipper Elbeco 9810LCN Police Department patches, Volunteer Rocker patches, Oval Volunteer Badge patch 1 40.00$ All N Women's Tac Force Lightweight Polo Navy Gall's SM617 Embroidered silver and gold Detective Badge and first initial, last name 1 40.00$ All N Men's Tac Force Lightweight Polo Navy Gall's SM616 Embroidered silver and gold Detective Badge and first initial, last name 1 40.00$ All N OTHER ITEMS Flag Pin -¾” enamel, USA Stars and Stripes Flag, with Gold Border and Tie Tack Backing Blackinton J137 1 2.10$ All N Navy Windbreaker-100% nylon, flannel lined Tact Squad 111N Police Department patches and (School Guard, Volunteer, Police Aid, or Pst rockers)1 25.00$ All N Navy Heavy Jacket W/ Removable Liner SPIEWAK S3609 Police Department patches and (School Guard, Volunteer, Police Aid, or Pst rockers)1 109.83$ All N Rain Coat, Long Black/Lime Reversible - High-Viz Neese 4703RSC3M POLICE in reflective heat press 1 100.00$ All N Rain Coat, Long Yellow - 1600 Series Economy Neese 1650C PLAIN, School Guard 1 7.13$ All N Rain Boots - Mid-calf black Talon Trax 44230 1 100.00$ All N Vendor: _______________________________________________________ Traffic Vest, Lime/Navy OccuLux LUX-PSP Reflective POLICE on back and right chest 1 21.90$ All N Traffic Vest, Yellow/Orange-High-Vis Classic Mesh Expandable 5-Point Breakaway Vest OccuNomix LUX-SC2TB Plain 1 22.00$ All N Traffic Vest, Yellow/Orange-High-Vis Classic Mesh Expandable Vest OccuNomix LUX-SC2TZ Plain 2 12.06$ All N EQUIPMENT NYLON GEAR Nylon Web Oc Holder-Chemical agent pouch, med, black Blackhawk 44A500bk 1 17.85$ All NNylon Web Radio Holder-8-1/3" X 4" Molded universal radio holder Tru-Spec 9041000 1 9.87$ All N Nylon Web Duty Belt-2 inch nylon web belt Uncle Mikes 88721 1 46.89$ All N Nylon Web Handcuff Case-Single cuff case w/ flap Uncle Mikes 88781 1 12.45$ All N Nylon Web Mag Case-Double magazine holder Uncle Mikes 88367 1 21.50$ All N Nylon Web Keepers-for 2-¼" belt, double black snaps Uncle Mikes 88652 1 10.37$ All N LEATHER GEAR Leather Duty Gunbelt-Plain Leather 2 Row Stiched 2- 1/4" in black Dutyman 1011U 1 45.33$ All N Double Mag Case-Plain Leather Double Mag Holder Dutyman 8511MH 1 30.00$ All N Handcuff Case-Plain Leather Standard Single Cuff Case in black Dutyman 8811H 1 28.00$ All N OC Holder-Chemical agent pouch, plain black leather, hidden snap Dutyman 882HS 1 27.00$ All N Duty Belt Keepers-Plain Leather, 3/4", in black Dutyman 2411U 1 3.61$ All N Glove Pouch-Plain black leather, hook and loop closure Dutyman 3411 1 16.50$ All N Black Polyester Canvas Equipment Bag-zippered bag with outside zip pocket, 24"x11"x12"Gall's BG186 1 13.40$ All N Badge/Id Holder, Neck Chain-Black leather w/badge cut out for B3301, and 2.75" x 3.63" ID holder Perfect Fit 706-1 1 16.00$ All N Holster-ALS®/SLS Mid-Ride, Level III Retention™ Duty Holster-plain black, right and left hand Safariland 7360 1 134.80$ All N Vendor: _______________________________________________________ Page 1 of 3 Exhibit A - Uniform Pricing Sheet *Note: All patches will be provided to the Vendor by Clearwter Fire Rescue. Description Brand Style # DESCRIPTION OF PATCHES*/EMBROIDERY Class A Uniform Qty Class C Uniform Qty Daily Unifor m Price EACH (USD) Size or Size Range Is Material Sustainable Y/N Uniforms NEW HIRE ALLOTMENT SOFT SHELL JACKET, BLACK ROTHCO 9834 DEPARTMENT PATCH AND DESIGNATION PATCH 1 NOT AVAIL N PANTS, STATION NAVY RED KAP PT20NV 6 25.00$ 28-48 N SHIRTS, SHORT SLEEVE BLUE SOUTH EASTERN 3203 DEPARTMENT PATCH AND DESIGNATION PATCH 6 45.00$ NECK 14-20N SHIRTS, LONG SLEEVE BLUE SOUTH EASTERN 3103 DEPARTMENT PATCH AND DESIGNATION PATCH 1 49.00$ K 14-20 SLV 3N T-SHIRTS, SHORT SLEEVE NAVY ANY 50/50 COTTON BLEND SILKSCREEN DEPARTMENT LOGO & FIRE MEDIC ON FRONT, CLEARWATER FIRE AND RESCUE ON BACK, WHITE FONT COLOR. 8 12.00$ SM-3XL N T-SHIRTS, LONG SLEEVE NAVY ANY 50/50 COTTON BLEND SILKSCREEN DEPARTMENT LOGO & FIRE MEDIC ON FRONT, CLEARWATER FIRE AND RESCUE ON BACK, WHITE FONT COLOR. 3 16.00$ SM-3XL N SHORTS, BDU ZIPPER NAVY PROPPER F526155305 2 28.00$ S-XXL N JUMPSUIT, NAVY RED KAP CP40NV DEPARTMENT PATCH, DESIGNATION PATCH, BADGE PATCH ALL ON FRONT, CLEARWATER FIRE & RESCUE SILKSCREEN ON BACK. 1 89.95$ S-3XL N HAT, BALLCAP NAVY ANY ANY CLEARWATER FIRE RESCUE EMBROIDERY 1 22.50$ OSFA N TIE, CLIP-ON BLACK 90049 1 5.50$ 16-22 N PROMOTION TO LIEUTENANT SHIRTS, SHORT SLEEVE WHITE SOUTH EASTERN 3202 DEPARTMENT PATCH AND DESIGNATION PATCH 6 $ 45.00 NECK 14-20N SHIRTS, LONG SLEEVE WHITE SOUTH EASTERN 3102 DEPARTMENT PATCH AND DESIGNATION PATCH 1 49.00$ K 14-20 SLV 3N JACKET, BLAZER DARK NAVY FLYING CROSS N/A DEPARTMENT PATCH, GOLD BRAIDS, GOLD MALTESE CROSS 1 450.00$ 42R-60L N TROUSERS, DRESS DARK NAVY N/A N/A 1 175.00$ 28-46 N CAP, BELL CROWN WHITE CUSTOM N/A N/A 1 70.00$ S-XXL N SHOES, HI GLOSS OXFORD BATES 22141 1 70.00$ 6M-14W N PROMOTION TO CHIEF Moisture Wicking Polo Shirt Short Sleeve, WHITE PROPPER ICE N/A EMBROIDERED TITLE AND NAME IN BLACK AND CFR LOGO 5 75.00$ XS-4XL N PANTS, CLASSIC CARGO TRU-SPEC 1186 6 45.00$ 28-48 N PANTS, STATION BLACK RED KAP PT20BK 6 25.00$ 28-48 N ALTERATION TO CLASS A BLAZER FLYING CROSS N/A GOLD BRAIDS/SERVICE YEARS ADDED VARIES N Request for Proposal #11-24, Clearwater Fire & Rescue Vendor Name: ______SIGNAL 15, INC____________________________________ Page 2 of 3 Exhibit A - Uniform Pricing Sheet *Note: All patches will be provided to the Vendor by Clearwter Fire Rescue. Description Brand Style # DESCRIPTION OF PATCHES*/EMBROIDERY Class A Uniform Qty Class C Uniform Qty Daily Unifor m Price EACH (USD) Size or Size Range Is Material Sustainable Y/N Request for Proposal #11-24, Clearwater Fire & Rescue FIRE FIGHTER/FIRE MEDIC/DRIVER OPERATOR ANNUAL UNIFORM ALLOTMENT PANTS, STATION NAVY RED KAP PT20NV MIX AND MATCH, 3 TOTAL PANTS 3 25.00$ 28-48 N PANTS, TACTICAL NAVY PROPPER 25214 MIX AND MATCH, 3 TOTAL PANTS 3 40.00$ 28-48 N SHORTS, BDU ZIPPER NAVY PROPPER F526155305 2 28.00$ S-XXL N T-SHIRTS, SHORT SLEEVE NAVY ANY 50/50 COTTON BLEND SILKSCREEN DEPARTMENT LOGO & TITLE ON FRONT, CLEARWATER FIRE AND RESCUE ON BACK, WHITE FONT COLOR.6 12.00$ SM-3XL N T-SHIRTS, LONG SLEEVE NAVY ANY 50/50 COTTON BLEND SILKSCREEN DEPARTMENT LOGO & TITLE ON FRONT, CLEARWATER FIRE AND RESCUE ON BACK, WHITE FONT COLOR.3 16.00$ SM-3XL N JUMPSUIT, NAVY RED KAP CP40NV DEPARTMENT PATCH, DESIGNATION PATCH, BADGE PATCH ALL ON FRONT, CLEARWATER FIRE & RESCUE SILKSCREEN ON BACK. 1 89.95$ SM-3XL N SHIRTS, SHORT SLEEVE BLUE SOUTH EASTERN 3203 DEPARTMENT PATCH AND DESIGNATION PATCH 1 45.00$ NECK 14-20N LIEUTENANT ANNUAL UNIFORM ALLOTMENT PANTS, STATION NAVY RED KAP PT20NV MIX AND MATCH, 3 TOTAL PANTS 3 25.00$ 28-48 N PANTS, TACTICAL NAVY PROPPER 25214 MIX AND MATCH, 3 TOTAL PANTS 3 40.00$ 28-48 N SHORTS, BDU ZIPPER NAVY PROPPER F526155305 2 28.00$ SM-XXL N T-SHIRTS, SHORT SLEEVE GREY ANY 50/50 COTTON BLEND SILKSCREEN DEPARTMENT LOGO & TITLE ON FRONT, CLEARWATER FIRE AND RESCUE ON BACK, BLUE FONT COLOR. 6 12.00$ SM-3XL N T-SHIRTS, LONG SLEEVE GREY ANY 50/50 COTTON BLEND SILKSCREEN DEPARTMENT LOGO & TITLE ON FRONT, CLEARWATER FIRE AND RESCUE ON BACK, BLUE FONT COLOR. 3 16.00$ SM-3XL N T-SHIRT, SHORT SLEEVE WHITE ANY 50/50 COTTON BLEND PLAIN WHITE SHIRT 1 12.00$ SM-3XL N JUMPSUIT, NAVY RED KAP CP40NV DEPARTMENT PATCH, DESIGNATION PATCH, BADGE PATCH ALL ON FRONT, CLEARWATER FIRE & RESCUE SILKSCREEN/HEAT PRESS ON BACK. 1 89.95$ SM-3XL N SHIRTS, SHORT SLEEVE WHITE SOUTH EASTERN 3202 DEPARTMENT PATCH AND DESIGNATION PATCH 1 45.00$ NECK 14-20N CHIEF ANNUAL UNIFORM ALLOTMENT PANTS, STATION BLACK RED KAP PT20BK MIX AND MATCH, 3 TOTAL PANTS 3 25.00$ 28-48 N PANTS, CLASSIC CARGO BLACK TRU-SPEC 1186 MIX AND MATCH, 3 TOTAL PANTS 3 45.00$ 28-48 N PANTS, SUPERVISOR 100% POLY BLACK SOUTH EASTERN 9009 MIX AND MATCH, 3 TOTAL PANTS 3 -$ NOT AVAIL N MOISTURE WICKING POLO SHIRT SHORT SLEEVE, WHITE CORNER STONE N/A EMBROIDERED TITLE AND NAME IN BLACK AND CFR LOGO 5 65.00$ XS-3XL N SHIRTS, SHORT SLEEVE WHITE SOUTH EASTERN 3202 DEPARTMENT PATCH AND DESIGNATION PATCH 2 45.00$ NECK 14-20N SHIRTS, LONG SLEEVE WHITE SOUTH EASTERN 3102 DEPARTMENT PATCH AND DESIGNATION PATCH 1 49.00$ K 14-20 SLV 3N T-SHIRTS, SHORT SLEEVE WHITE ANY 50/50 COTTON BLEND SILKSCREEN/HEAT PRESS DEPARTMENT LOGO AND TITLE ON FRONT IN BLACK FONT COLOR. NOTHING ON BACK.6 12.00$ SM-3XL N T-SHIRTS, LONG SLEEVE WHITE ANY 50/50 COTTON BLEND SILKSCREEN/HEAT PRESS DEPARTMENT LOGO AND TITLE ON FRONT IN BLACK FONT COLOR. NOTHING ON BACK.3 16.00$ SM-3XL N Vendor Name: ______SIGNAL 15, INC____________________________________ Page 3 of 3 Exhibit A - Uniform Pricing Sheet *Note: All patches will be provided to the Vendor by Clearwter Fire Rescue. Description Brand Style # DESCRIPTION OF PATCHES*/EMBROIDERY Class A Uniform Qty Class C Uniform Qty Daily Unifor m Price EACH (USD) Size or Size Range Is Material Sustainable Y/N Request for Proposal #11-24, Clearwater Fire & Rescue INSPECTORS ANNUAL UNIFORM ALLOTMENTPANTS, STATION BLACK RED KAP PT20BK MIX AND MATCH, 3 TOTAL PANTS 3 25.00$ 28-48 N PANTS, TACTICAL BLACK PROPPER F527450 MIX AND MATCH, 3 TOTAL PANTS 3 40.00$ 28-48 N SHORTS, BDU ZIPPER BLACK PROPPER F526155305 1 28.00$ SM-XXL N SHIRTS, SHORT SLEEVE WHITE SOUTH EASTERN 3202 DEPARTMENT PATCH AND DESIGNATION PATCH 1 45.00$ NECK 14-20N JUMPSUIT, NAVY RED KAP CP40NV DEPARTMENT PATCH, DESIGNATION PATCH, BADGE PATCH ALL ON FRONT, CLEARWATER FIRE & RESCUE SILKSCREEN/HEAT PRESS ON BACK. 1 89.95$ SM-3XL N MOISTURE WICKING POLO SHIRT SHORT SLEEVE, CHARCOAL PROPPER ICE EMBROIDERED TITLE AND NAME IN SILVER FONT COLOR, CFR LOGO ON FRONT. 5 75.00$ XS-4XL N COORDINATORS PANTS, STATION BLACK RED KAP PT20BK MIX AND MATCH, 3 TOTAL PANTS 3 25.00$ 28-48 N PANTS, CLASSIC CARGO BLACK TRU-SPEC 1186 MIX AND MATCH, 3 TOTAL PANTS 3 52.00$ 28-48 N PANTS, SUPERVISOR 100% POLY BLACK SOUTH EASTERN 9009 MIX AND MATCH, 3 TOTAL PANTS 3 30.00$ NOT AVAIL N MOISTURE WICKING POLO SHIRT SHORT SLEEVE, WHITE OR CHARCOAL PROPPER ICE EMBROIDERED TITLE AND NAME IN BLACK FONT FOR WHITE AND SILVER FONT COLOR FOR GREY. CFR LOGO ON FRONT. 5 75.00$ XS-4XL N SHIRTS, SHORT SLEEVE WHITE SOUTH EASTERN 3202 DEPARTMENT PATCH AND DESIGNATION PATCH 2 45.00$ NECK 14-20N SHIRTS, LONG SLEEVE WHITE SOUTH EASTERN 3102 DEPARTMENT PATCH AND DESIGNATION PATCH 1 49.00$ K 14-20 SLV 3N T-SHIRTS, SHORT SLEEVE WHITE ANY 50/50 COTTON BLEND SILKSCREEN DEPARTMENT LOGO AND TITLE ON FRONT IN BLACK FONT COLOR. NOTHING ON BACK. 6 12.00$ SM-3XL N T-SHIRTS, LONG SLEEVE WHITE ANY 50/50 COTTON BLEND SILKSCREEN DEPARTMENT LOGO AND TITLE ON FRONT IN BLACK FONT COLOR. NOTHING ON BACK. 3 16.00$ SM-3XL N HONOR GUARD UNIFORM COAT, MILITARY POLY WOOL BLEND MCBLUE (BLACK)FECH 19B9996C GOLD FD BUTTONS, METAL BADGE TAB, LARGE METAL NECK CLOSURE, #112 RED CORDEDGE ON EPAULETS, V CUFFS, TOP AND BOTTOM COLLAR, 1 NOT AVAIL N TROUSERS, MILITARY POLY WOOL BLEND FECH 28P8696C #112 RED BRAID 1 NOT AVAIL N ACCESSORIES HAT, BALLCAP NAVY ANY ANY CLEARWATER FIRE RESCUE EMBROIDERY 1 22.50$ OSFA N SHIRTS, JOBSHIRTS ANY ANY CLEARWATER FIRE RESCUE EMBROIDERY 1 95.00$ XS-4XL N COLLAR BRASS - ALL RANKS 9.00$ J50-J55 N Vendor Name: ______SIGNAL 15, INC____________________________________ Request for Proposal #11-24, Clearwater Police Department Exhibit B- Uniform Pricing Sheet *All prices should be entered as "EACH" Description Brand Style #DESCRIPTION OF PATCHES/EMBROIDERY Class A Uniform Qty Class B Uniform Qty Price EACH (USD) Size or Size Range Is Material Sustainable Y/N Uniforms OFFICER MENS UNIFORMS TexTrop2 Mens Long Sleeve Navy Shirts with zipper Elbeco Z314N Department patches, hashmark patch (five years +), possibly chevron patches 1 69.00$ 28-48 N Navy Clip On Tie, Navy, Varied Lengths Samuel Broome 90028 1 5.50$ 16-22 N Navy Clip On Tie, Navy, Varied Lengths Samuel Broome 90016 1 5.50$ 16-22 N Navy Clip On Tie, Navy, Varied Lengths Samuel Broome 90049 1 5.50$ 16/22 N 8 Pt Polyester Duty Cap (color: Navy)Midway Cap Co. 1 55.00$ VARIES N 8 Pt Rain Hat Cover for 8 pt hat w/visor Neve's P9014 1 4.00$ OSAF N Textrop2 Mens Short Sleeve Navy Shirts with zipper Elbeco Z3314N 1 66.00$ 14-19 N TexTrop2 Mens Pants, 4-pocket, covert stretch waistband, nano moisture wicking in Navy Blue (with light blue stripe) Elbeco E314RN 1 58.00$ 28-48 N Flex RS Long Sleeve Armorskin base Dark Navy shirt Blauer 8361 Department patches, possibly chevron patches 1 62.00$ XS-3XL N Flex Armorskin Flex RS short Dark Navy sleeve Base Blauer 8362 Department patches, possibly chevron patches 4 58.00$ XS-3XL N Flex RS cargo Dark Navy pants Blauer 8665 4 58.00$ 28-48 N OFFICER WOMENS UNIFORMS TexTrop2 Womens Long Sleeve Navy Shirts with zipper Elbeco Z9314LCN Department patches, hashmark patch (five years +), possibly chevron patches 1 69.00$ 30-40 N TexTrop2 Womens Short Sleeve Navy Shirt with zipper Elbeco Z9814 1 66.00$ 30-40 N Vendor: _______________________________________________________ TexTrop2 Womens Pants, 4-pocket, ladies choice fit waistband, nano moisture wicking in Navy Blue (with light blue stripe) Elbeco E9314LC 1 58.00$ 2W-18W N Women’s Stretch Tactical Pants Navy Propper F52952Y450 4 42.00$ 2W-18W N Flex RS Long Sleeve Armorskin base Dark Navy shirt Blauer 8361W 4 62.00$ XS-2XL N Flex Armorskin Flex RS Dark Navy short sleeve Base Blauer 8362W Department patches, possibly chevron patches 4 58.00$ XS-2XL N Women's FlexRS cargo Dark Navy pants Blauer 8665W 4 78.00$ 2W-18W N UNISEX Tactical shorts (summer weight) navy (for bike team or beach team)Propper F5264 4 40.00$ 28-56 N Softshell Fleece Navy Jacket Blauer 4660 1 130.00$ XS-2XL N PST Men's Performance short sleeve Storm polo shirt 5.11 71049 Embroidered silver or gold Technician badge, embroidered first initial and last name, sometimes reflective heat press on back 5 85.00$ XS-2XL N Women's Performance short sleeve Storm polo shirt 5.11 61165 Embroidered silver or gold Technician badge, embroidered first initial and last name, sometimes reflective heat press on back (traffic, transport, or CSI) 5 85.00$ XS-2XL N TexTrop2 Mens Long Sleeve Lt Blue Shirts with zipper Elbeco 313N 1 69.00$ 14-19 N Men's Fast-Tac Urban Dark Navy pant 5.11 74461 5 45.00$ 30-44 N Women Fast-Tac Urban Dark Navy Pants 5.11 64420 5 45.00$ 2W-18W N LS Armorskin Base Shirt Gray Blauer 8371 4 55.00$ XS-3XL N SS Armorskin Base Shirt Gray Blauer 8372 4 50.00$ XS-3XL N POLICE AIDE TexTrop2 Mens Long Sleeve Lt Blue Shirts with zipper Elbeco 313N Police Department patches, Police Aide Rocker Patches, Oval Police Aide Badge patch 1 69.00$ 14-19 N TexTrop2 Womens Long Sleeve Lt Blue Shirts with zipper Elbeco 9313LCN Police Department patches, Police Aide Rocker Patches, Oval Police Aide Badge patch 1 69.00$ 30-40 N Vendor: _______________________________________________________ UFX tactical polo men's Gray Elbeco 25214 Police Department patches, Police Aide Rocker patches, Oval Police Aide Badge patch, embroidered first initial and last name 2 65.00$ XS-3XL N SCHOOL CROSSING GUARD Men dry zone carolina Blue polo shirt Port Authority Police Department patches, School Guard Rocker Patches, School graud Badge patch 38.00$ XS-3XL N Tactical Summer weight LAPD Navy pants Propper F5258 2 43.00$ 28-54 N Tactical shorts (summer weight) navy (for bike team or beach team)Propper F5264 2 40.00$ 28-56 N VOLUNTEER TexTrop2 Mens Long Sleeve White Shirt with zipper Elbeco Z310N Police Department patches, Volunteer Rocker patches, Oval Volunteer Badge patch 1 69.00$ 14-19 N TexTrop2 Womens Long Sleeve White Shirt with zipper Elbeco 9310LCN Police Department patches, Volunteer Rocker patches, Oval Volunteer Badge patch 1 69.00$ 30-40 N TexTrop2 Mens Short Sleeve White Shirt with zipper Elbeco Z3310N Police Department patches, Volunteer Rocker patches, Oval Volunteer Badge patch 1 66.00$ 14-19 N TexTrop2 Womens Short Sleeve White Shirt with zipper Elbeco 9810LCN Police Department patches, Volunteer Rocker patches, Oval Volunteer Badge patch 1 66.00$ 30-40 N Women's Tac Force Lightweight Polo Navy Gall's SM617 Embroidered silver and gold Detective Badge and first initial, last name 1 N/A N Men's Tac Force Lightweight Polo Navy Gall's SM616 Embroidered silver and gold Detective Badge and first initial, last name 1 N/A N OTHER ITEMS Flag Pin -¾” enamel, USA Stars and Stripes Flag, with Gold Border and Tie Tack Backing Blackinton J137 1 3.50$ N Navy Windbreaker-100% nylon, flannel lined Tact Squad 111N Police Department patches and (School Guard, Volunteer, Police Aid, or Pst rockers)1 N/A N Navy Heavy Jacket W/ Removable Liner SPIEWAK S3609 Police Department patches and (School Guard, Volunteer, Police Aid, or Pst rockers)1 N/A N Rain Coat, Long Black/Lime Reversible - High-Viz Neese 4703RSC3M POLICE in reflective heat press 1 80.00$ N Rain Coat, Long Yellow - 1600 Series Economy Neese 1650C PLAIN, School Guard 1 18.95$ N Rain Boots - Mid-calf black Talon Trax 44230 1 N/A N Vendor: _______________________________________________________ Traffic Vest, Lime/Navy OccuLux LUX-PSP Reflective POLICE on back and right chest 1 N/A N Traffic Vest, Yellow/Orange-High-Vis Classic Mesh Expandable 5-Point Breakaway Vest OccuNomix LUX-SC2TB Plain 1 N/A N Traffic Vest, Yellow/Orange-High-Vis Classic Mesh Expandable Vest OccuNomix LUX-SC2TZ Plain 2 N/A N EQUIPMENT NYLON GEAR Nylon Web Oc Holder-Chemical agent pouch, med, black Blackhawk 44A500bk 1 29.00$ NNylon Web Radio Holder-8-1/3" X 4" Molded universal radio holder Tru-Spec 9041000 1 12.95$ N Nylon Web Duty Belt-2 inch nylon web belt Uncle Mikes 88721 1 28.00$ N Nylon Web Handcuff Case-Single cuff case w/ flap Uncle Mikes 88781 1 17.00$ N Nylon Web Mag Case-Double magazine holder Uncle Mikes 88367 1 24.00$ N Nylon Web Keepers-for 2-¼" belt, double black snaps Uncle Mikes 88652 1 2.00$ N LEATHER GEAR Leather Duty Gunbelt-Plain Leather 2 Row Stiched 2- 1/4" in black Dutyman 1011U 1 N/A N Double Mag Case-Plain Leather Double Mag Holder Dutyman 8511MH 1 N/A N Handcuff Case-Plain Leather Standard Single Cuff Case in black Dutyman 8811H 1 N/A N OC Holder-Chemical agent pouch, plain black leather, hidden snap Dutyman 882HS 1 N/A N Duty Belt Keepers-Plain Leather, 3/4", in black Dutyman 2411U 1 N/A N Glove Pouch-Plain black leather, hook and loop closure Dutyman 3411 1 N/A N Black Polyester Canvas Equipment Bag-zippered bag with outside zip pocket, 24"x11"x12"Gall's BG186 1 N/A N Badge/Id Holder, Neck Chain-Black leather w/badge cut out for B3301, and 2.75" x 3.63" ID holder Perfect Fit 706-1 1 16.50$ N Holster-ALS®/SLS Mid-Ride, Level III Retention™ Duty Holster-plain black, right and left hand Safariland 7360 1 145.00$ N Vendor: _______________________________________________________ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0315 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Works Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve the Contract for Sale of Vacant Land from the City of Clearwater to DD Gulf to Bay, LLC., as the winning bidder on a 10-foot-wide strip of land that was previously declared surplus pursuant to City Charter Section 2.01(d)(5) and authorize the appropriate officials to execute all necessary documents. (consent) SUMMARY: On 11/3/2022, the City declared a 10-foot-wide strip of land located near Rogers Street to be surplus and published Invitation to Bid # 01-23 with DD Gulf to Bay, LLC. being the highest bidder. On 11/21/2021, by request of DD Gulf to Bay, LLC, the City vacated its interest in 20 feet of adjacent right of way, which was conditioned upon executing a new utility easement. All utilities are covered under the newly recorded utility easement. In conclusion, DD Gulf to Bay, LLC desires to purchase the 10-foot-wide surplus City land, which combined with the adjacent, vacated right of way will amount to 30 additional feet of property for redevelopment. STRATEGIC PRIORITY: Embrace a culture of innovation that drives continuous improvement and successfully serves all our customers. Page 1 City of Clearwater Printed on 3/26/2024 ! !! !!! ! ! ! ! ! !! ! ! !!! GULF TO BAY BLVD ROGERS STTHORNTON RD17 297729812900293429752985290929302951294029902950290529632960Document Path: C:\Users\kevin.flynn\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Rodgers St 30' ROW\Rodgers St 30' ROW.aprx Prepared by: Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Proposed Cumulative 30' Surplus & Right-of-Way Rogers Street ² N.T.S.Scale:Aerial Flown 2023 Page 1 of 1KFMap Gen By:TMReviewed By:Date:3/1/2024 AERIAL MAP Parcel Size: +/- 0.16 ac. CITY OF CLEARWATER CITY COUNCIL NOTICE OF PUBLIC HEARING The City Council of the City of Clearwater, Florida, will hold a public hearing on Thursday, November 3, 2022, beginning at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers, Clearwater Main Library, 100 N. Osceola Avenue, Clearwater, Florida, to consider declaring the following parcels as being surplus to City needs for the purpose of sale to an abutting property to support meaningful development. That portion of Rogers Street conveyed to the City of Clearwater by deed recorded in Official Record Book 6302, Page 1729 of the Public Records of Pinellas County, Florida, and that portion of Rogers Street conveyed to the City of Clearwater by City Ordinance No. 9507-21 recorded in Official Records Book 21781, Page 2617 of the Public Records of Pinellas County, Florida, being described as follows: Commence at the Northeast corner of the Southeast 1/4 of Section 17, Township 29 South, Range 16 East; thence South 00°37'16" West, a distance of 50.01 feet, to a point on the South right-of-way line of Gulf-to-Bay Boulevard (S.R. 60), said point being the Northeast corner of Lot 1 Wm. Brown's Subdivision of Bayview, Florida as recorded in Plat Book 1, Page 13 of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part; thence South 89°46'01" West, a distance of 450.00 feet, along said South right-of-way line, to the Northeast corner of the West 163.14 feet of Lot 3, of said subdivision; thence South 00°37'16" West, a distance of 358.44 feet to the Point of Beginning; thence continue South 00°37'16" West, a distance of 30.00 feet; thence South 89°46'01" West, a distance of 233.74 feet; thence North 00°13'59" West, a distance of 30.00 feet; thence North 89°46'01" East, a distance of 233.89 feet to the Point of Beginning. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. City of Clearwater Rosemarie Call, MPA, MMC P.O. Box 4748 City Clerk Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT WITH THEIR REQUEST AT (727) 562-4090. Ad: MM/DD/YY KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2023225150 09/01/2023 09:31 AM OFF REC BK: 22550 PG: 2261-2271 DocType:EASEMENT RECORDING: $95.00 D DOC STAMP: $0.70 THIS INSTRUMENT PREPARED BY: Jerrod D. Simpson, Esq. City Attorney's Office City of Clearwater 600 Cleveland St. Suite 600 Clearwater, Florida 33770 Recording DataAbove PUBLIC UTILITY EASEMENT THIS PUBLIC UTILITY EASEMENT is made this lay of March, 2023, by DD Gulf to Bay, LLC, whose principal address is 403 Corporate Center Drive, Suite 201, Stockbridge, GA 30281 ("Grantor"), and granted to the CITY OF CLEARWATER, a municipal corporation organized and existing under the laws of the State of Florida, whose principal address is 600 Cleveland St., Suite 600, Clearwater, FL 33755 Grantee"). The Grantor, for and in consideration of the sum of Ten and no/100 Dollars 10.00) and other valuable consideration, receipt of which is hereby acknowledged, hereby grants, bargains, sells and conveys to the Grantee a non-exclusive public utility easement for the purpose of installing, accessing, maintaining, repairing and replacing public utilities upon the following -described lands (the "Property") located in Pinellas County, Florida: See Exhibit "A" & "B" & "C" IT IS EXPRESSLY COVENANTED AND AGREED that this Public Utility Easement does not convey the fee simple title to the Property and is only an easement for the uses and purposes stated herein. This Easement is binding on the Grantor, the Grantee, their heirs, successors, and assigns, and the rights granted herein shall be perpetual and irrevocable and shall run with the land. However, in the event the Grantee abandons the use of this Public Utility Easement for the stated purposes, all right, title and interest herein granted shall immediately revert to the Grantor or the Grantor's successors in title. Signature Page Follows] Page 1 of 2 IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: DD GULF TO BAY, LLC, a Georgia limited liability company By: Morrow Investors, corporation, It By: c,,‘1 iv\ Print Witness Name Above) P- kty- c-k«k" Print Witness Name Above) STATE OF GEORGIA COUNTY OF HENRY a Georgia ger Fred S. Haz = , Vice President The foregoing instrument was acknowledged before me by means of physical presence this a"' day of March, 2023, by Fred S. Hazel as Vice President of Morrow Investors, Inc., the Manager of DD Gulf to Bay, LLC. Megan M Lanz NOTARY PUBLIC Coweta County, Georgia My Commission Expires June 13, 2025 NOTARY SEAL) Signature of Ndtary Publate of Georgia) Megan M. Lanz Name of Notary) Personally Known X OR Produced Identification Type of Identification Produced 2 AERIAL MAP GULF TO BAY BLVD As EXISTING UTILITY EASEMENT PROPOSED UTILITY EASEMENT Preparedby: Department of Public Works - Engineering Geographic TechnologyDM'sbn 1005. Myrtle Ave, Clearwater, FL33756 Ph: (727)562-4750, Fax: (727)526-4755 www. Myclearwater.com 2975 Gulf to Bay Boulevard Proposed Easement Conveyance Map Gen By: KF Reviewed By: TM Aerial Flown 2023 Date: 7/19/2023 Page: 1 of 1 E Scale: N.T.S. DacurnenlPath: C:\UserstKevin.Flynn\City ofCleatwel0 .ogineeringGeogreptuc Technology • Documents\ 015NEngineeringklocation Mans:2975 GullTo BayEasement Conveyanoe\2975 Gun ToBay Easeroon: Conveyance. hors THIS INSTRUMENT PREPARED BY: Jerrod D. Simpson, Esq. City Attorney's Office City of Clearwater 600 Cleveland St. Suite 600 Clearwater, Florida 33755 QUIT-CLAIM DEED AND RESERVATION OF PUBLIC UTILITY EASEMENT THIS QUIT-CLAIM DEED AND RESERVATION OF PUBLIC UTILITY EASEMENT is made and given this ___ day of ________ , 2024, by the City of Clearwater, whose post office address is 600 Cleveland Street, Suite 600, Clearwater, FL 33755 ("Granter"), to DD Gulf to Bay, LLC whose address is 403 Corporate Center Dr., Ste 201, Stockbridge, GA 30281, ("Grantee"). The Granter, for and in consideration of Ten Thousand and One/100 Dollars ($10,001.00), and other good and valuable consideration paid by the Grantee, the receipt of which is acknowledged, hereby conveys to the Grantee, its successors and assigns forever, the following described parcel of land located in Pinellas County, Florida, to wit: See Exhibit "A" & "B" TO HAVE AND TO HOLD, the same in fee simple forever. This Conveyance is made with no liens or encumbrances known to the Granter, and subject only to any reserved easements, property taxes for the year of closing, covenants, restrictions, and other public utility easements of record. The Granter has not performed any title examination related to this transaction and provides no warranties of title. PROVIDED, HOWEVER, that Granter reserves unto itself and its successors and assigns, and Grantee by acceptance hereby gives and grants unto Granter and its successors and assigns, a non-exclusive, perpetual easement over, under, on, upon, through and across the Property conveyed hereby, for purposes of the maintenance, repair, modification, relocation, replacement, operation, and use of all public utility improvements, and any other necessary and appurtenant equipment under, across and above ground and as deemed reasonably necessary by Granter (collectively, the "Public Utility Easement"). In the event the Granter inspects and approves a lawfully permitted relocation of all applicable public utilities to a new location, and upon the conveyance of a proper easement to cover said relocated utilities, the reserved Public Utility Easement herein shall automatically terminate. This instrument is executed pursuant to Fla. Stat.§ 692.01 & 692.02. Page 1 of 4 Approved as to form: Jerrod D. Simpson Senior Assistant City Attorney THE CITY OF CLEARWATER, FLORIDA (GRANTOR) By: ___________ _ Brian J. Aungst, Sr. Attest: Rosemarie Call City Clerk Page 2 of 4 Page 3 of 4 Page 4 of 4 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0199 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Authorize a purchase order to U.S. Submergent Technologies, LLC of Orlando, FL for tank cleaning services in the not-to-exceed amount of $375,000.00 with an expected date of completion on July 31, 2024, 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: The Public Utilities Department is requesting authorization of a purchase order to utilize U.S. Submergent Technologies, LLC for the removal of settled sand, grit, debris, and other solids, which build up on the bottom of various process tanks at the City’s Marshall Street Water Reclamation Facility (WRF). This type of work will be done while the tank remains online and in service. Scheduling tank cleaning on a regular basis is necessary to ensure proper operation of the facility. US Submergent was selected because of their ability to clean the tanks without removing the tanks from service. Some of these tanks are not able to be removed from service without additional capital rehabilitation which would require additional city resources and possibly impact treatment. Additional funding is requested in the event more solids accumulate between the time that elapsed from when we first evaluated these tanks to the date the work can start. Authorization is requested to piggyback off the City of Orlando’s contract Number ITB23-0211 Reservoir Environmental Cleaning Services valid through July 16, 2026, pursuant to City Code Section 2.563(1)(c) Piggyback or Cooperative purchasing. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY24 are available in Public Utilities’ operating cost centers, cost code: 530300 Other Contractual Service. Funding for future years will be requested within contract calendar and spending limits. Cost Center 4211354: Marshall Street WRF ($375,000.00) STRATEGIC PRIORITY: In furtherance of the Council’s Strategic Plan to achieve High Performing Government by maintaining public infrastructure through systematic management efforts, approval for an agreement is requested. In addition, this project will create more treatment capacity inside the tanks with built up solids. This ultimately helps us meet our goal of meeting environmental regulatory standards and protects receiving waters (Stevenson Creek). Page 1 City of Clearwater Printed on 3/26/2024 ©2024 U.S. Submergent Technologies 2153 Rayburn Street, Orlando, FL 32824 ussubmergent.com U.S. Submergent Technologies Cost Estimate January 3rd, 2024 PROJECT PROPOSAL: City of Clearwater Marshall Street WRF Accumulated Material Removal Customer: City of Clearwater Contact: Christina Goodrich Phone No.: (727) 224 7477 Address: 1605 Harbor Dr. Clearwater, FL 33755 Proposal Sent Via: Email – (christina.goodrich@myclearwater.com) Christina, On behalf of U.S. Submergent Technologies (USST), we are pleased to provide this proposal for your consideration to remove the accumulated material from the above referenced structures. Our proposal includes the costs for removal, transportation, and disposal of the estimated volume of material. The Proposal Pricing Schedule summarizes the estimated quantities and unit costs based on our understanding of existing conditions. USST production rates are based on access to the structure, distribution of material to be removed across the structure bottom, as well as the type and quantity of material to be removed. Cooperative Purchasing is available through City of Orlando contract # IFB23-0211 Reservoir Environmental Cleaning Services. The scope of operation for USST includes: • Mobilization to facility • Confined space entry • USST Combination³® Truck Service Crew • USST Combination³® Truck • USST Roll Off Truck (if needed) • USST will reach and remove material from structures utilizing a combination of vacuum, pumping, jetting, and reaching components • Cleanup project site upon completion of project • Demobilization from facility 2 ©2024 U.S. Submergent Technologies PROPOSAL PRICING SCHEDULE: Unit cost will be billed based on actual quantities of time and materials required to remove material. If additional quantities are required they will be invoiced at the rates above with prior written authorization. USST will use the downhole cleaning method to remove the accumulated debris at the bottom of the structure while it remains online. This job includes offsite disposal. USST will maintain daily performance/production records and provide as necessary. This proposal and pricing are based on information received and is our interpretation of the sections of the RFP and/or specifications that have been made available to us. Exceptions have been noted wherever possible. In the event of a conflict between the language in the specification and the proposal, the language in the proposal takes precedence and is the basis of the proposed pricing. USST reserves the right to reject any order based on differences in interpretation of the specification, or for any reason, at the time the order is tendered. Terms & Conditions: 1. Once the project has been accepted and confirmed to USST for execution, we will schedule this project on a mutually agreed date with a minimum of 5-days lead time. A rescheduling fee of $3,500 or an additional mobilization cost, whichever is higher, will apply for changes in schedule with less than 3 business days notice. 2. All waste will be manifested (actual quantity), transported, and disposed of in accordance with all Federal, State and Local regulations. 3. Our rates are based on a Monday through Friday, 0800 – 1600 workday; if Saturday or Sunday work and/or second/third shift work is required and authorized, overtime rates will be charged at one and a half straight time rates and double on observed government holidays. 4. It is the customer’s responsibility for payment of any unforeseen tariffs, fees, taxes, and unexpected administrative costs which USST may incur during the execution of this project. 5. A fuel surcharge shall be added to all invoices in accordance with the “National Average Diesel Fuel Index.” 6. A Purchase Order and Job Authorization Form will be required prior to project commencement. 7. Payment is DUE UPON RECEIPT of invoice unless otherwise approved in advance by USST. 8. Pricing is valid for 30-days from the date of this proposal. 9. If a payment and performance bond is required, it will be an additional charge at cost plus. Structure: Anoxic & Fermentation | Marshall Street WRF | 1605 Harbor Dr. Clearwater, FL 33755 Proposal Line Item QTY UOM Unit Cost EXT. PRICE Mobilization/Demobilization Non-Emergency Basis 1 Each $6,500.00 $6,500.00 Baseline Service Equipment and Qualified Crew (Vac Only) 27 Days $4,250.00 $114,750.00 Additional Feature – 49’ Knuckle Boom Crane with Telescoping Tubes 27 Days $2,000.00 $54,000.00 Additional Feature – Downhole Pumping Wet System Cleaning 27 Days $2,500.00 $67,500.00 Additional Feature – Onsite Disposal Using Auxiliary Pressure Box Containment System 27 Days $1,200.00 $32,400.00 Disposal of Sanitary Sewer Solid Waste Material Offsite (Includes Transportation) 400 Tons $105.00 $42,000.00 Cost Estimate $317,150.00 3 ©2024 U.S. Submergent Technologies 10. Transportation and Disposal cost are based on conforming with waste profile approval for Non- Hazardous waste. Waste profile approval is required prior to scheduling of this project. Supplemental Conditions: 1. This proposal is contingent upon USST field crew confirmation that the project meets assumed condition and scope of proposal. If conditions differ from when quoted, USST will invoice for actual quantities performed upon written approval of changes to scope. 2. The customer will have the tanks drained down of all free-flowing liquids (if applicable) prior to USST’s arrival. 3. Provide unrestricted access to the worksite. If access to unimproved areas is required to complete cleaning, then customer shall provide improvements to enable USST to safely access. Any removal costs due to insufficient access will be charged at cost plus 20%. 4. Customer is responsible for providing a recent TCLP analytical (including 8 RCRA Metals) for offsite disposal as required by 40 CFR Part 503. USST can provide for a cost of $800. 5. Customer is responsible for providing sufficient suitable high-volume water supply for the high- pressure jetting operation, if needed. 6. This cost estimate does not include pressure washing, hydro- and/or grit-blasting of the structure. 7. Demurrage/dewatering will be billed at the rates above, if required. 8. Proper access including height clearance without obstruction in or around structure, so the pump or vacuum head can reach and remove material; client will present structure to be cleaned in sufficient condition for cleaning to take place. This includes removing and/or unbolting any hatches or panels required for access or ventilation. 9. USST is not responsible for damage to landscape, landscape restoration, damage to aeration systems, or underground utilities not clearly marked. Should you have any questions or concerns about this proposal, please do not hesitate to contact me directly at (850) 264-6115. Regards, Chandler Stutler Account Representative U.S. Submergent Technologies (850) 264-6115 | cstutler@ussubmergent.com _________________________________ ___________________ City Representative (signature) Title _________________________________ ____________________ City Representative (print) Date Please sign and return this project proposal at your earliest convenience so that we may verify our master schedule and confirm to you the exact time and date of the work to be performed. INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Steadfast Insurance Company Zurich American Insurance Company 1/04/2024 USI Insurance Services, LLC/CL 201 Alhambra Circle, Suite 1401 Coral Gables, FL 33134-5108 305 669-6000 Catharina Hardy 305 669-6000 catharina.hardy@usi.com U.S. Submergent Technologies LLC 2153 Rayburn St Orlando, FL 32824-8714 26387 16535 A X X X BI/PD Ded:$25,000 X Pollution Liability X X X GPL245929102 02/26/2023 02/26/2024 2,000,000 100,000 5,000 2,000,000 4,000,000 4,000,000 B X X X X X BAP255615302 02/26/2023 02/26/2024 2,000,000 A X X X X SXS326895802 02/26/2023 02/26/2024 3,000,000 3,000,000 Prod/Comp Op 3,000,000 B Y X WC245928502 02/26/2023 02/26/2024 X 1,000,000 1,000,000 1,000,000 Certificate holder is an additional insured under the General Liability and Auto Liability as required by written contract. General Liability and Auto Liability are primary and noncontributory as required by written contract. A waiver of subrogation applies under the General Liability, Auto Liability, and Workers' Comp in favor of the certificate holder as required by written contract. Excess Liability follows form and applies excess of General Liability, Auto Liability, Pollution Liability, and Employers Liability. (See Attached Descriptions) City of Clearwater Attn: Public Utilities PO Box 4748 CLEARWATER, FL 33758-4748 1 of 2 #S43217198/M39334635 USSUBMERClient#: 1856253 CYHEV 1 of 2 #S43217198/M39334635 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) The City of Clearwater is included as Additional Insured with respect to the General Liability and Auto Liability as required by written contract. 2 of 2 #S43217198/M39334635 7/11/23, 10:31 AM Coversheet CITY OF ORLANDO COUNCIL AGENDA ITEM Items Types: Business and Financial Services District: ALL Contract ID: Exhibits: Yes Grant Received by City?: No For Meeting of: July 17, 2023 From: Document Number: On File (City Clerk) : Yes CITY CLERK'S OFFICE JUL 11'23 PH12:51 La Draft Only: No Subject: Award to U.S. Submergent Technologies, LLC for Reservoir Environmental Cleaning Services, IFB23-0211 Summary: The following sealed bids were received in response to the subject solicitation: Supplier Items Bids Bid Amount Cloud 9 Group Services, LLC 10 of 16 $2,205,108.00 U.S. Submergent Technologies, LLC All $2,871,150.00 The Water Reclamation Division and Procurement and Contracts Division have evaluated these bids and recommend award to the lowest, responsive, and responsible bidder that bid on all items, U.S. Submergent Technologies, LLC of Sarasota, FL for Reservoir Environmental Cleaning Services. The initial contract term is three (3) years with the option to renew for two (2) additional twelve (12) month periods. This is an indefinite quantity contract. Actual expenditures will vary as usage will be on an as -needed basis at the established unit prices and available funding. Based on prior usage reports and information provided by the primary user, the estimated annual expenditure is $2,871,150.00. U.S. Submergent Technologies, LLC M/WBE Participation Plan totals 13% and is as follows: SP Services USA, LLC MBE Cornerstone Barricades, Inc. MBE Total MBE participation Sunbelt Sod and Grading Company Total WBE participation 4% 6% 9% WBE 4% U.S. Submergent Technologies, LLC demonstrates Good Faith Efforts. Fiscal & Efficiency Data: Fiscal impact statement is attached. City Council Meeting:-17-2ol 3 Item: g-0 Documentary: 2? ,9Tf/(2 Recommended Action: Approving Award to U. S. Submergent Technologies, LLC for Reservoir Environmental Cleaning Services, IFB23-0211 and authorizing the Chief Procurement Officer to enter into an agreement, as indicated above, in https://orlando. novusagenda.com/Agendalntranet/CoverSheet.aspx?Item ID=63003&Meeting ID=2843 1/2 7/11/23, 10:31 AM Coversheet the estimated amount of $2,871,150.00, subject to review and approval by the City Attorney's Office. Agenda Item attachment(s) on file in the City Clerks Office. Note: All agenda items must be in the City Clerk's office by Noon Friday, six(6) business days prior to the regular Monday City Council meeting. Contact: David Billingsley, david.billingsley@orlando.gov; Janiero Coulter, janeiro.coulter@cityoforlando.net (for M/WBE questions). Approved By: Department Budget Outside Routing Approval City Clerk ATTACHMENTS: Name:Description: Date and Time 7/7/2023 3:11 PM 7/7/2023 4:37 PM Type: D 06.13.2023 - Memo for Approval Signed - IFB23-0211 - Reservoir Environmental Cleaning Services.pdf MBE Memo - IFB23-0211 Backup Material C IFB23-0211 Final Bid Tab .pdf Bid Tab IFB23-0211 Backup Material FIS -U.S. Submergent - Reservoir cleaning services (3),pdf FIS - IFB23-0211 - U. S. Submergent (REVISED)Backup Material Enhance the quality of life in the City by delivering public services in a knowledgeable, responsive and financially responsible manner." https://orlando.novusagenda.com/Agendalntranet/CoverSheet.aspx?ItemID=63003&Meeting ID=2843 2/2 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0325 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Authorize a purchase order to AdEdge Water Technologies, LLC of Duluth, GA for Arsenic Removal Media (Bayoxide E33) at Reverse Osmosis Plant 1 (RO1) in the annual not-to-exceed amount of $140,000.00 for the period of March 21, 2024 through March 21, 2025, with two one-year renewal options at the City’s discretion and authorize the appropriate officials to execute same. (consent) SUMMARY: Purchasing issued Invitation to Bid (ITB) #09-24, Arsenic Removal Media on December 11, 2023, and one submission was received on January 11, 2024. AdEdge Water Technologies, LLC of Duluth, GA represents the lowest responsive, responsible bidder. Bayoxide E33 is an expendable iron-based filter media. The media is used at the RO1 water treatment plant to remove arsenic from source waters before final treatment. The treatment system has two filters, and we expect to replace the media in one filter during the first year of the contract. The initial contract period will be from March 21, 2024, through March 21, 2025, with the option for two one-year term renewal terms available to the City. Renewal Terms allow for cost increases based on the Producer Price Index #0613 Basic Inorganic Chemicals; renewal prices shall be firm for the respective annual term. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY24 are available in various Public Utilities cost centers, cost code 530300 Other Contractual Services: Funding for future fiscal years (FY25 through FY27) will be requested within the contract calendar and spending limits. STRATEGIC PRIORITY: In furtherance of the Council’s Strategic Plan to achieve High Performing Government by maintaining public infrastructure through systematic management efforts, approval for an agreement is requested. Page 1 City of Clearwater Printed on 3/26/2024 January 30, 2024 NOTICE OF INTENT TO AWARD Public Utilities Department and the Procurement Division recommend award of ITB No. 09-24, Arsenic Removal Media, to AdEdge Water Technologies, LLC of Duluth, GA, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of $140,000.00 annually, for the term of one (1) year, with two (2), one (1) year renewal options. This Award recommendation will be considered by the City Council at the March 4, 2024, Work Session (1:30 p.m.) and voted on at the March 7, 2024, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst at milisa.harris@myclearwater.com, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Milisa Harris Milisa Harris Procurement Analyst CITY OF CLEARWATER ITB # 09-24, Arsenic Removal Media DUE DATE: January 11, 2024; 10:00 AM BID TABULATION Vendor Product Unit Price (A) Unit of Measure Total Price AdEdge Water Technologies E33 Bayoxide 235.00$ Cubic Foot 122,200.00$ REMARKS: Price(s) with star ( ) indicates apparent low bidder, intent to award. 1) AdEdge Water Technologies 2055 Boggs Rd Duluth, GA 30096 (678)730-6517 ADVERTISED: TAMPA BAY TIMES 12/13/2023 POSTED:myclearwater.com 12/11/2023-01/11/2024 FOR THE CITY OF CLEARWATER Due/Opening: January 11, 2023; 10:00 a.m. INVITATION TO BID No. 09-24 Arsenic Removal Media Solicitation Response Listing Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0347 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Approve a Guaranteed Maximum Price (GMP) Proposal from Ajax Building Company, LLC. of Oldsmar, FL, for the Solid Waste Recycling Facility Tipping Floor (23-0007-SW) in the amount of $447,721 pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk for Continuing Contracts and authorize the appropriate officials to execute same. (consent) SUMMARY: September 17, 2020, City Council approved the use of Construction Manager at Risk (CMAR) Services for Continuing Contracts per RFQ 40-20, to thirteen firms with Ajax Building Company, LLC, being one of the thirteen firms selected. Ajax was selected for this project due to their past extensive experience with similar projects, their previous experience repairing prefabricated metal buildings, and experience with site supervision during the construction phase. Ajax also showed great understanding of the required end results and City facilities functions. In past projects, Ajax delivered a quality product, met designated timelines, and did so in a professional manner. The existing Solid Waste Recycling Facility is aging and experiencing corrosion of portions of the metal structure and deterioration of the concrete base.   This project will repair the existing recycling facility, restoring the tipping floor and mechanical ramps to working condition. The project scope also includes repairs of the metal structures and base concrete. The repairs mentioned will provide city staff with a functioning facility to perform their assigned tasks more efficiently and safely. APPROPRIATION CODE AND AMOUNT: 3247324-563800-C2302 $447,721 Funds are available in capital improvement project 324-C2302, Rebuild Solid Waste Admin Complex, to fund this GMP. USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: This item falls under objective 1.2 (maintaining public infrastructure) within High Performing Government and objective 4.2 within Environmental Stewardship (waste reduction practices). Page 1 City of Clearwater Printed on 3/26/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0324 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Elect a Councilmember to serve as Vice Mayor. SUMMARY: The city charter requires the City Council to elect one of its members as Vice Mayor at the first meeting in April. Per City Council Rule 5, the office of Vice Mayor shall be rotated amongst the councilmembers annually, with Seat 4 (Councilmember Allbritton) serving in this capacity in 2024. Council may follow the rotation schedule as designated or appoint another councilmember. Page 1 City of Clearwater Printed on 3/26/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9755-24 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 13.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9755-24 on second reading and amend the City’s fiscal year 2023/24 operating budget at first quarter. Page 1 City of Clearwater Printed on 3/26/2024 49 Ordinance #9755-24 ORDINANCE NO. 9755-24 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2024 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER & SEWER FUND, STORMWATER FUND, SOLID WASTE & RECYCLING FUND, GAS FUND, AIRPARK FUND, MARINE FUND, CLEARWATER HARBOR MARINA FUND, PARKING FUND, ADMINISTRATIVE SERVICES FUND, GENERAL SERVICES FUND, GARAGE FUND, AND CENTRAL INSURANCE FUND AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2024, for operating purposes, including debt service, was adopted by Ordinance No. 9714-23; and WHEREAS, at the first quarter review it was found that an increase of $12,033,088 is necessary for revenues and an increase of $12,045,928 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 9714-23 is amended to read: Pursuant to the Amended City Manager's Annual Report and estimate for the fiscal year beginning October 1, 2023 and ending September 30, 2024 a copy, of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. 50 Ordinance #9755-24 Section 2. 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: _______________________________ ________________________________ David Margolis, City Attorney Rosemarie Call, City Clerk FirstQuarter Budgeted Use of Total AmendedRevenues Reserves Revenues Budget 2023/24 2023/24 2023/24 2023/24 Amendments General Fund: Ad Valorem Taxes 90,683,430 - 90,683,430 90,683,430 - Utility Taxes 18,655,000 - 18,655,000 18,655,000 - Local Option, Fuel & Other Taxes 6,300,000 - 6,300,000 6,300,000 - Franchise Fees 11,220,000 - 11,220,000 11,220,000 - Other Permits & Fees 3,934,500 - 3,934,500 3,934,500 - Intergovernmental Revenues 29,859,340 - 29,859,340 29,859,340 - Charges for Services 17,368,355 - 17,368,355 17,368,355 - Judgments, Fines & Forfeitures 1,384,000 - 1,384,000 1,384,000 - Miscellaneous Revenues 6,718,020 - 6,718,020 6,718,020 - Transfers In 13,335,875 - 13,335,875 13,371,387 35,512 Transfer (to) from Reserves - - - 3,679,163 3,679,163 Total, General Fund 199,458,520 - 199,458,520 203,173,195 3,714,675 Special Revenue Funds: Special Development Fund 23,899,620 9,148,130 33,047,750 33,667,750 620,000 Special Program Fund 1,953,217 - 1,953,217 7,381,295 5,428,078 Local Housing Asst Trust Fund 1,660,579 - 1,660,579 1,660,579 - Utility & Other Enterprise Funds: Water & Sewer Fund 111,079,850 3,814,990 114,894,840 115,754,540 859,700 Stormwater Utility Fund 18,684,120 - 18,684,120 18,828,168 144,048 Solid Waste & Recycling Fund 31,960,810 4,393,020 36,353,830 36,526,915 173,085 Gas Fund 52,143,030 1,590,110 53,733,140 53,988,284 255,144 Airpark Fund 262,000 - 262,000 263,325 1,325 Marine Fund 6,441,930 565,340 7,007,270 7,052,428 45,158 Clearwater Harbor Marina 1,136,500 - 1,136,500 1,154,731 18,231 Parking Fund 11,725,190 10,761,590 22,486,780 22,582,742 95,962 Internal Service Funds: Administrative Services Fund 17,398,400 - 17,398,400 17,727,386 328,986 General Services Fund 7,355,520 - 7,355,520 7,458,991 103,471 Garage Fund 19,501,510 100,500 19,602,010 19,815,382 213,372 Central Insurance Fund 38,477,320 - 38,477,320 38,509,173 31,853 Total, All Funds 543,138,116 30,373,680 573,511,796 585,544,884 12,033,088 EXHIBIT A 2023-24 BUDGET REVENUE 51 Ordinance #9755-24 FirstQuarter Original AmendedBudgetBudget 2023/24 2023/24 Amendments General Fund: City Council 553,197 554,449 1,252 City Manager's Office 1,085,258 1,652,115 566,857 City Attorney's Office 2,488,743 2,514,815 26,072 City Audit 461,573 465,979 4,406 City Clerk 1,420,406 1,455,668 35,262 CRA Administration 982,526 1,005,330 22,804 Economic Development & Housing 2,146,301 2,200,993 54,692 Finance 3,142,043 3,296,999 154,956 Fire 35,243,722 35,448,742 205,020 Human Resources 2,181,218 2,254,202 72,984 Library 9,110,053 9,391,098 281,045 Non-Departmental 12,725,240 13,599,025 873,785 Office of Innovation 1,003,260 335,293 (667,967) Parks & Recreation 44,790,781 45,609,955 819,174 Planning & Development 8,577,878 8,875,995 298,117 Police 56,780,344 57,203,994 423,650 Public Communications 1,761,372 1,811,572 50,200 Public Utilities 445,580 445,580 - Public Works 14,559,025 15,051,391 492,366 Total, General Fund - 199,458,520 203,173,195 3,714,675 Special Revenue Funds: Special Development Fund 32,097,750 32,717,750 620,000 Special Program Fund 1,474,217 6,902,295 5,428,078 Local Housing Asst Trust Fund 1,660,579 1,660,579 - Utility & Other Enterprise Funds: Water & Sewer Fund 114,894,840 115,754,540 859,700 Stormwater Utility Fund 17,685,150 17,829,198 144,048 Solid Waste & Recycling Fund 36,353,830 36,526,915 173,085 Gas Fund 53,733,140 53,988,284 255,144 Airpark Fund 173,760 187,925 14,165 Marine Fund 7,007,270 7,052,428 45,158 Clearwater Harbor Marina 1,130,850 1,149,081 18,231 Parking Fund 22,486,780 22,582,742 95,962 Internal Service Funds: Administrative Services Fund 17,260,770 17,589,756 328,986 General Services Fund 7,306,030 7,409,501 103,471 Garage Fund 19,602,010 19,815,382 213,372 Central Insurance Fund 38,473,130 38,504,983 31,853 Total, All Funds - 570,798,626 582,844,554 12,045,928 EXHIBIT A (Continued) 2023-24 BUDGET EXPENDITURES 52 Ordinance #9755-24 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9756-24 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 13.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9756-24 on second reading and amend the City’s fiscal year 2023/24 capital improvement budget at first quarter. Page 1 City of Clearwater Printed on 3/26/2024 53 Ordinance #9756-24 ORDINANCE NO. 9756-24 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2024, TO REFLECT AN INCREASE OF $6,351,013 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2024 was adopted by Ordinance No. 9715-23; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 9715-23 is amended to read: Pursuant to the First Quarter Amended Capital Improvement Program Report and estimated budget for the fiscal year beginning October 1, 2023, and ending September 30, 2024, a copy of which is on file with the City Clerk, the City Council hereby adopts a First Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. 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: ______________________________ ____________________________ David Margolis, City Attorney Rosemarie Call, City Clerk EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2023/24 First Qtr. Original Amended Budget Budget 2023/24 2023/24 Amendments Other General Government 22,363,700 23,123,669 759,969 Police Protection 355,000 380,890 25,890 Fire Protection 1,006,030 2,857,147 1,851,117 Fire Rescue Services 593,000 607,000 14,000 Gas Utility Services 12,725,000 12,877,689 152,689 Solid Waste Services 7,200,000 7,200,000 - Water-Sewer Services 40,427,330 41,342,792 915,462 Flood Protection/Stormwater Mgmt 5,942,140 5,424,696 (517,444) Other Physical Environment 4,420,980 4,440,980 20,000 Road and Street Facilities 14,177,970 13,850,712 (327,258) Airports 3,065,000 4,029,200 964,200 Water Transportation Systems 150,000 150,000 - Parking Facilities 13,909,000 14,036,644 127,644 Other Transportation 70,000 70,000 - Other Economic Environment - 1,154,763 1,154,763 Libraries 110,000 110,000 - Parks & Recreation 4,455,000 5,358,250 903,250 Cultural Services 40,000 40,000 - Special Recreation Facilities 22,375,530 22,682,262 306,732 TOTAL PROJECT EXPENDITURES 153,385,680 159,736,693 6,351,013 GENERAL SOURCES: General Operating Revenue 16,456,290 17,350,075 893,785 Penny for Pinellas 24,994,030 24,994,030 - Road Millage 4,536,570 4,536,570 - Local Option Gas Tax 1,427,150 1,427,150 - Grants 1,656,000 2,447,775 791,775 County Fire Reimbursements 387,780 1,517,780 1,130,000 Other Governmental - 302,106 302,106 Special revenue Funds - 1,438,013 1,438,013 Multi-Modal Impact Fee 1,140,000 1,140,000 - Open Space Impact Fee - 620,000 620,000 Donations 150,000 150,000 - Other - 37,195 37,195 Reimbursements 1,515,000 1,541,759 26,759 54 Ordinance # 9756-24 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2023/24 First Qtr. Original Amended Budget Budget 2023/24 2023/24 Amendments SELF SUPPORTING FUNDS: Parking Revenue 14,025,000 14,152,644 127,644 Marine Revenue 1,150,000 1,152,500 2,500 Clearwater Harbor Marina Revenue 175,000 177,126 2,126 Airpark Revenue 35,000 227,840 192,840 Water Revenue 17,583,790 17,583,790 - Sewer Revenue 14,308,780 14,308,780 - Utility R&R 13,816,850 13,816,850 - Water Impact Fees 160,000 160,000 - Sewer Impact Fees 50,000 50,000 Stormwater Utility Revenue 7,639,740 7,683,740 44,000 Gas Revenue 12,725,000 12,877,689 152,689 Solid Waste Revenue 7,200,000 7,200,000 INTERNAL SERVICE FUNDS: Garage Revenue 429,500 590,930 161,430 Administrative Services Revenue 1,475,000 1,475,000 - General Services Revenue 100,000 100,000 - Central Insurance Revenue 175,000 175,000 - BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 9,624,200 10,052,352 428,152 Lease Purchase - Administrative Services 450,000 450,000 - TOTAL ALL FUNDING SOURCES:153,385,680 159,736,693 6,351,013 55 Ordinance # 9756-24 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0372 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 14.1 SUBJECT/RECOMMENDATION: Clearwater Representative at Florida Housing Coalition SHIP Meeting SUMMARY: Designate a councilmember to attend the workshop on April 11, 2024 at 2:00 p.m. Page 1 City of Clearwater Printed on 3/26/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0383 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 14.2 SUBJECT/RECOMMENDATION: Clearwater Representative on the Tourist Development Council SUMMARY: Page 1 City of Clearwater Printed on 3/26/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0307 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.1 SUBJECT/RECOMMENDATION: March/April Service Awards SUMMARY: 5 Years of Service Andres Villamarzo Finance/Utility Customer Service Alyssa Gagliardi Finance Hunter Walke Parks & Recreation Kevin Richendollar Solid Waste Kenneth Cotton Solid Waste Christopher Chester Parks & Recreation Jessica Caballero-Ashmeade Public Utilities Colton Wetherington Parks & Recreation Bernard Wigfals Public Works Benjamin Bieber Police Jonathan Reid Police Teresa Myrick Finance/Utility Customer Service 10 Years of Service Reynold Choo Chew Parks & Recreation Karla Deas Planning & Development Scott Ehlers Fire Steven Murphy Planning & Development John Phipps Public Utilities Victoria Martin Fire Michael Jaso Fire Ryan Bessler Fire Andrew Eddinger Fire David Lawrence Fire 15 Years of Service Jacqueline Calder Public Utilities Sharon Huskey Finance/Utility Customer Service 20 Years of Service Daniel Hollingsworth Public Utilities James Deluca Public Utilities Joseph Ryan Public Utilities Tarik Jones Solid Waste Page 1 City of Clearwater Printed on 3/26/2024 File Number: ID#24-0307 25 Years of Service Thomas Lulek Police Lawrence Labus Parks & Recreation Cherise Sarnoff Parks & Recreation Nicole Sprague City Clerk’s Office 30 Years of Service Stephen Martindale Public Utilities John Dorsey Solid Waste STRATEGIC PRIORITY: Service awards are directly tied to our strategic plan as we continue to provide Superior Public Service by attracting and retaining top-quality personnel through the maintenance of a competitive compensation program. We also encourage professional development through employee educational opportunities, skills-based training, and leadership succession planning. Page 2 City of Clearwater Printed on 3/26/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0316 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.2 SUBJECT/RECOMMENDATION: Fair Housing Month Proclamation: April 2024 - Angela Emersion & Joe Farrell, Pinellas Realtor Organization members: Page 1 City of Clearwater Printed on 3/26/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0333 Agenda Date: 4/1/2024 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.3 SUBJECT/RECOMMENDATION: Donate Life Month Proclamation April 2024 - Ms. Wetzel at LifeLink Page 1 City of Clearwater Printed on 3/26/2024