04/15/2024Monday, April 15, 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 15, 2024Council Work Session Work Session Agenda
1. Call to Order
2. Economic Development and Housing
Approve the Local Housing Assistance Plan (LHAP) for FY2024-2025
through Fiscal Year 2026-2027; authorize appropriate officials to execute
the Certification to Florida Housing Finance Corporation; and adopt
Resolution 24-08.
2.1
3. Gas System
Authorize purchase orders to Control Southern, Inc. of Suwanee, GA,
DevTech Sales, Inc. of Avon Park, FL, Equipment Controls Company of
Norcross, GA, Jem-Tech Incorporated of Malabar, FL and Maireco, LLC
of Leeds, AL for natural gas meters and regulators in the cumulative
annual not-to-exceed amount of $1,300,000.00 for the term April 1, 2024
through March 31, 2025, with the two, one-year renewal options pursuant
to Invitation to Bid 15-24 and authorize the appropriate officials to execute
same. (consent)
3.1
4. Human Resources
Approve the Second Amendment between the City of Clearwater and the
International City Management Association Retirement Corporation
(ICMA-RC) dba MissionSquare Retirement (MissionSquare) to provide
administrative services as Administrator of the City 401a Money Purchase
Pension Plan and the voluntary 457 Deferred Compensation Plan, for the
term June 1, 2024 through May 31, 2029, pursuant to RFP 16-18 and
Clearwater Code of Ordinances Section 2.563(1)(d), Non-Competitive
Purchase, and authorize the appropriate officials to execute same.
(consent)
4.1
5. Parks and Recreation
Award purchase orders to Quality Sod and Landscape LLC, Sunbelt Sod
and Grading Co. and Tom’s Sod Service, Inc. for citywide sod needs in
the cumulative annual amount of $300,000.00 for the initial term April 19,
2024 through April 18, 2025, with two, one-year renewal options pursuant
to Invitation to Bid 19-24 and authorize the appropriate officials to execute
same. (consent)
5.1
Page 2 City of Clearwater Printed on 4/10/2024
April 15, 2024Council Work Session Work Session Agenda
Authorize a Guaranteed Maximum Price proposal to Keystone Excavators,
Inc. of Oldsmar, Florida, in the amount of $532,873.50, for pavement
milling and resurfacing at six Parks and Recreation facilities, including
Country Hollow Park, Forest Run Park, Glen Oaks Park, Phillip Jones
Park, Soule Road Park, and Woodgate Park, pursuant to Request for
Qualifications (RFQ) 40-20, Construction Manager at Risk (CMAR)
Services Continuing Contracts and authorize the appropriate officials to
execute same. (consent)
5.2
Authorize a Guaranteed Maximum Price proposal to Certus Builders of
Bristol, Florida, for professional construction services to include the final
design and subsequent construction of new structural and surface
improvements at 201 Glenwood Avenue (Crest Lake Park) in the amount
of $101,882.51 pursuant to Request for Qualifications (RFQ) 40-20,
Construction Manager at Risk (CMAR) Services Continuing Contracts and
authorize the appropriate officials to execute same. (consent)
5.3
6. Planning
Approve the annexation, initial Future Land Use Map designation of
Residential Low (RL) and initial Zoning Atlas designation of Low Medium
Density Residential (LMDR) District for 1485 Grove Circle Court, and
pass Ordinances 9733-24, 9734-24, and 9735-24 on first reading.
(ANX2023-11012)
6.1
Approve the annexation, initial Future Land Use Map designation of
Residential Low (RL) and initial Zoning Atlas designation of Low Medium
Density Residential (LMDR) District for 3076 Grand View Avenue, and
pass Ordinances 9736-24, 9737-24, and 9738-24 on first reading.
(ANX2023-11013)
6.2
Approve the annexation, initial Future Land Use Map designation of
Residential Low (RL), and initial Zoning Atlas designation of Low Medium
Density Residential (LMDR) District for 1410 Lime Street, together with
the abutting right-of-way of Lime Street, and pass Ordinances 9750-24,
9751-24, and 9752-24 on first reading. (ANX2024-02001)
6.3
7. Solid Waste
Approve an increase on the purchase order to QTM, Inc of Oldsmar, FL,
for pit repairs to the Solid Waste Transfer Station in the amount of
$132,431.00, for a combined total amount of $227,431.00, pursuant to ITB
52-22 Welding, Metal Fabrication and Related Services and authorize the
appropriate officials to execute same. (consent)
7.1
8. City Clerk
Page 3 City of Clearwater Printed on 4/10/2024
April 15, 2024Council Work Session Work Session Agenda
Appoint two individuals to the Environmental Advisory Board to fill the
remainder of two unexpired term, one through December 31, 2025 and
one through October 31, 2025.
8.1
Appoint an individual to the Community Development Board to fill the
remainder of an unexpired term through February 28, 2026.
8.2
Appoint Councilmembers to Regional and Miscellaneous Boards.8.3
9. City Attorney
Approve a Legal Services Agreement between the City and Manson
Bolves Donaldson Tanner, P.A. for the legal representation in the matter of
Bayesplanade.com, LLC v. City of Clearwater - 24-001035-CI, in an initial
amount not to exceed $25,000 and authorize the appropriate officials to
execute same. (consent)
9.1
10. City Manager Verbal Reports
11. City Attorney Verbal Reports
12. Council Discussion Item
Opioid Abatement Funding Committee - Councilmember Teixeira12.1
13. 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).
14. Closing Comments by Mayor
15. Adjourn
16. Presentation(s) for Council Meeting
2024 Arbor Day Proclamation16.1
Airpark Advisory Board Annual Presentation.16.2
Page 4 City of Clearwater Printed on 4/10/2024
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0400
Agenda Date: 4/15/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Approve the Local Housing Assistance Plan (LHAP) for FY2024-2025 through Fiscal Year 2026-2027;
authorize appropriate officials to execute the Certification to Florida Housing Finance Corporation; and
adopt Resolution 24-08.
SUMMARY:
Florida Statute Section 420.9072 requires counties and cities receiving State Housing Initiatives
Partnership (SHIP) Program funds to develop a three-year LHAP outlining strategies for how the funds will
be utilized.
The city receives annual allocations from the State of Florida through the Florida Housing Finance
Corporation (FHFC). The City expends SHIP funds per the strategies outlined in the LHAP. The City’s
current LHAP covers state fiscal years 2021-2022 through 2023-2024. The state fiscal year begins on July
1 and ends on June 30 annually. Over the term of the current LHAP, the city received SHIP allocations of
$809,837, $1,127,930, and $1,365,854; and program income of $1,042,172, $741,180, and $848,439
(through January 2024) for fiscal years 2021-2022, 2022-2023, and 2023-2024 respectively.
The new LHAP will cover state fiscal years 2024-2025 through 2026-2027. The strategies outlined in the
new LHAP are a continuation of the city’s current LHAP. All changes made within the new LHAP will be
retroactive to the current LHAP to enable the use of prior year funds, if available.
The LHAP is comprised of Housing Strategies and Incentive Strategies. The Housing Strategies Include:
·Purchase Assistance with Rehabilitation: This program provides funds to developers and
community-based non-profit organizations to acquire, rehabilitate and resell single-family housing units.
The community land trust principles may be utilized. This strategy also includes down payment
assistance for eligible homebuyers as described below.
·Purchase Assistance for Existing Home without Rehabilitation: The city will use SHIP funds to provide
down payment and closing costs assistance to eligible homebuyers purchasing new and existing homes.
The maximum assistance is Seventy-Five Thousand Dollars ($75,000). Borrowers will be required to make
a minimum One Thousand Dollar ($1,000) cash contribution toward the purchase price. The loan will be
deferred for clients with total household income under 50% of Area Median Income (AMI) and will be
forgiven at the end of the 25-year loan term. For clients with household income above 50% AMI and up to
120% AMI, the loan will be deferred for five (5) years and 50% of the loan will be amortized over the
following twenty (20) years. At the end of the 25-year loan term, the balance of the loan will be forgiven.
·Owner-Occupied Rehabilitation: The city will provide funds for the rehabilitation of owner-occupied
single-family residences. The maximum loan is Sixty Thousand Dollars ($60,000); an additional Fifteen
Thousand Dollars ($15,000) in grant funds may be provided to remove accessibility barriers and to improve
accessibility for people with special needs. For households with income up to 80% AMI, the loan will be
deferred for 20 years and forgiven at the end of the loan term. Clients above 80% AMI and up to 120% AMI
will be required to repay 50% of the loan over 20 years and the remaining balance will be forgiven at the
end of the loan term.
·New Construction: This program provides funds to eligible developers and community based non-profit
organizations for the development of new single-family housing units.
·Multifamily Housing: The city will provide SHIP funds to developers and community based non-profit
organizations to support the acquisition, rehabilitation, and new construction of rental housing.
Page 1 City of Clearwater Printed on 4/10/2024
File Number: ID#24-0400
·Disaster Assistance: In the case of natural or man-made disasters, this strategy will utilize SHIP
funding for emergency or interim repairs.
·Demolition/Relocation/Construction: This strategy may be used when a home has fallen into disrepair
to the point of being unsafe and the cost to repair the home exceeds the maximum assistance under the
Home Rehabilitation Strategy. The maximum award under this strategy is Two Hundred Thousand Dollars
($200,000). The loan will be deferred for clients with total household income under 50% AMI and the loan
will be forgiven at the end of the 25-year loan term. For clients with household income above 50% AMI and
up to 120% AMI, the loan will be deferred for five (5) years and 50% of the loan will be amortized over the
following twenty (20) years. At the end of the 25-year loan term, the balance of the loan will be forgiven.
·Rental Assistance: Funds will be awarded to income eligible rental households to prevent against the
threat of eviction and becoming homeless. Eligible expenses include utility deposits, security deposits
and assistance for utility and rent arrears.
The Affordable Housing Advisory Committee (AHAC) convened in the fall of 2023 to review policies and
procedures, ordinances, land development regulations and the city’s adopted comprehensive plan. The
AHAC’s objective was to recommend specific actions or initiatives to encourage or facilitate affordable
housing. The proposed LHAP includes the following nine incentive strategies recommended by the AHAC:
·Expedited Permitting: Streamline permits as provided for in Florida Statutes Section 163.3177 (6) (f)
(3), for affordable housing projects are expedited to a greater degree than other projects.
·Ongoing Review Process: An ongoing process for review of local policies, ordinances, regulations, and
plan provisions that increase the cost of housing prior to their adoption.
·Modification of Fees: The Economic Development and Housing Department will continue to assist with
the payment of Plan Review and Permit Fees and impact fees utilizing state and federal funds designated
for affordable housing.
·Flexible Densities: The city supports flexibility in densities for affordable housing through its
Comprehensive Plan policies, through its Community Development Code and in accordance with the Live
Local Act.
·Accessory Dwelling Units: The city will continue to allow for accessory dwelling units in non-residential
zoning districts as described within the city’s Community Development Code.
·Parking Reduction: The Housing Element of the city’s Comprehensive Plan supports the reduction of
Parking and setback requirements for affordable housing developments.
·Flexible Lot Configuration: The city currently allows flexible setback requirements for affordable
Housing developments. The plan must be sensitive to the character and context of the existing
neighborhood.
·Proximity to Transportation, Employment & Mixed-Use Development: The city will maintain and
implement policies of the city’s Comprehensive Plan that incentivize affordable housing development
proximate to transportation hubs, major employment centers, and mixed-use development.
·Financing: The city will diversify financial strategies to contribute to the new construction and
maintenance of affordable housing and financial assistance to obtain housing.
At its meeting held on April 9, 2024, the Neighborhood and Affordable Housing Advisory Board
recommended city council approval of this item.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
Page 2 City of Clearwater Printed on 4/10/2024
File Number: ID#24-0400
N/A
STRATEGIC PRIORITY:
Objective 2.4 - Supports equitable housing programs that promote household stability and reduces the
incidence of homelessness within Clearwater.
Page 3 City of Clearwater Printed on 4/10/2024
SHIP LHAP Template 2016-001
[eff. Date 7/1/2024]
1
CITY OF CLEARWATER, FLORIDA
SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP)
2024-2025, 2025-2026, 2026-2027
SHIP LHAP Template 2016-001
[eff. Date 7/1/2024]
2
Table of Contents
Description Page #
Section I, Program Details 3
Section II, Housing Strategies 8
A. Purchase Assistance with Rehabilitation 7
B. Purchase Assistance for Existing Homes without Rehabilitation 10
C. Owner Occupied Rehabilitation 12
D. New Construction (including Purchase Assistance) 15
E. Multifamily Housing 18
F. Disaster Assistance 19
G. Demolition/Relocation/Construction 20
H. Rental Assistance 21
Section III, Incentive Strategies 22
A. Expedited Permitting 22
B. Ongoing Review Process 22
C. Other Adopted Incentive Strategies 23
Exhibits
A. Administrative Budget for each fiscal year covered in the Plan
B. Timeline for Estimated Encumbrance and Expenditure
C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan
D. Signed LHAP Certification
E. Signed, Dated, Witnessed or Attested Adopting Resolution
SHIP LHAP Template 2016-001
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I. Program Details:
A. LG(s)
Name of Local Government City of Clearwater
Does this LHAP contain an interlocal agreement? No
If yes, name of other local government(s) N/A
B. Purpose of the program:
• To meet the housing needs of the very low-, low- and moderate-income households;
• To expand production and preservation of affordable housing; and
• To further the housing element of the local government comprehensive plan specific to affordable
housing.
C. Fiscal years covered by the Plan: 2024-2025, 2025-2026, 2026-2027
D. Governance: The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes
and Chapter 67-37, Florida Administrative Code. Cities and Counties must be in compliance with these
applicable statutes, rules and any additional requirements as established through the Legislative process.
E. Local Housing Partnership: The SHIP Program encourages building active partnerships between
government, lending institutions, builders and developers, not-for-profit and community-based housing
providers and service organizations, providers of professional services related to affordable housing,
advocates for low-income persons, real estate professionals, persons or entities that can provide housing
or support services, and lead agencies of the local continuums of care.
F. Leveraging: The Plan is intended to increase the availability of affordable residential units by combining
local resources and cost saving measures into a local housing partnership and using public and private funds
to reduce the cost of housing. SHIP funds may be leveraged with, or used to supplement, other Florida
Housing Finance Corporation programs and to provide local match to obtain federal housing grants or
programs.
G. Public Input: Public input was solicited through face-to-face meetings with housing providers, social service
providers, and local lenders and neighborhood associations. Public input was solicited through the local
newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability.
H. Advertising and Outreach: SHIP funding availability shall be advertised in a newspaper of general
circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning
of the application period. If no funding is available due to a waiting list, no notice of funding availability is
required.
I. Waiting List/Priorities: A waiting list will be established when there are eligible applicants for strategies
that no longer have funding available. Those households on the waiting list will be notified of their status.
Applicants will be maintained in an order that is consistent with the time completed applications were
submitted as well as any established funding priorities as described in this plan.
SHIP LHAP Template 2016-001
[eff. Date 7/1/2024]
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The following priorities for funding (very low income, Special Needs, etc.) described/listed here apply to all
strategies unless otherwise stated in an individual strategy in Section II:
1. Special Needs Households:
a. Very low
b. Low
c. Moderate
2. Essential Services Personnel:
a. Very low
b. Low
c. Moderate
3. After Special needs and Essential Services Personnel goals are met:
a. Very Low
b. Low
c. Moderate
J. Discrimination: In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the
basis of race, color, religion, sex, national origin, age, handicap, or marital status in the award application
process for eligible housing.
K. Support Services and Counseling: Support services are available from various sources. Available support
services may include, but are not limited to, Homeownership Counseling (Pre and Post), Credit Counseling,
Tenant Counseling, Foreclosure Counseling, and Transportation.
L. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of
the average area purchase price in the statistical area in which the eligible housing is located. Such average
area purchase price may be that calculated for any 12-month period beginning not earlier than the fourth
calendar year prior to the year in which the award occurs. The sales price of new and existing units, which
can be lower but may not exceed 90% of the average area purchase price established by the U.S. Treasury
Department or as described above. Current purchase price limits can be found here: Purchase Price Limits
The methodology used is:
U.S. Treasury Department X
Local HFA Numbers
M. Income Limits, Rent Limits and Affordability: The Income and Rent Limits used in the SHIP Program are
updated annually by the Department of Housing and Urban Development and posted at
www.floridahousing.org.
“Affordable” means that monthly rents or mortgage payments including taxes and insurance do not exceed
30 percent of that amount which represents the percentage of the median annual gross income for the
households as indicated in Sections 420.9071, F.S. However, it is not the intent to limit an individual
household’s ability to devote more than 30% of its income for housing, and housing for which a household
SHIP LHAP Template 2016-001
[eff. Date 7/1/2024]
5
devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender
is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the
case of rental housing does not exceed those rental limits adjusted for bedroom size.
N. Welfare Transition Program: Should an eligible sponsor be used, a qualification system and selection
criteria for applications for Awards to eligible sponsors shall be developed, which includes a description
that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will
be given preference in the selection process.
O. Monitoring and First Right of Refusal: In the case of rental housing, the staff and any entity that has
administrative authority for implementing the Local Housing Assistance Plan assisting rental developments
shall annually monitor and determine tenant eligibility or, to the extent another governmental entity
provides periodic monitoring and determination, a municipality, county or local housing financing authority
may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the
original amount of $10,000 or less shall not be subject to these annual monitoring and determination of
tenant eligibility requirements. Tenant eligibility will be monitored annually for no less than 15 years or the
term of assistance, whichever is longer, unless as specified above. Eligible sponsors that offer rental housing
for sale before 15 years or that have remaining mortgages funded under this program must give a first right
of refusal to eligible nonprofit organizations for purchase at the current market value for continued
occupancy by eligible persons.
P. Administrative Budget: A line-item budget is attached as Exhibit A. The city/county finds that the moneys
deposited in the local housing assistance trust fund are necessary to administer and implement the local
housing assistance plan.
Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, states: “A county or an
eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing
body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income
is insufficient to adequately pay the necessary costs of administering the local housing assistance plan.”
Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, further states: “The
cost of administering the program may not exceed 10 percent of the local housing distribution plus 5 percent
of program income deposited into the trust fund, except those small counties, as defined in s. 120.52(19),
and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent
of program income for administrative costs.”
The applicable local jurisdiction has adopted the above findings in the resolution attached as Exhibit E.
Q. Program Administration: Administration of the local housing assistance plan will be performed by:
Entity Duties Admin. Fee
Percentage
Local Government 7%
Third Party Entity/Sub-recipient 3%
SHIP LHAP Template 2016-001
[eff. Date 7/1/2024]
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R. First-time Homebuyer Definition: For any strategies designed for first-time homebuyers, the following
definition will apply: An individual who has had no ownership in a principal residence during the 3-year
period ending on the date of purchase of the property. This includes a spouse (if either meets the above test,
they are considered first-time homebuyers). A single parent who has only owned a home with a former
spouse while married. An individual who is a displaced homemaker and has only owned with a spouse. An
individual who has only owned a principal residence not permanently affixed to a permanent foundation in
accordance with applicable regulations. An individual who has only owned a property that was not in
compliance with state, local or model building codes and which cannot be brought into compliance for less
than the cost of constructing a permanent structure.
S. Project Delivery Costs: Project Delivery Costs will not exceed $5,000 per project. Project delivery costs for
the New Construction, Acquisition of Existing Home with or without Rehabilitation, Owner-Occupied
Rehabilitation, Rental including project-related activities, such as: performing inspections, developing work
write-ups, performing construction bid tasks, managing construction contracts, and approving change
orders and project payments. Project delivery costs for the Purchase Assistance Strategy includes
inspections of the housing units.
T. Essential Service Personnel Definition (ESP): ESP includes teachers and educators, other school district,
community college, and university employees, police and fire personnel, health care personnel, and skilled
building trades personnel.
U. Describe efforts to incorporate Green Building and Energy Saving products and processes:
The City will ensure that projects involving SHIP dollars will incorporate green building and energy saving
products. The Housing Rehabilitation, Housing Reconstruction, Multifamily Rental Construction and Single-
Family New Construction Strategies judiciously adhere to the U.S. Department of Housing and Urban
Development’s cost-effective energy conservation standards in consideration of economic feasibility for
each project.
• When new appliances are to be installed, they are to be Energy Star™ rated to reduce the energy
consumption of the residence which is being rehabilitated.
• The addition of insulation in the attic to a nominal level of R30 to further reduce the energy
consumption of cooling and heating units.
• Installing new HVAC units which use less energy by being more efficient than previously installed units.
The units must conform to the Florida Building Code and the Florida Energy Code (minimum of SEER
14) and they must be correctly sized for the building.
• When new HVAC ducts are installed, they are required to be insulated to a minimum of R-8 in
accordance with the Florida Energy Code.
• Replacement windows are to be hurricane impact, insulated and Energy Star™ A.N.S.I.A 134.1, NFRC
rated.
• Replacing doors with new engineered products which creates better air sealing with the program
required weather-stripping as well as being better constructed and more sustainable than existing
products.
V. Describe efforts to meet the 20% Special Needs set-aside: The City of Clearwater will market its programs,
with priority given to households with special needs. The Special Needs set-aside will be met through all
SHIP LHAP Template 2016-001
[eff. Date 7/1/2024]
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strategies with particular attention given to the owner-occupied rehabilitation and multi-family new
construction/rehabilitation strategies. The City of Clearwater will give first priority, in all housing strategies,
to serving persons with special needs with an emphasis on removing barriers. Florida Statutes
420.0004(13) defines Special Needs.
W. Describe efforts to reduce homelessness: The City of Clearwater initiated and maintains a comprehensive
and holistic approach by establishing the City Homeless Initiative Program. The Homeless Initiative
Program provides homeless individuals and families access to comprehensive services. The city has
committed its support to organizations that provides wrap-around services that address the root causes of
homelessness. In addition, the city contributes financially to the Homeless Leadership Alliance (HLA) which
is the umbrella organization overseeing the continuum of care providers and the HMIS Homeless
Management Information System in Pinellas County. The following are some of the ways in which city funds
are being used to provide services to individuals and families experiencing homelessness.
• Overnight emergency, transitional, or permanent housing to homeless individuals and/or families.
• Delivery of case management.
• Transportation services for veterans to Bay Pines Hospital.
Section II. LHAP Strategies:
A. PURCHASE ASSISTANCE WITH REHABILITATION Code 1, 9
a. Summary: The City of Clearwater through eligible developers (for profit and non-profit) will use SHIP
funds to acquire, rehabilitate and resell single-family housing units. The costs may include acquisition,
rehabilitation (to include innovative design and green principles) and other costs associated with the
resale of the single-family housing units.
The City may use SHIP funds as a match for the HOME program to loan funds to eligible developers
for acquisition and rehabilitation of existing housing units. Assistance will be repaid when the unit is
sold to an eligible buyer.
Under this strategy, the Community Land Trust principles may be utilized. The Community Land Trust
become stewards of the land and maintain it permanently beginning with a ninety-nine year,
renewable ground lease. Developers and non-profits may purchase homes to be placed in a
Community Land Trust. The homebuyers only own their home and sign a long-term lease on the land
their home sits on. This ensures the affordability of the home because the homebuyer only obtains a
mortgage on the structure.
For the Homebuyer:
The City of Clearwater through its housing programs and through its sub-recipients will use SHIP
funds to provide down payment and closing costs assistance to eligible very-low-to moderate
homebuyers of existing rehabilitated homes.
b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027
SHIP LHAP Template 2016-001
[eff. Date 7/1/2024]
8
c. Income Categories to be served: Very low, low and moderate
d. Maximum Award: $300,000 per unit per the developers/nonprofits (including project delivery costs);
$77,000 for the homebuyer ($75,000 Purchase Assistance loan + $2,000 project delivery costs). For
homebuyers, maximum assistance will be limited to gap financing, the lender’s minimum down
payment and reasonable closing costs, but shall not exceed $75,000.
e. Terms:
For the Developer:
1. Repayment loan/deferred loan/grant: Deferred payment mortgage and note not to exceed 24
months
2. Interest Rate: 0%
3. Years in loan term: Not to exceed 2 years
4. Forgiveness: N/A
5. Repayment: The loan is repaid when the house is sold, less a developer fee up to 15% of the
construction costs. The developer fee is calculated as a percentage of the total development costs.
Additionally, if the developer earns a return on investment (ROI) of less than 12% of total
development costs, then the loan repayment amount will be reduced to provide for a 12% ROI. For
the purposes of making this calculation, the developer fee is considered part of ROI. Additional
information is available in the city’s Single-Family New construction Developer Subsidy Policy which
can be found here: https://www.myclearwater.com/files/sharedassets/public/v/1/doing-
business-in-clearwater/house-amp-development-grants-incentives-and-
assistance/documents/single-family-new-construction-developer-subsidy-policy.pdf
6. Default: The loan becomes due and payable if, at end of the loan term, the home is not sold, or if
the home does not have a sales contract
For the Homebuyer:
1. Repayment loan/deferred loan/grant: Funds will be awarded as an amortized loan and forgivable
loan secured by a recorded subordinate mortgage and note.
2. Interest Rate: 0%
3. Years in loan term: 25
4. Forgiveness: 50% of the loan is deferred for the loan term and forgiven at maturity if no event of
default exists. For Very Low-income clients, 100% of the loan will be forgiven at the end of the loan
term.
5. Repayment: Payments on the amortized amount will commence after the deferral period of five
(5) years and be amortized over twenty (20) years
6. Default: The loan will be determined to be in default if any of the following occurs during the loan
term.
a) Death of the borrower(s). In the event the homeowner dies, this strategy allows for
assumption by eligible heirs.
b) Upon sale or transfer of title
c) Property is vacated and is no longer the primary residence of the borrowers
d) Property is converted into rental unit
e) Any refinancing with cash out or debt consolidation
SHIP LHAP Template 2016-001
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f) Loss of homeowners insurance
g) Loss of homestead exemption status
h) Failure to pay property taxes
In the event of non-payment or other default above, the City will follow its “Economic Development
Housing Department Affordable Housing Loan Foreclosure and Loan Foreclosure Alternative
Policy.” Also, the language below is included in the mortgage note: The Note Holder shall have the
optional right to declare the amount of the total balance due and forthwith payable in advance of
the Maturity Date upon the occurrence of any Event of Default or failure to perform in accordance
with any of the terms and conditions set forth in the Subordinate Mortgage. Upon exercise of this
option by the Note Holder, the entire principal shall bear interest at the rate of 3% per annum.
Forbearance to exercise this option with respect to any failure or breach of the Borrower shall
constitute a waiver of the right as to any continuing failure or breach of any subsequent failure or
breach.
If the home is foreclosed on by a superior mortgage holder, the City will make an effort to recapture
funds through the legal process if it is determined that adequate funds may be available to justify
pursuing recapture.
f. Recipient/Tenant Selection Criteria: Applicants will be ranked for assistance based on first-qualified,
first-served basis with the priorities for Special Needs, Essential Services Personnel, and income
groups as described in Section I. (1) of this plan. To qualify for assistance, an eligible buyer must meet
the following requirements:
1. The applicant is not required to be a First-Time Homebuyer to qualify for assistance, but they
cannot own a property serving as the principal residence at the time of closing.
2. In addition, households that have been assisted with any City’s funds in the past are ineligible to
receive funding again through any of the Housing Division’s Programs, unless the prior assistance
has been paid in full and a Satisfaction of Mortgage executed and recorded in Public Records, or
unless there is some form of “hardship” as defined. Examples of hardship include divorce,
permanent layoff, physical or mental disability, fire, flood, or natural disaster or the death of a
family member. Hardship determination will be determined and approved on a case-by-case basis
by the Director of the Department.
3. The Borrower must have sufficient cash reserve, after closing, of at least 2 times the total monthly
housing expenses, including PITI and any association fees.
g. Sponsor Selection Criteria: All program sponsors will be selected using a competitive application
process. Eligible sponsors that provide assistance under this program will be required to contractually
commit and comply with all SHIP program requirements.
h. Additional Information:
To qualify for Purchase Assistance:
1. Applicants must be able to obtain a first mortgage from a licensed lending institution.
2. The first mortgage cannot exceed a term of thirty (30) years, the Lender fees are limited to 4% of
the loan amount.
3. Maximum DTI ratio should not exceed 50%
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4. Households with liquid assets greater than $50,000 do not qualify.
5. Applicants will contribute a minimum of a $1,000 toward the transaction. Examples of such
contributions include, but are not limited to, required pre-paid items that the buyer pays, such as
earnest money deposit, appraisal, home inspection, and homeowner’s insurance.
6. All buyers must have completed at least eight (8) hours of homebuyers’ education through a HUD-
approved housing counseling agency.
7. Other state, federal, county, private and homeowner contributions may be leveraged with SHIP
funds.
8. Mobile homes are not eligible for assistance.
9. All properties being purchased must meet the HUD HQS. An inspection is required to verify that
the property meets applicable safety/code requirements. If repairs are required to bring the
property to HUD HQS standards and the cost for the repairs exceeds $1,000, the property will be
coded as “purchase assistance with rehabilitation. “If the seller can provide documentation to
show that the property had repairs over $1,000 completed within the past twelve (12) months, the
property will be coded as “purchase assistance with rehabilitation.”
10. There may be instances where the cost to develop the project is higher that the sales price. When
the developer sells the property to an income eligible buyer and the loan proceeds are remitted to
the City, the difference between the sales price and the development costs will be forgiven and
recognized as a grant to the homebuyer.
B. PURCHASE ASSISTANCE FOR EXISTING HOME WITHOUT REHABILITATION Code 2
a. Summary: The City of Clearwater through its housing programs and sub-recipients will use SHIP
funds to provide down payment and closing costs assistance to purchase existing homes. Property
purchased must become the primary residence of the buyer. To qualify for assistance, applicants
must be able to obtain a first mortgage from a licensed lending institution. The first mortgage
cannot exceed a term of 30 years with a fixed rate. The City may use SHIP funds as a match for the
HOME program.
b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027
c. Income Categories to be served: Very low, low and moderate
d. Maximum award: $77,000 ($75,000 downpayment and closing cost assistance + plus $2,000 project
delivery costs)
e. Terms:
1. Repayment loan/deferred loan/grant: Funds will be awarded as an amortized and forgivable loan
secured by a recorded subordinate mortgage and note.
2. Interest Rate: 0%
3. Years in loan term: 25
4. Forgiveness: 50% of the loan is deferred for the loan term and forgiven at maturity if no event of
default exists. For Very Low-income clients, 100% of the loan will be forgiven at the end of the loan
term.
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5. Repayment: Funds will be awarded as an amortized loan and a forgivable loan secured by a
recorded subordinate mortgage and note. Fifty percent (50%) of the loan will be forgiven at the
end of the loan term. For repayment, the loan will be deferred for the first five years (deferred
period) with monthly payments commencing at the end of deferred period. For Very-Low Income
clients, there is no repayment if no event of default exists.
6. Default: The loan will become due and payable if one of the following occurs:
a) Death of the borrower(s). In the event borrower should die, this strategy allows for
assumption by eligible heirs.
b) Upon sale or transfer of title
c) Property is vacated and no longer the primary residence of the borrower.
d) Property is converted into a rental unit
e) Any refinancing with cash out of debt consolidation
f) Loss of homeowners insurance
g) Loss of homestead exemption status
h) Failure to pay property taxes
In the event of non-payment or other default above, the City will follow its “Economic Development
Housing Department Affordable Housing Loan Foreclosure and Loan Foreclosure Alternative
Policy” Also, the language below is included in the mortgage note: The Note Holder shall have the
optional right to declare the amount of the total balance due and forthwith payable in advance of
the Maturity Date upon the occurrence of any Event of Default or failure to perform in accordance
with any of the terms and conditions set forth in the Subordinate Mortgage. Upon exercise of this
option by the Note Holder, the entire principal shall bear interest at the rate of 3% per annum.
Forbearance to exercise this option with respect to any failure or breach of the Borrower shall
constitute a waiver of the right as to any continuing failure or breach of any subsequent failure or
breach.
If the home is foreclosed on by a superior mortgage holder, the City will make an effort to recapture
funds through the legal process if it is determined that adequate funds may be available to justify
pursuing recapture.
f. Recipient/Tenant Selection Criteria: Applicants will be ranked for assistance based on a first-qualified,
first-served basis with the priorities for Special Needs, Essential Services Personnel and income groups
as described in section I. (I) of this plan.
g. Sponsor Selection Criteria: All program sponsors or sub-recipients will be selected using the City’s
Consolidated Annual Action Plan. Eligible sponsors or sub-recipients that provide assistance under this
strategy will be required to contractually commit and comply with all SHIP program requirements.
h. Additional Information.
To qualify for assistance:
1. Borrowers must be able to obtain a first mortgage from a licensed lending institution.
2. The first mortgage cannot exceed a term of thirty (30) years, the lender fees are limited to 4% of
the loan amount.
3. Maximum DTI ratio should not exceed 50%
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4. Borrowers will contribute a minimum of $1,000 toward the transaction. Examples of such
contribution include, but are not limited to, required pre-paid items that the buyer pays, such as
earnest deposit, appraisal, home inspection, and homeowner’s insurance.
5. The Borrower must have sufficient cash reserve after closing, of at least 2 times the monthly
housing expenses, including PITI and any association fees.
6. Households with liquid assets greater than $50,000 do not qualify.
7. All Borrowers must have completed at least eight (8) hours of home buyer education through a
HUD-approved housing counseling agency.
8. Other state, federal, county, private and homeowner contributions may be leveraged with SHIP
funds.
9. All properties being purchased must meet the HUD HQS standards. An inspection is required to
verify that the property meets applicable safety/code requirements.
C. OWNER-OCCUPIED REHABILITATION Code 3, 6
a. Summary: The City of Clearwater will award SHIP funds to income eligible households for the
rehabilitation of owner-occupied residences whose Just Value, as determined by the Pinellas County
Property Appraiser, does not exceed $481,176. Assistance may be used by the homeowner for
housing rehabilitation such as, but not be limited to, the following:
1. Correct housing code deficiencies
2. Adapt the residence to meet accessibility needs of a disabled family member
3. Modifying the living space to accommodate additional household members may be approved by
the city if the city determines a hardship exists.
In cases where health, safety and welfare of the household are in jeopardy, they shall receive priority
and staff shall evaluate the situation to determine if the work may be done as emergency repairs.
Such things that are considered “emergency repairs” are:
1. Structural components that show signs of imminent collapse
2. Inoperable heating systems during the winter months
3. Water leaks in walls or foundation
4. Roof leaks with a likelihood of causing electrical hazards, ceiling collapse or structural damage
5. Inoperable exterior doors and/or windows, preventing emergency egress
6. Falling Ceiling
7. Lead-based paint
8. ADA modifications of an immediate nature
The City of Clearwater will award SHIP funds in a form of a grant to eligible households to remove
barriers and improve accessibility. Qualified persons are defined as persons with special needs in
accordance with the definitions of “Persons with special needs” set forth in Sections 420.0004(13)
and (393.063(9) Florida Statutes, needed home modifications, including technological
enhancements and devices, which all the applicants/household members to remain independent in
their homes.
Accessibility improvements may include such things as:
1. Widening of doorways
2. Lowering of cabinets
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3. Installation of grab-bars, roll-in shower/tub, comfort-height toilets and flooring
4. Visual guiding systems for the hearing impaired
5. Roll-in shower/tub
6. Wheelchair ramp
b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027
c. Income Categories to be served: Very low, low and moderate
d. Maximum award: $80,000
$60,000 loan + project delivery costs not to exceed $5,000. An additional $15,000 grant may be
provided to remove accessibility barriers and improve accessibility for people with special needs. The
$15,000 grant for special needs may be a stand-alone project.
e. Terms:
1. Repayment loan/deferred loan/grant: SHIP Funds will be awarded as deferred or repayment loans
secured by a Note and Mortgage.
Repayment Loans:
To qualify for a twenty-year, zero percent interest loan, eligible borrower must meet the following
criteria: All eligible borrowers with household income above moderate, will repay the rehabilitation
assistance at zero percent interest with the following stipulations:
The payments are deferred for 120 days from the Note date, with monthly payments commencing
at the end of the deferred period and amortized over 20 years. Payments are made on 50% of the
total loan balance, with the remaining 50% being forgiven at maturity, provided no event of default
exists.
Deferred Loans:
Borrowers with total household incomes up to 80% Area Median Income (Extremely Low, Very
Low, Low) will be awarded a 20-year deferred payment loan up to an amount of $60,000. The
deferred payment loan is satisfied at the end of the loan term, if no event of default occurs.
All Loans will be secured by a Mortgage and Note and recorded in public records.
2. Interest Rate: 0%
3. Years in loan term: 20 years
4. Forgiveness: Deferred loans will be forgiven at the end of the 20-year period.
5. Repayment: Moderate income borrowers will be awarded a 20-year payment loan. With
repayment loans, the remaining balance of 50% of the original loan will be forgiven at the end of
the loan term if no default exists.
6. Default: The loan will be determined to be in default in any of the following occurs during the
loan term:
a) Death of a borrower(s). In the event the homeowner should die, this strategy allows for
assumption by eligible heirs.
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b) Upon sale or transfer of title
c) Property is vacated and no longer the primary residence of the borrower
d) Property is converted into a rental unit
e) Any refinancing with cash out or debt consolidation
f) Loss of homeowners insurance
g) Loss of homestead exemption status
h) Failure to pay property taxes
i) Failure to occupy the home as a primary residence
In the event of non-payment or other default above, the City will follow its “Economic Development
Housing Department Affordable Housing Loan Foreclosure and Loan Foreclosure Alternative
Policy” Also, the language below is included in the mortgage note: The Note Holder shall have the
optional right to declare the amount of the total balance due and forthwith payable in advance of
the Maturity Date upon the occurrence of any Event of Default or failure to perform in accordance
with any of the terms and conditions set forth in the Subordinate Mortgage. Upon exercise of this
option by the Note Holder, the entire principal shall bear interest at the rate of 3% per annum.
Forbearance to exercise this option with respect to any failure or breach of the Borrower shall
constitute a waiver of the right as to any continuing failure or breach of any subsequent failure or
breach.
If the home is foreclosed on by a superior mortgage holder, the City will make an effort to recapture
funds through the legal process if it is determined that adequate funds may be available to justify
pursuing recapture.
f. Recipient/Tenant Selection Criteria: Applicants will be ranked for assistance based on a first-qualified
first-served basis with priorities for Special Needs, Essential Services Personnel and income groups
described in Section 1. (1) of this plan.
In addition, households that have been assisted through the rehabilitation with city funds within the
past are ineligible to receive funding again through any of the Housing Division’s Programs, unless prior
assistance has been paid in full and a Satisfaction of Mortgage executed and recorded in Public Records,
unless there is some form of “hardship” as defined. Example of hardship include, but may not be
limited to divorce, permanent layoff, physical or mental disability, fire, flood or natural disaster or the
death of a family member. Hardship determination will be determined and approved on a case-by case
basis by the Director of the Economic Development & Housing Department.
g. Sponsor Selection Criteria: Not applicable
h. Additional Information:
1. Applicants must the owner-occupant of the property.
2. The applicant must be current on their current mortgages, property taxes and homeowners’
insurance, flood insurance is required if the property is located in a flood zone.
3. Applicant must have sufficient equity in the property for the rehabilitation loan. Maximum loan to
value must not exceed 100% of the Just Value of the home as determined by the Pinellas County
Property.
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4. The value of the home as determined in Section H.3 above, shall not exceed just value.
D. NEW CONSTRUCTION Code 10
a. Summary: The City of Clearwater, through eligible developers (for profit and not-profit) will use SHIP
funds for the development of new single-family housing units. The costs may include acquisition, site
improvement and building costs to include innovative design and green principles. The City’s
specifications for new homes are tailored to meet green standards.
The City may use SHIP funds as a match for the HOME program to loan funds to eligible developers
(for profits and non-profits) for the construction of new single-family housing units, and in some cases,
acquisition of vacant properties and infrastructure costs for new housing development. Assistance
will be repaid when the unit is sold to an eligible homebuyer. A Land Use Restriction Agreement is
required for all newly constructed units.
For the Homebuyer: The City of Clearwater through its housing programs and through its sub-
recipients will use SHIP funds to provide down payment and closing cost assistance to eligible very
low-to moderate-income homebuyers for the newly constructed homes. The City may use SHIP
funding as a match to eligible buyers. A Land Use Restriction Agreement is required for all newly
constructed units.
b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027
c. Income Categories to be served: Very low, low and moderate
d. Maximum award: $300,000 per single-family home for developers (for profit and not profit). Maximum
award to homebuyer is $77,000 in the form of a $75,000 Purchase Assistance Loan + project delivery
costs not to exceed $2,000. An additional $15,000 grant may be provided to incorporate accessibility
for people with special needs.
e. Terms:
For the Developer:
1. Repayment loan/deferred loan/grant: deferred payment mortgage and note not to exceed 24
months
2. Interest Rate: 0%
3. Years in loan term: 2
4. Forgiveness: Upon the sale of the home to a qualified household, and no default exists, the city
will write down the loan to the developer to provide a developer fee up to 15% of construction
costs funded by the loan. In the event that, through no fault of the developer, the sales price of the
home results in a return on investment of less than 12% of total development costs, the City
reserves the right to allow for a write-down (forgiveness) equal to an amount that will provide for
an ROI of 12% of total development costs for the developer. The developer fee shall be considered
part of the developer’s ROI. When the developer sells the property to an income-eligible
homebuyer, the loan to the developer is satisfied. All proceeds from the sale of the property less
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the developer fee (and additional funds, if applicable, to ensure a 12% ROI) will be returned to the
City in the form of Program Income. The difference between the assistance provided to the
developer and program income will be recognized as grant to the homebuyer.
5. Repayment: The loan is repaid when the home is sold.
6. Default: The loan becomes due and payable, if, at the end of the loan term, the home is not sold,
or the home does not have a contract for sale.
For the Homebuyer:
1. Repayment loan/deferred loan/grant: Funds will be awarded as an amortized loan and forgivable
loan secured by a recorded subordinate mortgage and note. 50% of the loan will be forgiven at
the end of the loan term. The loan will be deferred for five (5) years with monthly payments
commencing at the end of the deferred period. For Very Low-income clients, payments are
deferred for the term of the loan.
2. Interest Rate: 0%
3. Years in loan term: 25 years
4. Forgiveness: 50% of the loan is deferred for the loan term and forgiven at maturity if no event of
default exists. For Very Low-income clients, 100% of the loan will be forgiven at the end of the loan
term.
5. Repayment: Payments on the amortized amount will commence after the 5-year deferral period
and be amortized over twenty (20) years. For Very Low-income clients there is no repayment
unless event of default exists.
6. Default: The loan will be determined to be in default in any of the following occurs during the loan
term:
a) Death of the borrower(s). In the event the homeowner should die, this strategy allows for
assumption by eligible heirs.
b) Upon sale or transfer of title
c) Property is vacated and is no longer the primary residence of the borrower
d) Property is converted into a rental unit
e) Any refinancing with cash out or debt consolidation
f) Loss of homeowners insurance
g) Loss of homestead exemption status
h) Failure to pay property taxes
In the event of non-payment or other default defined above, the city will follow its “Economic
Development & Housing Department Affordable Housing Loan Foreclosure and Loan Foreclosure
Alternative Policy”. Also, the language below is included in the mortgage note: The Note Holder
shall have the optional right to declare the amount of the total balance due and forthwith payable
in advance of the Maturity Date upon the occurrence of any Event of Default or failure to perform
in accordance with any of the terms and conditions set forth in the Subordinate Mortgage. Upon
exercise of this option by the Note Holder, the entire principal shall bear interest at the rate of three
(3) percent per annum. Forbearance to exercise this option with respect to any failure or breach of
the Borrower shall not constitute a waiver of the right as to any continuing failure or breach or any
subsequent failure or breach.
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If the home is foreclosed on by a superior mortgage holder, the City will make an effort to recapture
funds through the legal process if it is determined that adequate funds may be available to justify
pursuing recapture.
f. Recipient/Tenant Selection Criteria: Applicants will be ranked for assistance based on a first-
qualified, first served basis with the priorities for Special Needs, Essential Services Personnel, and
income groups as described in Section I. (I) of this plan. To qualify for assistance, an eligible buyer
must meet the following requirements:
1. The applicant is not required to be a First-Time Homebuyer to qualify for assistance, but they
cannot own a property serving as their principal residence at the time of closing.
2. In addition, households that have been assisted with any City’s funds in the past are ineligible to
Receive funding again through any of the Housing Division’s Programs, unless the prior assistance
has been paid in full and a Satisfaction of Mortgage executed and recorded in Public Records, unless
there is some form of “hardship” as defined. Examples of hardship include divorce, permanent
layoff, physical or mental disability, fire, flood, or natural disaster or the death of a family member.
Hardship determination will be determined and approved on a case-by-case basis by the Director
of the Department.
g. Sponsor Selection Criteria: All developers will be selected using the City’s Consolidated Annual Action
Plan Application process. Eligible developers (for-profit or non-profit organizations) that receive
assistance under this strategy will be required to contractually commit and comply with all SHIP
program requirements.
h. Additional Information:
To qualify for Purchase Assistance:
1. Applicants must be able to obtain a first mortgage from a licensed lending institution.
2. The first mortgage cannot exceed a term of thirty (30) years, the lender fees are limited to 4% of
the loan amount.
3. Maximum DTI ratio should not exceed 50%
4. Applicants will contribute $1,000 toward the transaction. Examples of such contributions include,
but not limited to, required pre-paid items that the buyer pays, such as earnest money deposit,
appraisal, home inspection, and homeowner’s insurance.
5. Borrowers must have sufficient cash reserve after closing of at least 2 times the total monthly
housing expenses, including PITI and associated fees.
6. All buyers must have completed at least eight (8) hours of homebuyer education through a HUD-
Approved housing counseling agency.
7. Other state, federal, county, private and homeowner contributions may be leveraged with SHIP
funds.
8. Mobile homes are not eligible for assistance.
9. There may be instances where the cost to develop the project is higher than the sales price. When
the developer sells the property to an income eligible buyer and the loan proceeds are remitted to
the city, the difference between the sales price and development costs will be forgiven and
recognized as a grant to the homebuyer.
10. The City may use SHIP funds as a match for the HOME program.
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E. MULTIFAMILY HOUSING Code 14, 21
a. Summary: SHIP funds may be provided as loans to developers (for profit and non-profit) to support
the acquisition, rehabilitation and /or new construction of multi-family housing, including single
family room occupancy, or the housing portion of a mixed used facility and/or mixed-income
projects. Funds may be used as a match for the U.S. Department of Housing Development’s HOME
program and various other programs offered by the federal government and the State of Florida to
construct and preserve multi-family housing.
b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027
c. Income Categories to be served: Very low and Low
d. Maximum award: $300,000 per unit new construction and acquisition, $100,000 per unit for
rehabilitation. No project shall exceed $600,000 in total SHIP funds.
e. Terms:
1. Repayment loan/deferred loan/grant: In accordance with the City’s funding for multi-family
acquisition, rehabilitation or new construction developments will vary from project to project.
2. Interest Rate: 0%
3. Years in loan term: A minimum of 20 years with a maximum of 30 years. The loan term will be
determined based on a financial analysis of the project and the project’s ability to pay back the
loan.
4. Forgiveness: N/A
5. Repayment: Loan is due and payable at the end of the loan term
6. Default: The loan will be determined to be in default if any of the following occurs during the
loan term:
a) Sale, transfer, or conveyance of property
b) Conversion to another use
c) Failure to maintain standards for compliance as required by any of the funding sources
d) If any of these occur, the outstanding balance will be due and payable.
f. Recipient/Tenant Selection Criteria: All applicants for residence in a SHIP-assisted unit must meet
income eligibility of the program as determined and reported by the developer’s management
company of the development.
g. Sponsor/Sub-recipient Selection Criteria: Eligible developers (for profit or non-profit) will be
selected using the City’s Consolidated Annual Action Plan Application process. Eligible individuals,
developers, or non-profit organizations that provide assistance under this strategy will be required to
contractually commit and comply with all SHIP program requirements.
Criteria includes:
1. A non-profit must have received a tax-exempt ruling from the IRS under section 501(c ) (3). The
non-profit corporation must be organized and established under the laws of the State of Florida.
2. A non-profit or for-profit corporation must have financial accountability standards that permit
the Economic Development & Housing Department to verify organizational and financial capacity
to carry out the project.
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3. A non-profit or for-profit organization must have experience in development appropriate to this
Strategy.
h. Additional Information:
1. Projects funded by loans for eligible rental housing acquired, constructed, and or rehabilitated or
otherwise assisted under this strategy must be reserved for eligible persons for at least the term
of the affordability period.
2. Developers (for profit or non-profit) will be required to meet compliance reporting requirements
on the development necessary to meet the statutory requirements for the monitoring of SHIP
rental units.
3. Depending on the financial projection of the project, the City may pay the developer up to a 12%
developer fee.
F. DISASTER ASSISTANCE Code 5, 16
a. Summary: The Disaster Strategy provides assistance to eligible households following a disaster as
declared by the President of the United States or Governor of the State of Florida. This strategy
will be implemented in the event of a disaster using any funds that have not yet encumbered or
with additional disaster funds allocated by Florida Housing Finance Corporation. Disaster funds
may be used for items such as, but not limited to:
1. Purchase of emergency supplies to weatherproof damaged homes; Interim repairs to avoid
further damage, tree debris removal required to make the individual housing habitable.
2. Payment of insurance deductibles for rehabilitation of homes covered under homeowners’
insurance policies
3. Security deposits for recipients that have been displaced from their home due to disaster.
4. Rental and utility assistance
5. Mortgage and utility payment
6. Strategies included in the approved LHAP that benefit applicants directly affected under the
Executive Orders
7. Other eligible activities as proposed and approved by Florida Housing Finance Corporation.
b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027
c. Income Categories to be served: Very-low, low and moderate
d. Maximum award: $20,000
e. Terms:
1. Repayment loan/deferred loan/grant: Funds will be awarded as a grant with no recapture terms.
2. Interest Rate: N/A
3. Years in loan term: N/A
4. Forgiveness: N/A
5. Repayment: N/A
6. Default: N/A
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f. Recipient/Tenant Selection Criteria: Applicants will be assisted on a first-qualified, first served basis.
Priority shall be given to persons who have special housing needs or individuals or households that
qualify as Elderly.
g. Sponsor Selection Criteria: A sponsor may be selected during a disaster declaration in or to provide
assistance to households in the community. Sponsors selection will be based on an agency’s experience
and capacity to carry out project delivery. A project delivery fee will be determined based on the scope
of the project.
h. Additional Information:
1. Annual funding is not allocated toward this Strategy. In the event of a disaster declaration,
unencumbered funds and/or additional funds award through Florida Housing Finance Corporation
for disaster will be used to fund this strategy.
2. If the homeowner is insured, proceeds from the insurance must be used first before SHIP funds,
except for the payment of the deductible.
G. DEMOLITION/RELOCATION/CONSTRUCTION Code 4
a. Summary: Single-family residential owner-occupied units, which are unsafe for habitation as determined
by the City’s Building Official, and the cost to repair the unsafe condition exceeds the maximum under the
Owner-Occupied Rehabilitation strategy, may be demolished and a new structure will be constructed on
the same site.
b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027
c. Income Categories to be served: Extremely Low, Very Low and Low
d. Maximum award: $200,000 for Demolition/Relocation/Construction. If homeowner cannot qualify for
a first mortgage, the City may use SHIP funds as a match for the HOME program funding.
e. Terms:
1. Repayment loan/deferred loan: funds will be awarded as amortized and forgivable loans secured
by a recorded mortgage and promissory note.
2. Interest Rate: 0%
3. Years in loan term: 25
4. Forgiveness: For low-to moderate-income clients, 50% of the loan is deferred for the loan term and
forgiven at maturity, if no event of default exists. For Very Low-income clients, 100
% of the loan will be forgiven at the end of the loan term.
5. Repayment: Funds will be awarded as an amortized loan and a forgivable loan secured by a
recorded mortgage and note. The loan will be deferred for the first five years (deferral period) with
monthly payments commencing at the end of the deferred period. Following the five-year deferral
period, fifty percent (50%) of the loan will be amortized at zero percent (0%) interest over the
remaining 20 years of the loan term and the lance balance will be forgiven at the end of the loan
term. For Very-Low Income clients, there is no repayment if no event of default exists.
6. Default: The loan will be determined to be in default if any of the following occurs: sale, transfer,
or conveyance of property; conversion to a rental property, loss of homeowners insurance; loss of
SHIP LHAP Template 2016-001
[eff. Date 7/1/2024]
21
homestead exemption status; failure to pay property taxes or failure to occupy the home as a
primary residence.
In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed
by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP
eligible or chooses not to occupy the home as their primary residence, the mortgage becomes due
and payable.
If the home is foreclosed on by a superior mortgage holder, the City will make an effort to recapture
funds through the legal process if it is determined that adequate funds may be available to justify
pursuing recapture.
f. Recipient/Tenant Selection Criteria: Applications for assistance under this program will be reviewed
and approved on a first qualified, first-served basis, with priority given to special needs, essential
service personnel, and households earning up to 80% AMI.
1. Must have resided in the dwelling for at least fifteen (15) years prior to the date of application,
with exception in the case of fire, severe water damage, sink holes, or structural damage not
covered under property insurance or other Federal or State programs.
2. Must not have received assistance from the City through CDBG, HOME, and/or SHIP funded
programs within the past five (5) years. Exceptions would be granted in the event of fire, severe
water damage, sink holes, or structural damage not covered under property insurance or other
Federal or State programs.
3. Must be current on existing mortgage payments. Any occurrences of 90-day late payment within
the previous 12 months as reported on a credit report will be evaluated on a case-by-case basis
and may serve as the basis for denial from the City.
4. Primary mortgage holder must provide written approval for the demolition/construction activity,
if applicable.
g. Sponsor Selection Criteria: Not applicable
h Additional Information: At a minimum, the constructed dwelling unit must have a living room, kitchen
area and bathroom. Also, it must have bedrooms to accommodate all household members according
to housing quality standards. Demolition/Construction of housing will not be made to owners of
manufactured or mobile homes. Temporary relocation expenses, including reasonable storage of
personal belongings, may be provided at an amount not to exceed $25,000 per unit, if there are no
other housing options such as living with family members.
H. RENTAL ASSISTANCE Code 13, 23
a. Summary: Funds will be awarded to income eligible rental households to prevent eviction and becoming
homeless. Eligible expenses include utility deposits, security deposits and assistance for utility and rent
arrears.
b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027
SHIP LHAP Template 2016-001
[eff. Date 7/1/2024]
22
c. Income Categories to be served: Very Low
d. Maximum award: $10,000
e. Terms:
1. Repayment loan/deferred loan/grant: Funds will be awarded as a grant.
2. Interest Rate: N/A
3. Years in loan term: N/A
4. Forgiveness: N/A
5. Repayment: N/A
6. Default: N/A
f. Recipient Selection Criteria: Applicants will be referred through the Coordinated Entry System
established for the area. Assistance will be provided on a first qualified, first served basis.
g. Sponsor/Developer Selection Criteria: N/A
h. Additional Information: Applicants can receive up to $10,000, including deposits and six (6) months of
assistance, including rent arrears. The household is required to have a lease and the unit must meet
Housing Quality Standards.
III. LHAP Incentive Strategies
In addition to the required Incentive Strategy A and Strategy B, included are adopted incentives with the
policies and procedures used for implementation as provided in Section 420.9076, F.S..
A. Expedited Permitting
Permits as defined in s. 163.3177 (6) (f) (3) for affordable housing projects are expedited to a greater
degree than other projects.
The Assistant Director of the Economic Development & Housing Department determines whether a project
qualifies as affordable housing and, if eligible, provides the developer with the “Request for Expedited
Permit Processing for Affordable Housing Activity” form and applicable checklists.
The Economic Development & Housing Department and Planning & Development Department support
customer service for potential affordable housing projects by providing information and responding to
developer inquiries by the end of business day (EOB) or within 24 hours. The Planning & Development
Department utilizes technology to enhance administrative efficiencies. All permitting is facilitated by a one-
stop “ePermit Hub” portal that supports electronic plan submittal, review, and inspections, or through
Accela. Information, forms, and checklists are available online and at the counter for all types of projects
(not necessarily affordable housing). Target dates and permit status are posted via the ePermit Hub portal
and review time has been generally reduced to 14 days.
B. Ongoing Review Process
An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase
the cost of housing prior to their adoption.
The Economic Development and Housing Department typically receives new City Comprehensive Plan and
SHIP LHAP Template 2016-001
[eff. Date 7/1/2024]
23
Community Development & Housing Code provisions and ordinances for comment and participates in the
City’s review process prior to adoption. The review process is maintained as a regular agenda item during
Senior Executive Team bi-monthly meetings.
C. Other Adopted Incentive Strategies:
1. Modification of Fees: The Economic Development and Housing Department will continue to assist with
the payment of Plan Review and Permit Fees and impact fees utilizing state and federal funds
designated for affordable housing.
2. Flexible Densities: The City supports flexibility in densities for affordable housing through its
Comprehensive Plan policies, through its Community Development Code and in accordance with the
Live Local Act.
3. Accessory Dwelling Units: The City will continue to allow for accessory dwelling units in non-residential
Zoning districts as described within the City’s Community Development Code.
4. Parking Reduction: The Housing Element of the City’s Comprehensive Plan supports the reduction of
Parking and setback requirements for affordable housing developments.
5. Flexible Lot Configuration: The City currently allows flexible set back requirements for affordable
Housing developments. The plan must be sensitive to the character and context of the existing
Neighborhood.
6. Proximity to Transportation, Employment & Mixed-Use Development: The city will maintain and
implement policies of the city’s Comprehensive Plan that incentivize affordable housing development
proximate to transportation hubs, major employment centers, and mixed-use development.
7. Financing: The city will diversify financial strategies to contribute to the new construction and
maintenance of affordable housing and financial assistance to obtain housing.
IV. EXHIBITS
Required
A. Administrative Budget for each fiscal year covered in the Plan.
B. Timeline for Estimated Encumbrance and Expenditure.
C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the plan.
D. Signed LHAP Certification.
E. Signed, dated, witnessed or attested adopting resolution.
ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit A
Exhibit A (2024)
Estimated SHIP Funds for Fiscal Year:1,365,854.00$
Salaries and Benefits 126,585.00$
Office Supplies and Equipment $
Travel Per diem Workshops, etc.$
Advertising $
Other*10,000.00$
Total 136,585.00$
Admin % 10.00%
OK
Estimated SHIP Funds for Fiscal Year:1,365,854.00$
Salaries and Benefits 126,585.00$
Office Supplies and Equipment $
Travel Per diem Workshops, etc.$
Advertising $
Other*10,000.00$
Total 136,585.00$
Admin % 10.00%
OK
Estimated SHIP Funds for Fiscal Year:1,365,854.00$
Salaries and Benefits 126,585.00$
Office Supplies and Equipment $
Travel Per diem Workshops, etc.$
Advertising $
Other*10,000.00$
Total 136,585.00$
Admin % 10.00%
OK
*All "other" items need to be detailed here and are subject to review and approval by
the SHIP review committee. Project Delivery Costs that are outside of administrative
costs are not to be included here, but must be detailed in the LHAP main document.
Details: Sub-recipient loan processing fee, consulting fees and incurred project
delivery costs of loans that don't proceed to closing.
Fiscal Year: 2024-2025
Fiscal Year 2025-2026
Fiscal Year 2026-2027
(Local Government name)
Exhibit B
2024
Exhibit B
Timeline for SHIP Expenditures
City of Clearwater affirms that funds allocated for these fiscal years will
(local government)
meet the following deadlines:
Fiscal Year Encumbered Expended Interim
Report
Closeout
Report
2024-2025 6/30/2026 6/30/2027 9/15/2026 9/15/2027
2025-2026 6/30/2027 6/30/2028 9/15/2027 9/15/2028
2026-2027 6/30/2028 6/30/2029 9/15/2028 9/15/2029
If funds allocated for these fiscal years is not anticipated to meet expenditure deadlines, Florida Housing
Finance Corporation will be notified according to the following chart:
Fiscal Year Funds Not
Expended
Closeout AR
Not
Submitted
2024-2025 3/30/2027 6/15/2027
2025-2026 3/30/2028 6/15/2028
2026-2027 3/30/2029 6/15/2029
Requests for Expenditure Extensions (close-out year ONLY) must be received by FHFC by June 15 of the
year in which funds are required to be expended. The extension request shall be emailed to
robert.dearduff@floridahousing.org and cameka.gardner@floridahousing.org and include:
1. A statement that “(city/county) requests an extension to the expenditure deadline for fiscal
year _____________________.
2. The amount of funds that is not expended.
3. The amount of funds that is not encumbered or has been recaptured.
4. A detailed plan of how/when the money will be expended.
Note: an extension to the expenditure deadline (June 30) does not relieve the requirement to submit
(September 15) the annual report online detailing all funds that have been expended. Please email
cameka.gardner@floridahousing.org when you are ready to “submit” the AR.
Other Key Deadlines:
AHAC reports are now due annually by December 31. Local governments receiving the minimum (or less)
allocation may choose not to report.
Strategies
Homeownership $ -
1 Purchase Assistance with Rehab Yes 0 $77,000 1 $77,000 0 $77,000 $77,000.00 $0.00 $77,000.00 1
9 Purchase Assistance without Rehab No 0 $77,000 1 $77,000 0 $77,000 $77,000.00 $77,000.00 $154,000.00 1
3 Owner Occupied Rehabiliation Yes 1 $80,000 1 $80,000 0 $80,000 $80,000.00 $0.00 $80,000.00 2 $331,854
4 Demolition/Reconstruction Yes 0 $200,000 1 $200,000 0 $200,000 $200,000.00 $0.00 $200,000.00 1 $165,927
5 Disaster Assistance No $0.00 $0.00 $0.00 0 $82,964
9 Acquisition/Rehabiliation Yes 1 $300,000 0 $300,000 0 $300,000 $300,000.00 $0.00 $300,000.00 1
10 New Construction Yes 1 $300,000 0 $300,000 0 $300,000 $300,000.00 $0.00 $300,000.00 1
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
Total Homeownership 3 $1,034,000.00 4 $1,034,000.00 0 $1,034,000.00 $77,000.00 $1,111,000.00 7
New $ 481,176 Existing $ 481,176
14,21 Multi-Family - Rehabilitation/New Construction Yes 1 $68,269 0 $300,000 0 300000 $68,269.00 $0.00 $68,269.00 1
13 Rental Assistance (Tenant)No $0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
Total Rental 1 $97,635.00 0 $97,634.00 0 $68,269.00 $0.00 $68,269.00 1
Administration Fees Yes
Home Ownership Counseling No
Total All Funds
$ 748,269 54.8%
$ 434,000 31.8%
$ - 0.0%
Very-Low Income (30% requirement)OK
Low Income (30% requirement)OK
Moderate Income
Homeownership % (65% requirement)81.3%OK
Rental Restriction (25%)5.0%OK
$ 1,365,854
Set-Asides
Percentage Construction/Rehab (75% requirement)80.7%OK
OK
Units
$ 136,585 10%OK
New Construction Without
Construction Total
$ 50,000
LI Units Max. SHIP
Award Mod Units Max. SHIP
Award
Max. SHIP
Award
OK OK
Purchase Price Limits:
Code Rental Qualifies for
75% set-aside VLI Units
LHAP Exhibt C 2024
FLORIDA HOUSING FINANCE CORPORATION
HOUSING DELIVERY GOALS CHART
2024-2025
Estimated Funds (Anticipated allocation only): $ 1,365,854
Name of Local Government: CITY OF CLEARWAER
UnitsCodeQualifies for 75% set-aside VLI Units New Construction Without Construction TotalMax. SHIP Award LI Units Max. SHIP Award Mod Units Max. SHIP Award
Strategies
Homeownership
1 Purchase Assistance with Rehab Yes 0 $77,000 1 $77,000 0 $77,000 $77,000.00 $0.00 $77,000.00 1
9 Purchase Assistance without Rehab No 0 $77,000 1 $77,000 0 $77,000 $77,000.00 $77,000.00 $154,000.00 1
3 Owner Occupied Rehabiliation Yes 1 $80,000 1 $80,000 0 $80,000 $80,000.00 $0.00 $80,000.00 2
4 Demolition/Reconstruction Yes 0 $200,000 1 $200,000 0 $200,000 $200,000.00 $0.00 $200,000.00 1
5 Disaster Assistance No $0.00 $0.00 $0.00 0
9 Acquisition/Rehabiliation Yes 1 $300,000 0 $300,000 0 $300,000 $300,000.00 $0.00 $300,000.00 1
10 New Construction Yes 1 $300,000 0 $300,000 0 $300,000 $300,000.00 $0.00 $300,000.00 1
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
Total Homeownership 3 $1,034,000.00 4 $1,034,000.00 0 $1,034,000.00 $77,000.00 $1,111,000.00 7
New $ 481,176 Existing $ 481,176
14,21 Multi-Family - Rehabilitation/New Construction Yes 1 $68,269 0 $300,000 0 300000 $68,269.00 $0.00 $68,269.00 1
13 Rental Assistance (Tenant)No $0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
Total Rental 1 $97,635.00 0 $97,634.00 0 $68,269.00 $0.00 $68,269.00 1
Administration Fees Yes
Home Ownership Counseling No
Total All Funds
$ 748,269 54.8%
$ 434,000 31.8%
$ - 0.0%
Very-Low Income (30% requirement)OK
Low Income (30% requirement)OK
Moderate Income
Homeownership % (65% requirement)81.3%OK
Rental Restriction (25%)5.0%OK
$ 1,365,854
Set-Asides
Percentage Construction/Rehab (75% requirement)80.7%OK
OK
Units
$ 136,585 10%OK
New Construction Without
Construction Total
$ 50,000
LI Units Max. SHIP
Award
Mod
Units
Max. SHIP
Award
Max. SHIP
Award
OK OK
Purchase Price Limits:
Code Rental Qualifies for
75% set-aside VLI Units
LHAP Exhibt C 2024
FLORIDA HOUSING FINANCE CORPORATION
HOUSING DELIVERY GOALS CHART2025-2026
Estimated Funds (Anticipated allocation only): $ 1,365,854
Name of Local Government: CITY OF CLEARWATER
UnitsCodeQualifies for
75% set-aside VLI Units New Construction Without
Construction TotalMax. SHIP
Award LI Units Max. SHIP
Award
Mod
Units
Max. SHIP
Award
Strategies
Homeownership
1 Purchase Assistance with Rehab Yes 0 $77,000 1 $77,000 0 $77,000 $77,000.00 $0.00 $77,000.00 1
9 Purchase Assistance without Rehab No 0 $77,000 1 $77,000 0 $77,000 $77,000.00 $77,000.00 $154,000.00 1
3 Owner Occupied Rehabiliation Yes 1 $80,000 1 $80,000 0 $80,000 $80,000.00 $0.00 $80,000.00 2
4 Demolition/Reconstruction Yes 0 $200,000 1 $200,000 0 $200,000 $200,000.00 $0.00 $200,000.00 1
5 Disaster Assistance No $0.00 $0.00 $0.00 0
9 Acquisition/Rehabiliation Yes 1 $300,000 0 $300,000 0 $300,000 $300,000.00 $0.00 $300,000.00 1
10 New Construction Yes 1 $300,000 0 $300,000 0 $300,000 $300,000.00 $0.00 $300,000.00 1
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
Total Homeownership 3 $1,034,000.00 4 $1,034,000.00 0 $1,034,000.00 $77,000.00 $1,111,000.00 7
New $ 481,176 Existing $ 481,176
14,21 Multi-Family - Rehabilitation/New Construction Yes 1 $68,269 0 $300,000 0 300000 $68,269.00 $0.00 $68,269.00 1
13 Rental Assistance (Tenant)No $0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
Total Rental 1 $97,635.00 0 $97,634.00 0 $68,269.00 $0.00 $68,269.00 1
Administration Fees Yes
Home Ownership Counseling No
Total All Funds
$ 748,269 54.8%
$ 434,000 31.8%
$ - 0.0%
Units
$ 136,585 10%
$ 1,365,854
OK
$ 50,000
LI Units Max. SHIP
Award
Mod
Units
Max. SHIP
Award New Construction Without
ConstructionMax. SHIP Award
OK
Total
Set-Asides
Percentage Construction/Rehab (75% requirement)80.7%OK
Moderate Income
Homeownership % (65% requirement)81.3%OK
Rental Restriction (25%)5.0%OK
Very-Low Income (30% requirement)OK
Low Income (30% requirement)OK
OK OK
Purchase Price Limits:
Code Rental Qualifies for
75% set-aside VLI Units
LHAP Exhibt C 2024
FLORIDA HOUSING FINANCE CORPORATION
HOUSING DELIVERY GOALS CHART2026-2027
Estimated Funds (Anticipated allocation only): $ 1,365,854
Name of Local Government: CITY OF CLEARWATER
UnitsCodeQualifies for
75% set-aside VLI Units New Construction Without
Construction TotalMax. SHIP Award LI Units Max. SHIP
Award
Mod
Units
Max. SHIP
Award
Exhibit D
67-37.005(1), F.A.C. 2023 .
1
CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION
Local Government or Interlocal Entity: Certifies that:
(1) The availability of SHIP funds will be advertised pursuant to program requirements in 420.907-420.9079, Florida Statutes. (2) All SHIP funds will be expended in a manner which will ensure that there will be no discrimination on the basis of race, color, national origin, sex, handicap, familial status, or
religion. (3) A process to determine eligibility and for selection of recipients for funds has been developed.
(4) Recipients of funds will be required to contractually commit to program guidelines and loan terms. (5) Florida Housing will be notified promptly if the local government /interlocal entity will be
unable to comply with any provision of the local housing assistance plan (LHAP).
(6) The LHAP provides a plan for the encumbrance of funds within twelve months of the end of the State fiscal year in which they are received and a plan for the expenditure of SHIP funds including allocation, program income and recaptured funds within 24 months following the end
of the State fiscal year in which they are received.
(7) The LHAP conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the LHAP.
(8) Amendments to the approved LHAP shall be provided to the Florida Housing for review and/or approval within 21 days after adoption. (9) The trust fund exists with a qualified depository for all SHIP funds as well as program income or
recaptured funds.
(10) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law.
CITY OF CLEARWATER
Exhibit D
67-37.005(1), F.A.C. 2023 .
2
(11) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements (CAFR). An electronic copy of the CAFR or a hyperlink shall be provided to Florida Housing by June 30 of the applicable year.
(12) Evidence of compliance with the Florida Single Audit Act, as referenced in Section 215.97, F.S.
shall be provided to Florida Housing by June 30 of the applicable year. (13) SHIP funds will not be pledged for debt service on bonds.
(14) Developers receiving assistance from both SHIP and the Low-Income Housing Tax
Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements.
(15) Loans shall be provided for periods not exceeding 30 years, except for deferred payment
loans or loans that extend beyond 30 years which continue to serve eligible persons. (16) Rental Units constructed or rehabilitated with SHIP funds shall be monitored for compliance with tenant income requirements and affordability requirements or as required in Section
420.9075 (3)(e). To the extent another governmental entity provides periodic monitoring and
determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. (17) The LHAP meets the requirements of Section 420.907-9079 FS, and Rule Chapter 67-37 FAC.
(18) The provisions of Chapter 83-220, Laws of Florida have not been implemented (except for Miami-Dade County). __________________________________ _______________________________________
Witness Chief Elected Official or Designee
__________________________________ _______________________________________ Witness Type Name and Title
__________________________________
Date OR
___________________________________
Attest: (Seal)
EXHIBIT E
Resolution No. 24-08
RESOLUTION NO. 24-08
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING THE LOCAL HOUSING
ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420-9079, FLORIDA STATUTES; AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE
CODE; AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE, AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND
APPROVAL BY THE FLORIDA HOUSING FINANCE
CORPORATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of
documentary stamp taxes on deeds to local governments for the development and
maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss.420.907-420.9079, Florida Statutes, as amended, and Rule Chapter 67-37, Florida
Administrative Code, requires local governments to develop a one- to three-year Local
Housing Assistance Plan outlining how funds will be used, and WHEREAS, the SHIP Act further requires local governments to establish the maximum SHIP funds allowable for each strategy; and
WHEREAS, the SHIP act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act, therefore, the methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and
WHEREAS, as required by section 420.9075, Florida Statutes, it is found that five percent (5%) of the local housing distribution plus five percent (5%) of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed ten
percent (10%) of the local housing distribution plus five percent (5%) of program income
deposited in the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs; and
Resolution No. 24-08 2
WHEREAS, the Economic Development and Housing Department has prepared a three-year Local Housing Assistance Plan incorporating the above-referenced provisions and requirements for submission to the Florida Housing Finance Corporation;
and
WHEREAS, the City Council finds that it is in the best interest of the public for the City of Clearwater to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council of the City of Clearwater hereby approves the Local
Housing Assistance Plan, as attached to and incorporated herein for submission to the Florida Housing Finance Corporation as required by ss. 420.907-420.9079, Florida Statutes, for state fiscal years 2024-25, 2025-26 and 2026-27 which, among other things, establishes the maximum SHIP funds allowable for each local housing assistance strategy, establishes an average area purchase price for new and existing
housing, and finds that five percent (5%) of the local housing distribution plus five percent (5%) of the program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. Section 2. The Mayor is hereby designated and authorized to execute any
documents and certifications required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan, and to do all things necessary and proper to carry out the term and conditions of said program. Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2024.
______________________________ Bruce Rector
Mayor
Approved as to form: Attest:
__________________________ ______________________________ Matthew J. Mytych, Esq. Rosemarie Call
Senior Assistant City Attorney City Clerk
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0351
Agenda Date: 4/15/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 3.1
SUBJECT/RECOMMENDATION:
Authorize purchase orders to Control Southern, Inc. of Suwanee, GA, DevTech Sales, Inc. of Avon Park,
FL, Equipment Controls Company of Norcross, GA, Jem-Tech Incorporated of Malabar, FL and Maireco,
LLC of Leeds, AL for natural gas meters and regulators in the cumulative annual not-to-exceed amount of
$1,300,000.00 for the term April 1, 2024 through March 31, 2025, with the two, one-year renewal options
pursuant to Invitation to Bid 15-24 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Invitation to Bid 15-24, Natural Gas Meters and Regulators was released on February 9, 2024, and six bid
submissions were received on March 9, 2024. Equipment samples were requested from vendors for
evaluation of specification compliance. Clearwater Gas System (CGS) has completed their evaluation and
determined that five of the six companies are the lowest, most responsible bidders on the specific bid line
items listed below. For these reasons, CGS is recommending award as follows:
Control Southern, Inc.
Item #29: Pressure Regulators
Items #32-34: Filters
DevTech Sales, Inc.
Items #3-10: Diaphragm Meters (600, 800 & 1000 class)
Items #15-21, #24-28 and #30: Regulators
Item #31: Strainers
Equipment Controls Company, Inc.
Items #1-2: Diaphragm Meters (200 & 400 class)
Jem-Tech Incorporated
Items #11-14: Rotary meters
Maireco, LLC
Items #22-23: Regulators
To ensure continuity of supply, flexibility to order from the secondary source is requested. CGS will
ensure that all requirements, including insurance, will be met and an approved purchase order is in place
prior to initiating services with the vendors. All materials are code approved and the meters and regulators
will be used on the CGS Distribution System for new customers as well as replacing existing meters that
have reached the end of their useful life. In addition, CGS is not obligated to expend the entire amount
being requested.
APPROPRIATION CODE AND AMOUNT:
Funding is budgeted and available in 3237323-96367 (Gas Meter Change-out Capitalized Pinellas) and
3237323-96379 (Gas Meter Change-out Capitalized Pasco).
USE OF RESERVE FUNDS:
STRATEGIC PRIORITY:
Page 1 City of Clearwater Printed on 4/10/2024
File Number: ID#24-0351
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 2 City of Clearwater Printed on 4/10/2024
03/19/2024
NOTICE OF INTENT TO AWARD: REVISED
Clearwater Gas Systems and the Procurement Division recommend award of ITB No. 15-24,
Natural Gas Meters and Regulators as follows:
• Control Southern of Suwanee, GA:
o Item 29: Pilot Operated Pressure Reducing Regulator
o Items 32-34: Filter 2”, 3” 4”
• Devtech Sales, Inc. of Avon Park, FL:
o Items 3-10: 600, 800, 1000 Class CFG (NTC) Aluminum Meters
o Items 15-16: HSR ¾” Angle Body (60 PSIG and 6 PSIG)
o Items 17-18: HSR ¾” Globe Body (60 PSIG and 6 PSIG)
o Items 19-20: HSR 1” Globe Body (60 PSIG and 6 PSIG)
o Item 21: Direct Operated Pressure Reducing Regulator
o Item 24: 2” Female Pipe Thread Spring Loaded Self Operated Gas Regulator
o Item 25-26: 1 ¼” Spring Loaded Self Operated Gas Regulators
o Items 27-28: Spring Loaded Throttling Relief Back Pressure Regulator
o Item 30: Pressure Reducing Regulator
o Item 31: Strainers
• Equipment Controls Company of Norcross, GA:
o Items 1-2: 200, 400 Class CFH (NTC) Screwed Case Aluminum Meters
• Jem-Tech Inc. of Malabar, FL:
o Items 11-14: Romet or Roots 3M, 5M, 7M, 11M Rotary Meters
• Marieco, LLC of Leeds, AL:
o Item 22: Constant Pressure Pilot Loaded Regulator
o Item 23: 2” Flanged Spring Loaded Self-Regulated Gas Regulator
These vendors represent the lowest most responsible bidders overall, in accordance with the bid
specifications, in the estimated amount of $1.3 Million, for a period of one (1) year, with two (2),
one (1) year renewal options.
This Award recommendation will be considered by the City Council at the April 1st, 2024, Work
Session (1:30 p.m.) and voted on at the April 4th, 2024, Council Meeting (6:00 p.m.). These
meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755.
Inquiries regarding this Intent to Award can be directed to Milisa Harris, Procurement Analyst at,
Milisa.Harris@myclearwater.com or mailed to City of Clearwater, Attn: Procurement Division, PO
Box 4748, Clearwater, FL 33758-4748.
Posted on this date by:
Milisa Harris
Milisa Harris
Procurement Analyst
1) Control Southern, Inc 2) Devtech Sales, Inc.
3850 Lakefield Drive 118 South Lake Avenue
Suwanee, GA 30024 Avon Park, FL 33825
3) Equipment Controls Company, Inc 4) Jem-Tech Incorporated
PO Box 728 2085 Oakridge Lane
Norcross, GA 30091 Malabar, FL 32950
5) Marieco, LLC 6) Technico Gas, LLC
8370 Side Track 507 South G Street
Leeds, AL 35094 Lake Worth, FL 33460
ADVERTISED: TAMPA BAY TIMES 1/17/2024
POSTED:myclearwater.com 1/9/2024 - 2/9/2024
FOR THE CITY OF CLEARWATER
Due/Opening: February 9, 2024; 10:00 a.m.
INVITATION TO BID No.15-24
Gas Meters and Regulators
Solicitation Response Listing
CITY OF CLEARWATER
ITB # 15-24, Natural Gas Meters and Regulators
DUE DATE: February 9, 2024; 10:00 AM
BID TABULATION SUMMARY
ITEM DESCRIPTION
Control Southern
3850 Lakefield Drive
Suwanee, GA 30024
Devtech Sales, Inc
118 South Lake Avenue
Avon Park, FL 33825
Equipment Controls
Company
PO Box 728
Norcross, GA 30091
Jem-Tech Incorporated
2085 Oakridge Lane
Malabar, FL 32950
Marieco, LLC
8370 Side Track
Leeds, AL 35094
Technico Gas, LLC
507 South G Street
Lake Worth, FL 33460
1 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS (General)-$ 262,480.00$ 258,520.00$ -$ -$ -$
2 400 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS -$ 114,858.00$ 91,212.00$ -$ -$ -$
3 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS -$ 249,645.00$ -$ -$ -$ -$
4 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (Can be used for right to left)-$ 20,803.75$ -$ -$ -$ -$
5 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS -$ 47,664.00$ -$ -$ -$ -$
6 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2lb dial)-$ 47,664.00$ -$ -$ -$ -$
7 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial)-$ 64,716.40$ -$ -$ -$ -$
8 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial) Right to left -$ 64,716.40$ -$ -$ -$ -$
9 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 7 inch Dial)-$ 64,716.40$ -$ -$ -$ -$
10 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 7 inch Dial) Right to Left -$ 32,358.20$ -$ -$ -$ -$
11 ROMET OR ROOTS 3M ROTARY METER OR EQUIVALENT 101,928.50$ -$ 85,765.00$ 80,750.00$ 102,134.00$ 111,950.00$
12 ROMET OR ROOTS 5M ROTARY METER OR EQUIVALENT 72,385.80$ -$ 66,564.90$ 57,150.00$ 75,510.90$ 82,650.00$
13 ROMET OR ROOTS 7M ROTARY METER OR EQUIVALENT 26,785.70$ -$ 27,482.40$ 21,150.00$ 32,102.80$ 35,150.00$
14 ROMET OR ROOTS 11M ROTARY METER OR EQUIVALENT 31,014.30$ -$ 32,635.30$ 24,500.00$ 37,108.20$ 40,950.00$
15 HSR 3/4" ANGLE BODY 71,115.00$ 49,500.00$ 76,050.00$ -$ 53,745.00$ 70,380.00$
16 HSR 3/4" ANGLE BODY 23,705.00$ 16,500.00$ 25,350.00$ -$ 18,600.00$ 23,460.00$
17 HSR 3/4" GLOBE BODY 9,482.00$ 6,600.00$ 9,392.00$ -$ 7,440.00$ 7,980.00$
18 HSR 3/4" GLOBE BODY 9,482.00$ 6,600.00$ 9,392.00$ -$ 7,440.00$ 7,980.00$
19 HSR 1" GLOBE BODY 14,223.00$ 10,200.00$ 14,088.00$ -$ 11,160.00$ 11,970.00$
20 HSR 1" GLOBE BODY 14,223.00$ 10,200.00$ 14,088.00$ -$ 11,160.00$ 11,970.00$
21 DIRECT OPERATED PRESSURE REDUCING REGULATOR (EQUIVALENT TO FISHER 627)5,150.55$ 3,225.00$ -$ -$ -$ -$
22
CONSTANT PRESSURE PILOT LOADED REGULATOR LT GREEN MAIN SPRING, BLUE PILOT SRING
(EQUIVALENT TO CL231)25,384.00$ 12,000.00$ 36,233.00$ -$ 11,438.50$ 14,625.00$
23
2" FLANGED SPRING LOADED, SELF REGULATED GAS REGULATOR WITH INTERNAL RELIEF VALVE
(EQUIVALENT TO ITRON B34)22,130.70$ 15,210.00$ 19,388.70$ -$ 11,717.10$ 12,600.00$
24
2" FEMALE PIPE THREAD SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL
RELIEF VALVE (EQUIVALENT TO ITRON B34)16,949.40$ 9,900.00$ 15,049.80$ -$ 9,969.60$ 10,770.00$
25
1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF (EQUIVALENT TO
B34SR)5,649.80$ 2,070.00$ 4,451.60$ -$ 2,250.60$ 2,370.00$
NOTE: Highlighted Cell indicates a calculation correction.
NOTE: Highlighted Cell indicates Recertified Unit Price
NOTE: Did not meet specifications
ITB # 15-24, Natural Gas Meters and Regulators NOTE: Highlighted Cell indicates a calculation correction.
26
1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF (EQUIVALENT TO
B34SR)5,649.80$ 2,070.00$ 4,451.60$ -$ 2,250.60$ 2,370.00$
27
SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF
REGULATOR) (EQUIVALENT TO FISHER 289)6,327.00$ 3,875.00$ -$ -$ -$ -$
28
SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF
REGULATOR) (EQUIVALENT TO FISHER 289)6,327.00$ 3,875.00$ -$ -$ -$ -$
29 PILOT OPERATED PRESSURE REDUCING REGULATOR (EQUIVALENT TO FISHER 99)7,335.90$ 9,775.00$ -$ -$ -$ -$
30
PRESSURE REDUCING REGULATOR FOR REGULATOR STATIONS AND DISTRIC GATE STATIONS
(EQUIVALENT TO FISHER 299)13,587.70$ 7,800.00$ -$ -$ -$ -$
31 STRAINERS 18,250.00$ 5,750.00$ -$ -$ 7,750.00$ -$
32 FILTER 2" (DRY PARTICLE)6,320.00$ 12,700.00$ 43,802.60$ -$ 29,788.20$ -$
33 FILTER 3" (DRY PARTICLE)1,740.00$ 2,756.00$ 11,138.44$ -$ 7,574.12$ -$
34 FILTER 4" (DRY PARTICLE)2,835.00$ 4,500.00$ 12,259.52$ -$ 8,336.46$ -$
NOTE:
Items with a star ( ) indicates intent to award.
200 CLASS CFH
RECERTIFIED UNIT
$ 110,000.00
NATURAL GAS METERS REGULATORS EXHIBIT A - PRICING DETAIL $ITB #15-24
Column A Column B Column C Column D Column E
Item Description
Quantity
Each
(A)
New Unit
Price
(B)
Subtotal
(A * B)
Recertified Unit
Price
( C)
Subtotal
(A * C)
1 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS (General)2,000 -$ -$
1) HUBS: SPRAGUE 1A
2) CAPACITY: 250 CFH OF .60 SG NATURAL GAS AT 1/2" W.C. DIFFERENTIAL
3) MAXIMUM WORKING PRESSURE: 5 PSIG
4) CONNECTIONS: 2 - INSUL 3/4" MALE PIPE THREAD GALV.
5) COMPATIBLE WITH ERT MODEL ERG-5006
2 400 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 300 -$ -$
1) HUBS: AMERICAN 425 - 45 LT.; INVENSYS 415 - 45 LT.: ACTARIS 400 - SPRAGUE STD.
2) CAPACITY: 400 CFH OF .60 SG NATURAL GAS AT 1/2" W.C. DIFFERENTIAL
3) MAXIMUM WORKING PRESSURE: 10 PSIG
4) CONNECTIONS: 2 - 1 1/2" INSULATED MALE SWIVELS
5) COMPATIBLE WITH ERT MODEL ERG-5006
3 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 300 -$ -$
1) HUBS: 45 LT.
2) CAPACITY: 630 CFH OF .60 SG NATURAL GAS AT 1/2" W.C. DIFFERENTIAL
3) MAXIMUM WORKING PRESSURE: 25 PSIG
4) CONNECTIONS: 2 - 1 1/2" INSULATED MALE SWIVELS
5) COMPATIBLE WITH ERT MODEL ERG-5006
4 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (Can be used for right to left)25 -$ -$
1) HUBS: 45 LT.
2) CAPACITY: 630 CFH OF .60 SG NATURAL GAS AT 1/2" W.C. DIFFERENTIAL
3) MAXIMUM WORKING PRESSURE: 25 PSIG
4) CONNECTIONS: 2 - 1 1/2" INSULATED MALE SWIVELS
5) COMPATIBLE WITH ERT MODEL ERG-5006
5 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 40 -$ -$
1) HUBS: SPRAGUE STANDARD
2) CAPACITY: 1000 CFH OF .60 SG NATURAL GAS AT 1/2" W.C. DIFFERENTIAL
3) MAXIMUM WORKING PRESSURE: 25 PSIG
4) CONNECTIONS 2 - 2" FEMALE INSULATED FEMALE SWIVEL GALVANIZED
5) COMPATIBLE WITH ERT MODEL ERG-5006
6 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2lb dial)40 -$ -$
1) HUBS: SPRAGUE STANDARD
2) CAPACITY: 1000 CFH OF .60 SG NATURAL GAS AT 1/2" W.C. DIFFERENTIAL
3) MAXIMUM WORKING PRESSURE: 25 PSIG
4) CONNECTIONS 2 - 2" FEMALE INSULATED FEMALE SWIVEL GALVANIZED
5) COMPATIBLE WITH ERT MODEL ERG-5006
7 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial)40 -$ -$
1) HUBS: SPRAGUE STANDARD
2) CAPACITY: 1000 CFH OF .60 SG NATURAL GAS AT 1/2" W.C. DIFFERENTIAL
3) MAXIMUM WORKING PRESSURE: 25 PSIG
4) CONNECTIONS 2 - 2" FEMALE INSULATED FEMALE SWIVEL GALVANIZED
5) COMPATIBLE WITH ERT MODEL ERG-5006
8 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial) Right to left 40 -$ -$
1) HUBS: SPRAGUE STANDARD
2) CAPACITY: 1000 CFH OF .60 SG NATURAL GAS AT 1/2" W.C. DIFFERENTIAL
3) MAXIMUM WORKING PRESSURE: 25 PSIG
4) CONNECTIONS 2 - 2" FEMALE INSULATED FEMALE SWIVEL GALVANIZED
5) COMPATIBLE WITH ERT MODEL ERG-5006
Page 1 of 6
NATURAL GAS METERS REGULATORS EXHIBIT A - PRICING DETAIL $ITB #15-24
Column A Column B Column C Column D Column E
Item Description
Quantity
Each
(A)
New Unit
Price
(B)
Subtotal
(A * B)
Recertified Unit
Price
( C)
Subtotal
(A * C)
9 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 7 inch Dial)40 -$ -$
1) HUBS: SPRAGUE STANDARD
2) CAPACITY: 1000 CFH OF .60 SG NATURAL GAS AT 1/2" W.C. DIFFERENTIAL
3) MAXIMUM WORKING PRESSURE: 25 PSIG
4) CONNECTIONS 2 - 2" FEMALE INSULATED FEMALE SWIVEL GALVANIZED
5) COMPATIBLE WITH ERT MODEL ERG-5006
10 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 7 inch Dial) Right to Left 20 -$ -$
1) HUBS: SPRAGUE STANDARD
2) CAPACITY: 1000 CFH OF .60 SG NATURAL GAS AT 1/2" W.C. DIFFERENTIAL
3) MAXIMUM WORKING PRESSURE: 25 PSIG
4) CONNECTIONS 2 - 2" FEMALE INSULATED FEMALE SWIVEL GALVANIZED
5) COMPATIBLE WITH ERT MODEL ERG-5006
11 ROMET OR ROOTS 3M ROTARY METER OR EQUIVALENT 50 -$ -$
1) Base Rate (Q.Max) : 3000 acfh
2) Rangeability (+/-1%): 76:1 ratio
3) Rangeability (+/- 2%): 139:1 ratio
4) Start Rate: 2.1 cfh
5) Stop Rate 1.8 cfh
6) Flow Rate @ 0.5" W.C. Gas: 2580 cfh
7) Avg. Differential, 100% Flow: 1.05 in w.c.
8) Max. Operating Speed: 2000 rpm
9) Gear Ratio: 400:1 ratio
10) Displaced Volume/ Revolution: 0.025 cf
11) Drive Rate, CD: 10 cf/rev
12) Drive Rate, TD: 100 cf/rev
13) Odometer Turnover: 3.8 yrs.
14) Nominal Pipe Size: 2 in.
15) Flange-to-Flange: 6-3/4 in.
16) Bolts per Flange: 4
17) Flange Bolt Hole Depth 15/16 in.
18) Restricting Orfice (120%): 17/32 in.
12 ROMET OR ROOTS 5M ROTARY METER OR EQUIVALENT 30 -$ -$
1) Base Rate (Q.Max) : 5000 acfh
2) Rangeability (+/-1%): 120:1 ratio
3) Rangeability (+/- 2%): 215:1 ratio
4) Start Rate: 1.2 cfh
5) Stop Rate 0.8 cfh
6) Flow Rate @ 0.5" W.C. Gas: 3975 cfh
7) Avg. Differential, 100% Flow: 1.05 in. w.c.
8) Max. Operating Speed: 2250 rpm
9) Gear Ratio: 270:1 ratio
10) Displaced Volume/ Revolution: 0.037037 cf
11) Drive Rate, CD: 10 cf/rev
12) Drive Rate, TD: 100 cf/rev
13) Odometer Turnover: 2.28 yrs.
14) Nominal Pipe Size: 3 in.
15) Flange-to-Flange: 6-3/4 in.
16) Bolts per Flange: 4
17) Flange Bolt Hole Depth 15/16 in.
18) Restricting Orfice (120%): 23/32 in.
Page 2 of 6
NATURAL GAS METERS REGULATORS EXHIBIT A - PRICING DETAIL $ITB #15-24
Column A Column B Column C Column D Column E
Item Description
Quantity
Each
(A)
New Unit
Price
(B)
Subtotal
(A * B)
Recertified Unit
Price
( C)
Subtotal
(A * C)
13 ROMET OR ROOTS 7M ROTARY METER OR EQUIVALENT 10 -$ -$
1) Base Rate (Q.Max) : 7000 acfh
2) Rangeability (+/-1%): 67:1 ratio
3) Rangeability (+/- 2%): 115:1 ratio
4) Start Rate: 5.33 cfh
5) Stop Rate 3.39 cfh
6) Flow Rate @ 0.5" W.C. Gas: 5400 cfh
7) Avg. Differential, 100% Flow: 1.6 in. w.c.
8) Max. Operating Speed: 1867 rpm
9) Gear Ratio: 160:1 ratio
10) Displaced Volume/ Revolution: 0.0325 cf
11) Drive Rate, CD: 10 cf/rev
12) Drive Rate, TD: 100 cf/rev
13) Odometer Turnover: 1.63 yrs.
14) Nominal Pipe Size: 3 in.
15) Flange-to-Flange: 9-1/2 in.
16) Bolts per Flange: 4
17) Flange Bolt Hole Depth 15/16 in.
18) Restricting Orfice (120%): 13/16 in.
14 ROMET OR ROOTS 11M ROTARY METER OR EQUIVALENT 10 -$ -$
1) Base Rate (Q.Max) : 11000 acfh
2) Rangeability (+/-1%): 124:1 ratio
3) Rangeability (+/- 2%): 227:1ratio
4) Start Rate: 3.88 cfh
5) Stop Rate 3.23 cfh
6) Flow Rate @ 0.5" W.C. Gas: 7300 cfh
7) Avg. Differential, 100% Flow: 1.6 in. w.c.
8) Max. Operating Speed: 1833 rpm
9) Gear Ratio: 100:1 ratio
10) Displaced Volume/ Revolution: 0.1 cf
11) Drive Rate, CD: 10 cf/rev
12) Drive Rate, TD: 100 cf/rev
13) Odometer Turnover: 1.04 yrs.
14) Nominal Pipe Size: 4 in.
15) Flange-to-Flange: 9-1/2 in.
16) Bolts per Flange: 8
17) Flange Bolt Hole Depth 1-1/16 in.
18) Restricting Orfice (120%): 1 in.
15 HSR 3/4" ANGLE BODY 1,500 -$ -$
1) INLET PRESSURE: 60 PSIG
2) OUTLET PRESSURE: 7" W.C. TO 2LB W.C.
3) ORIFICE SIZE: 1/8"
4) VENT POSITION: SENSUS - #14; FISHER - E; ACTARIS - #13; LANCASTER - 9-9;
AMERICAN - VALVE HEAD (A) VENT #1
16 HSR 3/4" ANGLE BODY 500 -$ -$
1) INLET PRESSURE: 6 PSIG
2) OUTLET PRESSURE: 7" W.C. TO 2LB W.C.
3) ORIFICE SIZE: 3/8"
4) VENT POSITION: SENSUS - #14; FISHER - E; ACTARIS - #13; LANCASTER - 9-9;
AMERICAN - VALVE HEAD (A) VENT #1
Page 3 of 6
NATURAL GAS METERS REGULATORS EXHIBIT A - PRICING DETAIL $ITB #15-24
Column A Column B Column C Column D Column E
Item Description
Quantity
Each
(A)
New Unit
Price
(B)
Subtotal
(A * B)
Recertified Unit
Price
( C)
Subtotal
(A * C)
17 HSR 3/4" GLOBE BODY 200 -$ -$
1) INLET PRESSURE: 60 PSIG
2) OUTLET PRESSURE: 7" W.C. TO 2LB W.C.
3) ORIFICE SIZE: 1/8"
4) VENT POSITION: SENSUS - #14; FISHER - E; ACTARIS - #13; LANCASTER - 9-9;
AMERICAN - VALVE HEAD (A) VENT #1
18 HSR 3/4" GLOBE BODY 200 -$ -$
1) INLET PRESSURE: 6 PSIG
2) OUTLET PRESSURE: 7" W.C. TO 2LB W.C.
3) ORIFICE SIZE: 3/8"
4) VENT POSITION: SENSUS - #14; FISHER - E; ACTARIS - #13; LANCASTER - 9-9;
AMERICAN - VALVE HEAD (A) VENT #1
19 HSR 1" GLOBE BODY 300 -$ -$
1) INLET PRESSURE: 60 PSIG
2) OUTLET PRESSURE: 7" W.C. TO 2LB W.C.
3) ORIFICE SIZE: 1/8"
4) VENT POSITION: SENSUS - 105; FISHER - 3F; ACTARIS - #5; LANCASTER - 6-6;
AMERICAN - VALVE HEAD (C) VENT #2
20 HSR 1" GLOBE BODY 300 -$ -$
1) INLET PRESSURE: 6 PSIG
2) OUTLET PRESSURE: 7" W.C. TO 2LB W.C.
3) ORIFICE SIZE: 3/8"
4) VENT POSITION: SENSUS - 105; FISHER - 3F; ACTARIS - #5; LANCASTER - 6-6;
AMERICAN - VALVE HEAD C VENT #2
21 DIRECT OPERATED PRESSURE REDUCING REGULATOR (EQUIVALENT TO FISHER 627)15 -$ -$
1) LARGE RESIDENTIAL 10 LB OR HIGHER
2) INLET PRESSURE: 60 PSIG
3) OUTLET PRESSURE: 5-20 PSIG
4) ORIFICE SIZE: 1/4"
5) 1" BODY
6) INTERNAL RELIEF WITHOPEN THROAT
CAPACITY FULL RELIEF
60# INLET
10# OUT
1/4"ORIFICE 4710SCFH
22 CONSTANT PRESSURE PILOT LOADED REGULATOR LT GREEN MAIN SPRING, BLUE PILOT SRING (EQUIVALENT TO CL231)25 -$ -$
1) INLET PRESSURE: 60 PSIG
2) OUTLET PRESSURE: 1LB-20LB
3) ORIFICE SIZE: 3/8" with ability to interchange
4) 2" BODY
5)INTERNAL BLEED TO PREVENT VAPOR-LOCK UP
6) VENT POSITION: SENSUS - 105; FISHER - 3F; ACTARIS - #5; LANCASTER - 6-6;
AMERICAN - VALVE HEAD C VENT #2
CAPACITY TOKEN RELIEF
60# INLET 1-20#OUTLET
1/4" ORIFICE 3/8"ORIFICE
4600 SCFH 7500SCFH
Page 4 of 6
NATURAL GAS METERS REGULATORS EXHIBIT A - PRICING DETAIL $ITB #15-24
Column A Column B Column C Column D Column E
Item Description
Quantity
Each
(A)
New Unit
Price
(B)
Subtotal
(A * B)
Recertified Unit
Price
( C)
Subtotal
(A * C)
23 2" FLANGED SPRING LOADED, SELF REGULATED GAS REGULATOR WITH INTERNAL RELIEF VALVE (EQUIVALENT TO ITRON B34)30 -$ -$
1) INLET PRESSURE: 60 PSIG .60 SG NATURAL GAS
2) OUTLET PRESSURE: 7" W.C. TO 14" W.C.
(MUST BE CAPABLE OF OUTLET PRESSURE UP TO 2 PSI WITH ONLY A CHANGE OF SPRING)
3) BRASS ORIFICE SIZE: 3/8", WITH THE ABILITY TO INTERCHANGE ORFICES
5) ADJUSTABLE LOADING RING
6) 1 IN. INTERNAL RELIEF VALVE FULL RELIEF
7) CONTROLLED SIZE BREATHER ORFICE
8) VENT POSITION: SENSUS -105; FISHER - 3F; ACTARIS - #5; LANCASTER - 6-6;
CAPACITY:
60# IN 60# IN 5#IN 5#IN
7"OUT 2# OUT 7"OUT 2# OUT
1/4"ORIFICE 1/4"ORIFICE 3/8 X 1/2ORIFICE 3/8 X 1/2ORIFICE
4500SCFH 4000SCFH 2400SCFH 1500SCFH
24 2" FEMALE PIPE THREAD SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF VALVE (EQUIVALENT TO ITRON B34)30 -$ -$
1) INLET PRESSURE: 60 PSIG .60 SG NATURAL GAS
2) OUTLET PRESSURE: 7" W.C. TO 14" W.C.
(MUST BE CAPABLE OF OUTLET PRESSURE UP TO 2 PSI WITH ONLY A CHANGE OF SPRING)
3) BRASS ORIFICE SIZE: 3/8", WITH THE ABILITY TO INTERCHANGE ORFICES
5) ADJUSTABLE LOADING RING
6) 1 IN. INTERNAL RELIEF VALVE FULL RELIEF
7) CONTROLLED SIZE BREATHER ORFICE
8) VENT POSITION: SENSUS -105; FISHER - 3F; ACTARIS - #5; LANCASTER - 6-6;
CAPACITY:
60# IN 60# IN 5#IN 5#IN
7"OUT 2# OUT 7"OUT 2# OUT
1/4"ORIFICE 1/4"ORIFICE 3/8 X 1/2ORIFICE 3/8 X 1/2ORIFICE
4500SCFH 4000SCFH 2400SCFH 1500SCFH
25 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF (EQUIVALENT TO B34SR)10 -$ -$
1) INLET PRESSURE: 60 PSIG .60 SG NATURAL GAS
2) OUTLET PRESSURE: 7" W.C. TO 14" W.C.
(MUST BE CAPABLE OF OUTLET PRESSURE UP TO 2 PSI WITH ONLY A CHANGE OF SPRING)
3) BRASS ORIFICE SIZE: 3/8" X 1/2" with the ability to interchange orifice
5) ADJUSTABLE LOADING RING
6) 1 IN. INTERNAL RELIEF VALVE FULL RELIEF
7) CONTROLLED SIZE BREATHER ORFICE
8) VENT POSITION: SENSUS -105; FISHER - 3F; ACTARIS - #5; LANCASTER - 6-6;
CAPACITY:
60# IN 60# IN 5#IN 5#IN
7"OUT 2# OUT 7"OUT 2# OUT
1/4" x 3/8" ORIFICE 3/8 X 1/2ORIFICE 3/8 X 1/2ORIFICE 7/8" X 1"ORIFICE
4080SCFH 3550SCFH 1960SCFH 1170SCFH
26 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF (EQUIVALENT TO B34SR)10 -$ -$
1) INLET PRESSURE: 60 PSIG .60 SG NATURAL GAS
2) OUTLET PRESSURE: 7" W.C. TO 14" W.C.
(MUST BE CAPABLE OF OUTLET PRESSURE UP TO 2 PSI WITH ONLY A CHANGE OF SPRING)
3) BRASS ORIFICE SIZE: 7/8" X 1"
5) ADJUSTABLE LOADING RING
6) 1 IN. INTERNAL RELIEF VALVE FULL RELIEF
7) CONTROLLED SIZE BREATHER ORFICE
8) VENT POSITION: SENSUS -105; FISHER - 3F; ACTARIS - #5; LANCASTER - 6-6;
CAPACITY:
60# IN 60# IN 5#IN 5#IN
7"OUT 2# OUT 7"OUT 2# OUT
1/4" x 3/8" ORIFICE 3/8 X 1/2ORIFICE 3/8 X 1/2ORIFICE 7/8" X 1"ORIFICE
4080SCFH 3550SCFH 1960SCFH 1170SCFH
Page 5 of 6
NATURAL GAS METERS REGULATORS EXHIBIT A - PRICING DETAIL $ITB #15-24
Column A Column B Column C Column D Column E
Item Description
Quantity
Each
(A)
New Unit
Price
(B)
Subtotal
(A * B)
Recertified Unit
Price
( C)
Subtotal
(A * C)
27 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF REGULATOR) (EQUIVALENT TO FISHER 289)25 -$ -$
1) 1 INCH BODY
2) 15#-50# INTEGRAL
28 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF REGULATOR) (EQUIVALENT TO FISHER 289)25 -$ -$
1) 1 INCH BODY
2) 4LB-15LB INTEGRAL
29 PILOT OPERATED PRESSURE REDUCING REGULATOR (EQUIVALENT TO FISHER 99)5 -$ -$
Distribution, Industrial, and Commercial applications
1) Inlet: Up to 175 psig/12.1 bar
2) Outlet: 1-20# (Large commercial and reg, stations)
3) Integral Token Relief (designed to relieve overpressure caused by thermal expansion
4) Orifice: 1/2"
30 PRESSURE REDUCING REGULATOR FOR REGULATOR STATIONS AND DISTRIC GATE STATIONS (EQUIVALENT TO FISHER 299)5 -$ -$
1) Inlet: Up to 1000 psig/69.1 bar
2) Outlet: 2" W.C.to 100 psig
3)Brass Seat
4)Orifice: 7/8"
5) Internal pressure registration
6) 2 inch flanged body
31 STRAINERS 50 -$ -$
1) 2" Threaded body
2) 100 mesh
32 FILTER 2" (DRY PARTICLE)10 -$ -$
1) 2" Flanged body
2) 180 psig max
3) 10 micron filter
33 FILTER 3" (DRY PARTICLE)2 -$ -$
1) 3" Flanged body
2) 180 psig max
3) 10 micron filter
34 FILTER 4" (DRY PARTICLE)2 -$ -$
1) 4" Flanged body
2) 180 psig max
3) 10 micron filter
GRAND TOTALS:
Total for New
Units
(Total of Column
C)
Total for
Recertified Units
(Total of Column
E)
-$ -$
Page 6 of 6
v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633
INVITATION TO BID #15-24 Natural Gas Meters and Regulators
January 9, 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 9, 2024, to provide Natural Gas Meters and Regulators.
Brief Description: The City of Clearwater is soliciting sealed bids for a term contract to supply natural gas meters and regulators on an as-needed basis for the Clearwater Gas System (CGS).
Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged
and accepted.
Bid packets, any attachments and addenda are available for download at:
https://www.myclearwater.com/business/rfp
Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid.
General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Milisa Harris Procurement Analyst Milisa.Harris@myclearwater.com
This Invitation to Bid is issued by:
Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com
INSTRUCTIONS
NATURAL GAS METERS AND REGULATORS 2 ITB #15-24
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 9, 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 $ 0.00 No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to
INSTRUCTIONS
NATURAL GAS METERS AND REGULATORS 3 ITB #15-24
the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO:
It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package.
City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748
No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling
of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All
times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees,
representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment. i.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk.
i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the
preparation and submission of the bid. Bidders are cautioned to verify their bids before submission,
INSTRUCTIONS
NATURAL GAS METERS AND REGULATORS 4 ITB #15-24
as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an
authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending
on the exception, the City may reject the bid. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates
will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics.
Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received
by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner
as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the
forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or
otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such
preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the
effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid
the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual
bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or
form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to
a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder
may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document.
INSTRUCTIONS
NATURAL GAS METERS AND REGULATORS 5 ITB #15-24
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
NATURAL GAS METERS AND REGULATORS 6 ITB #15-24
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 9, 2024 Advertise Tampa Bay Times: January 10, 2024 Bids due: February 9, 2024
Review bids: February 9 – 16, 2024 Award recommendation: February 2024 Council authorization: March 2024 Contract begins: March 2024
STANDARD TERMS AND CONDITIONS
NATURAL GAS METERS AND REGULATORS 7 ITB #15-24
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. Specifically, all Contractor personnel who are working under this Agreement must be notified
STANDARD TERMS AND CONDITIONS
NATURAL GAS METERS AND REGULATORS 8 ITB #15-24
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
NATURAL GAS METERS AND REGULATORS 9 ITB #15-24
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
NATURAL GAS METERS AND REGULATORS 10 ITB #15-24
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
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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.
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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.
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NATURAL GAS METERS AND REGULATORS 13 ITB #15-24
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.
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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
NATURAL GAS METERS AND REGULATORS 15 ITB #15-24
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 City of Clearwater, d/b/a Clearwater Gas System (CGS), owns and operates
a natural gas distribution system within portions of Pinellas and Pasco County, Florida. CGS has approximately 1,080 miles of distribution gas mains that operates between 8 – 60 PSI and serves
approximately 31,900 natural gas customers over a 330 square mile service territory.
3. SCOPE OF WORK. The City of Clearwater is soliciting sealed bids to establish term contract(s) for the acquisition of natural gas meters and regulators on an as needed basis, per the specifications, sizes and variations listed on Exhibit A – Pricing Details. The estimated quantities indicated are
given only as a guideline for preparing your bid and should not be construed as representing an
actual amount to be purchased under this contract.
4. SPECIFICATIONS. Additional specification details are provided in Exhibit A – Pricing Details.
A. GENERAL REQUIREMENTS:
1. CGS will, at its discretion, place orders with the Vendor(s) for various quantities of items, as
needed, during the contract period.
2. Vendor shall submit with bid proposal a minimum one-year warranty documentation against
defects in materials and workmanship.
3. Upon request, samples of both gas meters and/or regulators shall be provided.
4. Coating requirements are a Water Based Enamel or Two-part Epoxy Finish, ASA 49 – Gray.
Powder Coated materials will be disqualified.
B. DIAPHRAGM METER REQUIREMENTS:
1. Diaphragm meters must consist of four (4) chambers
2. Molded three (3) convoluted duramic diaphragm
3. Magneformed Pressure Seal on diaphragm disk
4. Ribbed Disk
5. Reinforced "D" shaped flag rod with bottom bearing
6. Self-lubricating bearings
7. Meters must be adjustable and repairable, with tangents visually adjusted through hand hole access port
8. Compensating index capabilities with ratio stamped on index; available as an accessory for purchase or provided on meter purchases as an alternate dial to the 7”
9. Index will consist of cubic feet direct readings; two (2) foot and one-half (1/2) feet test hands for meters sizes under 630; five (5) feet and two and one-half (2.5) feet for meter sizes under 1000; and ten (10) feet and two and one-half (2.5) feet for meter sizes above 1000
DETAILED SPECIFICATIONS
NATURAL GAS METERS AND REGULATORS 16 ITB #15-24
10. Proof sheets will be provided with an accuracy within a plus/minus of one-half (1/2)% of 100%
11. Compatible with the Itron 100G ERT identified on the tabulation sheet.
12. Fifteen (15) year documented warranty on total meter
13. Equipped with wireless security seals
C. ROTARY METER REQUIREMENTS:
1. Temperature Range of -40 to +140 deg. F
2. Maximum Operating Pressure (MAOP) of 175 psig
3. Leak Test (125% MAOP) of 219 psig
4. Static Leak Test (two [2] x MAOP) of 350 psig
5. Maximum Pressure Rate of five (5) psig/sec
6. Temperature Compensation Range (TC, TD); -20 to +120 deg. F
7. Minimum Odometer Reading of two one-hundredths (0.2) cf
8. Flange Connection; ANSI 150#FF
9. Bolt Size of five-eighths (5/8) – eleven (11) in.
10. Bolt Torque (Lubricated and Non-Lubricated) of 55/60 ft-lb.
11. Standard Counter Instrument Drive compatible with the Itron 100G ERT, models: ERG-5006-007
or ERG-5006-008
D. COMMERCIAL & RESIDENTIAL REGULATOR REQUIREMENTS (¾" - 2"):
1. Cast Iron Body
2. Nitrile (NBR) Body Gasket
3. ASA thermoplastic Closing Cap
4. Delrin Adjusting Screw
5. Aluminum Diaphragm Case, Spring Case, Diaphragm Plate, Orifice, and Valve Stem
6. Delrin Pusher Post or Relief Valve Seat
7. Nitrile Diaphragm and Disk
8. Zinc-plated steel Control Spring
9. Stainless steel Relief Valve Spring
10. Stainless steel Relief Valve Retainer
11. Stainless steel Vent Screen
12. Stainless steel Lever Pin
13. Plated steel Spring Seat, Lever, and all other Metal Parts
E. SAMPLES:
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NATURAL GAS METERS AND REGULATORS 17 ITB #15-24
1. Product samples may be requested. All samples requested must be representative of the
quality of products to be produced and must meet all mandatory requirements to be considered.
2. Samples must be submitted at no additional cost to the City and will be retained for use as
quality assurance standards and for testing purposes.
3. The samples provided will not be returned by the City. Unsuccessful bidders may provide
return postage if products are to be returned.
4. The determination on whether a product is “equivalent” will be made by the City after an
evaluation from Clearwater Gas System staff.
F. PRICING:
On Exhibit A – Pricing Details, for each item there is a line item to indicate pricing for new equipment
and recertified equipment. Bidder may include pricing for new items or a combination of new items
and recertified items. Pricing for new equipment should be included on the bid pricing sheet. The
City will accept pricing for recertified materials as a supplemental source to CGS's meter and
regulator requirement; however, the City will not rely solely on recertified equipment. If a vendor
only provides pricing for recertified materials that vendor would only be consider as secondary
vendor and is not eligible for primary award consideration.
G. TRAINING: Bidder must indicate on Bid Pricing Sheet, pg. 21, details of training/consulting available on their products (i.e. the type, duration, subject, etc.). H. MANUFACTURER:
Bidder must indicate on Bid Pricing Sheet, pg. 21, the manufacturer of all item(s) bid on. If
additional space is need, bidder may submit additional pages.
5. MINIMUM QUALIFICATIONS. Prior to contract award, any bidder may be required to show that the company has the necessary facilities, equipment, ability, and financial resources to perform the work specified in a satisfactory manner and within the time specified.
6. DELIVERY. Delivery shall be made to the location indicated: Ship to: Clearwater Gas Systems
777 Maple St. Clearwater FL 33765 Phone: 727-562-4900
Bidder shall indicate the standard delivery time after receipt of order on the bid price page.
7. INSURANCE REQUIREMENTS. To be reviewed by Risk Manager. 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.
DETAILED SPECIFICATIONS
NATURAL GAS METERS AND REGULATORS 18 ITB #15-24
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 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 #15-24 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
NATURAL GAS METERS AND REGULATORS 19 ITB #15-24
1. BEGINNING AND END DATE OF INITIAL TERM. March 2024 – 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 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 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 (12) month change in the Consumer Price Index for All Urban Consumers (CPI-U), for All Urban Consumers, All Items, Tampa-St. Petersburg-Clearwater, Florida, as published by
the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm).
The price adjustment rate will be determined by comparing the percentage difference between the CPI in effect for the base year six (6) month average (January 2024 through July 2024) and each six (6) month average thereafter. The percentage difference between those two (2) CPI issues will be the price adjustment rate, not to exceed three (3) percent on an annual basis, and six (6) percent over the three (3) year contract term.
No fuel surcharges will be accepted.
BID SUBMISSION
NATURAL GAS METERS AND REGULATORS 20 ITB #15-24
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 in excel format Exceptions/Additional Materials/Addenda form Vendor Information form
Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form Warranty information
W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
BID PRICING
NATURAL GAS METERS AND REGULATORS 21 ITB #15-24
Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Natural Gas Meters and Regulators to the City of Clearwater at the price(s) stated below. Note: Bidder must include completed Exhibit A- Pricing Details with bid submittal package.
GROUP GRAND TOTALS from Exhibit A – Scope of Work / Pricing Details by Group
Grand Total for New Units $
Grand Total for Recertified Units $
LIST OF MANUFACTURERS BIDDER INTENDS TO SUPPLY
Diaphragm Meters
Rotary Meters
Commercial Regulators
Residential Regulators
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
Vendor: _________________________________________ Date: _______________________________
EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA
NATURAL GAS METERS AND REGULATORS 22 ITB #15-24
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
NATURAL GAS METERS AND REGULATORS 23 ITB #15-24
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
NATURAL GAS METERS AND REGULATORS 24 ITB #15-24
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
NATURAL GAS METERS AND REGULATORS 25 ITB #15-24
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
NATURAL GAS METERS AND REGULATORS 26 ITB #15-24
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
NATURAL GAS METERS AND REGULATORS 27 ITB #15-24
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:
MAILING LABEL
CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER
NATURAL GAS METERS AND REGULATORS 28 ITB #15-24
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID
Submitted by: Company Name:
Address:
City, State, Zip: ITB #15-24, Natural Gas Meters, and Regulators Due Date: February 9, 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 #15-24, Natural Gas Meters, and Regulators Due Date: February 9, 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#24-0341
Agenda Date: 4/15/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Human Resources
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Approve the Second Amendment between the City of Clearwater and the International City Management
Association Retirement Corporation (ICMA-RC) dba MissionSquare Retirement (MissionSquare) to provide
administrative services as Administrator of the City 401a Money Purchase Pension Plan and the voluntary
457 Deferred Compensation Plan, for the term June 1, 2024 through May 31, 2029, pursuant to RFP 16-18
and Clearwater Code of Ordinances Section 2.563(1)(d), Non-Competitive Purchase, and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
MissionSquare currently administers the City’s 401a Money Purchase Pension Plan and the voluntary 457
deferred compensation program. MissionSquare was selected per RFP 16-18 issued in January 2018. In
September 2018 Council approved the agreement with MissionSquare for an initial five-year term of January
1, 2019 through December 31, 2023, with the agreement automatically renewing for an additional one year
period.
MissionSquare has approached the City with a proposed fee reduction for plan participants, from the
current .049% to .039%, in exchange for a new five-year agreement, equating to a 20.4% decrease in the
fee. The City retains the right to terminate the agreement at any time with 90 days written notice.
Staff is very pleased with the level of administrative services and employee support provided by
MissionSquare and recommends approval of a new five-year agreement to take advantage of the significant
fee reduction for employees/plan participants. Seeking a new vendor at this time would cause a significant
disruption to employees as employees would need to transition and set up new accounts, which recently
occurred in 2019. That transition process took approximately 4-6 months. For these reasons this purchase
is impractical to bid. At the end of this five-year renewal, Staff intends to issue a new RFP.
The 401a Money Purchase Pension Plan is funded by City contributions on behalf of participants and is
provided to those hired into exempt management positions that do not qualify for enrollment in the defined
benefit pension plan. The voluntary 457 deferred compensation plan is funded by plan participants.
APPROPRIATION CODE AND AMOUNT: There is no City cost associated with this agreement, as
MissionSquare administrative fees are paid by plan participants.
STRATEGIC PRIORITY:
High Performing Government: Provide evidence-based measurement tools to continually guide municipal
performance and promote accountable governance. The Fiduciary Investment Committee has the
responsibility to review, confirm and document the reasonableness of plan expenses and services. The
significant fee reduction benefits the city and all plan participants.
Superior Public Service: Attract and retain top-quality personnel through the maintenance of a competitive
compensation program. The significant fee reduction is a benefit as part of the overall compensation
package to those who participate in the plan.
Page 1 City of Clearwater Printed on 4/10/2024
SECOND AMENDMENT
to the Administrative Services Agreement
for Plan Numbers 300269, 109729 for the City of Clearwater
This Second Amendment to the September 20, 2018, Administrative Services
Agreement (“Agreement”) for Plan numbers 300269, 109729 (the “Plans”) is entered
by and between City of Clearwater (“Employer”) and The International City
Management Association Retirement Corporation doing business as MissionSquare
Retirement (“MissionSquare”), effective as of the date of execution by the Employer
below (“Execution Date”).
WHEREAS, the Employer sponsors the Plans on behalf of its eligible employees and
retirees;
WHEREAS, the Employer entered the Agreement to engage MissionSquare to provide
administrative services and investments for the Plan under the terms specified in the
Agreement;
WHEREAS, the parties wish to amend the Agreement to (example change the
Compensation and Payment section and Term section;
WHEREAS, Section 11(a) of the Agreement provides that the Agreement may be
amended pursuant to a written instrument signed by the parties.
NOW, THEREFORE, the Agreement is hereby amended as follows:
FIRST
Section 7 of the Agreement is restated in full by replacing it with the following:
7. Compensation and Payment
(a) Participant Fees. Plan participant accounts shall be assessed an
asset-based fee to cover the costs of record-keeping and other
services provided by MissionSquare, and other costs associated
with the Plans as directed by the Employer. The Employer shall
work with MissionSquare to determine the appropriate amount of
the gross asset-based fee to be charged to participant accounts,
which may be increased or decreased from time to time at the
direction of the Employer. At the inception of this Agreement the
participant fee shall be 0.039%.
Page 2 of 9 Amendment 300269, 109729
(b) Revenue Requirement. MissionSquare shall receive total annual
aggregate revenue of 0.039% of Plan assets under
MissionSquare’s administration for providing recordkeeping and
other services to the Plans. Such revenue shall be deducted by
MissionSquare from amounts collected through the application of
the asset-based fee described in section 7(a) prior to allocation of
any participant level asset-based fees to the Administrative
Allowance Account (an unallocated plan account, which may also
be known as a “plan level expense account”) described is section
7(c) below.
(c) Administrative Allowance Account. Amounts collected through
the application of the asset-based fee described in section 7(a)
above in excess of the Revenue Requirement specified in
subsection 7(b) above, if any, shall be held in an Administrative
Allowance Account for each Plan (that is maintained as a Plan asset
by MissionSquare). Employer understands that the Plan
administrative allowance is to be used only to pay for reasonable
plan administrative expenses of the Plan or allocated to Plan
participants at the instruction of the Employer. Employer may
determine that funds from the Administrative Allowance Account
should directly pay the invoices of consultants to the Plan. If
Employer makes such a determination, Employer will direct
MissionSquare in a separate letter to send Administrative
Allowance monies to such consultants.
The payment will be made only from the above-referenced Plan’s
Administrative Allowance Account. Should the amount in the
Plan’s Administrative Allowance Account be insufficient to cover
the fee due, MissionSquare will seek written instruction from the
Plan or Plan Sponsor as to the amount to pay the consultant. For
processing purposes, the consultant may submit an invoice to
MissionSquare for payment of the fee; provided, however, that
MissionSquare will pay the consultant only as set forth above. The
consultant shall have no authority to calculate the fee amount,
change the frequency of the payment, or change the payee.
Employer acknowledges and agrees that, for the purposes of these
payments, MissionSquare is acting as the agent of the Plan.
Employer also acknowledges that in following its direction
MissionSquare is not exercising any discretion regarding whether
the above fee payment is an appropriate or reasonable use of Plan
Page 3 of 9 Amendment 300269, 109729
funds. Accordingly, Employer agrees to hold MissionSquare
harmless from adverse consequences that may result from making
such payments.
(d) Revenue Received from Investment Options. Neither
MissionSquare nor the Employer shall retain recordkeeping
revenue received directly from investment options made available
under the Plan. MissionSquare shall be compensated from fees
collected from participant accounts through the application of the
asset-based fee described in section 7(a) above. In the event that
any Plan investment options do generate revenue from plan
investments, MissionSquare shall, as directed by the Employer,
credit any and all revenue back to those participant accounts
invested in the option in question.
(e) Compensation for Management Services to VantageTrust
Company, Compensation for Advisory and other Services to
the MissionSquare Funds Class M and Payments from Third-
Party Investment Options. Employer acknowledges that
MissionSquare, or its wholly owned subsidiary, receives fees from
VantageTrust Company for investment advisory services and plan
and participant services furnished to VantageTrust
Company. Employer further acknowledges that MissionSquare,
including certain of its wholly owned subsidiaries, receives
compensation for advisory and other services furnished to the
MissionSquare Funds Class M, which serve as the underlying
portfolios of a number of Funds offered through VantageTrust. For
a MissionSquare Fund Class R that invests substantially all of its
assets in a third-party mutual fund not affiliated with
MissionSquare, MissionSquare or its wholly owned subsidiary
receives payments from the third-party mutual fund families or
their service providers in the form of 12b-1 fees, service fees,
compensation for sub-accounting and other services provided
based on assets in the underlying third-party mutual fund. These
fees are described in the MissionSquare Disclosures and
MissionSquare’s fee disclosure statement. In addition, to the
extent that third party investment options are included in the
investment line-up for the Plan, MissionSquare receives
administrative fees from its third-party settlement and clearing
agent for providing administrative and other services based on
assets invested in third-party investment options; such
administrative fees come from payments made by third-party
investment options to the settlement and clearing agent.
Page 4 of 9 Amendment 300269, 109729
(f) Redemption Fees. Redemption fees imposed by outside
investment options in which Plan assets are invested are collected
and paid to the investment option by MissionSquare.
MissionSquare remits 100% of redemption fees back to the
specific investment option to which redemption fees apply. These
redemption fees and the individual investment option’s policy with
respect to redemption fees are specified in the prospectus or other
disclosure documents for the individual investment option and
referenced in the MissionSquare Disclosures.
(g) Payment Procedures. All payments to MissionSquare pursuant to
this Section 7 shall be made from Plan assets held by VantageTrust
or received from third-party investment options or their service
providers in connection with Plan assets invested in such third-
party investment options, to the extent not paid by the Employer.
The amount of Plan assets administered by MissionSquare shall be
adjusted as required to reflect any such payments as are made
from the Plan. In the event that the Employer agrees to pay
amounts owed pursuant to this Section 7 directly, any amounts
unpaid and outstanding after 30 days of invoice to the Employer
shall be withdrawn from Plan assets.
The compensation and payment set forth in this Section 7 are contingent upon
the Employer’s using MissionSquare’s plan sponsor website for contribution
processing and submitting contribution funds by ACH or wire transfer on a
consistent basis over the term of this Agreement and the use of the
MissionSquare PLUS Fund as the sole stable value fund.
The compensation and payment in this Section 7 will take effect in the calendar
quarter following receipt at a Delivery Address (defined below the signature
line) of one fully executed copy of this Second Amendment to the Administrative
Services Agreement based upon the following schedule:
• Agreement received by February 20 – Effective April
• Agreement received by May 20 – Effective July
• Agreement received by August 20 – Effective October
• Agreement received by November 20 – Effective January
Employer further acknowledges and agrees that compensation and payment
under this Agreement shall be subject to re-negotiation in the event that the
Employer (a) chooses to implement additional mutual funds that neither (i) trade
Page 5 of 9 Amendment 300269, 109729
via NSCC nor (ii) meet MissionSquare’s daily trading operational guidelines or
(b) chooses to implement investment options that are not mutual funds.
SECOND
Section 10 of the Agreement is restated in full by replacing it with the following:
10. Term
This Agreement shall be in effect and commence on the date all parties
have signed and executed this Agreement (“Inception Date”). The term
of this Agreement will commence on the Inception Date of June 1, 2024,
to May 31, 2029, however, that the Employer may terminate this
Agreement prior to the end of the term with 90 days following such
written notice of the Employer’s intentional to terminate the Agreement.
The Employer understands and acknowledges that, in the event the
Employer terminates this Agreement (or replaces the MissionSquare
PLUS Fund of VantageTrust as an investment option in its investment line-
up), MissionSquare retains full discretion to release Plan assets invested
in the MissionSquare PLUS Fund in an orderly manner over a period of up
to 12 months from the date MissionSquare receives written notification
from the Employer that it has made a final and binding selection of a
replacement for MissionSquare as administrator of the Plan (or a
replacement investment option for the MissionSquare PLUS Fund).
THIRD
References to “VT III Vantagepoint Funds” shall mean the “MissionSquare Funds
of VantageTrust”, and references to the “VT PLUS Fund” shall mean the
“MissionSquare PLUS Fund”.
FOURTH
References to the “VT Disclosures” shall be replaced with “MissionSquare
Disclosures”, which shall denote the principal disclosure documents for the
MissionSquare Funds of VantageTrust, which documents are the Disclosure
Memorandum and the Fact Sheets for the funds.
Page 6 of 9 Amendment 300269, 109729
FIFTH
Material terms of the Agreement are unchanged, unless MissionSquare has
notified Employer of a change to the Agreement prior to the execution of this
Amendment.
SIXTH
Exhibit A of the Agreement is restated in full by replacing it with the following:
Exhibit A
Administrative Services
The administrative services to be performed by MissionSquare under this
Agreement shall be as follows:
(a) Participant enrollment services are provided online. Employees will
enroll online through a secure site or the Employer will enroll
employees through the plan sponsor website.
(b) Establishment of participant accounts for each employee participating in
the Plan for whom MissionSquare receives appropriate enrollment
instructions. MissionSquare is not responsible for determining if such Plan
participants are eligible under the terms of the Plan.
(c) Allocation in accordance with participant directions received in good
order of individual participant accounts to investment options offered
under the Plan.
(d) Maintenance of individual accounts for participants reflecting amounts
deferred, income, gain or loss credited, and amounts distributed as
benefits.
(e) Maintenance of records for all participants for whom participant accounts
have been established. These files shall include enrollment instructions
(provided to MissionSquare through the participant website or the plan
sponsor website), beneficiary designation instructions and all other
documents concerning each participant's account.
(f) Provision of periodic reports to the Employer through the plan sponsor
website. Participants will have access to account information through
Participant Services, Voice Response System, the participant website,
and text access, and through quarterly statements that can be delivered
electronically through the participant website or by postal service.
Page 7 of 9 Amendment 300269, 109729
(g) Communication to participants of information regarding their rights and
elections under the Plan.
(h) Making available Participant Services Representatives through a toll-free
telephone number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday
through Friday (excluding holidays and days on which the securities
markets or MissionSquare are closed for business (including emergency
closings)), to assist participants.
(i) Making available access to MissionSquare’s website, to allow
participants to access certain account information and initiate certain
plan transactions at any time. The participant website is normally
available 24 hours a day, seven days a week except during scheduled
maintenance periods designed to ensure high-quality performance.
(j) Maintaining the security and confidentiality of client information through
a system of controls including but not limited to, as appropriate:
restricting plan and participant information only to those who need it to
provide services, software and hardware security, access controls, data
back-up and storage procedures, non-disclosure agreements, security
incident response procedures, and audit reviews.
(k) Making available access to MissionSquare’s plan sponsor web site to
allow plan sponsors to access certain plan information and initiate plan
transactions such as enrolling participants and managing contributions
at any time. The plan sponsor web site is normally available 24 hours a
day, seven days a week except during scheduled maintenance
periods designed to ensure high-quality performance.
(l) Distribution of benefits as agent for the Employer in accordance with
terms of the Plan. Participants who have separated from service can
request distributions through the participant website or via form.
(m) MissionSquare is authorized by the Employer to (a) determine whether a
domestic relations order is an acceptable qualified domestic relations
order under the terms of the Plan and (b) establish a separate account
record for the alternate payee and provide for the investment and
distribution of assets held thereunder.
(n) Loans may be made available on the terms specified in the Loan
Guidelines, if loans are adopted by the Employer. Participants can
request loans through the participant website.
(o) Guided Pathways Advisory Services – MissionSquare’s participant advice
service, “Fund Advice”, may be made available through a third-party
vendor on the terms specified on MissionSquare’s website.
Page 8 of 9 Amendment 300269, 109729
(p) MissionSquare is authorized by the Employer to establish an unallocated
plan level expense account to function as the Administrative Allowance
account, to be invested as Employer directs.
(q) MissionSquare will determine appropriate delivery method (electronic
and/or print) for plan sponsor/participant communications and
education based on a number of factors (audience, effectiveness, etc.)
In all other material respects, the Agreement is hereby ratified and affirmed.
Page 9 of 9 Amendment 300269, 109729
IN WITNESS WHEREOF, Employer has caused this Amendment to be executed by its
duly authorized officer as of this day, (please enter date) __________________________.
CITY OF CLEARWATER
Jennifer Poirrier
Mayor City Manager
Approved as to form: Attest:
Owen Kohler Rosemarie Call
Lead Assistant City Attorney City Clerk
THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION
RETIREMENT CORPORATION doing business as
MISSIONSQUARE RETIREMENT
By _____________________________
Erica McFarquhar
Assistant Secretary
ADMINISTRATIVE SERVICES AGREEMENT
Between
ICMA Retirement Corporation
and
City of Clearwater
Type: 457
Account #: 300269
Type: 401
Account #: 109729
Plan number 300269, 109729
ADMINISTRATIVE SERVICES AGREEMENT
This Administrative Services Agreement ("Agreement"), made as of the 42,64iday
of Sepfprt20 '18 between the International City Management Association Retirement
Corporation ("ICMA-RC"), a nonprofit corporation organized and existing under the
laws of the State of Delaware, and the City of Clearwater ("Employer"), a City
organized and existing under the laws of the State of Florida with an office at 100 South
Myrtle Avenue, Clearwater, Florida 33756.
RECITALS
Employer acts as public plan sponsor of a retirement plan ("Plan"), and in that
capacity, has responsibility to obtain administrative services and investment alternatives
for the Plan;
VantageTrust is a group trust established and maintained in accordance with New
Hampshire Revised Statutes Annotated section 391:1 and Internal Revenue Service
Revenue Ruling 81-100, 1981-1 C.B. 326, which provides for the commingled
investment of retirement funds;
ICMA-RC acts as investment adviser to VantageTrust Company, LLC, the
Trustee of VantageTrust;
ICMA-RC has designed, and VantageTrust offers, a series of separate funds (the
Funds") for the investment of plan assets as referenced in VantageTrust's principal
disclosure documents, the VantageTrust Disclosure Memorandum and the Funds' Fact
Sheets (together, "VT Disclosures"); and
In addition to serving as investment adviser to VantageTrust Company LLC,
ICMA-RC provides a range of services to public employers for the operation of
employee retirement plans including, but not limited to, communications concerning
investment alternatives, account maintenance, account recordkeeping, investment and tax
reporting, transaction processing, and benefit disbursement.
2
Plan number 300269, 109729
AGREEMENTS
1. Appointment of ICMA-RC
Employer hereby appoints ICMA-RC as Administrator of the Plan to perform all
nondiscretionary functions necessary for the administration of the Plan. The functions to
be performed by ICMA-RC shall be those set forth in Exhibit A to this Agreement.
2. Adoption of Trust
Employer has adopted the Declaration of Trust of VantageTrust Company and agrees to
the commingled investment of assets of the Plan within VantageTrust Employer agrees
that the investment, management, and distribution of amounts deposited in VantageTrust
shall be subject to the Declaration of Trust, as it may be amended from time to time and
shall also be subject to terms and conditions set forth in disclosure documents (such as
the VT Disclosures or Employer Bulletins) as those terms and conditions may be adjusted
from time to time.
3. Exclusivity Agreement
Employer agrees that for the initial or succeeding term of this Agreement specified in
Section 10, so long as ICMA-RC continues to perform in all material respects the
services to be performed by it under this Agreement, Employer shall not obtain plan
administration from anyone other than ICMA-RC. Employer acknowledges that ICMA-
RC has agreed to the compensation to be paid to ICMA-RC under this Agreement in the
expectation that ICMA-RC will be able to offset costs allocable to performing this
Agreement with revenues arising from Employer's exclusive use of ICMA-RC at the
rates provided herein throughout the initial or succeeding term.
4. Employer Duty to Furnish Information
Employer agrees to furnish to ICMA-RC on a timely basis such information as is
necessary for ICMA-RC to carry out its responsibilities as Administrator of the Plan,
including information needed to allocate individual participant accounts to Funds in
VantageTrust, and information as to the employment status of participants, and
participant ages, addresses, and other identifying information (including tax identification
numbers). Employer also agrees that it will notify ICMA-RC in a timely manner
regarding changes in staff as it relates to various roles. This is to be completed through
the online EZLink employer contact options. ICMA-RC shall be entitled to rely upon the
accuracy of any information that is furnished to it by a responsible official of the
Employer or any information relating to an individual participant or beneficiary that is
furnished by such participant or beneficiary, and ICMA-RC shall not be responsible for
any error arising from its reliance on such information. ICMA-RC will provide reports,
statements and account information to the Employer through EZLink, the online plan
administrative tool.
3
Plan number 300269, 109729
Employer is required to send in contributions through EZLink, the online plan
administration tool provided by ICMA-RC. Alternative electronic methods may be
allowed, but must be approved by ICMA-RC for use. Contributions may not be sent
through paper submittal documents.
To the extent Employer selects third -party funds that do not have fund profile
information provided to ICMA-RC through our electronic data feeds from external
sources (such as Morningstar) or third party fund providers, the Employer is responsible
for providing to ICMA-RC timely fund investment updates for disclosure to Plan
participants. Such updates may be provided to ICMA-RC through the Employer's
investment consultant or other designated representative.
Failure to provide timely fund profile update information, including the source of the
information, may result in a lack of fund information for participants, as ICMA-RC will
remove outdated fund profile information from the systems that provide fund information
to Plan participants.
5. Certain Representations and Warranties
ICMA-RC represents and warrants to Employer that:
a)
b)
ICMA-RC is a non-profit corporation with full power and authority to
enter into this Agreement and to perform its obligations under this
Agreement. The ability of ICMA-RC to serve as investment adviser to
VantageTrust is dependent upon the continued willingness of
VantageTrust for ICMA-RC to serve in that capacity.
ICMA-RC is an investment adviser registered as such with the U.S.
Securities and Exchange Commission under the Investment Advisers Act
of 1940, as amended.
c)(i) ICMA-RC shall maintain and administer the Plan in accordance with the
requirements for eligible deferred compensation plans under Section 457
of the Internal Revenue Code and other applicable federal law; provided,
however, that ICMA-RC shall not be responsible for the eligible status of
the Plan in the event that the Employer directs ICMA-RC to administer the
Plan or disburse assets in a manner inconsistent with the requirements of
Section 457 or otherwise causes the Plan not to be carried out in
accordance with its terms. Further, in the event that the Employer uses its
own customized plan document, ICMA-RC shall not be responsible for
the eligible status of the Plan to the extent affected by terms in the
Employer's plan document that differ from those in ICMA-RC's standard
plan document. ICMA-RC shall not be responsible for monitoring state or
local law applicable to retirement plans or for administering the Plan in
compliance with local or state requirements unless Employer notifies
ICMA-RC of any such local or state requirements.
4
Plan number 300269, 109729
c)(ii) ICMA-RC shall maintain and administer the Plan in accordance with the
requirements for plans which satisfy the qualification requirements of
Section 401 of the Internal Revenue Code and other applicable federal
law; provided, however, ICMA-RC shall not be responsible for the
qualified status of the Plan in the event that the Employer directs ICMA-
RC to administer the Plan or disburse assets in a manner inconsistent with
the requirements of Section 401 or otherwise causes the Plan not to be
carried out in accordance with its terms; provided, further, that if the plan
document used by the Employer contains terms that differ from the terms
of ICMA-RC's standardized plan document, ICMA-RC shall not be
responsible for the qualified status of the Plan to the extent affected by the
differing terms in the Employer's plan document. ICMA-RC shall not be
responsible for monitoring state or local law applicable to retirement plans
or for administering the Plan in compliance with local or state
requirements unless Employer notifies ICMA-RC of any such local or
state requirements.
Employer represents and warrants to ICMA-RC that:
d) Employer is organized in the form and manner recited in the opening
paragraph of this Agreement with full power and authority to enter into
and perform its obligations under this Agreement and to act for the Plan
and participants in the manner contemplated in this Agreement. Execution,
delivery, and performance of this Agreement will not conflict with any
law, rule, regulation or contract by which the Employer is bound or to
which it is a party.
e) Employer understands and agrees that ICMA-RC's sole function under
this Agreement is to act as recordkeeper and to provide administrative,
investment or other services at the direction of Plan participants, the
Employer, its agents or designees in accordance with the terms of this
Agreement. Under the terms of this Agreement, ICMA-RC does not
render investment advice, is not the Plan Administrator or Plan Sponsor as
those terms are defined under applicable federal, state, or local law, and
does not provide legal, tax or accounting advice with respect to the
creation, adoption or operation of the Plan and its related trust. ICMA-RC
does not perform any service under this Agreement that might cause
ICMA-RC to be treated as a "fiduciary" of the Plan under applicable law,
except, and only, to the extent that ICMA-RC provides investment
advisory services to individual participants enrolled in Guided Pathways
Advisory Services.
f) Employer acknowledges and agrees that ICMA-RC does not assume any
responsibility with respect to the selection or retention of the Plan's
investment options. Employer shall have exclusive responsibility for the
Plan's investment options, including the selection of the applicable mutual
fund share class. Where applicable, Employer understands that the VT
5
g)
Plan number 300269, 109729
Retirement IncomeAdvantage Fund is an investment option for the Plan
and that the fund invests in a separate account available through a group
variable annuity contract. By entering into this Agreement, Employer
acknowledges that it has received the Important Considerations document
and the VT Disclosures and that it has read the information therein
concerning the VT Retirement IncomeAdvantage Fund.
Employer acknowledges that certain such services to be performed by
ICMA-RC under this Agreement may be performed by an affiliate or
agent of ICMA-RC pursuant to one or more other contractual
arrangements or relationships, and that ICMA-RC reserves the right to
change vendors with which it has contracted to provide services in
connection with this Agreement without prior notice to Employer.
Employer acknowledges that it has received ICMA-RC's Fee Disclosure
Statement, prepared in substantial conformance with ERISA regulations
regarding the disclosure of fees to plan sponsors.
Employer approves the use of its Plan in ICMA-RC external media,
publications and materials. Examples include press releases
announcements and inclusion of the general plan information in request
for proposal responses.
6. Participation in Certain Proceedings
The Employer hereby authorizes ICMA-RC to act as agent, to appear on its behalf, and to
join the Employer as a necessary party in all legal proceedings involving the garnishment
ofbenefits or the transfer of benefits pursuant to the divorce or separation of participants
in the Plan. Unless Employer notifies ICMA-RC otherwise, Employer consents to the
disbursement by ICMA-RC of benefits that have been garnished or transferred to a
former spouse, current spouse, or child pursuant to a domestic relations order or child
support order.
7. Compensation and Payment
a) Participant Fees. Plan participant accounts shall be assessed an asset-based
fee to cover the costs of record-keeping and other services provided by
ICMA-RC, and other costs associated with the Plans as directed by the
Employer. The Employer shall work with ICMA-RC to determine the
appropriate amount of the gross asset-based fee to be charged to participant
accounts, which may be increased or decreased from time to time at the
direction of the Employer. At the inception of this contract the participant fee
shall be 0.049%.
b) Revenue Requirement. ICMA-RC shall receive total annual aggregate
revenue of 0.049% of Plan assets under ICMA-RC's administration for
providing recordkeeping and other services to the Plans. Such revenue shall
6
Plan number 300269, 109729
be deducted by ICMA-RC from amounts collected through the application of
the asset-based fee described in section 7(a) prior to allocation of any
participant level asset-based fees to the Administrative Allowance Account
described is section 7(c) below.
c) Administrative Allowance Account. Amounts collected through the
application of the asset-based fee described in section 7(a) above in excess of
the Revenue Requirement specified in subsection 7(b) above, if any, shall be
held in an Administrative Allowance Account (that is a maintained as a Plan
asset by ICMA-RC). Employer understands that the Plan administrative
allowance is to be used only to pay for reasonable plan administrative
expenses of the Plan or allocated to Plan participants at the instruction of
the Employer.
d) Revenue Received From Investment Options. Neither ICMA-RC nor the
Employer shall retain recordkeeping revenue directly from investment
options made available under the Plan. ICMA-RC shall be compensated from
fees collected from participant accounts through the application of the asset-
based fee described in section 7(a) above. In the event that any Plan
investment options do generate revenue from plan investments, ICMA-RC
shall, as directed by the Employer, credit any and all revenue back to those
participant accounts invested in the option in question.
e) Compensation for Management Services to VantageTrust,
Compensation for Advisory and other Services to the VT III
Vantagepoint Funds and Payments from Third -Party Mutual Funds.
Employer acknowledges that, in addition to amounts payable under this
Agreement, ICMA-RC receives fees from VantageTrust for investment
advisory services and plan and participant services furnished to
VantageTrust. Employer further acknowledges that ICMA-RC, including
certain of its wholly owned subsidiaries, receives compensation for
advisory and other services furnished to the VT III Vantagepoint Funds,
which serve as the underlying portfolios of a number of Funds offered
through VantageTrust. For a VantageTrust Fund that invests substantially
all of its assets in a third -party mutual fund not affiliated with ICMA-RC,
ICMA-RC or its wholly owned subsidiary receives payments from the
third -party mutual fund families or their service providers in the form of
12b-1 fees, service fees, compensation for sub -accounting and other
services provided based on assets in the underlying third -party mutual
fund. These fees are described in the VT Disclosures and ICMA-RC's fee
disclosure statement. In addition, to the extent that third party mutual
funds are included in the investment line-up for the Plan, ICMA-RC
receives administrative fees from its third party mutual fund settlement
and clearing agent for providing administrative and other services based
on assets invested in third party mutual funds; such administrative fees
come from payments made by third party mutual funds to the settlement
and clearing agent.
7
Plan number 300269, 109729
f) Redemption Fees. Redemption fees imposed by outside mutual funds in
which Plan assets are invested are collected and paid to the mutual fund by
ICMA-RC. ICMA-RC remits 100% of redemption fees back to the
specific mutual fund to which redemption fees apply. These redemption
fees and the individual mutual fund's policy with respect to redemption
fees are specified in the prospectus for the individual mutual fund and
referenced in the VT Disclosures.
g) Payment Procedures. All payments to ICMA-RC pursuant to this Section
7 shall be made from Plan assets held by VantageTrust or received from
third -party mutual funds or their service providers in connection with Plan
assets invested in such third -party mutual funds, to the extent not paid by
the Employer. The amount of Plan assets administered by ICMA-RC shall
be adjusted as required to reflect any such payments as are made from the
Plan. In the event that the Employer agrees to pay amounts owed pursuant
to this Section 7 directly, any amounts unpaid and outstanding after 30
days of invoice to the Employer shall be withdrawn from Plan assets.
The compensation and payment set forth in this Section 7 is contingent upon the
Employer's use of ICMA-RC's EZLink system for contribution processing and
submitting contribution funds by ACH or wire transfer on a consistent basis over the
term of this Agreement. The compensation in this Section 7 is also based on the
assets of the Plan being invested in "zero revenue" shares of VantageTrust and is
further contingent upon the VT PLUS fund being the only stable value investment.
The compensation and payment set forth in this Section 7 is further contingent upon
the transfer of all assets of the Plan(s) from the prior recordkeeper for the Plan(s) to
ICMA-RC's administration in the approximate amount of $22 million Employer
further acknowledges and agrees that compensation and payment under this
Agreement shall be subject to re -negotiation in the event that there is a material
difference between the assets and/or participants transferred to ICMA-RC and the
information provided from the Employer in the Request for Proposal.
Following the receipt at a Delivery Address (defined below the signature line) of one
fully executed copy ofthis Agreement, the compensation and payment in this Section
7 will take effect in the month where the assets from the prior recordkeeper transfer to
ICMA-RC or where the Plan Sponsor initiates a revised fund line-up, whichever
occurs first.
Employer further acknowledges and agrees that compensation and payment under this
Agreement shall be subject to re -negotiation in the event that the Employer chooses
to implement additional funds not available to ICMA-RC 's mutual fund platform.
8
Plan number 300269, 109729
8. Contribution Remittance
Employer understands that amounts invested through VantageTrust are to be remitted
directly to VantageTrust in accordance with instructions provided to Employer by ICMA-
RC and are not to be remitted to ICMA-RC. In the event that any check or wire transfer is
incorrectly labeled or transferred to ICMA-RC, ICMA-RC may return it to Employer
with proper instructions.
9. Indemnification
ICMA-RC shall not be responsible for any acts or omissions of any person with respect
to the Plan or its related trust, other than ICMA-RC in connection with the administration
or operation of the Plan. ICMA-RC hereby agrees to indemnify Employer for claims
brought against Employer only to the extent that the claims are found to result from the
sole negligence of ICMA-RC, its governing body, or its employees in the performance of
this Agreement. 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
ICMA-RC.
Employer hereby agrees to indemnify ICMA-RC for claims brought against ICMA-RC
only to the extent that the claims are found to result from the sole negligence of the
Employer, its governing body, or its employees regarding the Plan and their related trusts.
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 the Employer.
This indemnification shall not be construed as a waiver of the Employer's sovereign
immunity and shall be interpreted as limited to only such traditional liabilities for which
the Employer could be liable under the common law interpreting the limited waiver of
sovereign immunity Any claims against the Employer must comply with the procedures
found in §768.28, Florida 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 Agreement, or the limitations of §768.28, Florida Statutes.
In addition, this indemnification shall be construed to limit recovery by the indemnified
party against the Employer to only those damages caused by Employer'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 Employer may have under §768.28, Florida Statutes or as
consent to be sued by third parties.
10. Term
This Agreement shall be in effect and commence on the date all parties have signed and
executed this Agreement ("Inception Date"). The term of this Agreement will commence
on the Inception Date and extend five years from the date of completion and
reconciliation of the transition of assets of the Plan from the prior record keeper to
ICMA-RC; provided, however, that the Employer may terminate this Agreement prior to
the end of the initial term with 90 days following such written notice of the Employer's
9
Plan number 300269, 109729
intention to terminate the Agreement. This Agreement will be renewed automatically for
each succeeding year unless written notice of termination is provided by either party to
the other no less than 60 days before the end of such Agreement year.
The Employer understands and acknowledges that, in the event the Employer terminates
this Agreement (or replaces the VT PLUS Fund as an investment option in its investment
line-up), ICMA-RC retains full discretion to release Plan assets invested in the VT PLUS
Fund in an orderly manner over a period of up to 12 months from the date ICMA-RC
receives written notification from the Employer that it has made a final and binding
selection of a replacement for ICMA-RC as administrator of the Plan (or a replacement
investment option for the VT PLUS Fund).
If the Agreement is not renewed, ICMA-RC will provide an orderly transition of assets
and records to the new record keeper. A transition letter will be provided to the
Employer which outlines the process and the responsibilities of ICMA-RC after the
transition of assets and records has been completed.
11. Amendments and Adjustments
a) This Agreement may be amended by written instrument signed by the parties.
b) ICMA-RC may modify this agreement by providing 60 days' advance written
notice to the Employer prior to the effective date of such proposed modification.
Such modification shall become effective unless, within the 60 -day notice period,
the Employer notifies ICMA-RC in writing that it objects to such modification.
Notwithstanding the foregoing, mutual consent is required for changes to the
provisions regarding the Compensation provisions (except 7(e)), Indemnification,
the manner of compensation, the Term of this Agreement, or the general scope of
services provided by ICMA-RC hereunder, which provisions may only be
modified by a written instrument signed by all of the parties.
c) The parties agree that enhancements may be made to administrative and
operations services under this Agreement. The Employer will be notified of
enhancements through the Employer Bulletin, quarterly statements, electronic
messages or special mailings Likewise, if there are any reductions in fees, these
will be announced through the Employer Bulletin, quarterly statement, electronic
messages or special mailing
12. Notices
All notices required to be delivered under this Agreement shall be in writing and shall be
delivered, mailed, e-mailed or faxed to the location of the relevant party set forth below
or to such other address or to the attention of such other persons as such party may
hereafter specify by notice to the other party.
10
Plan number 300269, 109729
ICMA-RC: Legal Department, ICMA Retirement Corporation, 777
North Capitol Street, N.E., Suite 600, Washington, D.C., 20002-4240
Facsimile; (202) 962-4601
Employer: at the office set forth in the first paragraph hereof, or to any
other address, facsimile number or e-mail address designated by the
Employer to receive the same by written notice similarly given.
Each such notice, request or other communication shall be effective: (i) if given by
facsimile, when transmitted to the applicable facsimile number and there is appropriate
confirmation of receipt; (ii) if given by mail or e-mail, upon transmission to the
designated address with no indication that such address is invalid or incorrect; or (iii) if
given by any other means, when actually delivered at the aforesaid address.
13. Complete Agreement
This Agreement shall constitute the complete and full understanding and sole agreement
between ICMA-RC and Employer relating to the object of this Agreement and correctly
sets forth the complete rights, duties and obligations of each party to the other as of its
date. This Agreement supersedes all written and oral agreements, communications or
negotiations among the parties. Any prior agreements, promises, negotiations or
representations, verbal or otherwise, not expressly set forth in this Agreement are of no
force and effect.
14. Titles
The headings of Sections of this Agreement and the headings for each of the attached
schedules are for convenience only and do not define or limit the contents thereof.
15. Incorporation of Schedules
All Schedules (and any subsequent amendments thereto), attached hereto, and referenced
herein, are hereby incorporated within this Agreement as if set forth fully herein.
16. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida, applicable to contracts made in that jurisdiction without reference to its
conflicts of laws provisions.
17. Insurance
ICMA-RC agrees to comply with the Insurance Requirements contained in RFP#16-18,
incorporated by reference and attached hereto as Exhibit B, with the following
clarifications:
ICMA-RC accomplishes the $2,000,000/$4,000,000 General Commercial
Liability coverage requirement with a GL policy at $1,000,000/$2,000,000
11
Plan number 300269, 109729
and a $25,000,000 umbrella policy that extends the GL to $27,000,000/
29,000,000.
Notice of cancellation of any insurance policy for nonpayment shall be
provided upon ten (10) days' notice.
In Witness Whereof, the parties hereto certify that they have read and understand this
Agreement and all Schedules attached hereto and have caused this Agreement to be
executed by their duly authorized officers as ofthe Inception Date first above written.
CITY OF CLEARWATER, FLORIDA
Ctekr \CrA*
George N. Cretekos
Mayor
Approved as to form:
Owen Kohler
Assistant City Attorney
William B Home, II
City Manager
Rosemarie Call
City Clerk
INTERNATIONAL CITY MANAGEMENT
ASSOCIATION RETIREMENT CORPORATION
BY ,;(
P4iL..—
Erica McFarquhar
Assistant Secretary
Please retum an executed coov of the Aareement to a Delivery Address. either
a) Electronically to PlanAdootionServiceseicmarc-orq, or
b) In paper form to ICMA-RC
ATTN: PLAN ADOPTION SERVICES
777 North Capitol Street NE
Suite 600
Washington DC 20002-4240
12
Plan number 300269, 109729
Exhibit A
Administrative Services
The administrative services to be performed by ICMA-RC under this Agreement shall be
as follows:
a) Participant enrollment services, including providing a welcome package and
enrollment kit containing instructions and notices necessary to implement the Plan's
administration. Employees will enroll online or through a paper form. ICMA-RC
will provide an enrollment link through the general ICMA-RC web site as
appropriate. Employer will also make available the online enrollment link in their
Intranet site or via email to new Employees. Employer can also enroll employees
through EZLink.
b) Establishment ofparticipant accounts for each employee participating in the Plan for
whom ICMA-RC receives appropriate enrollment instructions. ICMA-RC is not
responsible for determining if such Plan participants are eligible under the terms of
the Plan.
c) Allocation in accordance with participant directions received in good order of
individual participant accounts to investment funds offered under the Plan.
d) Maintenance of individual accounts for participants reflecting amounts deferred,
income, gain or loss credited, and amounts distributed as benefits.
e) Maintenance ofrecords for all participants for whom participant accounts have been
established. These files shall include enrollment instructions (provided to ICMA-
RC through Account Access or RZLink), beneficiary designation instructions and all
other documents concerning each participant's account.
f) Provision of periodic reports to the Employer through EZLink. Participants will
have access to account information through Investor Services, Voice Response
System, Account Access, TextAccess and through quarterly statements that can
be delivered electronically through Account Access or by postal service.
g) Communication to participants of information regarding their rights and elections
under the Plan.
h) Making available Investor Services Representatives through a toll-free telephone
number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday through Friday
excluding holidays and days on which the securities markets or ICMA-RC are
closed for business (including emergency closings), to assist participants.
i) Making available access to ICMA-RC's web site, to allow participants to access
certain account information and initiate certain plan transactions at any time.
Account access is normally available 24 hours a day, seven days a week except
during scheduled maintenance periods designed to ensure high-
quality performance. The scheduled maintenance window is outlined
at htps://harperl.icmarc.org/login.jsp.
13
Plan number 300269, 109729
j) Maintaining the security and confidentiality of client information through a
system of controls including but not limited to, as appropriate: restricting plan and
participant information only to those who need it to provide services, software
and hardware security, access controls, data back-up and storage procedures, non-
disclosure agreements, security incident response procedures, and audit reviews.
k) Making available access to ICMA-RC's plan sponsor EZLink web site to allow
plan sponsors to access certain plan information and initiate plan transactions
such as enrolling participants and managing contributions at any time. E7.T.ink is
normally available 24 hours a day, seven days a week except during scheduled
maintenance periods designed to ensure high-quality performance. The scheduled
maintenance window is outlined at https://harperl.icmarc.org/login.jsp
1) Distribution of benefits as agent for the Employer in accordance with terms ofthe
Plan. Participants who have separated from service can request distributions
through Account Access or via form.
Participants' Wire Transfer Fee $15 per outgoing wire
m) Upon approval by the Employer that a domestic relations order is an acceptable
qualified domestic relations order under the terms of the Plan, ICMA-RC will
establish a separate account record for the alternate payee and provide for the
investment and distribution of assets held there under.
Participants' QDRO Processing Fee $250 per divorce
n) Loans may be made available on the terms specified in the Loan Guidelines, if loans
are adopted by the Employer. Participants can request loans through Account
Access.
Participants' Loan fees:
Loan Setup $75
Annual Loan Maintenance $50
ACH Reject Fee $20, first incident
50, next incidences
o) Guided Pathways Advisory Services — Asset Class Guidance, Fund Advice and
Managed Accounts may be made available through a third party vendor on the
terms specified on ICMA-RC's website.
Participants' Managed Account fees:
First $100k — 0.40%
Next $100k — 0.35%
Next $300k — 0.25%
Over $500k — 0.00%
p) ICMA-RC will determine appropriate delivery method (electronic and/or print)
for plan sponsor/participant communications and education based on a number of
factors (audience, effectiveness, etc.).
14
EXHIBIT B
REQUEST FOR PROPOSALS
16-18
457(b) Deferred Compensation and
401(a) Defined Contribution Retirement Plans Manager
January 10, 2018
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until
10:00 AM, Local Time, February 15, 2018 to provide 457(b) and 401(a) Plans Manager Services.
Brief Description: The City of Clearwater (City) is soliciting proposals from firms qualified to serve
as the City's retirement plan recordkeeper and service provider for the City's 457(b) Deferred
Compensation and 401(a) Defined Contribution Plans. The City intends to transfer all liquid assets
to the chosen vendor(s). Independent consultant Montgomery Retirement Plan Advisors has been
hired to assist the City with this process.
Proposals must be in accordance with the provisions, specifications and instructions set forth herein and
will be received by Purchasing 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/bid
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 Sr. Procurement Analyst:
Lori Vogel, CPPB
Sr. Procurement Analyst
Lori.Vogelamvclearwater.com
This Request for Proposals is issued by:
Alyce Benge, CPPO, C.P.M.
Purchasing Manager
Alvice.Benae(aamvclearwater.com
Purchasing Office
100 S Myrtle Ave
Clearwater FL 33756-5520
PO Box 4748, 33758-4748
727-562-4633 Tel
v 10/2017
INSTRUCTIONS
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 Purchasing
Manager listed on Page 1. Questions should be submitted in writing via letter, fax or email.
Questions received less than seven (7) 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 and an email notification sent to those who
register on the City website (when downloading the solicitation 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
i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING:
Date: February 15, 2018
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
Purchasing.
i.5 PROPOSAL FIRM TIME: 90 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:
PERFORMANCE SECURITY:
Yes
Yes
No
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
any, will be returned to Contractor upon the expiration or termination of the contract.
i.7 SUBMIT PROPOSALS TO: Use label at the end of this solicitation package
City of Clearwater
Attn: Purchasing
100 S Myrtle Ave, 3rd FI, 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.
457(b) and 401(a) Plans Manager 2 RFP #16-18
INSTRUCTIONS
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
Purchasing Office as the official time.
i.9 LOBBYING PROHIBITION. The purpose of this prohibition is to preserve the integrity of the
procurement process. Any communication regarding this solicitation for the purpose of influencing
the process or the award, between any person or affiliates seeking an award from this solicitation
and the City, including but not limited to the City Council, employees, and consultants hired to assist
in the solicitation, is prohibited.
This prohibition is imposed from the time of the first public notice of the solicitation until the City
cancels the solicitation, rejects all responses, awards a contract or otherwise takes action which
ends the solicitation process. This section shall not prohibit public comment at any City Council
meeting, study session or Council committee meeting.
This prohibition shall not apply to vendor -initiated communication with the contact(s) identified in
the solicitation or City -initiated communications for the purposes of conducting the procurement
including but not limited to pre-bid conferences, clarification of responses, presentations if provided
in the solicitation, requests for Best and Final Proposals, contract negotiations, protest/appeal
resolution, or surveying non-responsive vendors.
Violations of this provision shall be reported to the Purchasing Manager. Persons violating this
prohibition may be subject to a warning letter, rejection of their response depending on the nature
of the violation, and/or debarment of the proposer as provided in Clearwater's Purchasing Policy
and Procedures, Section 27.
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.
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.
457(b) and 401(a) Plans Manager 3 RFP #16-18
INSTRUCTIONS
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.
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:
457(b) and 401(a) Plans Manager 4 RFP #16-18
INSTRUCTIONS
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 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect
in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected
proposal is not in the City's best interests, the Respondent may submit a written protest. All protests
and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18
Purchasing Policy"). If there exists any discrepancy in this Section i.21 and the Purchasing Policy,
the language of the Purchasing Policy controls.
Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before
the bid opening must be filed with the Purchasing Manager no later than five (5) business days
before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within
the earlier of ten (10) business days of the alleged violation of the applicable purchasing ordinance.
The complete protest procedure can be obtained by contacting Purchasing.
ADDRESS PROTESTS TO:
Alyce Benge, CPPO, C.P.M.
Purchasing Manager
100 So Myrtle Ave, 3rd FI
Clearwater FL 33756-5520
or
PO Box 4748
Clearwater FL 33758-4748
457(b) and 401(a) Plans Manager 5 RFP #16-18
INSTRUCTIONS — EVALUATION
i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of
City employees. The City staff may or may not initiate discussions with proposers for clarification
purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate
discussions with any City employee or official.
i.23 EVALUATION AND AWARD. The City evaluates three (3) categories of information:
responsiveness, responsibility, and 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.
i.24 SHORT -LISTING. The City at its sole discretion may create a short-list of the highest scored
proposals based on a preliminary evaluation against the evaluation criteria. Only those short-listed
proposers would be invited to give presentations and/or interviews. Upon conclusion of any
presentations/interviews, the City will finalize the scoring against the evaluation criteria.
i.25 PRESENTATIONS/INTERVIEWS. The proposer must provide a formal presentation/interview on-
site at a City location upon request.
457(b) and 401(a) Plans Manager 6 RFP #16-18
INSTRUCTIONS — EVALUATION
i.26 EVALUATION CRITERIA. The criteria that will be evaluated and their relative weights are:
Evaluation Criteria Points
Demonstrated Experience of the Firm 25
Plan -level Administrative Processes and Sponsor Tools & Support
20
Efficient plan -level administrative processing including process
outsourcing opportunities, and prompt responses to service and
administrative inquiries
Advanced administrative support capabilities, including tracking
of eligibility and break-in service
Plan Participant Resources
20
User-friendly participant website and retirement readiness tools
Customized education program involving scheduled on-site
participant assistance combined with effective tools that will
improve retirement readiness
Fund Structure and Management
20
Efficient and timely process for periodic replacement of funds
Attractive capital preservation account with minimal transfer and
liquidation restrictions
Extensive technical/compliance support with clear escalation
procedures
Depth, diversification, and fund availability provided in the open
architecture array of investments, sufficient to enable the plan
sponsor to select and maintain a highly rated fund menu at most
cost-efficient share class
Fees and References
15Competitivefeesfromallrevenueelements
Penalty -free plan -level contract termination and liquidity, without
cause
i.27 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. Therefore, proposer should submit their best offer
based on the terms and conditions set forth in this solicitation.
i.28 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.29 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.
457(b) and 401(a) Plans Manager 7 RFP #16-18
INSTRUCTIONS — EVALUATION
i.30 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.mvclearwater.com/bid to view relevant RFP information and notices.
i.31 RFP TIMELINE. Dates are tentative and subject to change.
Release RFP: January 10, 2018
Advertise Tampa Bay Times: January 11, 2018
Responses due: February 15, 2018
Review proposals: February 15 — March 16, 2018
Presentations (if requested): week of April 2, 2018
Award recommendation: April 13, 2018
Council authorization: May, 2018
Contract effective date: October, 2018
457(b) and 401(a) Plans Manager 8 RFP #16-18
TERMS AND CONDITIONS
S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: "vendor, contractor,
supplier, proposer, company, parties, persons", "purchase order, PO, contract, agreement", "city,
Clearwater, agency, requestor, parties", "bid, proposal, response, quote".
S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor's employees, not City employees.
Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system, paid
time off or other rights afforded City employees. Contractor employees will not be regarded as City
employees or agents for any purpose, including the payment of unemployment or workers'
compensation. If any Contractor employees or subcontractors assert a claim for wages or other
employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.
S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract work,
it is agreed that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Contractor and its subcontractors must provide that
the terms and conditions of this Agreement be incorporated therein.
S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first
receiving the City's written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right at its option to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights,
or responsibilities in any third parties.
S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations
under this Agreement.
S.10 COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses, and pay all charges and fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully informed
of existing and future federal, state, and local laws, ordinances, and regulations that in any
manner affect the fulfillment of this Agreement and must comply with the same at its own
expense. Contractor bears full responsibility for training, safety, and providing necessary
equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon
request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and
other activities used to ensure compliance.
b. Drug -Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
457(b) and 401(a) Plans Manager 9 RFP #16-18
TERMS AND CONDITIONS
in writing by Contractor that they are prohibited from the manufacture, distribution,
dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel,
and will ensure that Contractor personnel do not use or possess illegal drugs while in the course
of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the
City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City
that Contractor and each of its subcontractors will comply with, and are contractually
obligated to comply with, all federal immigration laws and regulations that relate to their
employees (hereinafter "Contractor Immigration Warranty").
ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this
Agreement and will subject Contractor to penalties up to and including termination of this
Agreement at the sole discretion of the City.
iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide
services under this Agreement to ensure that Contractor or its subcontractors are
complying with the Contractor Immigration Warranty. Contractor agrees to assist the City
in regard to any such inspections.
iv) The City may, at its sole discretion, conduct random verification of the employment records
of Contractor and any subcontractor to ensure compliance with the Contractor Immigration
Warranty. Contractor agrees to assist the City in regard to any random verification
performed.
v) Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274A and
274B of the Federal Immigration and Nationality Act.
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against
any employee or applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and represents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding
employment. Contractor and Contractor's personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
S.11 SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes
related to or arising out of Contractor's services under this Agreement, including by way of
illustration but not limitation, federal and state income tax, Social Security tax, unemployment
insurance taxes, and any other taxes or business license fees as required. If any taxing
authority should deem Contractor or Contractor employees an employee of the City, or should
otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility
under this Agreement, Contractor will indemnify the City for any tax liability, interest, and
penalties imposed upon the City.
b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes
and will furnish an exemption certificate upon request.
457(b) and 401(a) Plans Manager 10 RFP #16-18
TERMS AND CONDITIONS
S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due
to the City during the performance of services under the Agreement. Payments to Contractor may
be offset by any delinquent amounts due the City or fees and charges owed to the City.
S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral
presentations, meetings where vendors answer questions, other submissions, correspondence,
and all records made thereof, as well as negotiations or meetings where negotiation strategies are
discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and
286, Florida Statutes.
Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure
until such time that the City provides notice of an intended decision or until 30 days after opening
the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP
and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain
exempt from public disclosure until such time that the City provides notice of an intended decision
concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall
not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all
proposals or replies.
Oral presentations, meetings where vendors answer questions, or meetings convened by City staff
to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in
compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed
meeting. The recoding of, and any records presented at, the exempt meeting shall be available to
the public when the City provides notice of an intended decision or until 30 days after opening
proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant
to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records
presented at the exempt meeting remain exempt from public disclosure until such time that the City
provides notice of an intended decision concerning the reissued RFP or until the City withdraws
the reissued RFP. A recording and any records presented at an exempt meeting shall not be
exempt from public disclosure longer than 12 months after the initial City notice rejecting all
proposals or replies.
In addition to all other contract requirements as provided by law, the contractor executing
this agreement agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call(aamvclearwater.com,
112 S. Osceola Ave., Clearwater, FL 33756.
The contractor's agreement to comDly with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter "public
agency") to perform the service being provided by the contractor hereunder.
b) Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida
Statutes, as may be amended from time to time, or as otherwise provided by law.
c) Ensure that the public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
457(b) and 401(a) Plans Manager 11 RFP #16-18
TERMS AND CONDITIONS
d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public agency
to perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency's
custodian of public records, in a format that is compatible with the information technology
systems of the public agency.
e) A request to inspect or copy public records relating to a public agency's contract for services
must be made directly to the public agency. If the public agency does not possess the
requested records, the public agency shall immediately notify the contractor of the request and
the contractor must provide the records to the public agency or allow the records to be
inspected or copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply with
the public agency's request for records, the public agency shall enforce the contract provisions
in accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records relating to a
public agency's contract for services, the court shall assess and award against the contractor
the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the public
records request within a reasonable time; and
2. At least eight (8) business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the contractor has not
complied with the request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of public
records and to the contractor at the contractor's address listed on its contract with the public
agency or to the contractor's registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be in an electronic format.
A contractor who complies with a public records request within 8 business days after the notice is
sent is not liable for the reasonable costs of enforcement.
S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five
5) years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may
inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the
Agreement. Contractor will permit such inspections and audits during normal business hours and
upon reasonable notice by the City. The audit of records may occur at Contractor's place of
business or at City offices, as determined by the City.
S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City's information, data, or facilities in accordance with the City's current
457(b) and 401(a) Plans Manager 12 RFP #16-18
TERMS AND CONDITIONS
background check policies. Any officer, employee, or agent that fails the background check must
be replaced immediately for any reasonable cause not prohibited by law.
S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or
entity may provide services under this Agreement. If the City objects to any Contractor personnel
for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City,
remove any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a. A party will be in default if that party:
i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership
proceeding, makes an assignment for a creditor, or there is any similar action that affects
Contractor's capability to perform under the Agreement;
ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar
days;
iii) Conducts business in an unethical manner or in an illegal manner; or
iv) Fails to carry out any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with Section 27 of the City's Purchasing and
Procedures Manual.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty
30) day cure period may be extended by mutual agreement of the parties, but no cure period
may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably
calculated to provide notice of the nature and extent of such default. Failure of the non -
defaulting party to provide notice of the default does not waive any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor's intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non -defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess cost
by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance
due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv)
collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys' fees, and
costs.
457(b) and 401(a) Plans Manager 13 RFP #16-18
TERMS AND CONDITIONS
c. The non -defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in
part or in whole upon thirty (30) calendar days' written notice.
S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel
this Agreement after its execution, without penalty or further obligation, if any person significantly
involved in initiating, securing, drafting, or creating the Agreement for the City becomes an
employee or agent of Contractor.
S.22 TERMINATION FOR NON -APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not
have funds to meet its obligations under this Agreement, the City will have the right to terminate
the Agreement without penalty on the last day of the fiscal period for which funds were legally
available. In the event of such termination, the City agrees to provide written notice of its intent to
terminate thirty (30) calendar days prior to the stated termination date.
S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor's properly prepared final
invoice.
S.24 NON -WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services
hereunder, will not release the other party of any of the warranties or other obligations of the
Agreement and will not be deemed a waiver of any such rights or remedies.
S.25 INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims, suits, losses, damages, causes of action, fines orjudgments, including costs,
attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to,
arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor
personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the
obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of any
issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor
or any third party harmless for claims based on this Agreement or use of Contractor -provided
supplies or services.
S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good,
workman -like and professional manner. The City's acceptance of service or materials provided by
Contractor will not relieve Contractor from its obligations under this warranty. If any materials or
457(b) and 401(a) Plans Manager 14 RFP #16-18
TERMS AND CONDITIONS
services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at
no additional charge to the City, will provide materials or redo such services until in accordance
with this Agreement and to the City's reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
S.27 THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City's right to recover against third parties for any loss, destruction, or damage to City
property, and will at the City's request and expense, furnish to the City reasonable assistance and
cooperation, including assistance in the prosecution or defense of suit and the execution of
instruments of assignment in favor of the City in obtaining recovery.
S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver
any specific amount of materials or services or any materials or services at all under this Agreement
and acknowledges and agrees that the materials or services will be requested by the City on an as
needed basis at the sole discretion of the City. Any document referencing quantities or
performance frequencies represent the City's best estimate of current requirements, but will not
bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.
S.29 OWNERSHIP. AD deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or
publicity without obtaining the prior written consent of the City.
S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public
officer or employee within the last two (2) years shall not represent another organization before the
City on any matter for which the officer or employee was directly concerned and personally
participated in during their service or employment or over which they had a substantial or material
administrative discretion.
S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and allowed unless otherwise agreed.
S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss, injury, or destruction will not release
Contractor from any obligation hereunder.
S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action, or pay any settlement ofsuch 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
457(b) and 401(a) Plans Manager 15 RFP #16-18
TERMS AND CONDITIONS
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, Tess reasonable
usage, from the time of installation acceptance through cessation of use, which amount will be
calculated on a useful life not less than five (5) years, plus any additional costs the City may incur
to acquire substitute supplies or services.
S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Department
and/or an authorized representative from the using department. All questions regarding the
contract will be referred to the Purchasing Department for resolution. Supplements may be written
to the contract for the addition or deletion of services.
S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmenfal regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing
agreements with other Florida government agencies, including the Tampa Bay Area Purchasing
Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use
by other municipalities, school districts and government agencies with the approval of Contractor.
Any such usage by other entities must be in accordance with the statutes, codes, ordinances,
charter and/or procurement rules and regulations of the respective government agency.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City's
Purchasing Division.
S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided
by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or
registered mail, receipt will be deemed effective three (3) calendar days after being deposited in
the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective
two (2) calendar days after the sending thereof.
S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The
exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this
Agreement will be Pinellas County, Florida.
S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated in it.
S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
457(b) and 401(a) Plans Manager 16 RFP #16-18
TERMS AND CONDITIONS
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any party
from any liability or obligation arising prior to the date of termination.
457(b) and 401(a) Plans Manager . 17 RFP #16-18
DETAILED SPECIFICATIONS
1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the
Tampa Bay region. It is the third largest city in the region with an estimated population of 110,000
residents. The City of Clearwater is also a major tourist destination — Clearwater Beach has been
rated #1 U.S. Beach by TripAdvisor, "Florida's Best Beach Town 2013" by USA Today, and was
on the "Top Ten List of Best Beaches from Maine to Hawaii". The City of Clearwater is home to
the Philadelphia Phi[lies Spring Training and Clearwater Threshers Minor League Baseball, as well
as hosting several sports tournaments through the year that attract visitors from across the country.
Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter's story
made it all the way to Hollywood in the motion pictures" Dolphin Tale" and "Dolphin Tale 2", both
filmed here in Clearwater.
2. SCOPE OF WORK. The City has engaged the services of independent consultant Montgomery
Retirement Plan Advisors to assess the competitiveness of our 401(a) and 457(b) plan contracts
and to explore alternative plan services and features.
The RFP objective is a single recordkeeper being the most competitive option to manage both
plans. All assets from the current two (2) providers, and future contributions, would transfer to one
1) selected recordkeeper. Transferred assets total approximately $75 Million (see data included),
and any assets that are not currently liquid on a favorable basis will be transferred as they become
available for liquidation in the future.
The City reserves the right to select multiple recordkeeper(s) and/or retain current recordkeeper(s)
in the best interest of both the City and plan participants. RFP responses should be priced based
on being selected as a single plan recordkeeper; also indicating the effect upon proposed pricing
and/or contract terms if your firm is one (1) of two (2) selected (to replace either Nationwide or
ICMA-RC, resulting in the transfer of respective assets).
3. PLAN DATA AND BACKGROUND. The 457 Plan(s) are currently record kept and administered
by ICMA-RC and Nationwide Retirement Solutions. Both service providers offer to participants
several investment options within which the participants control 100% of the investment
decisions/direction of their respective accounts.
The 401 Plan is currently record kept and administered by ICMA-RC. Participants in the 401(a)
manage 100% of the investment decisions/direction themselves, with several options available for
them to direct their respective accounts/investments.
Both ICMA-RC and Nationwide utilize group rather than individual contracts. Nationwide utilizes a
group annuity contract and ICMA-RC utilizes a trust as the custodial vehicle. Provider and account/
contract transfer decisions are made by the Plan Sponsor and not at the participant level.
Key 401(a) Money Purchase Plan Provisions
Eligible employee group: Management employees only
Contributions:
o City Manager: 15% employer 2% employee mandatory
o City Attorney: 15% employer 2% employee mandatory
o Management: 8% employer 0% employee mandatory
457(b) and 401(a) Plans Manager 18 RFP #16-18
DETAILED SPECIFICATIONS
Assets and Participation
The following table summarizes the division of assets and participants among the current providers
and plans.
457(b) (ICMA-RC) 45,935,043 1,591' 686' 390' 1,481 724
457(b) (Nationwide) 20,995,100 1,591' 419 2731 984 519
401(a) (ICMA-RC)
0
8,524,781 501 891 501 375 205
Data is as of 6/30/17 except where indicated below as 9/21/17.
a) Data indicated is as of 9/21/17.
b) Participants are not allowed to make contributions simultaneously to both ICMA-RC &
Nationwide 457(b). These therefore are unique participants (as of 9/22/17 payroll).
c) Contribution data excludes rollover deposits.
Assets in Capital Preservation Accounts
The amount and percentage of assets invested in the capital preservation account
guaranteed/fixed/stable value) with each provider is as follows:
457(b) (ICMA-RC) 13,746,526 29.9%
457(b) (Nationwide) 5,813,612 27.7%
401(a) (ICMA-RC) 1,245,756 14.61%
As of 6/30/17
Terminated Participant Accounts (included in previous totals)
45 (
As of 9/21/17
Additional Plan / Administrative Information
a) Roth: Roth contributions not currently permitted but are under consideration.
b) Loans: Loans are available from the 401(a) Money Purchase plan and both 457(b) contracts.
c) Managed Accounts: Managed Account services are available in all contracts for an additional
account -level fee.
d) Brokerage Accounts: Self-directed brokerage accounts are riot offered to participants and
are not contemplated at this time.
457(b) and 401(a) Plans Manager 19 RFP #16-18
A. 7 (Nationwide) ....: it ..'
Participants 92 Not available 16
As of 9/21/17
Additional Plan / Administrative Information
a) Roth: Roth contributions not currently permitted but are under consideration.
b) Loans: Loans are available from the 401(a) Money Purchase plan and both 457(b) contracts.
c) Managed Accounts: Managed Account services are available in all contracts for an additional
account -level fee.
d) Brokerage Accounts: Self-directed brokerage accounts are riot offered to participants and
are not contemplated at this time.
457(b) and 401(a) Plans Manager 19 RFP #16-18
DETAILED SPECIFICATIONS
e) Retirement Income Features: A "retirement income for life" feature, Retirement Income
Advantage, was recently added to the ICMA-RC investment options. Assets in this product
were $92,709 as of 6/30/2017.
f) Fiduciary services: The City will not need 3(21) or 3(38) fiduciary services for the fund line-
up.
g) Current and future investment funds: Assets in the guaranteed / capital preservation
accounts are provided above. Beyond that data, this RFP does not include information on
current investment funds, as this RFP requests your revenue requirement as a distinct figure
without regard to the use of revenue -generating funds (See Exhibit C, Questions 11 through
18). Upon implementation of the new contract, a new investment menu will be selected in
consultation with the plans' fiduciary investment advisor. Revenue will be contractually
guaranteed to both parties in final contracts and/or service agreements.
Termination Provisions
ICMA-RC
Plan/contract: Contract period is finished. May be terminated at any time upon 120 days'
notice. No deferred sales charges or similar contract discontinuance fees.
Participant -level: Benefit sensitive, book value for ICMA-RC Plus Fund.
Fund -level: Redemption fees may apply on certain mutual funds,
ICMA-RC Plus Fund: 1 -year put from date of notification. Market -to -book ratio on June 30, 2017
was 100.72%.
Nationwide
Plan/contract: May be terminated at any time upon 120 days' notice. No deferred sales
charges or similar contract discontinuance fees.
Participant -level: Benefit sensitive, book value for Nationwide Fixed Fund.
Fund -level: Redemption fees waived upon plan level elimination of investment option.
Nationwide Fixed Fund 5 -year installment payout or lump sum payment with potential Market
Value Adjustment.
This information is a good faith summary based upon data and contracts believed to be reliable.
Neither the City nor Montgomery Retirement Plan Advisors warrants the accuracy of this
information or of the interpretation of provider contracts.
4. INVESTMENT MENU & MAPPING STRATEGY. The final mapping strategy is not yet determined
but is most likely to be re -solicitation of investment elections utilizing the plans' target date fund
series as the default for participants making no investment election.
Plan fund menus will be re-evaluated prior to contract conversion and are expected to have the
following characteristics:
Identical fund menus for the 457(b) and 401(a) plans
Levelized plan fees across all funds
Use of most fee -efficient share class for the selected funds
Use of zero -revenue or low -revenue share classes in most or all cases
Fund revenue (where applicable) credited back at the participant level at least quarterly
Strong ratings from an independent monitor
457(b) and 401(a) Plans Manager 20 RFP #16-18
DETAILED SPECIFICATIONS
Use of a third -party Stable Value Fund. Proprietary guaranteed or stable value accounts that
bear appropriate market-based interest rates may also be considered.
No use of proprietary funds, except to the extent that those funds may be selected based upon
criteria established in the Investment Policy Statement. Proprietary funds may be given
consideration but should not be assumed for pricing purposes.
5. EMPLOYEE EDUCATION MEETINGS.
Initial transition
meetings
Comprehensive series of group meetings
with all eligible employees TBD: 4-6 locations
Ongoing
Employee
meetings
New hire orientation — 2x per month 1 location — Municipal Services Bldg
Quarterly: Education/Enrollment meetings
for existing employees 2 locations
Annual: October Health Fair 1 location — Municipal Services Bldg
ICMA-RC has recently begun to offer
monthly lunch -and -learns by a Certified
Financial Planner (CFP). This is not a
specific requirement for this RFP.
TBD: 4-6 locations
6. MINIMUM REQUIREMENTS. The following must be certified on Exhibit B as threshold eligibility
for consideration of a proposal submitted in response to this RFP:
a. Currently recordkeeping at least $1 Billion of government entity defined contribution (401(a)
and 457(b)) assets from a minimum of 20 distinct government plan sponsors.
b. Full open architecture investment platform.
c. Utilization of group (versus individual) contracts.
d. Establishment of a fixed revenue requirement fee structure, with any potential excess
revenue credited back to the plan through a plan expense reimbursement arrangement.
e. No Deferred Sales Charges or similar contract termination penalties at the plan or
participant level (investment -level market value adjustments, redemption fees, puts, and
installment payouts are not expressly prohibited).
f. Availability and maintenance of appropriate prototype and/or specimen plan documents.
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 $2,000,000 (two
million dollars) per occurrence and $4,000,000 (four million dollars) general aggregate.
457(b) and 401(a) Plans Manager 21 RFP #16-18
DETAILED SPECIFICATIONS
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. Crime and Employee Dishonesty Coverage/Fidelity Bond in the amount of $25,000,000
twenty-five million dollars) to provide reimbursement to an employer for these types of losses.
Third -party fidelity coverage is also required to cover the acts of an employee against an
employer's clients. Provide coverage using ISO form CR 00 01 Employee Dishonesty
Coverage Form or its equivalent and shall include ISO endorsement CR 04 01 Clients' Property
or its equivalent and ISO endorsement CR 20 14 Loss Payable or its equivalent.
d. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate
for the type of business engaged in by the Respondent with minimum limits of $5,000,000 (five
million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive
date of coverage shall be no later than the inception date of claims made coverage, unless the
prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond
the policy year either by a supplemental extended reporting period (SERP) of as great a
duration as available, and with no less coverage and with reinstated aggregate limits, or by
requiring that any new policy provide a retroactive date no later than the inception date of claims
made coverage.
e. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory
Workers' Compensation Insurance coverage in accordance with the laws of the State of
Florida, and Employer's Liability Insurance in the minimum amount of $500,000 (five
hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand
dollars) each employee by disease, and $500,000 (five hundred thousand 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. 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: Purchasing Department, RFP #16-18
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.
457(b) and 401(a) Plans Manager 22 RFP #16-18
DETAILED SPECIFICATIONS
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 anv 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 tor anv contractors'. subcontractors'. representatives' or agents') obligation
to provide the insurance coverage specified.
457(b) and 401(a) Plans Manager 23 RFP #16-18
MILESTONES
1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. October 2018 through
September 2023.
If the commencement of performance is delayed because the City does not execute the contract
on the start date, the City may adjust the start date, end date and milestones to reflect the delayed
execution.
2. EXTENSION. The City reserves the right to extend the term of this contract, provided however,
that the City shall give written notice of its intentions to extend this contract no later than thirty (30)
days prior to the expiration date of the contract.
3. RENEWAL. At the end of the initial term of this contract, the City may initiate a renewal term. 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:
One (1), three (3) year renewal term is possible at the City's option.
4. PRICES. All fees shall be firm for the initial term of five (5) years except where otherwise provided
in the negotiated contract. 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. At the end of the initial term, fees 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 three (3) year renewal term.
457(b) and 401(a) Plans Manager 24 RFP #16-18
RESPONSE ELEMENTS
1. PROPOSAL SUBMISSION - Submit one (1) signed original proposal, seven (7) copies of the
proposal, and one (1) electronic format copy on a disc or thumb drive, in a properly labeled, sealed
container/envelope.
2. PROPOSAL FORMAT AND REQUIREMENTS. The responding Firm's proposal shall be
presented in the tabbed sequence indicated herein. Proposals shall be submitted on 8/5"x11"
paper, printed double -sided, numbered, typewritten, with headings, sections, and sub -sections
identified appropriately.
TITLE PAGE. State the RFP number, title, name of firm, mailing address, telephone number, name
of contact person, email address, and date.
TAB 1 — LETTER OF UNDERSTANDING. State your understanding of work to be accomplished
and make a commitment to perform all work within the required time frames. Also, state the name
of the person who will be authorized to make representations for the Firm, their title, address, phone
and fax number(s) and email address. State that the person signing the letter has been authorized
to bind the Firm.
TAB 2 — EXECUTIVE SUMMARY. Provide an executive summary overviewing the key features
and distinguishing value proposition of your proposal, as it relates to the selection criteria identified
in this RFP.
TAB 3 — FIRM'S QUALIFICATIONS. Submit Exhibit B — Minimum Requirements Certification in
Tab 3.
TAB 4 — REFERENCES. The Firm shall identify (3) references by including the name, title, and
phone number of key customer contact personnel involved with the company. Use Exhibit A —
Reference Information Form to provide this information in Tab 4.
TAB 5 — QUESTIONNAIRE. Use Exhibit C — Questionnaire in Tab 5.
TAB 6 — SCHEDULE. Provide your Firm's estimated schedule for implementation and execution
of the contract. The purpose of the schedule is to detail the actions and responsibilities of the City
and the Firm beginning at contract award through the implementation date.
TAB 7 — ATTACHMENTS. Submit the following items in Tab 7:
a. Sample enrollment packet
b. Sample participant statement
c. Sample sponsor fee disclosure notifications per Question #36
d. Sample participant notifications per Questions #37 and #38
e. Fund list per Question #5
f. Sample revenue requirement/fund revenue sharing credit reporting Question #18i
g. Sample participant retirement income/readiness report/illustration per Question #44
h. Other samples or marketing materials that communicate the Firm's distinctive differences
TAB 8 — OTHER FORMS. The following forms should be completed and signed:
1. Exceptions/Additional Materials/Addenda form
2. Vendor Information form
3. Offer and Acceptance form
4. W-9 Form. Include a current W-9 form (httD://www.irs.gov/pub/irs-Ddf/fw9.odf)
457(b) and 401(a) Plans Manager 25 RFP #16-18
EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA
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:
457(b) and 401(a) Plans Manager 26 RFP #16-18
VENDOR INFORMATION
Company LegalCorporate 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:
457(b) and 401(a) Plans Manager 27 RFP #16-18
VENDOR CERTIFICATION OF OFFER
By signing and submitting this Proposal, the Vendor certifies that:
a) It is under no legal prohibition to contract with the City of Clearwater.
b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as
well as its attachments, and any referenced documents.
c) It has no known, undisclosed conflicts of interest.
d) The prices offered were independently developed without consultation or collusion with any of the other
respondents or potential respondents or any other anti-competitive practices.
e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or
consultant who has or may have had a role in the procurement process for the services and orgoods/materials
covered by this contract.
f) It understands the City of Clearwater may copy all parts of this response, including without limitation any
documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent's offer,
or in response to a public records request under Florida's public records law (F.S. 119) or other applicable
law, subpoena, or other judicial process.
g) Respondent hereby warrants to the City that the respondent and each of its subcontractors ("Subcontractors")
will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations
that relate to their employees.
h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and
not debarred by any Federal or public agency.
i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and
Rules if awarded by the City.
j) It is current in all obligations due to the City.
k) It will accept such terms and conditions in a resulting contract if awarded by the City.
I) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit
binding offers for the goods or services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature:
Printed Name:
Title:
Date:
457(b) and 401(a) Plans Manager 28 RFP #16-18
MAILING LABEL
CUTALONG THE LINEAND AFFIX TO THE FRONT OF YOUR BID CONTAINER
For US Mail
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP #16-18, 457(b) and 401(a) Plans Manager
Due Date: February 15, at 10:00 A.M.
City of Clearwater
Attn: Purchasing
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 #16-18, 457(b) and 401(a) Plans Manager
Due Date: February 15, at 10:00 A.M.
City of Clearwater
Attn: Purchasing
100 S Myrtle Ave 3rd FI
Clearwater FL 33756-5520
For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------- — --- —
457(b) and 401(a) Plans Manager 29 RFP #16-18
Purchasing Office 100 S Myrtle Ave
Clearwater FL 33756-5520
PO Box 4748, 33758-4748
727-562-4633 Tel
v 10/2017
REQUEST FOR PROPOSALS
#16-18
457(b) Deferred Compensation and
401(a) Defined Contribution Retirement Plans Manager
January 10, 2018
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until
10:00 AM, Local Time, February 15, 2018 to provide 457(b) and 401(a) Plans Manager Services.
Brief Description: The City of Clearwater (City) is soliciting proposals from firms qualified to serve
as the City’s retirement plan recordkeeper and service provider for the City’s 457(b) Deferred
Compensation and 401(a) Defined Contribution Plans. The City intends to transfer all liquid assets
to the chosen vendor(s). Independent consultant Montgomery Retirement Plan Advisors has been
hired to assist the City with this process.
Proposals must be in accordance with the provisions, specifications and instructions set forth herein and
will be received by Purchasing 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/bid
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 Sr. Procurement Analyst:
Lori Vogel, CPPB
Sr. Procurement Analyst
Lori.Vogel@myclearwater.com
This Request for Proposals is issued by:
Alyce Benge, CPPO, C.P.M.
Purchasing Manager
Alyce.Benge@myclearwater.com
INSTRUCTIONS
457(b) and 401(a) Plans Manager 2 RFP #16-18
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 Purchasing
Manager listed on Page 1. Questions should be submitted in writing via letter, fax or email.
Questions received less than seven (7) 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 and an email notification sent to those who
register on the City website (when downloading the solicitation 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
i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING:
Date: February 15, 2018
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
Purchasing.
i.5 PROPOSAL FIRM TIME: 90 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 No
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);
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 SUBMIT PROPOSALS TO: Use label at the end of this solicitation package
City of Clearwater
Attn: Purchasing
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.
INSTRUCTIONS
457(b) and 401(a) Plans Manager 3 RFP #16-18
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
Purchasing Office as the official time.
i.9 LOBBYING PROHIBITION. The purpose of this prohibition is to preserve the integrity of the
procurement process. Any communication regarding this solicitation for the purpose of influencing
the process or the award, between any person or affiliates seeking an award from this solicitation
and the City, including but not limited to the City Council, employees, and consultants hired to assist
in the solicitation, is prohibited.
This prohibition is imposed from the time of the first public notice of the solicitation until the City
cancels the solicitation, rejects all responses, awards a contract or otherwise takes action which
ends the solicitation process. This section shall not prohibit public comment at any City Council
meeting, study session or Council committee meeting.
This prohibition shall not apply to vendor-initiated communication with the contact(s) identified in
the solicitation or City-initiated communications for the purposes of conducting the procurement
including but not limited to pre-bid conferences, clarification of responses, presentations if provided
in the solicitation, requests for Best and Final Proposals, contract negotiations, protest/appeal
resolution, or surveying non-responsive vendors.
Violations of this provision shall be reported to the Purchasing Manager. Persons violating this
prohibition may be subject to a warning letter, rejection of their response depending on the nature
of the violation, and/or debarment of the proposer as provided in Clearwater’s Purchasing Policy
and Procedures, Section 27.
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.
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.
INSTRUCTIONS
457(b) and 401(a) Plans Manager 4 RFP #16-18
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.
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:
INSTRUCTIONS
457(b) and 401(a) Plans Manager 5 RFP #16-18
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 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect
in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected
proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests
and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18
(“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy,
the language of the Purchasing Policy controls.
Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before
the bid opening must be filed with the Purchasing Manager no later than five (5) business days
before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within
the earlier of ten (10) business days of the alleged violation of the applicable purchasing ordinance.
The complete protest procedure can be obtained by contacting Purchasing.
ADDRESS PROTESTS TO:
Alyce Benge, CPPO, C.P.M.
Purchasing Manager
100 So Myrtle Ave, 3rd Fl
Clearwater FL 33756-5520
or
PO Box 4748
Clearwater FL 33758-4748
INSTRUCTIONS – EVALUATION
457(b) and 401(a) Plans Manager 6 RFP #16-18
i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of
City employees. The City staff may or may not initiate discussions with proposers for clarification
purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate
discussions with any City employee or official.
i.23 EVALUATION AND AWARD. The City evaluates three (3) categories of information:
responsiveness, responsibility, and 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.
i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored
proposals based on a preliminary evaluation against the evaluation criteria. Only those short-listed
proposers would be invited to give presentations and/or interviews. Upon conclusion of any
presentations/interviews, the City will finalize the scoring against the evaluation criteria.
i.25 PRESENTATIONS/INTERVIEWS. The proposer must provide a formal presentation/interview on-
site at a City location upon request.
INSTRUCTIONS – EVALUATION
457(b) and 401(a) Plans Manager 7 RFP #16-18
i.26 EVALUATION CRITERIA. The criteria that will be evaluated and their relative weights are:
Evaluation Criteria Points
Demonstrated Experience of the Firm 25
Plan-level Administrative Processes and Sponsor Tools & Support
• Efficient plan-level administrative processing including process
outsourcing opportunities, and prompt responses to service and
administrative inquiries
• Advanced administrative support capabilities, including tracking
of eligibility and break-in service
20
Plan Participant Resources
• User-friendly participant website and retirement readiness tools
• Customized education program involving scheduled on-site
participant assistance combined with effective tools that will
improve retirement readiness
20
Fund Structure and Management
• Efficient and timely process for periodic replacement of funds
• Attractive capital preservation account with minimal transfer and
liquidation restrictions
• Extensive technical/compliance support with clear escalation
procedures
• Depth, diversification, and fund availability provided in the open
architecture array of investments, sufficient to enable the plan
sponsor to select and maintain a highly rated fund menu at most
cost-efficient share class
20
Fees and References
• Competitive fees from all revenue elements
• Penalty-free plan-level contract termination and liquidity, without
cause
15
i.27 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. Therefore, proposer should submit their best offer
based on the terms and conditions set forth in this solicitation.
i.28 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.29 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.
INSTRUCTIONS – EVALUATION
457(b) and 401(a) Plans Manager 8 RFP #16-18
i.30 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/bid to view relevant RFP information and notices.
i.31 RFP TIMELINE. Dates are tentative and subject to change.
Release RFP: January 10, 2018
Advertise Tampa Bay Times: January 11, 2018
Responses due: February 15, 2018
Review proposals: February 15 – March 16, 2018
Presentations (if requested): week of April 2, 2018
Award recommendation: April 13, 2018
Council authorization: May, 2018
Contract effective date: October, 2018
TERMS AND CONDITIONS
457(b) and 401(a) Plans Manager 9 RFP #16-18
S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor,
supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city,
Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”.
S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor’s employees, not City employees.
Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system, paid
time off or other rights afforded City employees. Contractor employees will not be regarded as City
employees or agents for any purpose, including the payment of unemployment or workers’
compensation. If any Contractor employees or subcontractors assert a claim for wages or other
employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.
S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract work,
it is agreed that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Contractor and its subcontractors must provide that
the terms and conditions of this Agreement be incorporated therein.
S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first
receiving the City’s written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right at its option to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights,
or responsibilities in any third parties.
S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations
under this Agreement.
S.10 COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses, and pay all charges and fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully informed
of existing and future federal, state, and local laws, ordinances, and regulations that in any
manner affect the fulfillment of this Agreement and must comply with the same at its own
expense. Contractor bears full responsibility for training, safety, and providing necessary
equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon
request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and
other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
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457(b) and 401(a) Plans Manager 10 RFP #16-18
in writing by Contractor that they are prohibited from the manufacture, distribution,
dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel,
and will ensure that Contractor personnel do not use or possess illegal drugs while in the course
of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the
City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
(i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City
that Contractor and each of its subcontractors will comply with, and are contractually
obligated to comply with, all federal immigration laws and regulations that relate to their
employees (hereinafter “Contractor Immigration Warranty”).
(ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this
Agreement and will subject Contractor to penalties up to and including termination of this
Agreement at the sole discretion of the City.
(iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide
services under this Agreement to ensure that Contractor or its subcontractors are
complying with the Contractor Immigration Warranty. Contractor agrees to assist the City
in regard to any such inspections.
(iv) The City may, at its sole discretion, conduct random verification of the employment records
of Contractor and any subcontractor to ensure compliance with the Contractor Immigration
Warranty. Contractor agrees to assist the City in regard to any random verification
performed.
(v) Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274A and
274B of the Federal Immigration and Nationality Act.
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against
any employee or applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and represents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding
employment. Contractor and Contractor’s personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
S.11 SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes
related to or arising out of Contractor’s services under this Agreement, including by way of
illustration but not limitation, federal and state income tax, Social Security tax, unemployment
insurance taxes, and any other taxes or business license fees as required. If any taxing
authority should deem Contractor or Contractor employees an employee of the City, or should
otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility
under this Agreement, Contractor will indemnify the City for any tax liability, interest, and
penalties imposed upon the City.
b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes
and will furnish an exemption certificate upon request.
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S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due
to the City during the performance of services under the Agreement. Payments to Contractor may
be offset by any delinquent amounts due the City or fees and charges owed to the City.
S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral
presentations, meetings where vendors answer questions, other submissions, correspondence,
and all records made thereof, as well as negotiations or meetings where negotiation strategies are
discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and
286, Florida Statutes.
Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure
until such time that the City provides notice of an intended decision or until 30 days after opening
the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP
and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain
exempt from public disclosure until such time that the City provides notice of an intended decision
concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall
not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all
proposals or replies.
Oral presentations, meetings where vendors answer questions, or meetings convened by City staff
to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in
compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed
meeting. The recoding of, and any records presented at, the exempt meeting shall be available to
the public when the City provides notice of an intended decision or until 30 days after opening
proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant
to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records
presented at the exempt meeting remain exempt from public disclosure until such time that the City
provides notice of an intended decision concerning the reissued RFP or until the City withdraws
the reissued RFP. A recording and any records presented at an exempt meeting shall not be
exempt from public disclosure longer than 12 months after the initial City notice rejecting all
proposals or replies.
In addition to all other contract requirements as provided by law, the contractor executing
this agreement agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com,
112 S. Osceola Ave., Clearwater, FL 33756.
The contractor’s agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter “public
agency”) to perform the service being provided by the contractor hereunder.
b) Upon request from the public agency’s custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida
Statutes, as may be amended from time to time, or as otherwise provided by law.
c) Ensure that the public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
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d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public agency
to perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency’s
custodian of public records, in a format that is compatible with the information technology
systems of the public agency.
e) A request to inspect or copy public records relating to a public agency’s contract for services
must be made directly to the public agency. If the public agency does not possess the
requested records, the public agency shall immediately notify the contractor of the request and
the contractor must provide the records to the public agency or allow the records to be
inspected or copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply with
the public agency’s request for records, the public agency shall enforce the contract provisions
in accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records relating to a
public agency’s contract for services, the court shall assess and award against the contractor
the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the public
records request within a reasonable time; and
2. At least eight (8) business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the contractor has not
complied with the request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public
records and to the contractor at the contractor’s address listed on its contract with the public
agency or to the contractor’s registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be in an electronic format.
A contractor who complies with a public records request within 8 business days after the notice is
sent is not liable for the reasonable costs of enforcement.
S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five
(5) years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may
inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the
Agreement. Contractor will permit such inspections and audits during normal business hours and
upon reasonable notice by the City. The audit of records may occur at Contractor’s place of
business or at City offices, as determined by the City.
S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City’s information, data, or facilities in accordance with the City’s current
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background check policies. Any officer, employee, or agent that fails the background check must
be replaced immediately for any reasonable cause not prohibited by law.
S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or
entity may provide services under this Agreement. If the City objects to any Contractor personnel
for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City,
remove any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a. A party will be in default if that party:
(i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership
proceeding, makes an assignment for a creditor, or there is any similar action that affects
Contractor’s capability to perform under the Agreement;
(ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar
days;
(iii) Conducts business in an unethical manner or in an illegal manner; or
(iv) Fails to carry out any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and
Procedures Manual.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty
(30) day cure period may be extended by mutual agreement of the parties, but no cure period
may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably
calculated to provide notice of the nature and extent of such default. Failure of the non-
defaulting party to provide notice of the default does not waive any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor’s intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess cost
by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance
due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv)
collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and
costs.
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c. The non-defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in
part or in whole upon thirty (30) calendar days’ written notice.
S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel
this Agreement after its execution, without penalty or further obligation, if any person significantly
involved in initiating, securing, drafting, or creating the Agreement for the City becomes an
employee or agent of Contractor.
S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not
have funds to meet its obligations under this Agreement, the City will have the right to terminate
the Agreement without penalty on the last day of the fiscal period for which funds were legally
available. In the event of such termination, the City agrees to provide written notice of its intent to
terminate thirty (30) calendar days prior to the stated termination date.
S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor’s properly prepared final
invoice.
S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services
hereunder, will not release the other party of any of the warranties or other obligations of the
Agreement and will not be deemed a waiver of any such rights or remedies.
S.25 INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs,
attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to,
arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor
personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the
obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of any
issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor
or any third party harmless for claims based on this Agreement or use of Contractor-provided
supplies or services.
S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good,
workman-like and professional manner. The City’s acceptance of service or materials provided by
Contractor will not relieve Contractor from its obligations under this warranty. If any materials or
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services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at
no additional charge to the City, will provide materials or redo such services until in accordance
with this Agreement and to the City’s reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City
property, and will at the City’s request and expense, furnish to the City reasonable assistance and
cooperation, including assistance in the prosecution or defense of suit and the execution of
instruments of assignment in favor of the City in obtaining recovery.
S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver
any specific amount of materials or services or any materials or services at all under this Agreement
and acknowledges and agrees that the materials or services will be requested by the City on an as
needed basis at the sole discretion of the City. Any document referencing quantities or
performance frequencies represent the City's best estimate of current requirements, but will not
bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.
S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or
publicity without obtaining the prior written consent of the City.
S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public
officer or employee within the last two (2) years shall not represent another organization before the
City on any matter for which the officer or employee was directly concerned and personally
participated in during their service or employment or over which they had a substantial or material
administrative discretion.
S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and allowed unless otherwise agreed.
S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss, injury, or destruction will not release
Contractor from any obligation hereunder.
S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action, or pay any settlement of such action or claim. Each party agrees
to notify the other promptly of any matters to which this provision may apply and to cooperate with
each other in connection with such defense or settlement. If a preliminary or final judgment is
obtained against the City’s use or operation of the items provided by Contractor hereunder or any
part thereof by reason of any alleged infringement, Contractor will, at its expense and without
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457(b) and 401(a) Plans Manager 16 RFP #16-18
limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the
right to continue to use the item; (c) substitute for the infringing item other item(s) having at least
equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable
usage, from the time of installation acceptance through cessation of use, which amount will be
calculated on a useful life not less than five (5) years, plus any additional costs the City may incur
to acquire substitute supplies or services.
S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Department
and/or an authorized representative from the using department. All questions regarding the
contract will be referred to the Purchasing Department for resolution. Supplements may be written
to the contract for the addition or deletion of services.
S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing
agreements with other Florida government agencies, including the Tampa Bay Area Purchasing
Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use
by other municipalities, school districts and government agencies with the approval of Contractor.
Any such usage by other entities must be in accordance with the statutes, codes, ordinances,
charter and/or procurement rules and regulations of the respective government agency.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City’s
Purchasing Division.
S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided
by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or
registered mail, receipt will be deemed effective three (3) calendar days after being deposited in
the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective
two (2) calendar days after the sending thereof.
S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The
exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this
Agreement will be Pinellas County, Florida.
S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated in it.
S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
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457(b) and 401(a) Plans Manager 17 RFP #16-18
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any party
from any liability or obligation arising prior to the date of termination.
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1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the
Tampa Bay region. It is the third largest city in the region with an estimated population of 110,000
residents. The City of Clearwater is also a major tourist destination – Clearwater Beach has been
rated #1 U.S. Beach by TripAdvisor, “Florida’s Best Beach Town 2013” by USA Today, and was
on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to
the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well
as hosting several sports tournaments through the year that attract visitors from across the country.
Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story
made it all the way to Hollywood in the motion pictures” Dolphin Tale” and “Dolphin Tale 2”, both
filmed here in Clearwater.
2. SCOPE OF WORK. The City has engaged the services of independent consultant Montgomery
Retirement Plan Advisors to assess the competitiveness of our 401(a) and 457(b) plan contracts
and to explore alternative plan services and features.
The RFP objective is a single recordkeeper being the most competitive option to manage both
plans. All assets from the current two (2) providers, and future contributions, would transfer to one
(1) selected recordkeeper. Transferred assets total approximately $75 Million (see data included),
and any assets that are not currently liquid on a favorable basis will be transferred as they become
available for liquidation in the future.
The City reserves the right to select multiple recordkeeper(s) and/or retain current recordkeeper(s)
in the best interest of both the City and plan participants. RFP responses should be priced based
on being selected as a single plan recordkeeper; also indicating the effect upon proposed pricing
and/or contract terms if your firm is one (1) of two (2) selected (to replace either Nationwide or
ICMA-RC, resulting in the transfer of respective assets).
3. PLAN DATA AND BACKGROUND. The 457 Plan(s) are currently record kept and administered
by ICMA-RC and Nationwide Retirement Solutions. Both service providers offer to participants
several investment options within which the participants control 100% of the investment
decisions/direction of their respective accounts.
The 401 Plan is currently record kept and administered by ICMA-RC. Participants in the 401(a)
manage 100% of the investment decisions/direction themselves, with several options available for
them to direct their respective accounts/investments.
Both ICMA-RC and Nationwide utilize group rather than individual contracts. Nationwide utilizes a
group annuity contract and ICMA-RC utilizes a trust as the custodial vehicle. Provider and account/
contract transfer decisions are made by the Plan Sponsor and not at the participant level.
Key 401(a) Money Purchase Plan Provisions
• Eligible employee group: Management employees only
• Contributions:
o City Manager: 15% employer 2% employee mandatory o City Attorney: 15% employer 2% employee mandatory
o Management: 8% employer 0% employee mandatory
DETAILED SPECIFICATIONS
457(b) and 401(a) Plans Manager 19 RFP #16-18
Assets and Participation
The following table summarizes the division of assets and participants among the current providers
and plans.
Plan Plan Assets Eligible1 Participant
Accounts1,2
Actively
Contributing2
Contributions ($1,000)
2016 YTD ‘17
457(b) (ICMA-RC) $45,935,043 1,5911 6861 3901 $1,481 $724
457(b) (Nationwide) $20,995,100 1,5911 419 2731 $984 $519
Total 457(b) $66,930,143 1,5911 1,1051 6632 $2,465 $1.243
401(a) (ICMA-RC) $8,524,781 501 891 501 $375 $205
TOTAL ALL PLANS $75,454,924 n/a 1,1941 713 $2,840 $1,448
Data is as of 6/30/17 except where indicated below as 9/21/17.
a) Data indicated is as of 9/21/17.
b) Participants are not allowed to make contributions simultaneously to both ICMA-RC &
Nationwide 457(b). These therefore are unique participants (as of 9/22/17 payroll).
c) Contribution data excludes rollover deposits.
Assets in Capital Preservation Accounts
The amount and percentage of assets invested in the capital preservation account
(guaranteed/fixed/stable value) with each provider is as follows:
Plan Cap Preservation Assets % of Plan Assets
457(b) (ICMA-RC) $13,746,526 29.9%
457(b) (Nationwide) $5,813,612 27.7%
Total 457(b) $19,560,138 29.2%
401(a) (ICMA-RC) $1,245,756 14.61%
TOTAL ALL PLANS $20,805,894 27.5%
As of 6/30/17
Terminated Participant Accounts (included in previous totals)
457 (ICMA-RC) 457 (Nationwide) 401(a) (ICMA-RC)
Participants 92 Not available 16
As of 9/21/17
Additional Plan / Administrative Information
a) Roth: Roth contributions not currently permitted but are under consideration.
b) Loans: Loans are available from the 401(a) Money Purchase plan and both 457(b) contracts.
c) Managed Accounts: Managed Account services are available in all contracts for an additional
account-level fee.
d) Brokerage Accounts: Self-directed brokerage accounts are not offered to participants and
are not contemplated at this time.
DETAILED SPECIFICATIONS
457(b) and 401(a) Plans Manager 20 RFP #16-18
e) Retirement Income Features: A “retirement income for life” feature, Retirement Income Advantage, was recently added to the ICMA-RC investment options. Assets in this product
were $92,709 as of 6/30/2017.
f) Fiduciary services: The City will not need 3(21) or 3(38) fiduciary services for the fund line-
up.
g) Current and future investment funds: Assets in the guaranteed / capital preservation
accounts are provided above. Beyond that data, this RFP does not include information on
current investment funds, as this RFP requests your revenue requirement as a distinct figure
without regard to the use of revenue-generating funds (See Exhibit C, Questions 11 through
18). Upon implementation of the new contract, a new investment menu will be selected in
consultation with the plans’ fiduciary investment advisor. Revenue will be contractually
guaranteed to both parties in final contracts and/or service agreements.
Termination Provisions
ICMA-RC
Plan/contract: Contract period is finished. May be terminated at any time upon 120 days’
notice. No deferred sales charges or similar contract discontinuance fees.
Participant-level: Benefit sensitive, book value for ICMA-RC Plus Fund.
Fund-level: Redemption fees may apply on certain mutual funds,
ICMA-RC Plus Fund: 1-year put from date of notification. Market-to-book ratio on June 30, 2017
was 100.72%.
Nationwide
Plan/contract: May be terminated at any time upon 120 days’ notice. No deferred sales
charges or similar contract discontinuance fees.
Participant-level: Benefit sensitive, book value for Nationwide Fixed Fund.
Fund-level: Redemption fees waived upon plan level elimination of investment option.
Nationwide Fixed Fund 5-year installment payout or lump sum payment with potential Market
Value Adjustment.
This information is a good faith summary based upon data and contracts believed to be reliable.
Neither the City nor Montgomery Retirement Plan Advisors warrants the accuracy of this
information or of the interpretation of provider contracts.
4. INVESTMENT MENU & MAPPING STRATEGY. The final mapping strategy is not yet determined
but is most likely to be re-solicitation of investment elections utilizing the plans’ target date fund
series as the default for participants making no investment election.
Plan fund menus will be re-evaluated prior to contract conversion and are expected to have the
following characteristics:
• Identical fund menus for the 457(b) and 401(a) plans
• Levelized plan fees across all funds
• Use of most fee-efficient share class for the selected funds
• Use of zero-revenue or low-revenue share classes in most or all cases
• Fund revenue (where applicable) credited back at the participant level at least quarterly
• Strong ratings from an independent monitor
DETAILED SPECIFICATIONS
457(b) and 401(a) Plans Manager 21 RFP #16-18
• Use of a third-party Stable Value Fund. Proprietary guaranteed or stable value accounts that
bear appropriate market-based interest rates may also be considered.
• No use of proprietary funds, except to the extent that those funds may be selected based upon
criteria established in the Investment Policy Statement. Proprietary funds may be given
consideration but should not be assumed for pricing purposes.
5. EMPLOYEE EDUCATION MEETINGS.
Description Locations
Initial transition
meetings
Comprehensive series of group meetings
with all eligible employees TBD: 4-6 locations
Ongoing
Employee
meetings
New hire orientation – 2x per month 1 location – Municipal Services Bldg
Quarterly: Education/Enrollment meetings
for existing employees 2 locations
Annual: October Health Fair 1 location – Municipal Services Bldg
ICMA-RC has recently begun to offer
monthly lunch-and-learns by a Certified
Financial Planner (CFP). This is not a
specific requirement for this RFP.
TBD: 4-6 locations
6. MINIMUM REQUIREMENTS. The following must be certified on Exhibit B as threshold eligibility
for consideration of a proposal submitted in response to this RFP:
a. Currently recordkeeping at least $1 Billion of government entity defined contribution (401(a)
and 457(b)) assets from a minimum of 20 distinct government plan sponsors.
b. Full open architecture investment platform.
c. Utilization of group (versus individual) contracts.
d. Establishment of a fixed revenue requirement fee structure, with any potential excess
revenue credited back to the plan through a plan expense reimbursement arrangement.
e. No Deferred Sales Charges or similar contract termination penalties at the plan or
participant level (investment-level market value adjustments, redemption fees, puts, and
installment payouts are not expressly prohibited).
f. Availability and maintenance of appropriate prototype and/or specimen plan documents.
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 $2,000,000 (two
million dollars) per occurrence and $4,000,000 (four million dollars) general aggregate.
DETAILED SPECIFICATIONS
457(b) and 401(a) Plans Manager 22 RFP #16-18
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. Crime and Employee Dishonesty Coverage/Fidelity Bond in the amount of $25,000,000
(twenty-five million dollars) to provide reimbursement to an employer for these types of losses.
Third-party fidelity coverage is also required to cover the acts of an employee against an
employer’s clients. Provide coverage using ISO form CR 00 01 Employee Dishonesty
Coverage Form or its equivalent and shall include ISO endorsement CR 04 01 Clients’ Property
or its equivalent and ISO endorsement CR 20 14 Loss Payable or its equivalent.
d. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate
for the type of business engaged in by the Respondent with minimum limits of $5,000,000 (five
million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive
date of coverage shall be no later than the inception date of claims made coverage, unless the
prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond
the policy year either by a supplemental extended reporting period (SERP) of as great a
duration as available, and with no less coverage and with reinstated aggregate limits, or by
requiring that any new policy provide a retroactive date no later than the inception date of claims
made coverage.
e. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory
Workers’ Compensation Insurance coverage in accordance with the laws of the State of
Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five
hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand
dollars) each employee by disease, and $500,000 (five hundred thousand 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. 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: Purchasing Department, RFP #16-18
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.
DETAILED SPECIFICATIONS
457(b) and 401(a) Plans Manager 23 RFP #16-18
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
457(b) and 401(a) Plans Manager 24 RFP #16-18
1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. October 2018 through
September 2023.
If the commencement of performance is delayed because the City does not execute the contract
on the start date, the City may adjust the start date, end date and milestones to reflect the delayed
execution.
2. EXTENSION. The City reserves the right to extend the term of this contract, provided however,
that the City shall give written notice of its intentions to extend this contract no later than thirty (30)
days prior to the expiration date of the contract.
3. RENEWAL. At the end of the initial term of this contract, the City may initiate a renewal term. 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:
One (1), three (3) year renewal term is possible at the City’s option.
4. PRICES. All fees shall be firm for the initial term of five (5) years except where otherwise provided
in the negotiated contract. 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. At the end of the initial term, fees 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 three (3) year renewal term.
RESPONSE ELEMENTS
457(b) and 401(a) Plans Manager 25 RFP #16-18
1. PROPOSAL SUBMISSION - Submit one (1) signed original proposal, seven (7) copies of the
proposal, and one (1) electronic format copy on a disc or thumb drive, in a properly labeled, sealed
container/envelope.
2. PROPOSAL FORMAT AND REQUIREMENTS. The responding Firm’s proposal shall be
presented in the tabbed sequence indicated herein. Proposals shall be submitted on 8/5”x11”
paper, printed double-sided, numbered, typewritten, with headings, sections, and sub-sections
identified appropriately.
TITLE PAGE. State the RFP number, title, name of firm, mailing address, telephone number, name
of contact person, email address, and date.
TAB 1 – LETTER OF UNDERSTANDING. State your understanding of work to be accomplished
and make a commitment to perform all work within the required time frames. Also, state the name
of the person who will be authorized to make representations for the Firm, their title, address, phone
and fax number(s) and email address. State that the person signing the letter has been authorized
to bind the Firm.
TAB 2 – EXECUTIVE SUMMARY. Provide an executive summary overviewing the key features
and distinguishing value proposition of your proposal, as it relates to the selection criteria identified
in this RFP.
TAB 3 – FIRM’S QUALIFICATIONS. Submit Exhibit B – Minimum Requirements Certification in
Tab 3.
TAB 4 – REFERENCES. The Firm shall identify (3) references by including the name, title, and
phone number of key customer contact personnel involved with the company. Use Exhibit A –
Reference Information Form to provide this information in Tab 4.
TAB 5 – QUESTIONNAIRE. Use Exhibit C – Questionnaire in Tab 5.
TAB 6 – SCHEDULE. Provide your Firm’s estimated schedule for implementation and execution
of the contract. The purpose of the schedule is to detail the actions and responsibilities of the City
and the Firm beginning at contract award through the implementation date.
TAB 7 – ATTACHMENTS. Submit the following items in Tab 7:
a. Sample enrollment packet
b. Sample participant statement
c. Sample sponsor fee disclosure notifications per Question #36
d. Sample participant notifications per Questions #37 and #38
e. Fund list per Question #5
f. Sample revenue requirement/fund revenue sharing credit reporting Question #18i
g. Sample participant retirement income/readiness report/illustration per Question #44
h. Other samples or marketing materials that communicate the Firm’s distinctive differences
TAB 8 – OTHER FORMS. The following forms should be completed and signed:
1. Exceptions/Additional Materials/Addenda form
2. Vendor Information form
3. Offer and Acceptance form
4. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA
457(b) and 401(a) Plans Manager 26 RFP #16-18
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
457(b) and 401(a) Plans Manager 27 RFP #16-18
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:
VENDOR CERTIFICATION OF OFFER
457(b) and 401(a) Plans Manager 28 RFP #16-18
By signing and submitting this Proposal, the Vendor certifies that:
a) It is under no legal prohibition to contract with the City of Clearwater.
b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as
well as its attachments, and any referenced documents.
c) It has no known, undisclosed conflicts of interest.
d) The prices offered were independently developed without consultation or collusion with any of the other
respondents or potential respondents or any other anti-competitive practices.
e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or
consultant who has or may have had a role in the procurement process for the services and or goods/materials
covered by this contract.
f) It understands the City of Clearwater may copy all parts of this response, including without limitation any
documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer,
or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable
law, subpoena, or other judicial process.
g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”)
will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations
that relate to their employees.
h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and
not debarred by any Federal or public agency.
i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and
Rules if awarded by the City.
j) It is current in all obligations due to the City.
k) It will accept such terms and conditions in a resulting contract if awarded by the City.
l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit
binding offers for the goods or services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature:
Printed Name:
Title:
Date:
MAILING LABEL
CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER
457(b) and 401(a) Plans Manager 29 RFP #16-18
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP #16-18, 457(b) and 401(a) Plans Manager
Due Date: February 15, at 10:00 A.M.
City of Clearwater
Attn: Purchasing
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 #16-18, 457(b) and 401(a) Plans Manager
Due Date: February 15, at 10:00 A.M.
City of Clearwater
Attn: Purchasing
100 S Myrtle Ave 3rd Fl
Clearwater FL 33756-5520
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0348
Agenda Date: 4/15/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Award purchase orders to Quality Sod and Landscape LLC, Sunbelt Sod and Grading Co. and Tom’s Sod
Service, Inc. for citywide sod needs in the cumulative annual amount of $300,000.00 for the initial term
April 19, 2024 through April 18, 2025, with two, one-year renewal options pursuant to Invitation to Bid 19-24
and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Invitation to Bid # 19-24 Sod Material and Installation Services was released on January 12, 2024, and
three submissions were received on February 13, 2024. The Parks & Recreation Department evaluated
each submission and determined that the three noted companies, Quality Sod & Landscape LLC, Sunbelt
Sod & Grading Co. and Tom’s Sod Service, Inc, meet the requirements of the city. This award is proposed
to be made to the noted three vendors to ensure a continuity of supply and flexibility in the ordering of
product and/or services, as may be needed. Therefore, the Parks & Recreation Department is
recommending the award of the contract to the three vendors as follows:
Quality Sod & Landscape LLC
·Primary for Option 1 & Option 2: Types: Tifway 419 Bermuda (pieces), Latitude 36™ Bermuda
(pieces), Celebration Bermuda® (pieces), TifTuf™ Bermuda (pieces), Bahia, Seashore Paspatum, St.
Augustine Citra Blue, St Augustine Floratam, St Augustine Palmetto, St Augustine Seville, St Augustine
Scott’s ProVista, Emerald Zoysia, Empire Zoysia & CitraZoy Zoysia
·Primary for Option 3: Delivery Only: Types: Tifway 419 Bermuda, Latitude 36™ Bermuda, Seashore
Paspatum, St. Augustine Floratam, St. Augustine Seville, St. Augustine Scott's ProVista, Emerald
Zoysia, Empire Zoysia, CitraZoy Zoysia
Sunbelt Sod & Grading Co.
·Primary for Option 1 & Option 2: Types: Celebration Bermuda (Option 1 only, Rolled), TifTuf™
Bermuda (Rolled)
·Primary for Option 3: Delivery Only: Types: Celebration Bermuda®, TifTuf™ Bermuda
Tom’s Sod Service, Inc
·Primary for Option 1 & Option 2: Types: Tifway 419 Bermuda and Latitude 36™ Bermuda (rolled),
Celebration Bermuda® (Option 2 only, rolled)
·Primary for Option 3: Delivery Only: Types: Bahia, St. Augustine Citra Blue, St. Augustine Floratam
Option 1 includes delivery and installation of the sod. Option 2 includes delivery, installation, and removal
of existing grass and vegetation. Option 3 is for delivery only.
This contract will be used for parks and recreational facilities and other city projects as needed.
The Parks & Recreation Department estimates the annual expense of this contract at $250,000 from
Parks & Recreation and $50,000 from city-wide funding with two one-year renewal options. The Parks &
Recreation Department will ensure that all requirements, including any applicable provision of insurance,
Page 1 City of Clearwater Printed on 4/10/2024
File Number: ID#24-0348
will be met.
APPROPRIATION CODE AND AMOUNT:
Funding will come from a variety of general fund cost centers; primarily from projects, parks and athletic
codes, as well as various Capital Improvement Project codes.
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITY:
Approval of the purchase order supports several Strategic Plan Objectives, including:
·1.2: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and
historic features through systematic management efforts;
·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and
national sporting events;
·3.2: Preserve community livability through responsible development standards, proactive code
compliance, and targeted revitalization; and
·4.3: Protect the conservation of urban forests and public green spaces to promote biodiversity and
reduce our carbon footprint.
Page 2 City of Clearwater Printed on 4/10/2024
v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633
INVITATION TO BID #19-24 Sod Material and Installation Services
January 12, 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 13, 2024, to provide Sod Material and Installation Services. Brief Description: The City of Clearwater seeks to establish an as-needed term contract for sod material and installation services. Specific requirements include, but are not limited to sod material, installation, delivery, fertilizer, watering coordination, labor, and warranty.
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
Sod Material and Installation Services 2 ITB #19-24
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 13, 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); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to
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the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO:
It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package.
City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748
No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling
of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All
times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees,
representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment. i.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk.
i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the
preparation and submission of the bid. Bidders are cautioned to verify their bids before submission,
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as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an
authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending
on the exception, the City may reject the bid. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates
will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics.
Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received
by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner
as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the
forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or
otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such
preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the
effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid
the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual
bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or
form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to
a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder
may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document.
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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
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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 12, 2024 Advertise Tampa Bay Times: January 17, 2024 Bids due: February 13, 2024
Review bids: February 13 – 20, 2024 Award recommendation: February 20, 2024 Council authorization: March 2024 Contract begins: March 2024
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S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, supplier, proposer, company, persons”, “purchase order, PO, contract, agreement”,
“City, Clearwater”, “bid, proposal, response, quote”.
S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees.
Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.
S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein.
S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties.
S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor.
S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement.
S.10 COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses, and pay all charges and fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, executive orders, and
regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and
providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any
programs, procedures, and other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will
require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified
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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.
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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
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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
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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.
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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
Sod Material and Installation Services 13 ITB #19-24
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
Sod Material and Installation Services 14 ITB #19-24
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
Sod Material and Installation Services 15 ITB #19-24
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 City seeks to establish as-needed term contract(s) for sod materials and services. Specific requirements include, but are not limited to: sod material, installation, fertilization, watering coordination, labor, delivery, and warranty. Athletic fields are excluded from this contract.
Sod types shall include but are not limited to:
(Cynodon dactylon x C. transvaalensis germplasma) - Tifway 419 Bermuda Sod
(Cynodon dactylon (L.) Pers. xc. transvaalensis Burtt-Davy) - Latitude 36™ Bermuda Sod
(Cynodon dactylon ‘Celebration’) - Celebration Bermuda® Sod
Cynodon dactylon - TifTuf™ Bermuda Sod
(Paspalum notatum ‘Pensacola’) - Bahia Sod
(Paspalum vaginatum) - Seashore Paspalum Sod
(Stenotaphrum secundatum ‘CitraBlue’) - St. Augustine Citra Blue Sod
(Stenotaphrum secundatum ‘floratam’) - St. Augustine Floratam Sod
(Stenotaphrum secundatum ‘Floratine’) - St. Augustine Floratine Sod
(Stenotaphrum secundatum ‘Palmetto’) - St. Augustine Palmetto Sod
(Stenotaphrum secundatum ‘Seville’) –St. Augustine Seville Sod
(Stenotaphrum secundatum ‘ProVista’) –St. Augustine Scott’s ProVista Sod
(Zoysia japonica x Zoysia pacifica ’Emerald’) – Emerald Zoysiagrass
(Zoysia japonica x Zoysia matrella ’Empire’) – Empire Zoysiagrass
(Zoysia matrella x Zoysia japonica ‘CitraZoy’) – CitraZoy Zoysiagrass The estimated project sizes for installation and delivery, measured by square feet (ft²), are indicated on Exhibit A - Bid Pricing Sheet. Unique or unforeseen circumstances that require the use of other sod types will be at the City’s sole discretion and shall be quoted by the awarded Vendor(s) on a case-by-case basis.
2.1 GENERAL REQUIREMENTS.
• Vendor shall supply all services required (material, equipment, labor, transportation) for each sod
order placed by the City.
• The City shall have the ability to conduct field observations to assure quality meets City expectations.
• Upon request by the City, specific varieties of sod shall come with a letter of certification from the grower authenticating the sod being bought is what was requested.
• All sod materials and services shall conform to the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, latest edition, Sections 570, 981 and
982 (restricted). Section 983 shall apply for any optional watering operations.
DETAILED SPECIFICATIONS
Sod Material and Installation Services 16 ITB #19-24
• Sod shall be free of insects and weeds. Sod shall be free of noxious weeds, exotic pest plants, plant parts or seeds as listed in the most current Category I “List of Invasive Species” from the
Florida Exotic Pest Plant Council (FLEPPC). Website: http://www.fleppc.org.
• Certification from the Florida Department of Agriculture and Consumer Services for the types of sod purchased through this contract shall be provided upon request.
• Sod shall be mowed forty-eight hours (48 hrs.) prior to cutting for delivery or installation.
• Sod shall be cut for delivery or installation no more than twenty-four hours (24 hrs.) in advance, unless otherwise approved by the City.
• It is the Vendor’s responsibility to contact 811 "Call Before You Dig" forty-eight hours (48 hrs.) prior to the start of any excavations within the designated work area to ascertain the location of underground utilities.
• The Vendor shall be responsible for maintaining sod material during the installation process, including weed control, to provide a successful end product.
• Project debris shall be removed from site and taken to the appropriate disposal facilities, unless otherwise indicated by the City.
• City of Clearwater roll-off containers shall be used when it is determined that projects require disposal on-site. The City will provide or pay for the roll-off container, if required. Telephone
contact information for the Solid Waste Department is 727-562-4920.
• Any seasonal unavailability or quality issues affecting sod purchases shall be communicated to the City as soon as possible.
• Unprofessional conduct by the Vendor or its employees will not be tolerated and may be grounds for contract termination. Any issues shall be brought to the attention of the City’s representative for resolution. 2.2 DELIVERY OF SOD MATERIAL.
• Sod shall be delivered and off-loaded by the vendor at the site location specified by the City, unless otherwise directed by the City representative. 2.3 SOD MATERIAL SERVICE OPTIONS.
• The City requires three (3) service options. These options may be requested for any sod types
purchased under the resulting contract(s): Option 1: The Vendor shall provide a finish grade to match the existing field grade and provide minimal hand raking of any delivery equipment tire tracks. The Vendor shall provide, install, and
roll new sod to a grade compatible with existing grass and structures. All required watering during the preparation and install phases shall be coordinated with the City as stated herein. Option 2: The Vendor shall remove all existing grass, weeds and vegetation. Upon removal
completion, Vendor shall provide a rough and finish grade within plus or minus (+/-) four inches (4”) of the existing sub grade and provide minimal hand raking of any delivery equipment tire
tracks. The Vendor shall provide, install and roll new sod to a grade compatible with existing grass and other structures. All required watering during the preparation and install phases shall be coordinated with the City as stated herein. Option 3: Deliver and/or pick-up ONLY. Sod shall be delivered on pallets and off-loaded by the vendor at the site location specified by the City. City staff shall also have the ability to pick-up sod
DETAILED SPECIFICATIONS
Sod Material and Installation Services 17 ITB #19-24
from vendor’s facility as needed.
• The “finish grade” for options 1 and 2 is not required to be laser graded, however, if awarded vendor wishes to laser grade, that would be at the vendor’s discretion and no additional cost to the City.
• The Vendor shall be required to install the sod as shown on the landscape drawings, or as directed by the City for each project. Sod installation projects may require a preconstruction
conference to provide a work schedule and may be used to establish milestone payments for the work completed by the Vendor. The Vendor shall assess the scope of service for the project, determine square footage of the work to be completed, and provide a written estimate to the City. There shall be no additional charge to the City for job site inspections, preconstruction meeting
attendance, assessments and/or written estimates.
• The Vendor shall coordinate work with other contractors during sod installation projects, as required.
• The Vendor shall inspect the installation surface prior to delivery and installation of sod.
• The Vendor will be responsible for providing any rollers that may be required to prepare, install,
and complete sod services. All new sod shall be rolled with a ride-on roller to ensure soil to sod root contact eliminating air pockets and creating a smooth level surface.
• Services shall comply with all local and county government ordinances and laws concerning fertilizer nutrients.
• Rolls and pallet sod shall be placed in a manner that ensures the edges remain in close contact
and that gaps are not present between sod pieces.
• The City will provide all required watering using existing irrigation systems. In the event that an irrigation system is unavailable, the watering will be completed using the City’s water truck.
• The Vendor shall be responsible for communicating expected delivery and installation times with the City to ensure the following watering requirements can be coordinated:
Sufficient watering of graded surface before sod installation
Thorough watering of sod immediately after installation
A continued watering schedule, as dictated by sun exposure, soil, heat and rain conditions, to encourage the growth of newly installed sod.
• The Vendor shall be required to confirm the location of irrigation heads with the appropriate contractor prior to beginning sod installation projects and shall cut sod in a manner that allows
irrigation heads to pop up and operate freely. • After initial watering, Vendor shall compact installed sod to a uniform finished grade using a riding roller weighing a minimum of one thousand pounds (1,000 lbs.). The Vendor shall roll the sod once from each perpendicular direction. Sod rolling shall be rolled in two directions, upon completion of first roll the sod areas shall be rolled again (second roll) at different direction ninety degrees (90º) from first rolling.
• In sloped areas, the sod must be placed to prohibit the erosion and undermining of the foundation of adjacent sidewalks. The Vendor will be required to pin each piece of sod in alternating rows
using two (2) eight-inch (8”) wire staples.
DETAILED SPECIFICATIONS
Sod Material and Installation Services 18 ITB #19-24
• Staking will be required on slopes greater than two-to-one (2:1), or in any other areas as requested by the City, in order to prevent sod movement. Vendor shall request approval from the City prior to initiating any sod material installation that requires staking. 2.4 ACCEPTANCE.
• Sod shall be inspected by the City prior to installation at the site or acceptance of delivery.
• Sod shall be removed from the site immediately upon rejection and replaced by the Vendor at no additional cost to the City. Reasons for rejection may include, but are not limited to:
Sod containing more than one percent (1%) of weeds
Sod containing insects
Dead sod
Incorrect type of sod
• Near the completion of a sod installation project, the City and Vendor will conduct a walkthrough
inspection and develop a punch list of any outstanding items. The Vendor must complete the items noted on the punch list within three (3) calendar days of receipt. The Vendor will be required to schedule and conduct a follow-up inspection with the City after any outstanding issues have been resolved.
• Thirty (30) days after installation, representatives of both the City and the Vendor shall visit the site(s) to assess the completed work. A determination of any replacement needs, and additional watering requirements will be made at that time.
• Healthy turf establishment shall be defined as green turf with observed growth and evidence of a developed root structure into the underlying soil.
• The Vendor shall replace any sod that has declined, dried out, and/or failed to develop a root structure into the soil. Sod replacement shall occur within fourteen (14) days of the site
assessment. All replacement materials and services shall be subject to the requirements set forth in this solicitation and must be guaranteed for thirty (30) days from the replacement date.
Replacement sod shall be marked with flags for watering and guarantee purposes. Sod replacement material and associated labor and delivery shall be at no additional cost to the City.
2.5 PAYMENT.
• The all-inclusive square foot (ft²) cost for Option 1 & 2 shall include all sod, fertilization, watering, installation, labor, delivery, equipment, rolling, and materials required for this work and shall be paid on the basis of each square foot (ft²) delivered, installed, and accepted.
• Delivery tickets shall be provided to the City at the time of material delivery or upon installation. Tickets shall include, at a minimum; the type of sod, quantity order, name of who placed the order and delivery location.
• The Vendor shall submit an invoice to the City upon completion of the project. The invoice shall properly reference the purchase contract number, invoice number, itemized costs for the project, the total value of the project and the amount of payment due. No payment will be made in excess of the actual work completed by the Vendor. Large projects involving multiple contractors may
require that sod installation be completed incrementally, with invoices being issued as such.
• The terms of payment shall be by electronic funds transfer (EFT) / automated clearing house (ACH) or Net thirty (30) days and will be subject to acceptance of services. There will be no hand delivery of payment to the Vendor.
DETAILED SPECIFICATIONS
Sod Material and Installation Services 19 ITB #19-24
• Payment for sod shall not be made until a healthy stand of turf has been established, as outlined in this solicitation. 2.6 WARRANTY.
• Sod purchases and installations shall be warranted to meet specifications for a minimum of sixty (60) days after installation of all new and/or replaced sod.
• The Vendor shall not be held responsible for unexpected incidences, such as traffic damage, storm damage, or other acts of nature. 3. MINIMUM QUALIFICATIONS.
• Vendors shall have a minimum of five (5) years’ experience in work of the same or similar nature as outlined in this solicitation. Bidders shall provide a minimum of three (3) project references with their response, see REFERENCES, page 30 of this solicitation.
• Prior to contract award, the selected Vendor will be required to show that they have the necessary facilities, equipment, and ability to perform the specified work in a satisfactory and efficient
manner. Such facilities shall be available for inspection by the City prior to award of the contract, and at any time during the contract term.
• It shall be the responsibility of the Vendor to obtain, at no additional cost to the City, any and all licenses and permits required to complete all contractual requirements. These licenses and permits shall be readily available for review by the City prior to and at any time during the contract term. Copies of such shall be submitted with bid submittal. 4. ORDER INFORMATION / DELIVERY. Upon contacting the awarded vendor for ordering, it is expected that a return call be received by the designated City representative within twenty-four hours (24 hrs.). Delivery shall be made to the location(s) as specified on the order request no later than three (3) business days after receipt of an order, or as mutually negotiated between the City and the Vendor. 5. INTENTION FOR AWARD. Due to the annual weather patterns in Florida, it is the intent of the City to select multiple Vendors with sod farms in different areas to ensure the availability of various sods year-round. In addition, to ensure a continuity of supply, flexibility to order product from an awarded vendor as a secondary source, and tertiary from the open market may be used if needed.
6. 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)
DETAILED SPECIFICATIONS
Sod Material and Installation Services 20 ITB #19-24
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 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 #19-24 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.
BID SUBMISSION
Sod Material and Installation Services 21 ITB #19-24
1. BEGINNING AND END DATE OF INITIAL TERM. March 2024 through 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. 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 are 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 SUBMISSION
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a. 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.
b. 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 – Bid Pricing submitted in Excel format Exceptions/Additional Materials/Addenda form
Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form References form; minimum of three (3) project references Copies of applicable licenses (i.e. Florida Agricultural Product Dealer License)
Warranty information, if applicable
W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
BID PRICING
Sod Material and Installation Services 23 ITB #19-24
Pursuant to all the contract specifications enumerated and described in this solicitation, we agree to furnish Sod Material and Installation Services to the City of Clearwater at the price(s) stated in the Exhibit A – Bid Pricing sheet. Exhibit A – Bid Pricing must be completed by Group and all items within a Group must be bid on in order to be considered; Exhibit A – Bid Pricing shall be submitted in Excel format. The successful bidder(s) will provide these items on an as needed basis. The quantities indicated in Exhibit A - Bid Pricing is given only as estimated project sizes and should not be construed as representing the actual amount to be purchased under this contract. DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges
Delivery and installation requirements, as stated in Detailed Specifications, can be met? (installation shall commence immediately following delivery)
_______ Yes No
Is there a minimum order quantity on Option 3: Delivery and/or pick-up Only on Exhibit A – Bid Pricing?
________Yes No
If yes, please specify
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
Sod Material and Installation Services 24 ITB #19-24
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
Sod Material and Installation Services 25 ITB #19-24
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
Sod Material and Installation Services 26 ITB #19-24
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
Sod Material and Installation Services 27 ITB #19-24
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
Sod Material and Installation Services 28 ITB #19-24
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
Sod Material and Installation Services 30 ITB #19-24
Instructions: Vendors must have at least five (5) years of experience in work of the same or similar nature as outlined in this solicitation. Bidders shall provide a minimum of three (3) project references. Complete and return with bid submittal. Reference letters are highly encouraged and should accompany this form. 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
Sod Material and Installation Services 31 ITB #19-24
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID
Submitted by: Company Name:
Address:
City, State, Zip: ITB #19-24, Sod Material and Installation Services Due Date: February 13, 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 #19-24, Sod Material and Installation Services Due Date: February 13, 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
CITY OF CLEARWATER
ITB # 19-24, Sod Material and Services
DUE DATE: February 13, 2024; 10:00 AM
BID TABULATION
Item #Sod Type Sod Cut
Estimated Project
Size
(Square Feet)
Installation
Option
Quality Sod &
Landscape LLC
Sunbelt Sod
& Grading Co. Tom's Sod
1 Tifway 419 Bermuda Roll 8,000 – 16,000 1 $ - $ - $ 1.15
2 Tifway 419 Bermuda Roll 16,001 – 50,000 1 $ - $ - $ 1.15
3 Tifway 419 Bermuda Roll 50,001 – 100,000 1 $ - $ - $ 1.15
4 Tifway 419 Bermuda Roll 100,001 – 200,000 1 $ - $ - $ 1.10
5 Tifway 419 Bermuda Roll 200,001 – 300,000 1 $ - $ - $ 1.10 6 Tifway 419 Bermuda Roll Over 300,001 1 $ - $ - $ 1.10
$ - $ - $ 1.13
7 Tifway 419 Bermuda Roll 8,000 – 16,000 2 $ - $ - $ 1.45
8 Tifway 419 Bermuda Roll 16,001 – 50,000 2 $ - $ - $ 1.45
9 Tifway 419 Bermuda Roll 50,001 – 100,000 2 $ - $ - $ 1.45
10 Tifway 419 Bermuda Roll 100,001 – 200,000 2 $ - $ - $ 1.40
11 Tifway 419 Bermuda Roll 200,001 – 300,000 2 $ - $ - $ 1.40 12 Tifway 419 Bermuda Roll Over 300,001 2 $ - $ - $ 1.40
$ - $ - $ 1.43
Low Bid
NO BID
Option 2: The Vendor shall remove all existing grass, weeds and vegetation. Upon removal completion, Vendor shall provide a rough and finish grade
within plus or minus (+/-) four inches (4”) of the existing sub grade and provide minimal hand raking of any delivery equipment tire tracks. The Vendor
shall provide, install and roll new sod to a grade compatible with existing grass and other structures. All required watering during the preparation and
install phases shall be coordinated with the City. (see page 16, Section 2.3, of the solicitation document).
Option 1: The Vendor shall provide a finish grade to match the existing field grade and provide minimal hand raking of any delivery equipment tire
tracks. The Vendor shall provide, install, and roll new sod to a grade compatible with existing grass and structures. All required watering during the
preparation and install phases shall be coordinated with the City. (see page 16, Section 2.3, of the solicitation document).
SOD MATERIAL SERVICE OPTONS
Total average bid amount for items 1 - 6 - Rolled:
Total average bid amount for items 7 - 12 - Rolled:
Item #Sod Type Sod Cut
Estimated Project
Size
(Square Feet)
Installation
Option
Quality Sod &
Landscape LLC
Sunbelt Sod
& Grading Co. Tom's Sod
13 Latitude 36™ Bermuda Roll 8,000 – 16,000 1 $ - $ - $ 1.20
14 Latitude 36™ Bermuda Roll 16,001 – 50,000 1 $ - $ - $ 1.20
15 Latitude 36™ Bermuda Roll 50,001 – 100,000 1 $ - $ - $ 1.20
16 Latitude 36™ Bermuda Roll 100,001 – 200,000 1 $ - $ - $ 1.15
17 Latitude 36™ Bermuda Roll 200,001 – 300,000 1 $ - $ - $ 1.15 18 Latitude 36™ Bermuda Roll Over 300,001 1 $ - $ - $ 1.15
$ - -$ 1.18$
19 Latitude 36™ Bermuda Roll 8,000 – 16,000 2 $ - $ - $ 1.50
20 Latitude 36™ Bermuda Roll 16,001 – 50,000 2 $ - $ - $ 1.50
21 Latitude 36™ Bermuda Roll 50,001 – 100,000 2 $ - $ - $ 1.50
22 Latitude 36™ Bermuda Roll 100,001 – 200,000 2 $ - $ - $ 1.45
23 Latitude 36™ Bermuda Roll 200,001 – 300,000 2 $ - $ - $ 1.45 24 Latitude 36™ Bermuda Roll Over 300,001 2 $ - $ - $ 1.45
$ - -$ 1.48$
25 Celebration Bermuda®Roll 8,000 – 16,000 1 $ - $ 1.05 $ 1.15
26 Celebration Bermuda®Roll 16,001 – 50,000 1 $ - $ 1.05 $ 1.15
27 Celebration Bermuda®Roll 50,001 – 100,000 1 $ - $ 1.05 $ 1.15
28 Celebration Bermuda®Roll 100,001 – 200,000 1 $ - $ 0.96 $ 1.10
29 Celebration Bermuda®Roll 200,001 – 300,000 1 $ - $ 0.94 $ 1.10 30 Celebration Bermuda®Roll Over 300,001 1 $ - $ 0.80 $ 1.10
$ - $ 0.98 $ 1.13
31 Celebration Bermuda®Roll 8,000 – 16,000 2 $ - $ 1.55 $ 1.45
32 Celebration Bermuda®Roll 16,001 – 50,000 2 $ - $ 1.55 $ 1.45
33 Celebration Bermuda®Roll 50,001 – 100,000 2 $ - $ 1.46 $ 1.45
34 Celebration Bermuda®Roll 100,001 – 200,000 2 $ - $ 1.44 $ 1.40
35 Celebration Bermuda®Roll 200,001 – 300,000 2 $ - $ 1.42 $ 1.40 36 Celebration Bermuda®Roll Over 300,001 2 $ - $ 1.30 $ 1.40
$ - $ 1.45 $ 1.43
37 TifTuf™ Bermuda Roll 8,000 – 16,000 1 $ - $ 1.04 $ 1.20
38 TifTuf™ Bermuda Roll 16,001 – 50,000 1 $ - $ 1.04 $ 1.20
39 TifTuf™ Bermuda Roll 50,001 – 100,000 1 $ - $ 1.04 $ 1.20
40 TifTuf™ Bermuda Roll 100,001 – 200,000 1 $ - $ 0.95 $ 1.15
41 TifTuf™ Bermuda Roll 200,001 – 300,000 1 $ - $ 0.93 $ 1.15 42 TifTuf™ Bermuda Roll Over 300,001 1 $ - $ 0.79 $ 1.15
$ - $ 0.97 $ 1.18
Total average bid amount for items 25 - 30 - Rolled:
Total average bid amount for items 37 - 42 - Rolled:
Total average bid amount for items 13 - 18 - Rolled:
Total average bid amount for items 18 - 24 - Rolled:
Total average bid amount for items 31 - 36 - Rolled:
Item #Sod Type Sod Cut
Estimated Project
Size
(Square Feet)
Installation
Option
Quality Sod &
Landscape LLC
Sunbelt Sod
& Grading Co. Tom's Sod
43 TifTuf™ Bermuda Roll 8,000 – 16,000 2 $ - $ 1.50 $ 1.50
44 TifTuf™ Bermuda Roll 16,001 – 50,000 2 $ - $ 1.50 $ 1.50
45 TifTuf™ Bermuda Roll 50,001 – 100,000 2 $ - $ 1.45 $ 1.50
46 TifTuf™ Bermuda Roll 100,001 – 200,000 2 $ - $ 1.43 $ 1.45
47 TifTuf™ Bermuda Roll 200,001 – 300,000 2 $ - $ 1.41 $ 1.45
48 TifTuf™ Bermuda Roll Over 300,001 2 $ - $ 1.29 $ 1.45
$ - $ 1.43 $ 1.48
1 Tifway 419 Bermuda Pieces 8,000 – 16,000 1 $ 1.20 $ -
2 Tifway 419 Bermuda Pieces 16,001 – 50,000 1 $ 1.10 $ -
3 Tifway 419 Bermuda Pieces 50,001 – 100,000 1 $ 1.00 $ -
4 Tifway 419 Bermuda Pieces 100,001 – 200,000 1 $ 0.90 $ -
5 Tifway 419 Bermuda Pieces 200,001 – 300,000 1 $ 0.65 $ - 6 Tifway 419 Bermuda Pieces Over 300,001 1 $ 0.60 $ -
$ 0.91 $ - $ -
7 Tifway 419 Bermuda Pieces 8,000 – 16,000 2 $ 1.50 $ -
8 Tifway 419 Bermuda Pieces 16,001 – 50,000 2 $ 1.30 $ -
9 Tifway 419 Bermuda Pieces 50,001 – 100,000 2 $ 1.20 $ -
10 Tifway 419 Bermuda Pieces 100,001 – 200,000 2 $ 1.00 $ -
11 Tifway 419 Bermuda Pieces 200,001 – 300,000 2 $ 0.90 $ - 12 Tifway 419 Bermuda Pieces Over 300,001 2 $ 0.85 $ -
$ 1.13 $ - $ -
13 Latitude 36™ Bermuda Pieces 8,000 – 16,000 1 $ 1.20 $ 1.15
14 Latitude 36™ Bermuda Pieces 16,001 – 50,000 1 $ 1.10 $ 1.15
15 Latitude 36™ Bermuda Pieces 50,001 – 100,000 1 $ 1.00 $ 1.08
16 Latitude 36™ Bermuda Pieces 100,001 – 200,000 1 $ 0.90 $ 1.00
17 Latitude 36™ Bermuda Pieces 200,001 – 300,000 1 $ 0.65 $ 0.98 18 Latitude 36™ Bermuda Pieces Over 300,001 1 $ 0.60 $ 0.88
$ 0.91 1.04$ -$
19 Latitude 36™ Bermuda Pieces 8,000 – 16,000 2 $ 1.50 $ 1.65
20 Latitude 36™ Bermuda Pieces 16,001 – 50,000 2 $ 1.30 $ 1.65
21 Latitude 36™ Bermuda Pieces 50,001 – 100,000 2 $ 1.20 $ 1.58
22 Latitude 36™ Bermuda Pieces 100,001 – 200,000 2 $ 1.00 $ 1.50
23 Latitude 36™ Bermuda Pieces 200,001 – 300,000 2 $ 0.90 $ 1.48 24 Latitude 36™ Bermuda Pieces Over 300,001 2 $ 0.75 $ 1.38
$ 1.11 1.54$ -$
Total average bid amount for items 43 - 48 - Rolled:
Total average bid amount for items 1 - 6 - Pieces:
Total average bid amount for items 7 - 12 - Pieces:
Total average bid amount for items 13 - 18 - Pieces:
Total average bid amount for items 18 - 24 - Pieces:
Item #Sod Type Sod Cut
Estimated Project
Size
(Square Feet)
Installation
Option
Quality Sod &
Landscape LLC
Sunbelt Sod
& Grading Co. Tom's Sod
25 Celebration Bermuda®Pieces 8,000 – 16,000 1 $ 1.05 $ 1.05
26 Celebration Bermuda®Pieces 16,001 – 50,000 1 $ 0.90 $ 1.05
27 Celebration Bermuda®Pieces 50,001 – 100,000 1 $ 0.75 $ 1.05
28 Celebration Bermuda®Pieces 100,001 – 200,000 1 $ 0.65 $ 0.96
29 Celebration Bermuda®Pieces 200,001 – 300,000 1 $ 0.60 $ 0.94 30 Celebration Bermuda®Pieces Over 300,001 1 $ 0.60 $ 0.80
$ 0.76 $ 0.98 $ - 31 Celebration Bermuda®Pieces 8,000 – 16,000 2 $ 1.30 $ 1.55
32 Celebration Bermuda®Pieces 16,001 – 50,000 2 $ 1.15 $ 1.55
33 Celebration Bermuda®Pieces 50,001 – 100,000 2 $ 1.00 $ 1.46
34 Celebration Bermuda®Pieces 100,001 – 200,000 2 $ 0.90 $ 1.44
35 Celebration Bermuda®Pieces 200,001 – 300,000 2 $ 0.90 $ 1.42 36 Celebration Bermuda®Pieces Over 300,001 2 $ 0.80 $ 1.30
$ 1.01 $ 1.45 $ -
37 TifTuf™ Bermuda Pieces 8,000 – 16,000 1 $ 1.20 $ 0.99
38 TifTuf™ Bermuda Pieces 16,001 – 50,000 1 $ 1.10 $ 0.99
39 TifTuf™ Bermuda Pieces 50,001 – 100,000 1 $ 1.00 $ 0.94
40 TifTuf™ Bermuda Pieces 100,001 – 200,000 1 $ 0.90 $ 0.94
41 TifTuf™ Bermuda Pieces 200,001 – 300,000 1 $ 0.65 $ 0.92 42 TifTuf™ Bermuda Pieces Over 300,001 1 $ 0.60 $ 0.80
$ 0.91 $ 0.93 $ - 43 TifTuf™ Bermuda Pieces 8,000 – 16,000 2 $ 1.50 $ 1.49
44 TifTuf™ Bermuda Pieces 16,001 – 50,000 2 $ 1.30 $ 1.49
45 TifTuf™ Bermuda Pieces 50,001 – 100,000 2 $ 1.20 $ 1.44
46 TifTuf™ Bermuda Pieces 100,001 – 200,000 2 $ 1.00 $ 1.44
47 TifTuf™ Bermuda Pieces 200,001 – 300,000 2 $ 0.90 $ 1.42 48 TifTuf™ Bermuda Pieces Over 300,001 2 $ 0.75 $ 1.30
$ 1.11 $ 1.43 $ -
49 Bahia Pieces 500-1,500 1 $ 1.05 $ 0.90 $ 0.95
50 Bahia Pieces 1,501 – 2.500 1 $ 0.90 $ 0.90 $ 0.95
51 Bahia Pieces 2,501 –3,500 1 $ 0.75 $ 0.85 $ 0.95
52 Bahia Pieces 3,501 – 8,000 1 $ 0.65 $ 0.85 $ 0.70
53 Bahia Pieces 8,001– 16,000 1 $ 0.60 $ 0.65 $ 0.70
54 Bahia Pieces 16,001 – 50,000 1 $ 0.50 $ 0.50 $ 0.70
55 Bahia Pieces 50,001 – 100,000 1 $ 0.45 $ 0.50 $ 0.70
56 Bahia Pieces 100,001 – 200,000 1 $ 0.40 $ 0.45 $ 0.65
57 Bahia Pieces 200,001 – 300,000 1 $ 0.35 $ 0.45 $ 0.65 58 Bahia Pieces Over 300,001 1 $ 0.30 $ 0.45 $ 0.65
$ 0.60 $ 0.65 $ 0.76 Total average bid amount for items 49 - 68- Pieces:
Total average bid amount for items 25 - 30 - Pieces:
Total average bid amount for items 31 - 36 - Pieces:
Total average bid amount for items 37 - 42 - Pieces:
Total average bid amount for items 43 - 48 - Pieces:
Item #Sod Type Sod Cut
Estimated Project
Size
(Square Feet)
Installation
Option
Quality Sod &
Landscape LLC
Sunbelt Sod
& Grading Co. Tom's Sod
59 Bahia Pieces 500 -1,500 2 $ 1.35 $ 1.30 $ 1.25
60 Bahia Pieces 1,501 – 2.500 2 $ 1.20 $ 1.30 $ 1.25
61 Bahia Pieces 2,501 –3,500 2 $ 1.05 $ 1.30 $ 1.25
62 Bahia Pieces 3,501 – 8,000 2 $ 0.90 $ 1.20 $ 1.00
63 Bahia Pieces 8,001 – 16,000 2 $ 0.85 $ 1.20 $ 1.00
64 Bahia Pieces 16,001 – 50,000 2 $ 0.75 $ 1.15 $ 1.00
65 Bahia Pieces 50,001 – 100,000 2 $ 0.70 $ 1.15 $ 1.00
66 Bahia Pieces 100,001 – 200,000 2 $ 0.50 $ 1.10 $ 0.95
67 Bahia Pieces 200,001 – 300,000 2 $ 0.45 $ 1.10 $ 0.95
68 Bahia Pieces Over 300,001 2 $ 0.40 $ 1.10 $ 0.95
$ 0.82 $ 1.19 $ 1.06
69 Seashore Paspatum Pieces 500-1,500 1 $ 3.00 $ - $ -
70 Seashore Paspatum Pieces 1,501 – 2.500 1 $ 1.95 $ - $ -
71 Seashore Paspatum Pieces 2,501 –3,500 1 $ 1.75 $ - $ -
72 Seashore Paspatum Pieces 3,501 – 8,000 1 $ 1.65 $ - $ -
73 Seashore Paspatum Pieces 8,001– 16,000 1 $ 1.55 $ - $ -
74 Seashore Paspatum Pieces 16,001 – 50,000 1 $ 1.50 $ - $ -
75 Seashore Paspatum Pieces 50,001 – 100,000 1 $ 1.25 $ - $ -
76 Seashore Paspatum Pieces 100,001 – 200,000 1 $ 1.00 $ - $ -
77 Seashore Paspatum Pieces 200,001 – 300,000 1 $ 0.75 $ - $ -
78 Seashore Paspatum Pieces Over 300,001 1 $ 0.50 $ - $ -
$ 1.49 -$ $ -
79 Seashore Paspatum Pieces 500 -1,500 2 $ 2.25 $ - $ -
80 Seashore Paspatum Pieces 1,501 – 2.500 2 $ 2.20 $ - $ -
81 Seashore Paspatum Pieces 2,501 –3,500 2 $ 2.00 $ - $ -
82 Seashore Paspatum Pieces 3,501 – 8,000 2 $ 1.90 $ - $ -
83 Seashore Paspatum Pieces 8,001 – 16,000 2 $ 1.85 $ - $ -
84 Seashore Paspatum Pieces 16,001 – 50,000 2 $ 1.75 $ - $ -
85 Seashore Paspatum Pieces 50,001 – 100,000 2 $ 1.50 $ - $ -
86 Seashore Paspatum Pieces 100,001 – 200,000 2 $ 1.25 $ - $ -
87 Seashore Paspatum Pieces 200,001 – 300,000 2 $ 1.00 $ - $ -
88 Seashore Paspatum Pieces Over 300,001 2 $ 0.75 $ - $ -
$ 1.65 -$ $ -
Total average bid amount for items 69-78- Pieces:
Total average bid amount for items 59 - 68- Pieces:
Total average bid amount for items 79-88- Pieces:
Item #Sod Type Sod Cut
Estimated Project
Size
(Square Feet)
Installation
Option
Quality Sod &
Landscape LLC
Sunbelt Sod
& Grading Co. Tom's Sod
89 St. Augustine Citra Blue Pieces 500-1,500 1 $ 1.45 $ 1.45 $ 1.15
90 St. Augustine Citra Blue Pieces 1,501 – 2.500 1 $ 1.15 $ 1.45 $ 1.15
91 St. Augustine Citra Blue Pieces 2,501 –3,500 1 $ 1.06 $ 1.45 $ 1.15
92 St. Augustine Citra Blue Pieces 3,501 – 8,000 1 $ 0.95 $ 1.40 $ 0.90
93 St. Augustine Citra Blue Pieces 8,001– 16,000 1 $ 0.80 $ 1.40 $ 0.90
94 St. Augustine Citra Blue Pieces 16,001 – 50,000 1 $ 0.70 $ 1.30 $ 0.90
95 St. Augustine Citra Blue Pieces 50,001 – 100,000 1 $ 0.60 $ 1.20 $ 0.90
96 St. Augustine Citra Blue Pieces 100,001 – 200,000 1 $ 0.55 $ 1.20 $ 0.85
97 St. Augustine Citra Blue Pieces 200,001 – 300,000 1 $ 0.50 $ 1.20 $ 0.85
98 St. Augustine Citra Blue Pieces Over 300,001 1 $ 0.55 $ 1.20 $ 0.85
$ 0.83 $ 1.33 $ 0.96
99 St. Augustine Citra Blue Pieces 500-1,500 2 $ 1.65 $ 1.85 $ 1.45
100 St. Augustine Citra Blue Pieces 1,501 – 2.500 2 $ 1.35 $ 1.85 $ 1.45
101 St. Augustine Citra Blue Pieces 2,501 –3,500 2 $ 1.15 $ 1.85 $ 1.45
102 St. Augustine Citra Blue Pieces 3,501 – 8,000 2 $ 1.10 $ 1.85 $ 1.20
103 St. Augustine Citra Blue Pieces 8,001 – 16,000 2 $ 1.10 $ 1.75 $ 1.20
104 St. Augustine Citra Blue Pieces 16,001 – 50,000 2 $ 1.00 $ 1.75 $ 1.20
105 St. Augustine Citra Blue Pieces 50,001 – 100,000 2 $ 0.85 $ 1.75 $ 1.20
106 St. Augustine Citra Blue Pieces 100,001 – 200,000 2 $ 0.80 $ 1.50 $ 1.15
107 St. Augustine Citra Blue Pieces 200,001 – 300,000 2 $ 0.70 $ 1.50 $ 1.15
108 St. Augustine Citra Blue Pieces Over 300,001 2 $ 0.65 $ 1.50 $ 1.15
$ 1.04 $ 1.72 $ 1.26
109 St. Augustine Floratam Pieces 500-1,500 1 $ 1.30 $ 1.25 $ 1.10
110 St. Augustine Floratam Pieces 1,501 – 2.500 1 $ 1.00 $ 1.25 $ 1.10
111 St. Augustine Floratam Pieces 2,501 –3,500 1 $ 0.90 $ 1.15 $ 1.10
112 St. Augustine Floratam Pieces 3,501 – 8,000 1 $ 0.80 $ 1.15 $ 0.85
113 St. Augustine Floratam Pieces 8,001– 16,000 1 $ 0.70 $ 1.00 $ 0.85
114 St. Augustine Floratam Pieces 16,001 – 50,000 1 $ 0.55 $ 1.00 $ 0.85
115 St. Augustine Floratam Pieces 50,001 – 100,000 1 $ 0.50 $ 1.00 $ 0.85
116 St. Augustine Floratam Pieces 100,001 – 200,000 1 $ 0.45 $ 1.00 $ 0.80
117 St. Augustine Floratam Pieces 200,001 – 300,000 1 $ 0.45 $ 1.00 $ 0.80 118 St. Augustine Floratam Pieces Over 300,001 1 $ 0.45 $ 1.00 $ 0.80
$ 0.71 $ 1.08 $ 0.91
Total average bid amount for items 99-108- Pieces:
Total average bid amount for items 89-98- Pieces:
Total average bid amount for items 109 - 118- Pieces:
Item #Sod Type Sod Cut
Estimated Project
Size
(Square Feet)
Installation
Option
Quality Sod &
Landscape LLC
Sunbelt Sod
& Grading Co. Tom's Sod
119 St. Augustine Floratam Pieces 500-1,500 2 $ 1.50 $ 1.65 $ 1.50
120 St. Augustine Floratam Pieces 1,501 – 2.500 2 $ 1.20 $ 1.65 $ 1.50
121 St. Augustine Floratam Pieces 2,501 –3,500 2 $ 1.00 $ 1.65 $ 1.50
122 St. Augustine Floratam Pieces 3,501 – 8,000 2 $ 0.95 $ 1.45 $ 1.25
123 St. Augustine Floratam Pieces 8,001 – 16,000 2 $ 0.95 $ 1.30 $ 1.25
124 St. Augustine Floratam Pieces 16,001 – 50,000 2 $ 0.85 $ 1.30 $ 1.25
125 St. Augustine Floratam Pieces 50,001 – 100,000 2 $ 0.70 $ 1.20 $ 1.25
126 St. Augustine Floratam Pieces 100,001 – 200,000 2 $ 0.60 $ 1.00 $ 1.20
127 St. Augustine Floratam Pieces 200,001 – 300,000 2 $ 0.55 $ 1.00 $ 1.20
128 St. Augustine Floratam Pieces Over 300,001 2 $ 0.55 $ 1.00 $ 1.20
$ 0.89 $ 1.32 $ 1.31
129 St. Augustine Floratine Pieces 500-1,500 1 $ - $ - $ -
130 St. Augustine Floratine Pieces 1,501 – 2.500 1 $ - $ - $ -
131 St. Augustine Floratine Pieces 2,501 –3,500 1 $ - $ - $ -
132 St. Augustine Floratine Pieces 3,501 – 8,000 1 $ - $ - $ -
133 St. Augustine Floratine Pieces 8,001– 16,000 1 $ - $ - $ -
134 St. Augustine Floratine Pieces 16,001 – 50,000 1 $ - $ - $ -
135 St. Augustine Floratine Pieces 50,001 – 100,000 1 $ - $ - $ -
136 St. Augustine Floratine Pieces 100,001 – 200,000 1 $ - $ - $ -
137 St. Augustine Floratine Pieces 200,001 – 300,000 1 $ - $ - $ -
138 St. Augustine Floratine Pieces Over 300,001 1 $ - $ - $ -
$ - -$ $ -
139 St. Augustine Floratine Pieces 500-1,500 2 $ - $ - $ -
140 St. Augustine Floratine Pieces 1,501 – 2.500 2 $ - $ - $ -
141 St. Augustine Floratine Pieces 2,501 –3,500 2 $ - $ - $ -
142 St. Augustine Floratine Pieces 3,501 – 8,000 2 $ - $ - $ -
143 St. Augustine Floratine Pieces 8,001 – 16,000 2 $ - $ - $ -
144 St. Augustine Floratine Pieces 16,001 – 50,000 2 $ - $ - $ -
145 St. Augustine Floratine Pieces 50,001 – 100,000 2 $ - $ - $ -
146 St. Augustine Floratine Pieces 100,001 – 200,000 2 $ - $ - $ -
147 St. Augustine Floratine Pieces 200,001 – 300,000 2 $ - $ - $ -
148 St. Augustine Floratine Pieces Over 300,001 2 $ - $ - $ -
$ - -$ $ -
Total average bid amount for items 129 - 138- Pieces:
Total average bid amount for items 139 - 148- Pieces:
Total average bid amount for items 119 - 128- Pieces:
Item #Sod Type Sod Cut
Estimated Project
Size
(Square Feet)
Installation
Option
Quality Sod &
Landscape LLC
Sunbelt Sod
& Grading Co. Tom's Sod
149 St. Augustine Palmetto Pieces 500-1,500 1 $ 1.35 $ - $ 1.15
150 St. Augustine Palmetto Pieces 1,501 – 2.500 1 $ 1.05 $ - $ 1.15
151 St. Augustine Palmetto Pieces 2,501 –3,500 1 $ 0.95 $ - $ 1.15
152 St. Augustine Palmetto Pieces 3,501 – 8,000 1 $ 0.85 $ - $ 0.90
153 St. Augustine Palmetto Pieces 8,001– 16,000 1 $ 0.75 $ - $ 0.90
154 St. Augustine Palmetto Pieces 16,001 – 50,000 1 $ 0.60 $ - $ 0.90
155 St. Augustine Palmetto Pieces 50,001 – 100,000 1 $ 0.55 $ - $ 0.90
156 St. Augustine Palmetto Pieces 100,001 – 200,000 1 $ 0.50 $ - $ 0.85
157 St. Augustine Palmetto Pieces 200,001 – 300,000 1 $ 0.50 $ - $ 0.85
158 St. Augustine Palmetto Pieces Over 300,001 1 $ 0.45 $ - $ 0.85
$0.76 -$ $ 0.96
159 St. Augustine Palmetto Pieces 500-1,500 2 $ 1.55 $ - $ 1.45
160 St. Augustine Palmetto Pieces 1,501 – 2.500 2 $ 1.25 $ - $ 1.45
161 St. Augustine Palmetto Pieces 2,501 –3,500 2 $ 1.05 $ - $ 1.45
162 St. Augustine Palmetto Pieces 3,501 – 8,000 2 $ 1.00 $ - $ 1.20
163 St. Augustine Palmetto Pieces 8,001 – 16,000 2 $ 1.00 $ - $ 1.20
164 St. Augustine Palmetto Pieces 16,001 – 50,000 2 $ 0.90 $ - $ 1.20
165 St. Augustine Palmetto Pieces 50,001 – 100,000 2 $ 0.75 $ - $ 1.20
166 St. Augustine Palmetto Pieces 100,001 – 200,000 2 $ 0.65 $ - $ 1.15
167 St. Augustine Palmetto Pieces 200,001 – 300,000 2 $ 0.60 $ - $ 1.15
168 St. Augustine Palmetto Pieces Over 300,001 2 $ 0.60 $ - $ 1.15
$ 0.94 -$ $ 1.26
169 St. Augustine Seville Pieces 500 - 1,500 1 $ 1.35 $ 1.25 $ -
170 St. Augustine Seville Pieces 1,501 – 2.500 1 $ 1.05 $ 1.25 $ -
171 St. Augustine Seville Pieces 2,501 –3,500 1 $ 0.95 $ 1.25 $ -
172 St. Augustine Seville Pieces 3,501 – 8,000 1 $ 0.85 $ 1.25 $ -
173 St. Augustine Seville Pieces 8,001– 16,000 1 $ 0.75 $ 1.15 $ -
174 St. Augustine Seville Pieces 16,001 – 50,000 1 $ 0.60 $ 1.15 $ -
175 St. Augustine Seville Pieces 50,001 – 100,000 1 $ 0.55 $ 1.10 $ -
176 St. Augustine Seville Pieces 100,001 – 200,000 1 $ 0.50 $ 1.10 $ -
177 St. Augustine Seville Pieces 200,001 – 300,000 1 $ 0.50 $ 1.00 $ -
178 St. Augustine Seville Pieces Over 300,001 1 $ 0.45 $ 1.00 $ -
$ 0.76 $ 1.15 $ - Total average bid amount for items 169 - 178- Pieces:
Total average bid amount for items 159 - 168- Pieces:
Total average bid amount for items 149 - 158- Pieces:
Item #Sod Type Sod Cut
Estimated Project
Size
(Square Feet)
Installation
Option
Quality Sod &
Landscape LLC
Sunbelt Sod
& Grading Co. Tom's Sod
179 St. Augustine Seville Pieces 500 -1,500 2 $ 1.55 $ 1.65 $ -
180 St. Augustine Seville Pieces 1,501 – 2.500 2 $ 1.20 $ 1.65 $ -
181 St. Augustine Seville Pieces 2,501 –3,500 2 $ 1.00 $ 1.65 $ -
182 St. Augustine Seville Pieces 3,501 – 8,000 2 $ 1.00 $ 1.65 $ -
183 St. Augustine Seville Pieces 8,001 – 16,000 2 $ 1.00 $ 1.55 $ -
184 St. Augustine Seville Pieces 16,001 – 50,000 2 $ 0.90 $ 1.55 $ -
185 St. Augustine Seville Pieces 50,001 – 100,000 2 $ 0.70 $ 1.40 $ -
186 St. Augustine Seville Pieces 100,001 – 200,000 2 $ 0.60 $ 1.40 $ -
187 St. Augustine Seville Pieces 200,001 – 300,000 2 $ 0.55 $ 1.40 $ -
188 St. Augustine Seville Pieces Over 300,001 2 $ 0.50 $ 1.40 $ -
$ 0.90 $ 1.53 $ -
189 St. Augustine Scott's ProVista Pieces 500 - 1,500 1 $ 1.40 $ 1.25 $ -
190 St. Augustine Scott's ProVista Pieces 1,501 – 2.500 1 $ 1.10 $ 1.25 $ -
191 St. Augustine Scott's ProVista Pieces 2,501 –3,500 1 $ 1.00 $ 1.25 $ -
192 St. Augustine Scott's ProVista Pieces 3,501 – 8,000 1 $ 0.90 $ 1.25 $ -
193 St. Augustine Scott's ProVista Pieces 8,001– 16,000 1 $ 0.80 $ 1.15 $ -
194 St. Augustine Scott's ProVista Pieces 16,001 – 50,000 1 $ 0.65 $ 1.15 $ -
195 St. Augustine Scott's ProVista Pieces 50,001 – 100,000 1 $ 0.60 $ 1.00 $ -
196 St. Augustine Scott's ProVista Pieces 100,001 – 200,000 1 $ 0.55 $ 1.00 $ -
197 St. Augustine Scott's ProVista Pieces 200,001 – 300,000 1 $ 0.50 $ 1.00 $ -
198 St. Augustine Scott's ProVista Pieces Over 300,001 1 $ 0.50 $ 1.00 $ -
$ 0.80 $ 1.13 $ -
199 St. Augustine Scott's ProVista Pieces 500 -1,500 2 $ 1.60 $ 1.65 $ -
200 St. Augustine Scott's ProVista Pieces 1,501 – 2.500 2 $ 1.30 $ 1.65 $ -
201 St. Augustine Scott's ProVista Pieces 2,501 –3,500 2 $ 1.10 $ 1.65 $ -
202 St. Augustine Scott's ProVista Pieces 3,501 – 8,000 2 $ 1.05 $ 1.65 $ -
203 St. Augustine Scott's ProVista Pieces 8,001 – 16,000 2 $ 1.05 $ 1.55 $ -
204 St. Augustine Scott's ProVista Pieces 16,001 – 50,000 2 $ 0.95 $ 1.55 $ -
205 St. Augustine Scott's ProVista Pieces 50,001 – 100,000 2 $ 0.75 $ 1.40 $ -
206 St. Augustine Scott's ProVista Pieces 100,001 – 200,000 2 $ 0.65 $ 1.40 $ -
207 St. Augustine Scott's ProVista Pieces 200,001 – 300,000 2 $ 0.55 $ 1.40 $ -
208 St. Augustine Scott's ProVista Pieces Over 300,001 2 $ 0.55 $ 1.40 $ -
$ 0.96 $ 1.53 $ -
Total average bid amount for items 189 - 198- Pieces:
Total average bid amount for items 179 - 188- Pieces:
Total average bid amount for items 199 - 208- Pieces:
Item #Sod Type Sod Cut
Estimated Project
Size
(Square Feet)
Installation
Option
Quality Sod &
Landscape LLC
Sunbelt Sod
& Grading Co. Tom's Sod
209 Emerald Zoysia Pieces 500 -1,500 1 $ 1.60 $ - $ -
210 Emerald Zoysia Pieces 1,501 – 2.500 1 $ 1.30 $ - $ -
211 Emerald Zoysia Pieces 2,501 –3,500 1 $ 1.20 $ - $ -
212 Emerald Zoysia Pieces 3,501 – 8,000 1 $ 1.10 $ - $ -
213 Emerald Zoysia Pieces 8,001– 16,000 1 $ 1.00 $ - $ -
214 Emerald Zoysia Pieces 16,001 – 50,000 1 $ 0.85 $ - $ -
215 Emerald Zoysia Pieces 50,001 – 100,000 1 $ 0.80 $ - $ -
216 Emerald Zoysia Pieces 100,001 – 200,000 1 $ 0.75 $ - $ -
217 Emerald Zoysia Pieces 200,001 – 300,000 1 $ 0.70 $ - $ -
218 Emerald Zoysia Pieces Over 300,001 1 $ 0.60 $ - $ -
0.99$ -$ $ -
219 Emerald Zoysia Pieces 500 -1,500 2 $ 1.80 $ - $ -
220 Emerald Zoysia Pieces 1,501 – 2.500 2 $ 1.50 $ - $ -
221 Emerald Zoysia Pieces 2,501 –3,500 2 $ 1.30 $ - $ -
222 Emerald Zoysia Pieces 3,501 – 8,000 2 $ 1.25 $ - $ -
223 Emerald Zoysia Pieces 8,001 – 16,000 2 $ 1.25 $ - $ -
224 Emerald Zoysia Pieces 16,001 – 50,000 2 $ 1.15 $ - $ -
225 Emerald Zoysia Pieces 50,001 – 100,000 2 $ 0.95 $ - $ -
226 Emerald Zoysia Pieces 100,001 – 200,000 2 $ 0.85 $ - $ -
227 Emerald Zoysia Pieces 200,001 – 300,000 2 $ 0.75 $ - $ -
228 Emerald Zoysia Pieces Over 300,001 2 $ 0.65 $ - $ -
1.15$ -$ $ -
229 Empire Zoysia Pieces 500 -1,500 1 $ 1.40 $ 1.00 $ 1.40
230 Empire Zoysia Pieces 1,501 – 2.500 1 $ 1.10 $ 1.00 $ 1.40
231 Empire Zoysia Pieces 2,501 –3,500 1 $ 1.00 $ 0.95 $ 1.40
232 Empire Zoysia Pieces 3,501 – 8,000 1 $ 0.90 $ 0.95 $ 1.15
233 Empire Zoysia Pieces 8,001– 16,000 1 $ 0.80 $ 0.95 $ 1.15
234 Empire Zoysia Pieces 16,001 – 50,000 1 $ 0.70 $ 0.90 $ 1.15
235 Empire Zoysia Pieces 50,001 – 100,000 1 $ 0.60 $ 0.90 $ 1.15
236 Empire Zoysia Pieces 100,001 – 200,000 1 $ 0.55 $ 0.90 $ 1.10
237 Empire Zoysia Pieces 200,001 – 300,000 1 $ 0.50 $ 0.90 $ 1.10
238 Empire Zoysia Pieces Over 300,001 1 $ 0.50 $ 0.90 $ 1.10
0.81$ 0.94$ $ 1.21
Total average bid amount for items 209- 218- Pieces:
Total average bid amount for items 229 - 238- Pieces:
Total average bid amount for items 219- 228- Pieces:
Item #Sod Type Sod Cut
Estimated Project
Size
(Square Feet)
Installation
Option
Quality Sod &
Landscape LLC
Sunbelt Sod
& Grading Co. Tom's Sod
239 Empire Zoysia Pieces 500 -1,500 2 $ 1.60 $ 1.40 $ 1.70
240 Empire Zoysia Pieces 1,501 – 2.500 2 $ 1.30 $ 1.30 $ 1.70
241 Empire Zoysia Pieces 2,501 –3,500 2 $ 1.10 $ 1.30 $ 1.70
242 Empire Zoysia Pieces 3,501 – 8,000 2 $ 1.05 $ 1.20 $ 1.45
243 Empire Zoysia Pieces 8,001 – 16,000 2 $ 1.05 $ 1.15 $ 1.45
244 Empire Zoysia Pieces 16,001 – 50,000 2 $ 0.95 $ 1.15 $ 1.45
245 Empire Zoysia Pieces 50,001 – 100,000 2 $ 0.75 $ 1.15 $ 1.45
246 Empire Zoysia Pieces 100,001 – 200,000 2 $ 0.65 $ 1.15 $ 1.40
247 Empire Zoysia Pieces 200,001 – 300,000 2 $ 0.55 $ 1.15 $ 1.40
248 Empire Zoysia Pieces Over 300,001 2 $ 0.55 $ 1.15 $ 1.40
0.96$ 1.21$ $ 1.51
249 CitraZoy Zoysia Pieces 500 -1,500 1 $ 1.50 $ - $ 1.65
250 CitraZoy Zoysia Pieces 1,501 – 2.500 1 $ 1.20 $ - $ 1.65
251 CitraZoy Zoysia Pieces 2,501 –3,500 1 $ 1.10 $ - $ 1.65
252 CitraZoy Zoysia Pieces 3,501 – 8,000 1 $ 1.00 $ - $ 1.40
253 CitraZoy Zoysia Pieces 8,001– 16,000 1 $ 0.90 $ - $ 1.40
254 CitraZoy Zoysia Pieces 16,001 – 50,000 1 $ 0.75 $ - $ 1.40
255 CitraZoy Zoysia Pieces 50,001 – 100,000 1 $ 0.70 $ - $ 1.40
256 CitraZoy Zoysia Pieces 100,001 – 200,000 1 $ 0.65 $ - $ 1.35
257 CitraZoy Zoysia Pieces 200,001 – 300,000 1 $ 0.60 $ - $ 1.35
258 CitraZoy Zoysia Pieces Over 300,001 1 $ 0.60 $ - $ 1.35
0.90$ $ - $ 1.46
259 CitraZoy Zoysia Pieces 500 -1,500 2 $ 1.70 $ - $ 1.95
260 CitraZoy Zoysia Pieces 1,501 – 2.500 2 $ 1.40 $ - $ 1.95
261 CitraZoy Zoysia Pieces 2,501 –3,500 2 $ 1.20 $ - $ 1.95
262 CitraZoy Zoysia Pieces 3,501 – 8,000 2 $ 1.15 $ - $ 1.70
263 CitraZoy Zoysia Pieces 8,001 – 16,000 2 $ 1.15 $ - $ 1.70
264 CitraZoy Zoysia Pieces 16,001 – 50,000 2 $ 1.05 $ - $ 1.70
265 CitraZoy Zoysia Pieces 50,001 – 100,000 2 $ 0.85 $ - $ 1.70
266 CitraZoy Zoysia Pieces 100,001 – 200,000 2 $ 0.75 $ - $ 1.65
267 CitraZoy Zoysia Pieces 200,001 – 300,000 2 $ 0.65 $ - $ 1.65
268 CitraZoy Zoysia Pieces Over 300,001 2 $ 0.65 $ - $ 1.65
1.06$ -$ $ 1.76
Total average bid amount for items 249 - 258- Pieces:
Total average bid amount for items 259 - 268- Pieces:
Total average bid amount for items 239 - 248- Pieces:
OPTION 3: DELIVERY AND/OR PICK-UP ONLY OF SOD MATERIAL (palletized)
Item #Sod Type Sod Cut Estimated
Project Size (Square Feet)
Quality Sod &
Landscape LLC
Sunbelt Sod &
Grading Co. Tom's Sod
269 Tifway 419 Bermuda Pieces 1,000 - 8,000 $ 0.75 $ - $ 0.85
270 Tifway 419 Bermuda Pieces 8,001 - 16,000 $ 0.75 $ - $ 0.85
Average $ 0.75 $ - $ 0.85
271 Latitude 36™ Bermuda Pieces 1,000 - 8,000 $ 0.80 $ - $ 0.90
272 Latitude 36™ Bermuda Pieces 8,001 - 16,000 $ 0.80 $ - $ 0.90
Average $ 0.80 $ - $ 0.90
273 Celebration Bermuda®Pieces 1,000 - 8,000 $ 0.65 $ 0.60 $ 0.85
274 Celebration Bermuda®Pieces 8,001 - 16,000 $ 0.60 $ 0.50 $ 0.85
Average $ 0.63 $ 0.55 $ 0.85
275 TifTuf™ Bermuda Pieces 1,000 - 8,000 $ 1.00 $ 0.59 $ 0.90
276 TifTuf™ Bermuda Pieces 8,001 - 16,000 $ 1.00 $ 0.49 $ 0.90
Average $ 1.00 $ 0.54 $ 0.90
277 Bahia Pieces 400 - 800 $ 0.45 $ 0.50 $ 0.40
278 Bahia Pieces 801 - 8,000 $ 0.45 $ 0.45 $ 0.40
279 Bahia Pieces 8,001 - 16,000 $ 0.35 $ 0.45 $ 0.40
Average $ 0.42 $ 0.47 $ 0.40
280 Seashore Paspatum Pieces 1,000 - 8,000 $ 1.25 $ - $ -
281 Seashore Paspatum Pieces 8,001 - 16,000 $ 1.25 $ - $ -
Average $ 1.25 $ - $ -
282 St. Augustine Citra Blue Pieces 500 - 1,000 $ 0.65 $ 0.75 $ 0.60
283 St. Augustine Citra Blue Pieces 1,000 - 8,000 $ 0.60 $ 0.65 $ 0.60
284 St. Augustine Citra Blue Pieces 8,001 - 16,000 $ 0.60 $ 0.60 $ 0.60
Average $ 0.62 $ 0.67 $ 0.60
285 St. Augustine Floratam Pieces 500 - 1,000 $ 0.55 $ 0.75 $ 0.55
286 St. Augustine Floratam Pieces 1,000 - 8,000 $ 0.50 $ 0.75 $ 0.55
287 St. Augustine Floratam Pieces 8,001 - 16,000 $ 0.50 $ 0.70 $ 0.55
Average $ 0.52 $ 0.73 $ 0.55
288 St. Augustine Floratine Pieces 500 - 1,000 $ - $ - $ -
289 St. Augustine Floratine Pieces 1,000 - 8,000 $ - $ - $ -
290 St. Augustine Floratine Pieces 8,001 - 16,000 $ - $ - $ -
Average $ - $ - $ -
291 St. Augustine Seville Pieces 500 - 1,000 $ 0.60 $ 0.85 $ -
292 St. Augustine Seville Pieces 1,000 - 8,000 $ 0.55 $ 0.85 $ -
293 St. Augustine Seville Pieces 8,001 - 16,000 $ 0.50 $ 0.80 $ -
Sod is to be delivered on pallets and off-loaded as directed by the City. City staff shall have the availibilty to pick-up on an as-needed basis. (see page 16,
Section 2.3, of the solicitation).
Option 3: Low Bid Items
Average $ 0.55 $ 0.83 $ -
294 St. Augustine Scott's ProVista Pieces 500 - 1,000 $ 0.65 $ 0.90 $ -
295 St. Augustine Scott's ProVista Pieces 1,000 - 8,000 $ 0.60 $ 0.90 $ -
296 St. Augustine Scott's ProVista Pieces 8,001 - 16,000 $ 0.55 $ 0.85 $ -
Average $ 0.60 $ 0.88 $ -
297 Emerald Zoysia Pieces 1,000-8,000 $ 1.00 $ - $ -
298 Emerald Zoysia Pieces 8.000-16,000 $ 1.00 $ - $ -
Average $ 1.00 $ - $ -
299 Empire Zoysia Pieces 1,000-8,000 $ 0.85 $ 0.85 $ 0.85
300 Empire Zoysia Pieces 8.000-16,000 $ 0.70 $ 0.85 $ 0.85
Average $ 0.78 $ 0.85 $ 0.85
301 CitraZoy Zoysia Pieces 1,000-8,000 $ 1.10 $ - $ 1.10
302 CitraZoy Zoysia Pieces 8.000-16,000 $ 0.90 $ - $ 1.10
Average $ 1.00 $ - $ 1.10
ADDITIONAL SERVICES
Item #
Estimated
Project Size (Square
Feet)
Estimated
Annual Quantity
(Square Feet)
Quality Sod &
Landscape LLC
Sunbelt Sod
& Grading Co. Tom's Sod
303 8,000 - 16,000 $ 0.25
304 16,001 - 50,000 $ 0.20 305 50,001 - 100,000 $ 0.15
Items with a star ( ) indicates intent to award.
NOTE: Sunbelt Sod & Grading a Small, Minority, Disadvataged Business Enterprise
$0.12 $0.35Staking of Sod $0.12
Total bid for items 303 - 305:
Staking will be required on slopes greater than 2:1, or in any other areas as requested by the City, in order to prevent sod
Staking of Sod
Description
Staking of Sod
$0.35
$0.12 $0.35
1) Quality Sod & Landscape LLc 2) Sunbelt Sod & Grading Co.
18402 US Hwy 41 819 9th St. NE
Spring Hill, FL 34610 Ruskin, FL 33570
352-593-5830 813-641-9855
Certified: SBE, MBE, DBE
3) Tom's Sod Service Inc.
11413 49th St N
Clearwater, FL 33762
727-571-1119
ADVERTISED: TAMPA BAY TIMES 1/17/2024
POSTED:myclearwater.com 01/12/24 - 2/13/24
FOR THE CITY OF CLEARWATER
Due/Opening: February 13, 2024; 10:00 a.m.
INVITATION TO BID No. 19-24
Sod Material and Installation Services
Solicitation Response Listing
March 11, 2024
NOTICE OF INTENT TO AWARD
Parks & Recreation and Procurement recommend award of ITB No. 19-24, Sod Material and Services, the
lowest most responsible bidders, in accordance with the bid specifications in the estimated annual amount
of $300,000.00 for a period of one (1) year, with two (2), one (1) year renewal options.
Quality Sod & Landscape LLC
Primary for Option 1 & Option 2: Types: Tifway 419 Bermuda (pieces), Latitude 36™ Bermuda (pieces),
Celebration Bermuda® (pieces), TifTuf™ Bermuda (pieces), Bahia, Seashore Paspatum, St. Augustine Citra
Blue, St Augustine Floratam, St Augustine Palmetto, St Augustine Seville, St Augustine Scott’s ProVista,
Emerald Zoysia, Empire Zoysia & CitraZoy Zoysia
Primary for Option 3: Delivery Only: Types: Tifway 419 Bermuda, Latitude 36™ Bermuda, Seashore
Paspatum, St. Augustine Floratam, St. Augustine Seville, St. Augustine Scott's ProVista, Emerald Zoysia,
Empire Zoysia, CitraZoy Zoysia
Sunbelt Sod & Grading Co.
Primary for Option 1 & Option 2: Types: Celebration Bermuda (Option 1 only, Rolled), TifTuf™ Bermuda
(Rolled)
Primary for Option 3: Delivery Only: Types: Celebration Bermuda®, TifTuf™ Bermuda
Toms Sod Service, Inc.
Primary for Option 1 & Option 2: Types: Tifway 419 Bermuda and Latitude 36™ Bermuda (rolled),
Celebration Bermuda® (Option 2 only, rolled)
Primary for Option 3: Delivery Only: Types: Bahia, St. Augustine Citra Blue, St. Augustine Floratam
This award is being made to multiple vendors to ensure a continuity of supply. Flexibility to order product
or services from the awarded vendors listed above as a secondary source, or tertiarily from the open market
may be used if needed.
This Award recommendation will be considered by the City Council at the April 15,2024 Work Session (1:30
p.m.) and voted on at the April 18, 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 Kristina Cook, the City’s Procurement Analyst at
(727) 444-8510, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL
33758-4748.
Posted on this date by:
Kristina Cook
Kristina Cook
Procurement Analyst
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0378
Agenda Date: 4/15/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 5.2
SUBJECT/RECOMMENDATION:
Authorize a Guaranteed Maximum Price proposal to Keystone Excavators, Inc. of Oldsmar, Florida, in the
amount of $532,873.50, for pavement milling and resurfacing at six Parks and Recreation facilities,
including Country Hollow Park, Forest Run Park, Glen Oaks Park, Phillip Jones Park, Soule Road Park,
and Woodgate Park, pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk
(CMAR) Services Continuing Contracts and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On September 17, 2020, Council approved the use of 13 firms to serve as Construction Managers at Risk
for Continuing Contracts under RFQ 40-20 and Keystone Excavators, Inc. was selected as one of the
approved firms.
Keystone Excavators, Inc. was selected from the approved CMAR Continuing Contracts List based on
past reliability, professionalism, prevalent on-site supervisory personnel, and their ability to put together a
team of various disciplines to complete this project, as well as their past performances with many other
asphalt and tree preservation sidewalk projects in various City parks. Their ability to deliver quality
services, expedite designated timelines, and communicate clearly with the client makes them the CMAR
to be considered for this project.
This proposal is for the refurbishment and repaving of existing select asphalt areas within the noted City
parks, which includes the widening of driveway aprons, milling and resurfacing of asphalt pavement, and
associated site work. The milling of the existing surface and application of a new asphalt layer will provide
additional years of service for these facilities, while repairing pavement sections which have deteriorated.
The total work will consist of five separate tasks, employed at each park based on need:
1. Milling Existing Asphalt (All six parks)
2. Asphalt Paving (All six parks)
3. Pavement / Parking Lot Striping (All except Phillip Jones Park)
4. Concrete Curb Replacement (Forest Run Park & Woodgate Park)
5. Tree Preservation Sidewalk Installation (Soule Road Park only)
This contract is for a period of 180 days, to begin upon issuance of a notice to proceed.
This item is consistent with the Community Development Code as well as the Comprehensive and
Strategic Plans.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project M2206, Parks & Beautification R&R.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 4/10/2024
File Number: ID#24-0378
STRATEGIC PRIORITY:
Approval of the purchase order supports several Strategic Plan Objectives, including:
·1.2: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and
historic features through systematic management efforts.
·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and
national sporting events.
·3.2: Preserve community livability through responsible development standards, proactive code
compliance, and targeted revitalization.
Page 2 City of Clearwater Printed on 4/10/2024
P&R MILLING & REPAVING PROJECTS 1
City of Clearwater Parks & Recreation
Milling & Repaving Projects
Project Guaranteed Maximum Price: $523,873.50
Country Hollow Park:
Address: 2724 Brattle Ln, Clearwater, FL 33761
Parking Spaces: 6 Standard, 1 Handicap
P&R MILLING & REPAVING PROJECTS 2
P&R MILLING & REPAVING PROJECTS 3
Forest Run Park:
Address: 3450 Landmark Dr, Clearwater, FL 33761
Parking Spaces: 24 Standard, 2 Handicap
P&R MILLING & REPAVING PROJECTS 4
P&R MILLING & REPAVING PROJECTS 5
P&R MILLING & REPAVING PROJECTS 6
P&R MILLING & REPAVING PROJECTS 7
Glen Oaks Park:
Address: 1345 Court St, Clearwater, FL 33756
Parking Spaces: 72 Standard, 5 Handicap, plus grass parking (no disturbance)
P&R MILLING & REPAVING PROJECTS 8
P&R MILLING & REPAVING PROJECTS 9
P&R MILLING & REPAVING PROJECTS 10
P&R MILLING & REPAVING PROJECTS 11
P&R MILLING & REPAVING PROJECTS 12
P&R MILLING & REPAVING PROJECTS 13
Phillip Jones Park:
Address: 1240 Russel St, Clearwater, FL 33755
Parking Spaces: None & no existing striping
P&R MILLING & REPAVING PROJECTS 14
P&R MILLING & REPAVING PROJECTS 15
Soule Road Park:
Address: 2191 Soule Rd, Clearwater, FL 33759
Parking Spaces: 9 Standard, 1 Handicap
P&R MILLING & REPAVING PROJECTS 16
P&R MILLING & REPAVING PROJECTS 17
Woodgate Park:
Address: 2495 Countryside Blvd, Clearwater, FL 33763
Parking Spaces: 9 Standard, 1 Handicap
P&R MILLING & REPAVING PROJECTS 18
P&R MILLING & REPAVING PROJECTS 19
Clearwater Parks - Mill and Pave + Misc. Concrete Work (2024)
Phillip Jones Park 42,887.50$
Glen Oaks Park 135,975.00$
Woodgate Park 48,532.50$
Forest Run Park 54,760.00$
Soule Road - OPT. #2 161,567.50$
Country Hollow Park 38,662.50$
Credits (Mobilizations)(7,500.00)$
TOTAL - Construction 474,885.00$
10% Contingency 47,488.50$
BOND 10,500.00$
GRAND TOTAL 532,873.50$
KEYSTONE EXCAVATORS, INC.
371 Scarlet Blvd
Oldsmar, FL 34677
Phone 813-854-2342
March 19, 2024
TO:
Proposal
RE:
CUC 1225782
FPC22-000140
Fax 813-854-2993
Mr. Craig Wilson Parks Senior Division Manager City of Clearwater
100 S. Myrtle Ave., Suite 120
Clearwater, FL 33756
Clearwater Parks Mill and Pave Parking Lots
City Project No. - TBD
As requested, enclosed is the proposal for asphalt milling and paving for 6 parking lots located at specified clearwater parks for a Guaranteed Maximum Price of $532,873.50.
Scope of Work:
Work includes: 1.Milling Existing Asphalt.2.Asphalt Paving.
3.Pavement Striping.4.Concrete Curb Replacement.5.Tree Preservation Sidewalk Installation.
Cost Detail:
Description Amount
Cost of Work $474,885.00
Subtotal $474,885.00 General Conditions (Bond)$10,500.00
Contingency 10 %
Guaranteed Maximum Price
$47,488.50
$532,873.50
Project Duration shall be _ 180 _ calendar days from the date of the Notice to Proceed.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0390
Agenda Date: 4/15/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 5.3
SUBJECT/RECOMMENDATION:
Authorize a Guaranteed Maximum Price proposal to Certus Builders of Bristol, Florida, for professional
construction services to include the final design and subsequent construction of new structural and surface
improvements at 201 Glenwood Avenue (Crest Lake Park) in the amount of $101,882.51 pursuant to
Request for Qualifications (RFQ) 40-20, Construction Manager at Risk (CMAR) Services Continuing
Contracts and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On September 17, 2020, Council approved the use of 13 firms to serve as Construction Managers at Risk
for Continuing Contracts under RFQ 40-20 and Certus Builders was selected as one of the approved firms.
This proposal is for the construction of an addition to an existing skillion shelter (hardened metal canopy),
lighting, rain gutters, additional concrete paving, and the relocation of fencing at Crest Lake Park
maintenance yard. The project will allow for better storage and increased lifespan of equipment. While the
existing fencing and gates will be reused the canopy extension will necessitate some new fencing and
gates. The project also includes the removal of a limited amount of turf and replacing with concrete to
facilitate the use and storage of equipment, as the grass in this area is being damaged as a result of
equipment being driven in and out of the adjacent storage area.
Certus Builders was selected from the approved CMAR Continuing Contracts List based on past reliability,
professionalism, capability of offering design build services, as well as their past performances with many
other similar projects in various City parks. In addition to the above-mentioned their ability to deliver quality
services in a timely manner and communicate clearly with the client makes them the CMAR to be
considered for this project.
This contract is for a period of 120 days, upon issuance of a notice to proceed.
This item is consistent with the Community Development Code as well as the Comprehensive and
Strategic Plans.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project M2206, Parks and Beautification R&R.
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITY:
Approval of the purchase order supports several Strategic Plan Objectives, including:
·1.2: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and
historic features through systematic management efforts.
·1.3: Adopt responsive levels of service for public facilities and amenities, and identify resources
required to sustain that level of service.
·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and
Page 1 City of Clearwater Printed on 4/10/2024
File Number: ID#24-0390
national sporting events.
·3.2: Preserve community livability through responsible development standards, proactive code
compliance, and targeted revitalization.
Page 2 City of Clearwater Printed on 4/10/2024
Crest Lake Park
Cost Analysis
3/22/2024
Crest lake Park Aluminum Canopy Addition at shop door
Cost Estimate
Qty Price
1 Supply & Install Aluminum Canopy Approx. 20'-6" x 36'-2"1 Ea.51,600.00$ 51,600.00$
2 Excavate, and prep for additional concrete slabs 1 Ea.15,168.00$ 15,168.00$
3 Supply and install gutter and two downspouts at work area 1 EA 975.00$ 975.00$
4 Add 2 exterior grade lights to new canopy on existing canopy light circuit 1 LS 1,650.00$ 1,650.00$
5 Disposal of excavated materials & clean up 1 LS 1,250.00$ 1,250.00$
6 Permitting Submitting 1 LS 500.00$ 500.00$
7 Fence Relocation of gates, add two 12' sections 1 LS 5,383.12$ 5,383.12$
8 Install/remove Temp Fence Labor 1 LS 560.00$ 560.00$
9 At risk management fee 7,114.30$
10 General Conditions 8,420.04$
11 Owners Contingency 10%9,262.05$
TOTAL 101,882.51$
Total 101,883$
BID CLARIFICATIONS TO PROPOSAL
Price based on using existing thickened concrete slab for south side columns anchoring
Permitting of Canopy and foundations only, no site plan or survey included
Permit Fees not included
Deposit Required for canopy ordering
Temp Fence supplied by Parks & Recreation
No silt fencing or tree barricading is included or anticipated
Proposal
3/25/2024
TO: Craig Wilson, Parks Senior Division Manager
City of Clearwater Parks & Recreation
100 S. Myrtle Ave.
Clearwater, FL 33756
RE: CREST LAKE PARK ALUMINUM CANOPY ADDITION
As requested, enclosed is the proposal for construction of the Crest Lake Park Aluminum Canopy
Addition submitted in accordance with site meetings and sketches provided by the city and
attached line item work, etc., for a Guaranteed Maximum Price of $101,882.51.
Scope of Work:
Addition of new 20’6” x 36’2” aluminum canopy east side of existing maintenance building at
Crest Lake Park per attached summary and clarifications dated 3/22/2024:
Cost Detail:
Description Amount
Cot of Work $77,086.12
Subtotal $77,086.12
General Conditions $8,420.04
Construction Management Fee $7,114.30
Contingency 10% $9,262.05
Guaranteed Maximum Price $101,882.51
Project Duration shall be 120 calendar days from the date of the Notice to Proceed.
Existing Contract: This proposal is submitted in conjunction with the existing Construction
Manager at Risk Services Continuing Contract entered into with the City of Clearwater on
September 23, 2020, based on RFQ #40-20.
Tel: 850.558.5693
PO Box 116
Bristol, FL 32321
www.certusbuilders.com
If GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the
contractor shall provide to the public entity a certified copy of the recorded bond. Once the City
receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the
attached bond form as well as the Power of Attorney.
For work performed, invoices shall be submitted to the City of Clearwater, Parks & Recreation
Department, Attn: Craig Wilson, Parks Senior Division Manager, P.O. Box 4748, Clearwater,
Florida, 33758-4748. Contingency services may be billed only after written authorization is
provided by the City to proceed with those services.
CERTUS BUILDERS, INC.
By: _________________________________
Sharon A Sumner
President
_____________________________________
Date
CITY OF CLEARWATER, FLORIDA
Approved as to form: Attest:
____________________________ By: _______________________________
Melissa Isabel Rosemarie Call
Senior Assistant City Attorney City Clerk
Countersigned:
____________________________ ___________________________________
Bruce Rector Jennifer Poirrier
Mayor City Manager
____________________________ ___________________________________
Date Date
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ANX2023-11012
Agenda Date: 4/15/2024 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 6.1
SUBJECT/RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning
Atlas designation of Low Medium Density Residential (LMDR) District for 1485 Grove Circle Court, and
pass Ordinances 9733-24, 9734-24, and 9735-24 on first reading. (ANX2023-11012)
SUMMARY:
This voluntary annexation petition involves a 0.233-acre property consisting of one parcel of land occupied
by a detached dwelling. The property is located on the south side of Grove Circle Court approximately 210
feet west of North Highland Avenue. The applicant is requesting annexation in order to receive sanitary
sewer and solid waste service from the city. The property is contiguous to city boundaries on all sides and
would result in the elimination of an enclave. It is proposed that the property be assigned a Future Land
Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density
Residential (LMDR).
The Planning and Development Department determined that the proposed annexation is consistent with
the provisions of Community Development Code Section 4-604.E as follows:
·The property currently receives water service from the city. The closest sanitary sewer line is located
within the adjacent Grove Circle Court right-of-way. The applicant is aware that the required sanitary sewer
impact and assessment fees must be paid in full prior to connection and of the additional costs to extend
to the city’s sanitary sewer system. Collection of solid waste will be provided by the City of Clearwater.
The property is located within Police District II and service will be administered through the district
headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this
property by Station #51 located at 1712 Overbrook Avenue. The city has adequate capacity to serve this
property with sanitary sewer, solid waste, police, and fire and EMS service. The proposed annexation will
not have an adverse effect on public services and their levels of service; and
·The proposed annexation is consistent with and promotes the following objective and policies of
Clearwater 2045, the city’s Comprehensive Plan:
Objective PI 9.1 Continue to work with Pinellas County in the orderly annexation of the city’s existing
enclaves.
Policy PI 9.1.2 Continue to process voluntary annexations for single-family residential properties upon
request.
Policy PI 9.1.4 Promote voluntary annexation through the implementation of a strategic annexation
program focused on eliminating enclaves and other unincorporated areas within the Clearwater Planning
Area.
·The proposed Residential Low (RL) Future Land Use Map category is consistent with the Countywide
Plan designation of the property. This proposed RL category primarily permits residential uses at a density
Page 1 City of Clearwater Printed on 4/10/2024
File Number: ANX2023-11012
of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density
Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the
district and the property exceeds the district’s minimum dimensional requirements. The proposed
annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and
Community Development Code; and
·The property proposed for annexation is contiguous to existing city boundaries on all sides; therefore,
the annexation is consistent with Florida Statutes Chapter 171.044.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
STRATEGIC PRIORITY:
This voluntary annexation petition supports the Deliver Effective and Efficient Services by Optimizing City
Assets and Resources goal of the city’s Strategic Plan by reducing enclaves and delivering city services to
properties within the city’s service boundary. This petition also supports Ensure Exceptional Communities
and Neighborhoods Where Everyone Can Thrive goal by better unifying neighborhoods and reducing issues
with multiple jurisdictions.
Page 2 City of Clearwater Printed on 4/10/2024
Ordinance No. 9733-24
ORDINANCE NO. 9733-24
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF GROVE CIRCLE
COURT APPROXIMATELY 210 FEET WEST OF NORTH
HIGHLAND AVENUE, WHOSE POST OFFICE ADDRESS IS
1485 GROVE CIRCLE COURT, CLEARWATER, FL 33755,
INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit “A” has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
LOT 14, GROVE CIRCLE SUBDIVISION, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 43, PAGE(S) 29, OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA.
(ANX2023-11012)
The map attached as Exhibit “A” is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Community Development Coordinator
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida,
within 7 days after adoption, and shall file a certified copy with the Florida Department of
State within 30 days after adoption.
Ordinance No. 9733-24
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Bruce Rector
Mayor
Approved as to form:
Matthew J. Mytych, Esq.
Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC
City Clerk
Exhibit “A”
PROPOSED ANNEXATION
Owner(s): Phuoc Cao Thanh Nguyen Case: ANX2023-11012
Site: 1485 Grove Circle Court
Property
Size(Acres):
ROW (Acres):
0.233
Land Use Zoning PIN: 02-29-15-33750-000-0140
From: Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 261A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
Ordinance No. 9734-24
ORDINANCE NO. 9734-24
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN OF THE CITY, TO
DESIGNATE THE LAND USE FOR CERTAIN REAL
PROPERTY LOCATED ON THE SOUTH SIDE OF GROVE
CIRCLE COURT APPROXIMATELY 210 FEET WEST OF
NORTH HIGHLAND AVENUE, WHOSE POST OFFICE
ADDRESS IS 1485 GROVE CIRCLE COURT,
CLEARWATER, FLORIDA 33755, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW
(RL); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the Future Land Use Element of the
Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's Comprehensive Plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Future Land Use Element of the Comprehensive Plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
LOT 14, GROVE CIRCLE SUBDIVISION,
ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 43, PAGE(S)
29, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
Residential Low (RL)
(ANX2023-11012)
The map attached as Exhibit “A” is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City’s Comprehensive Plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 9733-24.
Ordinance No. 9734-24
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Bruce Rector
Mayor
Approved as to form:
Matthew J. Mytych, Esq.
Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC
City Clerk
Exhibit “A”
PROPOSED FUTURE LAND USE MAP
Owner(s): Phuoc Cao Thanh Nguyen Case: ANX2023-11012
Site: 1485 Grove Circle Court
Property
Size(Acres):
ROW (Acres):
0.233
Land Use Zoning PIN: 02-29-15-33750-000-0140
From: Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 261A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
Ordinance No. 9735--24
ORDINANCE NO. 9735-24
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTH SIDE OF GROVE CIRCLE COURT
APPROXIMATELY 210 FEET WEST OF NORTH HIGHLAND
AVENUE, WHOSE POST OFFICE ADDRESS IS 1485
GROVE CIRCLE COURT, CLEARWATER, FLORIDA 33755,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's
Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning
Atlas of the City is amended, as follows:
The map attached as Exhibit “A” is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 9733-24.
Property Zoning District
LOT 14, GROVE CIRCLE SUBDIVISION,
ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 43, PAGE(S)
29, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
Low Medium Density Residential
(LMDR)
(ANX2023-11012)
Ordinance No. 9735--24
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Bruce Rector
Mayor
Approved as to form:
Matthew J. Mytych, Esq.
Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC
City Clerk
Exhibit “A”
PROPOSED ZONING MAP
Owner(s): Phuoc Cao Thanh Nguyen Case: ANX2023-11012
Site: 1485 Grove Circle Court
Property
Size(Acres):
ROW (Acres):
0.233
Land Use Zoning PIN: 02-29-15-33750-000-0140
From: Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 261A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
LOCATION MAP
Owner(s): Phuoc Cao Thanh Nguyen Case: ANX2023-11012
Site: 1485 Grove Circle Court
Property
Size(Acres):
ROW (Acres):
0.233
Land Use Zoning PIN: 02-29-15-33750-000-0140
From: Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 261A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
AERIAL PHOTOGRAPH
Owner(s): Phuoc Cao Thanh Nguyen Case: ANX2023-11012
Site: 1485 Grove Circle Court
Property
Size(Acres):
ROW (Acres):
0.233
Land Use Zoning PIN: 02-29-15-33750-000-0140
From: Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 261A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
EXISTING SURROUNDING USES MAP
Owner(s): Phuoc Cao Thanh Nguyen Case: ANX2023-11012
Site: 1485 Grove Circle Court
Property
Size(Acres):
ROW (Acres):
0.233
Land Use Zoning PIN: 02-29-15-33750-000-0140
From: Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 261A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
Detached Dwellings
Detached Dwellings
Detached Dwellings
Places of Worship
ANX2023-11012
Phuoc Nguyen
1485 Grove Circle Court
View looking south at subject property 1485 Grove Circle
Court
East of the subject property
Across the street, to the north of the subject property
View looking easterly along Grove Circle Court View looking westerly along Grove Circle Court
West of the subject property
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ANX2023-11013
Agenda Date: 4/15/2024 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 6.2
SUBJECT/RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning
Atlas designation of Low Medium Density Residential (LMDR) District for 3076 Grand View Avenue, and
pass Ordinances 9736-24, 9737-24, and 9738-24 on first reading. (ANX2023-11013)
SUMMARY:
This voluntary annexation petition involves a 0.172-acre property consisting of one parcel of land occupied
by a detached dwelling. The property is located on the northwest corner of Grand View Avenue and North
McMullen Booth Road. The applicant is requesting annexation in order to receive sanitary sewer and solid
waste service from the city. The property is contiguous to city boundaries to the east, west, and south. It
is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and
a Zoning Atlas designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed annexation is consistent with
the provisions of Community Development Code Section 4-604.E as follows:
·The property currently receives water service from the city. The closest sanitary sewer line is located
within the adjacent Grand View Avenue right-of-way. The applicant has paid the required sanitary sewer
impact and assessment fees in full and has been connected to the city’s sanitary sewer system.
Collection of solid waste will be provided by the City of Clearwater. The property is located within Police
District III and service will be administered through the district headquarters located at 2851 North
McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station
#49 located at 565 Sky Harbor Drive. The city has adequate capacity to serve this property with sanitary
sewer, solid waste, police, and fire and EMS service. The proposed annexation will not have an adverse
effect on public services and their levels of service; and
·The proposed annexation is consistent with and promotes the following objective and policy of
Clearwater 2045, the city’s Comprehensive Plan:
Objective PI 9.1 Continue to work with Pinellas County in the orderly annexation of the city’s existing
enclaves.
Policy PI 9.1.2 Continue to process voluntary annexations for single-family residential properties upon
request.
·The proposed Residential Low (RL) Future Land Use Map category is consistent with the Countywide
Plan designation of the property. This proposed RL category primarily permits residential uses at a density
of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density
Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the
district and the property exceeds the district’s minimum dimensional requirements. The proposed
annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and
Community Development Code; and
Page 1 City of Clearwater Printed on 4/10/2024
File Number: ANX2023-11013
·The property proposed for annexation is contiguous to existing city boundaries to the east, west, and
south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
STRATEGIC PRIORITY:
This voluntary annexation petition supports the Deliver Effective and Efficient Services by Optimizing City
Assets and Resources goal of the city’s Strategic Plan by reducing enclaves and delivering city services to
properties within the city’s service boundary. This petition also supports Ensure Exceptional Communities
and Neighborhoods Where Everyone Can Thrive goal by better unifying neighborhoods and reducing issues
with multiple jurisdictions.
Page 2 City of Clearwater Printed on 4/10/2024
Ordinance No. 9736-24
ORDINANCE NO. 9736-24
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE NORTHWEST CORNER OF GRAND
VIEW AVENUE AND NORTH MCMULLEN BOOTH ROAD,
WHOSE POST OFFICE ADDRESS IS 3076 GRAND VIEW
AVENUE, CLEARWATER, FL 33759, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit “A” has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
LOT 18, BLOCK B, KAPOK TERRACE ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 36 PAGE 14 AND 15, LESS THAT PART CONVEYED
TO PINELLAS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA
FOR PUBLIC RIGHT-OF-WAY AS RECORDED IN THAT CERTAIN DEED FILED APRIL
3, 1995 IN O.R. BOOK 5199, PAGE 975 BOTH OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
(ANX2023-11013)
The map attached as Exhibit “A” is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Community Development Coordinator
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida,
within 7 days after adoption, and shall file a certified copy with the Florida Department of
State within 30 days after adoption.
Ordinance No. 9736-24
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Bruce Rector
Mayor
Approved as to form:
Matthew J. Mytych, Esq.
Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC
City Clerk
Exhibit “A”
PROPOSED ANNEXATION
Owner(s): Alfred H. Gornbein Case: ANX2023-11013
Site: 3076 Grand View Avenue
Property
Size(Acres):
ROW (Acres):
0.172
Land Use Zoning PIN: 09-29-16-45126-002-0180
From: Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
Ordinance No. 9737-24
ORDINANCE NO. 9737-24
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN OF THE CITY, TO
DESIGNATE THE LAND USE FOR CERTAIN REAL
PROPERTY LOCATED ON THE NORTHWEST CORNER
OF GRAND VIEW AVENUE AND NORTH MCMULLEN
BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3076
GRAND VIEW AVENUE, CLEARWATER, FLORIDA 33759,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the Future Land Use Element of the
Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's Comprehensive Plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Future Land Use Element of the Comprehensive Plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
LOT 18, BLOCK B, KAPOK TERRACE ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 36 PAGE 14 AND 15, LESS THAT PART
CONVEYED TO PINELLAS COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA FOR
PUBLIC RIGHT-OF-WAY AS RECORDED IN THAT
CERTAIN DEED FILED APRIL 3, 1995 IN O.R.
BOOK 5199, PAGE 975 BOTH OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
Residential Low (RL)
(ANX2023-11013)
The map attached as Exhibit “A” is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City’s Comprehensive Plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 9736-24.
Ordinance No. 9737-24
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Bruce Rector
Mayor
Approved as to form:
Matthew J. Mytych, Esq.
Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC
City Clerk
Exhibit “A”
PROPOSED FUTURE LAND USE MAP
Owner(s): Alfred H. Gornbein Case: ANX2023-11013
Site: 3076 Grand View Avenue
Property
Size(Acres):
ROW (Acres):
0.172
Land Use Zoning PIN: 09-29-16-45126-002-0180
From: Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
Ordinance No. 9738--24
ORDINANCE NO. 9738-24
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE NORTHWEST CORNER OF GRAND VIEW AVENUE
AND NORTH MCMULLEN BOOTH ROAD, WHOSE POST
OFFICE ADDRESS IS 3076 GRAND VIEW AVENUE,
CLEARWATER, FLORIDA 33759, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM
DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's
Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning
Atlas of the City is amended, as follows:
The map attached as Exhibit “A” is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 9736-24.
Property Zoning District
LOT 18, BLOCK B, KAPOK TERRACE ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 36 PAGE 14 AND 15, LESS THAT PART
CONVEYED TO PINELLAS COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA FOR
PUBLIC RIGHT-OF-WAY AS RECORDED IN THAT
CERTAIN DEED FILED APRIL 3, 1995 IN O.R. BOOK
5199, PAGE 975 BOTH OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA.
Low Medium
Density Residential
(LMDR)
(ANX2023-11013)
Ordinance No. 9738--24
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Bruce Rector
Mayor
Approved as to form:
Matthew J. Mytych, Esq.
Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC
City Clerk
Exhibit “A”
PROPOSED ZONING MAP
Owner(s): Alfred H. Gornbein Case: ANX2023-11013
Site: 3076 Grand View Avenue
Property
Size(Acres):
ROW (Acres):
0.172
Land Use Zoning PIN: 09-29-16-45126-002-0180
From: Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
LOCATION MAP
Owner(s): Alfred H. Gornbein Case: ANX2023-11013
Site: 3076 Grand View Avenue
Property
Size(Acres):
ROW (Acres):
0.172
Land Use Zoning PIN: 09-29-16-45126-002-0180
From: Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
AERIAL PHOTOGRAPH
Owner(s): Alfred H. Gornbein Case: ANX2023-11013
Site: 3076 Grand View Avenue
Property
Size(Acres):
ROW (Acres):
0.172
Land Use Zoning PIN: 09-29-16-45126-002-0180
From: Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
EXISTING SURROUNDING USES MAP
Owner(s): Alfred H. Gornbein Case: ANX2023-11013
Site: 3076 Grand View Avenue
Property
Size(Acres):
ROW (Acres):
0.172
Land Use Zoning PIN: 09-29-16-45126-002-0180
From: Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
Detached Dwellings
Detached Dwellings
Detached Dwellings
Detached
Dwellings
ANX2023-11013
Alfred H. Gornbein
3076 Grand View Avenue
View looking north at subject property 3076 Grand View
Avenue
West of the subject property
View looking easterly along Grand View Avenue
View looking westerly along Grand View Avenue
Across the street, to the south of the subject property
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ANX2024-02001
Agenda Date: 4/15/2024 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 6.3
SUBJECT/RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designation of Residential Low (RL), and initial Zoning
Atlas designation of Low Medium Density Residential (LMDR) District for 1410 Lime Street, together with
the abutting right-of-way of Lime Street, and pass Ordinances 9750-24, 9751-24, and 9752-24 on first
reading. (ANX2024-02001)
SUMMARY:
This voluntary annexation petition involves a 0.155-acre property consisting of one parcel of land occupied
by a detached dwelling. The property is located on the north side of Lime Street approximately 500 feet
east of South Hillcrest Avenue. The applicant is requesting annexation in order to receive sanitary sewer
and solid waste service from the city. The Development Review Committee is proposing that the 0.10-acres
of abutting Lime Street right-of-way not currently within the city limits also be annexed. The property is
contiguous to existing city boundaries to the north, west, and east. It is proposed that the property be
assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of
Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed annexation is consistent with
the provisions of Community Development Code Section 4-604.E as follows:
·The property currently receives water service from the City of Clearwater. The closest sanitary sewer
line is located in the adjacent Lime Street right-of-way. The applicant has paid the city's sewer impact and
assessment fees and is aware of the additional costs to extend city sewer service to this property.
Collection of solid waste will be provided by the City of Clearwater. The property is located within Police
District II and service will be administered through the district headquarters located at 645 Pierce Street.
Fire and emergency medical services will be provided to this property by Station #47 located at 1460
Lakeview Road. The city has adequate capacity to serve this property with sanitary sewer, solid waste,
police, fire and EMS service. The proposed annexation will not have an adverse effect on public services
and their levels of service; and
·The proposed annexation is consistent with and promotes the following objective and policy of
Clearwater 2045, the city’s Comprehensive Plan:
Objective PI 9.1 Continue to work with Pinellas County in the orderly annexation of the city’s existing
enclaves.
Policy PI 9.1.2 Continue to process voluntary annexations for single-family residential properties upon
request.
·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current
Countywide Plan designation of the property. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium
Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in
Page 1 City of Clearwater Printed on 4/10/2024
File Number: ANX2024-02001
the district and the property exceeds the district’s minimum dimensional requirements. The proposed
annexation is therefore consistent with the Countywide Plan and the city’s Comprehensive Plan and
Community Development Code; and
·The property proposed for annexation is contiguous to existing city boundaries to the north, west, and
east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
STRATEGIC PRIORITY:
This voluntary annexation petition supports the Deliver Effective and Efficient Services by Optimizing City
Assets and Resources goal of the city’s Strategic Plan by reducing enclaves and delivering city services to
properties within the city’s service boundary. This petition also supports Ensure Exceptional Communities
and Neighborhoods Where Everyone Can Thrive goal by better unifying neighborhoods and reducing issues
with multiple jurisdictions.
Page 2 City of Clearwater Printed on 4/10/2024
Ordinance No. 9750-24
ORDINANCE NO. 9750-24
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE NORTH SIDE OF LIME STREET
APPROXIMATELY 500 FEET EAST OF SOUTH HILLCREST
AVENUE, WHOSE POST OFFICE ADDRESS IS 1410 LIME
STREET, CLEARWATER, FL 33756, TOGETHER WITH
CERTAIN ABUTTING RIGHT-OF-WAY OF LIME STREET,
INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit “B” has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
See attached Exhibit “A” for Legal Description.
(ANX2024-02001)
The map attached as Exhibit “B” is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Community Development Coordinator
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida,
within 7 days after adoption, and shall file a certified copy with the Florida Department of
State within 30 days after adoption.
Ordinance No. 9750-24
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Bruce Rector
Mayor
Approved as to form:
Matthew J. Mytych, Esq.
Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC
City Clerk
Exhibit A
LEGAL DESCRIPTIONS ANX2024-02001
=========================================================================================
Lot 21, Block F, Sunny Park Groves, according to the plat thereof, recorded in Plat Book 36, Page 2, of the Public Records of Pinellas County, Florida.
Together with:
All abutting unincorporated Right-of-Way (70LF, more or less) of 1410 Lime St Right-of-Way.
Parcel ID No.: 23-29-15-86958-006-0210
Exhibit “B”
PROPOSED ANNEXATION
Owner(s): Leslie Tolmie Case: ANX2024-02001
Site: 1410 Lime Street
Property Size(Acres):
ROW (Acres):
0.155 0.10
Land Use Zoning PIN: 23-29-15-86958-006-0210
From: Residential Low (RL) R-3 Single Family Residential
Atlas Page: 307A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
Ordinance No. 9751-24
ORDINANCE NO. 9751-24
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN OF THE CITY, TO
DESIGNATE THE LAND USE FOR CERTAIN REAL
PROPERTY LOCATED ON THE NORTH SIDE OF LIME
STREET APPROXIMATELY 500 FEET EAST OF SOUTH
HILLCREST AVENUE, WHOSE POST OFFICE ADDRESS
IS 1410 LIME STREET, CLEARWATER, FLORIDA 33756,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the Future Land Use Element of the
Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's Comprehensive Plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Future Land Use Element of the Comprehensive Plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property Land Use
Category
See attached Exhibit “A” for Legal
Description.
Residential Low
(RL)
(ANX2024-02001)
The map attached as Exhibit “B” is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City’s Comprehensive Plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 9750-24.
Ordinance No. 9751-24
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Bruce Rector
Mayor
Approved as to form:
Matthew J. Mytych, Esq.
Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC
City Clerk
Exhibit A
LEGAL DESCRIPTIONS ANX2024-02001
=========================================================================================
Lot 21, Block F, Sunny Park Groves, according to the plat thereof, recorded in Plat Book 36, Page 2, of the Public Records of Pinellas County, Florida.
Together with:
All abutting unincorporated Right-of-Way (70LF, more or less) of 1410 Lime St Right-of-Way.
Parcel ID No.: 23-29-15-86958-006-0210
Exhibit “B”
PROPOSED FUTURE LAND USE MAP
Owner(s): Leslie Tolmie Case: ANX2024-02001
Site: 1410 Lime Street
Property Size(Acres):
ROW (Acres):
0.155
Land Use Zoning PIN: 23-29-15-86958-006-0210
From: Residential Low (RL) R-3 Single FamilyResidential
Atlas Page: 307A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
Ordinance No. 9752--24
ORDINANCE NO. 9752-24
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE NORTH SIDE OF LIME STREET APPROXIMATELY
500 FEET EAST OF SOUTH HILLCREST AVENUE, WHOSE
POST OFFICE ADDRESS IS 1410 LIME STREET,
CLEARWATER, FLORIDA 33756, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM
DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's
Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning
Atlas of the City is amended, as follows:
The map attached as Exhibit “B” is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 9750-24.
Property Zoning District
See attached Exhibit “A” for Legal
Description.
Low Medium Density Residential
(LMDR)
(ANX2024-02001)
Ordinance No. 9752-24
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Bruce Rector
Mayor
Approved as to form:
Matthew J. Mytych, Esq.
Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC
City Clerk
Exhibit A
LEGAL DESCRIPTIONS ANX2024-02001
=========================================================================================
Lot 21, Block F, Sunny Park Groves, according to the plat thereof, recorded in Plat Book 36, Page 2, of the Public Records of Pinellas County, Florida.
Together with:
All abutting unincorporated Right-of-Way (70LF, more or less) of 1410 Lime St Right-of-Way.
Parcel ID No.: 23-29-15-86958-006-0210
Exhibit “B”
PROPOSED ZONING MAP
Owner(s): Leslie Tolmie Case: ANX2024-02001
Site: 1410 Lime Street
Property Size(Acres):
ROW (Acres):
0.155
Land Use Zoning PIN: 23-29-15-86958-006-0210
From: Residential Low (RL) R-3 Single FamilyResidential
Atlas Page: 307A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
LOCATION MAP
Owner(s): Leslie Tolmie Case: ANX2024-02001
Site: 1410 Lime Street
Property Size(Acres):
ROW (Acres):
0.155 0.10
Land Use Zoning PIN: 23-29-15-86958-006-0210
From: Residential Low (RL) R-3 Single Family Residential
Atlas Page: 307A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
EXISTING SURROUNDING USES MAP
Owner(s): Leslie Tolmie Case: ANX2024-02001
Site: 1410 Lime Street
Property Size(Acres):
ROW (Acres):
0.155 0.10
Land Use Zoning PIN: 23-29-15-86958-006-0210
From: Residential Low (RL) R-3 Single Family Residential
Atlas Page: 307A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
Detached Dwellings
Detached Dwellings
Detached Dwellings
AERIAL PHOTOGRAPH
Owner(s): Leslie Tolmie Case: ANX2024-02001
Site: 1410 Lime Street
Property Size(Acres):
ROW (Acres):
0.155 0.10
Land Use Zoning PIN: 23-29-15-86958-006-0210
From: Residential Low (RL) R-3 Single Family Residential
Atlas Page: 307A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
ANX2024-02001
Leslie Tolmie
1410 Lime Street
View looking north at subject property 1410 Lime Street West of the subject property
Across the street, to the south of the subject property
View looking westerly along Lime Street View looking easterly along Lime Street
East of the subject property
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0402
Agenda Date: 4/15/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Solid Waste
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Approve an increase on the purchase order to QTM, Inc of Oldsmar, FL, for pit repairs to the Solid Waste
Transfer Station in the amount of $132,431.00, for a combined total amount of $227,431.00, pursuant to
ITB 52-22 Welding, Metal Fabrication and Related Services and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
On August 23, 2022, Procurement issued Invitation to Bid (ITB) #52-22, Welding, Metal Fabrication and
Related Services for Public Utilities and five responsive and responsible bids were received. QTM, Inc. was
the lowest responsive and responsible bidder in accordance with the bid specifications. A purchase order
was issued on October 17, 2022 in the annual not-to-exceed amount of $50,000.00 for a period of one
year, with two, one-year renewal options. In the first renewal term, an increase of $45,000.00 was
approved by the City Manager for additional work needed by Public Utilities. QTM, Inc. has agreed to
extend this pricing to Solid Waste. With this purchase by Solid Waste, the total amount allocated in year
two of the contract will be $227,431.00.
The existing Solid Waste Transfer Station facility at 1005 Old Coachman Rd. has two pits that are used to
transfer refuse from front loaders, side loaders and roll off trucks into tractor trailers that transport refuse to
the Pinellas County Waste to Energy facility. Pit#2 has 12 existing steel panels weighing 650 lbs each
that are pulling from the concrete wall, hanging loosely above the floor below, creating a dangerous
situation which required closing of this pit until repairs can be made. Pit#1 has only two existing steel
panels that are beginning to pull from the concrete wall, needing replacement. Currently, this is our only
functional pit.
This project will repair both pits to like-new condition and provide city staff with a functioning facility to
perform their assigned tasks safely.
APPROPRIATION CODE AND AMOUNT:
3247324-563800-M2301 $132,431.00
A mid-year budget amendment will provide a transfer of $130,000.00 from capital improvement project
C2302, Rebuild Solid Waste Admin Complex, to capital improvement project M2301, SW Facility R&R, to
provide funding needed for this contract.
USE OF RESERVE FUNDS:N/A
STRATEGIC PRIORITY:
The 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 4/10/2024
INCORPORATED
To:Date:3/5/2024
Inquiry No.20240305-1a
F.O.B.Oldsmar
Attention:KERVIN ST. AIMIE
Terms:35% DOWN
We are pleased to quote as follows:65% NET 30
Qty Description Unit Price Total
TRANSFER STATION PIT #2 BREAKDOWN OF COSTS
(HOURS)LABOR COSTS BREAKDOWN
659 $75.00 $49,425.00
367 $60.00 $22,020.00
450 $60.00 $27,000.00
$98,445.00
1 $15,014.00 $15,014.00
$15,014.00
$113,459.00
TRANSFER STATION PIT #1 BREAKDOWN OF COSTS
(HOURS)LABOR COSTS BREAKDOWN
110 MACHINING SERVICES $75.00 $8,250.00
62 FABRICATING SERVICES - WATERJET $60.00 $3,720.00
75 FABRICATING SERVICES - BENDING $60.00 $4,500.00
TOTAL LABOR $16,470.00
1 $2,502.00 $2,502.00
$18,972.00
DELIVERYAS DESCRIBED IN PROPOSAL BY:Hilary Douglas
TOTAL PROJECT COST FOR TRANSFER STATION PIT #1
MATERIAL COSTS BREAKDOWN
MACHINING SERVICES
FABRICATING SERVICES - WATERJET
FABRICATING SERVICES - BENDING
TOTAL LABOR
METAL REQUIRED FOR PANELS & MISC ITEMS - COST + 20%
TOTAL MATERIAL COSTS
TOTAL PROJECT COST FOR TRANSFER STATION PIT #2
CITY OF CLEARWATER
MATERIAL COSTS BREAKDOWN
METAL REQUIRED FOR PANELS & MISC ITEMS - COST + 20%
QTM Incorporated
300 Stevens Avenue
Oldsmar, FL 34677
Phone (813) 891-1300
Fax (813) 891-1266
v. 11.2018 Procurement Division
100 S Myrtle Ave 33756-5520
PO Box 4748 33758-4748
Clearwater FL
727-562-4633
INVITATION TO BID
#52-22
Welding, Metal Fabrication and Related Services
August 23, 2022
NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00
A.M., Local Time, September 26, 2022, to provide Welding, Metal Fabrication and Related Services.
Brief Description: The City of Clearwater is seeking bids from qualified vendors to provide welding, metal
fabrication and related services on an as needed basis for the Public Utilities Department.
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:
Scott Burrows
Procurement Analyst
scott.burrows@myclearwater.com
This Invitation to Bid is issued by:
Lori Vogel, CPPB
Procurement Manager
lori.vogel@myclearwater.com
INSTRUCTIONS
WELDING, FABRICATION AND RELATED SVCS 2 ITB #52-22
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 / PRE-BID MEETING Yes No
Mandatory Attendance: Yes No
Referenced Detailed Specifications, 6. PRE-BID MEETING, page 17 of the solicitation for
additional details.
If so designated above, attendance is mandatory as a condition of submitting a bid. The
conference/pre-bid meeting provides interested parties an opportunity to discuss the City's needs
and ask questions.
i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING:
Date: September 26, 2022
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: 120 days from Opening
Bid shall remain firm and unaltered after opening for the number of days shown above. The City
may accept the bid, subject to successful contract negotiations, at any time during this time.
i.6 BID SECURITY: Yes $ 0.00 No
If so designated above, a bid security in the amount specified must be submitted with the bid. The
security may be submitted in any one of the following forms: an executed surety bond issued by a
firm licensed and registered to transact such business with the State of Florida; cash; certified
check, or cashier's check payable to the City of Clearwater (personal or company checks are not
acceptable); certificate of deposit or any other form of deposit issued by a financial institution and
acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the
bidder selected fail to execute a contract when requested.
PERFORMANCE SECURITY: Yes $ 0.00 No
If required herein, the Contractor, simultaneously with the execution of the Contract, will be required
to furnish a performance security. The security may be submitted in one-year increments and in
any one of the following forms: an executed surety bond issued by a firm licensed and registered
to transact such business with the State of Florida; cash; certified check, cashier's check or money
order payable to the City of Clearwater (personal and company checks are not acceptable);
certificate of deposit or any other form of deposit issued by a financial institution and acceptable to
the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the
INSTRUCTIONS
WELDING, FABRICATION AND RELATED SVCS 3 ITB #52-22
contract, the City shall have the right to use all or such part of said security as may be necessary
to reimburse the City for loss sustained by reason of such breach. The balance of said security, if
any, will be returned to Contractor upon the expiration or termination of the contract.
i.7 BID SUBMITTAL TO:
It is recommended that bids be submitted electronically through our bids website at
https://www.myclearwater.com/business/rfp.
Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be
accepted. Use label at the end of this solicitation package.
City of Clearwater
Attn: Procurement Division
100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520
or
PO Box 4748, Clearwater FL 33758-4748
No responsibility will attach to the City of Clearwater, its employees or agents for premature
opening of a bid that is not properly addressed and identified.
i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place
specified. All bids received after the date and time specified shall not be considered and will be
returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling
of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent
by mail or by means of personal delivery. You must allow adequate time to accommodate all
registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall
not be sufficient to show that you mailed or commenced delivery before the due date and time. All
times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City
Procurement Office as the official time.
i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION.
From the time a competitive solicitation is posted until such time as the contract is awarded by the
city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees,
representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city
officers, city employees, and evaluation committee members.
Violation of this section may result in rejection/disqualification from award of the contract arising
out of the competitive solicitation.
All questions regarding the competitive solicitation must be directed to the procurement manager
or designee, who will respond in writing and post such response to ensure that all respondents
receive the same information during the No-Contact Period.
The penalty for violating the No-Contact Period may include suspension or debarment.
i.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval
and execution of the contract, bidder does so at its own risk.
i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the
solicitation will not excuse any failure to comply with the requirements of the solicitation or any
resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor
suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in
any case not later than seven (7) business days in advance of the due date notify the contact on
page one (1). The City is not responsible for and will not pay any costs associated with the
preparation and submission of the bid. Bidders are cautioned to verify their bids before submission,
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.
INSTRUCTIONS
WELDING, FABRICATION AND RELATED SVCS 4 ITB #52-22
i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted
on the forms provided. An original and the designated number of copies of each bid are required.
Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an
authorized representative. Please line through and initial rather than erase changes. If the bid is
not properly signed or if any changes are not initialed, it may be considered non-responsive. In the
event of a disparity between the unit price and the extended price, the unit price shall prevail unless
obviously in error, as determined by the City. The City may require that an electronic copy of the
bid be submitted. The bid must provide all information requested and must address all points. The
City does not encourage exceptions. The City is not required to grant exceptions and depending
on the exception, the City may reject the bid.
i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the
specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates
will be considered upon demonstrating the other product meets stated specifications and is
equivalent to the brand product in terms of quality, performance and desired characteristics.
Minor differences that do not affect the suitability of the supply or service for the City’s needs may
be accepted. Burden of proof that the product meets the minimum standards or is equal to the
brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems
unacceptable.
i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received
by the City prior to the scheduled opening time will be accepted and will be corrected after opening.
No oral requests will be allowed. Requests must be addressed and labeled in the same manner
as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal
after the bid opening will only be granted upon proof of undue hardship and may result in the
forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the
City’s discretion.
i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or
otherwise lawfully precluded from participating in any public procurement activity, including being
disapproved as a subcontractor with any federal, state, or local government, or if any such
preclusion from participation from any public procurement activity is currently pending, the bidder
shall include a letter with its bid identifying the name and address of the governmental unit, the
effective date of this suspension or debarment, the duration of the suspension or debarment, and
the relevant circumstances relating the suspension or debarment.
i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid
the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject
bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual
bids for failure to meet any requirement; to award by item, part or portion of an item, group of items,
or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or
form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure
to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to
a subsequent contract. The City is charged by its Charter to make an award that is in the best
interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made
solely at the City’s discretion and made to favor the City. No binding contract will exist between
the bidder and the City until the City executes a written contract or purchase order.
i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder
may not be acknowledged or accepted by the City. Award or execution of a contract does not
constitute acceptance of a changed term, condition or specification unless specifically
acknowledged and agreed to by the City. The copy maintained and published by the City shall be
the official solicitation document.
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,
INSTRUCTIONS
WELDING, FABRICATION AND RELATED SVCS 5 ITB #52-22
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
WELDING, FABRICATION AND RELATED SVCS 6 ITB #52-22
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.
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: 8/23/22
Advertise Tampa Bay Times: 8/31/22
Bids due: 9/26/22
Review bids: 9/26/22 – 9/30/22
Award recommendation: 9/30/22
Council authorization: 11/03/22
Contract begins: 11/04/22
STANDARD TERMS AND CONDITIONS
WELDING, FABRICATION AND RELATED SVCS 7 ITB #52-22
S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor,
supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city,
Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”.
S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor’s employees, not City employees.
Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system, paid
time off or other rights afforded City employees. Contractor employees will not be regarded as City
employees or agents for any purpose, including the payment of unemployment or workers’
compensation. If any Contractor employees or subcontractors assert a claim for wages or other
employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.
S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract work,
it is agreed that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Contractor and its subcontractors must provide that
the terms and conditions of this Agreement be incorporated therein.
S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first
receiving the City’s written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right at its option to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights,
or responsibilities in any third parties.
S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations
under this Agreement.
S.10 COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses and pay all charges and fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully informed
of existing and future federal, state, and local laws, ordinances, and regulations that in any
manner affect the fulfillment of this Agreement and must comply with the same at its own
expense. Contractor bears full responsibility for training, safety, and providing necessary
equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon
request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and
other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
STANDARD TERMS AND CONDITIONS
WELDING, FABRICATION AND RELATED SVCS 8 ITB #52-22
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
WELDING, FABRICATION AND RELATED SVCS 9 ITB #52-22
S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral
presentations, meetings where vendors answer questions, other submissions, correspondence,
and all records made thereof, as well as negotiations or meetings where negotiation strategies are
discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with
Chapters 119 and 286, Florida Statutes.
Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure
until such time that the City provides notice of an intended decision or until 30 days after opening
the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB
and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain
exempt from public disclosure until such time that the City provides notice of an intended decision
concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall
not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all
proposals or replies.
Oral presentations, meetings where vendors answer questions, or meetings convened by City staff
to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in
compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed
meeting. The recording of, and any records presented at, the exempt meeting shall be available to
the public when the City provides notice of an intended decision or until 30 days after opening
proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant
to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records
presented at the exempt meeting remain exempt from public disclosure until such time that the City
provides notice of an intended decision concerning the reissued ITB or until the City withdraws the
reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt
from public disclosure longer than 12 months after the initial City notice rejecting all proposals or
replies.
In addition to all other contract requirements as provided by law, the contractor executing
this agreement agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com,
600 Cleveland Street, Suite 600, Clearwater, FL 33755.
The contractor’s agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter “public
agency”) to perform the service being provided by the contractor hereunder.
b) Upon request from the public agency’s custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida
Statutes, as may be amended from time to time, or as otherwise provided by law.
c) Ensure that the public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
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
STANDARD TERMS AND CONDITIONS
WELDING, FABRICATION AND RELATED SVCS 10 ITB #52-22
contractor keeps and maintains public records upon completion of the contract, the contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency’s
custodian of public records, in a format that is compatible with the information technology
systems of the public agency.
e) A request to inspect or copy public records relating to a public agency’s contract for services
must be made directly to the public agency. If the public agency does not possess the
requested records, the public agency shall immediately notify the contractor of the request and
the contractor must provide the records to the public agency or allow the records to be
inspected or copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply with
the public agency’s request for records, the public agency shall enforce the contract provisions
in accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records relating to a
public agency’s contract for services, the court shall assess and award against the contractor
the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the public
records request within a reasonable time; and
2. At least eight (8) business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the contractor has not
complied with the request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public
records and to the contractor at the contractor’s address listed on its contract with the public
agency or to the contractor’s registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be in an electronic format.
A contractor who complies with a public records request within 8 business days after the notice is
sent is not liable for the reasonable costs of enforcement.
S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five
(5) years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may
inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the
Agreement. Contractor will permit such inspections and audits during normal business hours and
upon reasonable notice by the City. The audit of records may occur at Contractor’s place of
business or at City offices, as determined by the City.
S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City’s information, data, or facilities in accordance with the City’s current
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
STANDARD TERMS AND CONDITIONS
WELDING, FABRICATION AND RELATED SVCS 11 ITB #52-22
including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or
entity may provide services under this Agreement. If the City objects to any Contractor personnel
for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City,
remove any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary
bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any
similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the
subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii)
conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out
any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with the City’s Purchasing Policy and
Procedures Manual.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty
(30) day cure period may be extended by mutual agreement of the parties, but no cure period
may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably
calculated to provide notice of the nature and extent of such default. Failure of the non-
defaulting party to provide notice of the default does not waive any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor’s intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess cost
by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance
due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv)
collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and
costs.
c. The non-defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in
part or in whole upon thirty (30) calendar days’ written notice.
STANDARD TERMS AND CONDITIONS
WELDING, FABRICATION AND RELATED SVCS 12 ITB #52-22
S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S.
Section 112, the City may cancel this Agreement after its execution, without penalty or further
obligation, if any person significantly involved in initiating, securing, drafting, or creating the
Agreement for the City becomes an employee or agent of Contractor.
S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not
have funds to meet its obligations under this Agreement, the City will have the right to terminate
the Agreement without penalty on the last day of the fiscal period for which funds were legally
available. In the event of such termination, the City agrees to provide written notice of its intent to
terminate thirty (30) calendar days prior to the stated termination date.
S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor’s properly prepared final
invoice.
S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services
hereunder, will not release the other party of any of the warranties or other obligations of the
Agreement and will not be deemed a waiver of any such rights or remedies.
S.25 INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs,
attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to,
arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor
personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the
obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of any
issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor
or any third party harmless for claims based on this Agreement or use of Contractor-provided
supplies or services.
S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good,
workman-like and professional manner. The City’s acceptance of service or materials provided by
Contractor will not relieve Contractor from its obligations under this warranty. If any materials or
services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at
no additional charge to the City, will provide materials or redo such services until in accordance
with this Agreement and to the City’s reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City
property, and will at the City’s request and expense, furnish to the City reasonable assistance and
STANDARD TERMS AND CONDITIONS
WELDING, FABRICATION AND RELATED SVCS 13 ITB #52-22
cooperation, including assistance in the prosecution or defense of suit and the execution of
instruments of assignment in favor of the City in obtaining recovery.
S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver
any specific amount of materials or services or any materials or services at all under this Agreement
and acknowledges and agrees that the materials or services will be requested by the City on an as
needed basis at the sole discretion of the City. Any document referencing quantities or
performance frequencies represent the City's best estimate of current requirements, but will not
bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.
S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or
publicity without obtaining the prior written consent of the City.
S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public
officer or employee within the last two (2) years shall not represent another organization before the
City on any matter for which the officer or employee was directly concerned and personally
participated in during their service or employment or over which they had a substantial or material
administrative discretion.
S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and allowed unless otherwise agreed.
S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss, injury, or destruction will not release
Contractor from any obligation hereunder.
S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action, or pay any settlement of such action or claim. Each party agrees
to notify the other promptly of any matters to which this provision may apply and to cooperate with
each other in connection with such defense or settlement. If a preliminary or final judgment is
obtained against the City’s use or operation of the items provided by Contractor hereunder or any
part thereof by reason of any alleged infringement, Contractor will, at its expense and without
limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the
right to continue to use the item; (c) substitute for the infringing item other item(s) having at least
equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable
usage, from the time of installation acceptance through cessation of use, which amount will be
calculated on a useful life not less than five (5) years, plus any additional costs the City may incur
to acquire substitute supplies or services.
S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement
Administrator and/or an authorized representative from the using department. All questions
regarding the contract will be referred to the administrator for resolution. Supplements may be
written to the contract for the addition or deletion of services. Payment will be negotiated and
determined by the contract administrator(s).
STANDARD TERMS AND CONDITIONS
WELDING, FABRICATION AND RELATED SVCS 14 ITB #52-22
S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing
agreements with other Florida government agencies, including the Tampa Bay Area Purchasing
Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use
by other municipalities, school districts and government agencies in the State of Florida with the
approval of Contractor. Any such usage by other entities must be in accordance with the statutes,
codes, ordinances, charter and/or procurement rules and regulations of the respective government
agency.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City’s
Procurement Division.
S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided
by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or
registered mail, receipt will be deemed effective three (3) calendar days after being deposited in
the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective
two (2) calendar days after the sending thereof.
S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The
exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this
Agreement will be Pinellas County, Florida.
S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated in it.
S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any party
from any liability or obligation arising prior to the date of termination.
DETAILED SPECIFICATIONS
WELDING, FABRICATION AND RELATED SVCS 15 ITB #52-22
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 117,800 residents. Clearwater
Beach is an international tourist destination that brings millions of tourists to Pinellas County annually
and was selected as the “Number One Beach in America” in the 2018 and 2019 TripAdvisor Travelers’
Choice Awards and regularly ranks as a top vacation destination in both domestic and international
publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts
miles of pristine “sugar sand” beaches, provides a wide variety of casual and fine dining options, and
is home to Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball.
Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for
its groundbreaking work in marine rescue, rehabilitation, and release.
The City of Clearwater is committed to ensuring that we have a sustainable city through green
measures focusing on our economy, environment, and community.
2. SCOPE OF WORK. The City of Clearwater is seeking bids from qualified vendors to provide welding,
metal fabrication and related services on an as needed basis for the Public Utilities Department.
The purpose of this solicitation is to contract with a commercial welding contractor to provide welding,
metal fabrication and related services in accordance with industry standards on an as requested
basis. Work may be required in any of the Public Utilities’ facilities operated in the City of Clearwater
and will be assigned to the Vendor through issuance of a Purchase Order. Except under an
“emergency after hours request”, Vendor shall not provide any service to the City until the Vendor
has received a Purchase Order from the City. Vendor may be permitted to accept an order/request
to provide services under an “emergency after hours request” without a purchase order; however,
approval for such a request from the contract administrator, or their designee, shall be transmitted to
the Vendor’s facsimile or e-mail.
Contract Hours:
A. The Vendor shall be requested to complete work during normal business hours, Monday
through Friday, excluding City recognized holidays, between the hours of 7:00 am ET and
4:00 pm ET for on-site services. On occasion, the City may request the Vendor to perform
work during non-standard hours or on weekends or holidays. All repairs including after-hours
work shall be approved by the contract administrator, or their designee.
B. After-hours calls as approved by the contract administrator, or their designee, in writing,
including City recognized holidays, will be reimbursed to the Vendor at time and one-half (1
½) times the Agreement’s labor rate with a two (2) hour minimum or actual job time,
whichever is greater.
3. GENERAL REQUIREMENTS.
A. Vendor Responsibilities:
i. Vendor capabilities shall consist of:
• Metal Fabrication
• Metal Inert Gas (MIG), Tungsten Inert Gas (TIG), Arc welding and brazing
• Shearing, bending and rolling
• Lathe work, Bridgeport, grinding, drilling and surfacing
• Machine shop capabilities
• On-site welding services
• Sheet metal work
• Welding of stainless steel, aluminum and steel
• Oxy acetylene for torch use
DETAILED SPECIFICATIONS
WELDING, FABRICATION AND RELATED SVCS 16 ITB #52-22
ii. Vendor shall furnish and assume full responsibility for all materials, equipment, labor,
transportation, storage, construction equipment and machinery, tools and incidentals
necessary for completion of the work. The City will not assume responsibility for lost
or stolen belongings, materials or equipment.
iii. Vendor shall be responsible for ensuring that all materials, products and/or equipment
that are used to support the services as outlined in this solicitation are of good quality
and free from defects. Vendor shall be solely responsible for ensuring that all
employees, including subcontractor’s, perform in a professional manner and that all
work is satisfactory to the contract administrator, or their designee.
iv. Vendor shall conduct work in accordance with Occupational Safety and Health
Administration (OSHA) standards and shall take all necessary precautions to protect
themselves, other personnel, and equipment from harm.
v. Vendor shall protect the site from damage and shall repair damages or injury caused
during any installation by the Vendor or its employees or agents. If any alteration,
including, but not limited to, dismantling, and excavation is required to achieve
installation, Vendor shall promptly restore the structure or site to its original condition.
vi. Vendor shall perform installation work so as to cause the least inconvenience and
interference to the City and with proper consideration of others on site.
vii. Upon completion of any installation, the Vendor shall remove all waste materials from
and around the vicinity of the work area, as well as all tool construction equipment,
machinery and surplus materials and shall clean all building surfaces in the work area
and leave it “broom clean” with everything in satisfactory repair and order.
vii. Vendor shall be notified and given 24 hours to remedy any defective work. Labor for
all jobs requiring any rework shall be at no cost to the City.
ix. Vendor shall complete all work to the satisfaction of the contract administrator, or their
designee, which during on-site services, includes the cleanup and removal of all
waste generated in the performance of any repairs.
x. No subcontracting is permitted without the expressed written approval of the City. All
subcontractors utilized by the successful bidder shall be properly certified, registered
and/or licensed by the appropriate Agency for the services to be performed, as may
be required. The Vendor has final responsibility for all subcontractors’ performance
and subcontracted work and coordinating with same.
B. Estimates and Approval for Repairs:
i. Vendor shall provide, in writing, all estimated parts and labor costs required to make
non-emergency repairs over $500.00 and shall obtain written approval from the
contract administrator, or their designee, before actual repairs are performed.
ii. All repairs of $500.00 or less will require verbal approval from the contract
administrator, or their designee, to proceed.
iii. Vendor shall seek approval from the contract administrator, or their designee, for
additional services uncovered during an approved repair from the initial requestor.
The City reserves the right to refuse payment for services performed by the Vendor
that were not authorized in accordance with the Contract.
iv. Vendor shall be responsible for any damages to the City’s equipment, locations,
buildings and building contents caused by service technicians or Vendor’s equipment.
Any damage shall be repaired or remediated at the Vendor’s expense.
DETAILED SPECIFICATIONS
WELDING, FABRICATION AND RELATED SVCS 17 ITB #52-22
4. MINIMUM REQUIREMENTS.
A. The Vendor shall have been in business for a minimum of three (3) consecutive years with
experience providing comparable services to other utilities similar to the City of
Clearwater’s Public Utilities Department. Copies of documentation demonstrating meeting
this minimum requirement shall be submitted with your bid submittal. Examples of
documentation may include, but not be limited to, local business tax receipts for three (3)
years, corporation documents with date of inception, certificate of authority, etc.
B. The Vendor shall be certified by the American Welding Society. Copy of certification shall
be included with bid submittal.
Vendor shall meet all minimum requirements stated and shall provide copies and/or written
documentation to substantiate meeting the requirements or will be considered non-responsive to the
requirements set forth herein.
5. REFERENCES. The bidder shall submit a minimum of three (3) customer references for which the
vendor has recently performed similar services within the last three (3) years.
6. PRE-BID MEETING: A Public Pre-Bid Meeting to answer questions pertaining to this solicitation is
schedule on September 6, 2022, at 11:00am EST.
Topic: ITB 52-22 Pre-Bid Meeting
Time: Sep 6, 2022, 11:00 AM Eastern Time (US and Canada)
Join Zoom Meeting:
https://us02web.zoom.us/j/86920135237?pwd=Tm9mK0lwZXkxRTJPMTN1enRQSktYQT09
Meeting ID: 869 2013 5237
Passcode: 398359
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
DETAILED SPECIFICATIONS
WELDING, FABRICATION AND RELATED SVCS 18 ITB #52-22
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 Auto Liability policies. 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 #27-22
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
WELDING, FABRICATION AND RELATED SVCS 19 ITB #52-22
1. BEGINNING AND END DATE OF INITIAL TERM. November 2022 – November 2023
If the commencement of performance is delayed because the City does not execute the contract
on the start date, the City may adjust the start date, end date and milestones to reflect the delayed
execution.
2. EXTENSION. The City reserves the right to extend the term of this contract, provided however,
that the City shall give written notice of its intentions to extend this contract no later than thirty (30)
days prior to the expiration date of the contract.
3. 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 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.
Two (2), one (1) year renewals possible at the City’s option.
4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise
provided by the specifications, and include all transportation, insurance and warranty costs. The
City shall not be invoiced at prices higher than those stated in any contract resulting from this bid.
The Contractor certifies that the prices offered are no higher than the lowest price the Contractor
charges other buyers for similar quantities under similar conditions. The Contractor further agrees
that any reductions in the price of the goods or services covered by this bid and occurring after
award will apply to the undelivered balance. The Contractor shall promptly notify the City of such
price reductions.
During the sixty (60) day period prior to each annual anniversary of the contract effective date, the
Contractor may submit a written request that the City increase the prices for an amount for no more
than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U),
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.
At the end of the initial term, pricing may be adjusted for amounts other than inflation based on
mutual agreement of the parties after review of appropriate documentation. Renewal prices shall
be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph.
No fuel surcharges will be accepted.
BID SUBMISSION
WELDING, FABRICATION AND RELATED SVCS 20 ITB #52-22
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
Exceptions/Additional Materials/Addenda form
Vendor Information form
Scrutinized Companies form(s) as required
E-Verify Eligibility form as required
Offer Certification form
The bidder shall submit a minimum of three (3) customer references for which the vendor has
recently performed similar services within the last three (3) years Documentation demonstrating Vendor has been in business for a minimum of three (3)
consecutive years
Copy of American Welding Society certification
W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
BID PRICING
WELDING, FABRICATION AND RELATED SVCS 21 ITB #52-22
Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish
Welding, Metal Fabrication and Related Services to the City of Clearwater at the price(s) stated below.
Item Description UOM Unit Price Estimated
Needs
Total Extended
Price
1 Labor for Welder: for Welding and
Repair Services, Standard Business
Hours
Per Hour
Worked*
$
100 Hours**
$
2 Labor for Fabricator: for Metal
Fabrication and Repair Services,
Standard Business Hours
Per Hour
Worked*
$
100 Hours**
$
3 Labor for Machinist: for Machine
Services and Repair Services,
Standard Business Hours
Per Hour*
Worked
$
100 Hours**
$
4 Mobile Service Charge Per Service
Order***
$
$
5 Shop Supplies Fee
(Maximum charge of $10.00 allowed)
Per Service
Order
$
$
6 Metal Material and miscellaneous
parts and materials shall be
Contractor cost plus TBD% Mark-up
Percentage
of Mark-up
______%
$10,000.00
estimated
allowance****
$
7 Necessary equipment rental and
subcontracted services shall be
Contractor cost plus 7% Mark-up
7%
GRAND TOTAL (lines 1-6)
$
* Labor shall be billed in 0.5-hour increments with a four (4) hour minimum.
** Hours are estimates only and are not guaranteed by the City.
*** Mobile Service Charges shall be billed with the Labor Charges listed above, per service order.
**** The estimated allowance is not guaranteed by the City. Add the mark-up amount to the
$10,000.00 estimated allowance to calculate the Total Extended Price for this line.
DELIVERY REQUIREMENTS
FOB: Destination, Freight Prepaid and Allowed
Freight Costs: Unit prices should include all freight and transportation charges
No fuel surcharges will be accepted.
PAYMENT TERMS:
City of Clearwater’s standard payment terms are NET30
Vendor: _________________________________________ Date: _______________________________
EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA
WELDING, FABRICATION AND RELATED SVCS 22 ITB #52-22
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
WELDING, FABRICATION AND RELATED SVCS 23 ITB #52-22
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
WELDING, FABRICATION AND RELATED SVCS 24 ITB #52-22
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
WELDING, FABRICATION AND RELATED SVCS 25 ITB #52-22
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
WELDING, FABRICATION AND RELATED SVCS 26 ITB #52-22
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, 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
respondents or potential respondents or any other anti-competitive practices.
e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or
consultant who has or may have had a role in the procurement process for the services and or goods/materials
covered by this contract.
f) It understands the City of Clearwater may copy all parts of this response, including without limitation any
documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer,
or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable
law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright
or proprietary notices.
g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”)
will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations
that relate to their employees.
h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and
not debarred by any Federal or public agency.
i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and
Rules if awarded by the City.
j) It is current in all obligations due to the City.
k) It will accept such terms and conditions in a resulting contract if awarded by the City.
l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit
binding offers for the goods or services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature:
Printed Name:
Title:
Date:
REFERENCES
WELDING, FABRICATION AND RELATED SVCS 28 ITB #52-22
Instructions: The bidder shall submit a minimum of three (3) customer references for which the vendor
has recently performed similar services within the last three (3) years. Additional pages may be added,
if needed.
Complete and return with bid submittal.
Reference # 1
Project Name: Contract Value:
Date Began: Date Completed:
Address
City / State / Zip
Contact Person: Phone:
Email:
Notes:
Reference # 2
Project Name: Contract Value:
Date Began: Date Completed:
Address
City / State / Zip
Contact Person: Phone:
Email:
Notes:
Reference # 3
Project Name: Contract Value:
Date Began: Date Completed:
Address
City / State / Zip
Contact Person: Phone:
Email:
Notes:
Vendor Name Date:
MAILING LABEL
CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER
WELDING, FABRICATION AND RELATED SVCS 29 ITB #52-22
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
SEALED BID
Submitted by:
Company Name:
Address:
City, State, Zip:
ITB #52-22, Welding, Metal Fabrication and Related
Services
Due Date: September 26, 2022, at 10:00 A.M.
City of Clearwater
Attn: Procurement
PO Box 4748
Clearwater FL 33758-4748
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
SEALED BID
Submitted by:
Company Name:
Address:
City, State, Zip:
ITB #52-22, Welding, Metal Fabrication and Related
Services
Due Date: September 26, 2022, 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
1) Casey's All Around Services, LLC 2) EXOALLOY
206 Sandwater Lane PO Box 1782
Oldsmar, FL 34677 Land O Lakes, FL 34639
727-641-7103 813-399-3345
Certified DBE
3) Fencers Welding and Fabrication Inc. 4) QTM Inc.
4770 110th Avenue N, Ste #1 300 Stevens Avenue
Clearwater, FL 33762 Oldsmar, FL 34677
727-304-7370 813-891-1300
5) Weld Inspection Service, LLC
2907 Pointer Place
Seffner, FL 33584
407-489-7134
ADVERTISED: TAMPA BAY TIMES 8/31/2022
POSTED:myclearwater.com 8/24/2022
Due/Opening: September 26, 2022; 10:00 a.m.
INVITATION TO BID No. 52-22
WELDING, METAL FABRICATION AND RELATED SERVICES
Solicitation Response Listing
FOR THE CITY OF CLEARWATER
October 12, 2022
NOTICE OF INTENT TO AWARD The Public Utilities Department and the Procurement Division recommend award of ITB No. 52-22, Welding, Metal Fabrication and Related Services, to QTM, Inc. of Oldsmar, FL, the lowest
most responsible bidder, in accordance with the bid specifications, in the estimated amount of
$50,000.00 annually, for a period of one (1) year, with two (2), one (1) year renewal options.
This Award recommendation will be considered by the Procurement Manager and/or City Manager in the near future.
Inquiries regarding this Intent to Award can be directed to Scott Burrows, Procurement Analyst, at (727) 562-4634, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748.
Posted on this date by:
Scott Burrows Scott Burrows, MPA Procurement Analyst
CITY OF CLEARWATER
ITB # 52-22: Welding, Metal Fabrication and Related Services
DUE DATE: September 26, 2022; 10:00 AM
BID TABULATION
Item No.Description Est. Quantity
(UOM)
Unit Price
(UOM) Total Price Unit Price
(UOM) Total Price Unit Price
(UOM) Total Price Unit Price
(UOM) Total Price Unit Price
(UOM) Total Price
1
Labor for Welder: For Welding and Repair Services, Standard
Business Hours 100 $95.00 $ 9,500.00 $175.00 $ 17,500.00 $85.00 $ 8,500.00 $60.00 $ 6,000.00 $95.00 $ 9,500.00
2
Labor for Fabricator: For Metal Fabrication and Repair
Services, Standard Business Hours 100 $85.00 $ 8,500.00 $75.00 $ 7,500.00 $85.00 $ 8,500.00 $60.00 $ 6,000.00 $75.00 $ 7,500.00
3
Labor for Machinist: For Machine Services and Repair
Services, Standard Business Hours 100 $95.00 $ 9,500.00 $75.00 $ 7,500.00 $150.00 $ 15,000.00 $75.00 $ 7,500.00 $65.00 $ 6,500.00
4 Mobile Service Charge 1 $150.00 $ 150.00 $95.00 $ 95.00 $150.00 $ 150.00 $0.00 $ - $400.00 $ 400.00
5 Shop Supplies Fee (Max charge of $10.00 allowed)1 $10.00 $ 10.00 $10.00 $ 10.00 $10.00 $ 10.00 $0.00 $ - $0.00 $ -
6
Metal Material and miscellaneous parts and materials shall be
Contractor cost plus TBD% Mark-up 1 10% $ 11,000.00 10% $ 11,000.00 25% $ 12,500.00 20% $ 12,000.00 25% $ 12,500.00
Total Bid Items
1 – 6: $ 38,660.00
Total Bid Items
1 – 6: $ 43,605.00
Total Bid Items
1 – 6: $ 44,660.00
Total Bid Items
1 – 6: $ 31,500.00
Total Bid Items
1 – 6: $ 36,400.00
Caseys All Around Services
LLC EXOALLOY Fencers Welding and
Fabrication Inc. QTM Inc Weld Inspection Services
Page 1 of 1
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0425
Agenda Date: 4/15/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Clerk
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Appoint two individuals to the Environmental Advisory Board to fill the remainder of two unexpired term, one
through December 31, 2025 and one through October 31, 2025.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Environmental Advisory Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 5
CHAIRPERSON: Jared Leone
MEETING DATES: Quarterly Meetings - 3rd Wed., 4 pm (Jan., April, July, Oct.)
STAFF LIAISON: Cassie Cordova - Sustainability
PLACE: Main Library/Council Chambers
APPTS. NEEDED: 2
THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND SEAT NOW REQUIRES
REPLACEMENT BY A NEW EMPLOYEE:
1.Marita Lynch - Protected Address - Registered Nurse
Original Appointment: 1/1/22
Resignation Date: 3/20/24
2.John Thomas - 1200 Gulf Blvd., Unit 904 - Environmental Consultant
Original Appointment: 11/1/21
Resignation Date: 3/11/24
THE NAME(S) BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
1.Gladys Andrews - 1501 Gulf Blvd., Unit 302, 33767 - Retired Principal (Elementary, Middle School,
and High School)
2.Toby Bradenburgh - 200 Starcrest Dr., Unit 82, 33765 - Insurance Agent
3.Jason Drizd - 1611 Algonquin Dr., 33755 - Environmental Scientist
4.Erina Ford - 2932 Eagle Estates Circle N, 33761 - Investment Products Support
5.Sonja Jokela - 1406 Hamlet Ave, Apt. 5, 33756 - Lease Analyst
6.Patricia Kirby - 1111 Spencer Ave., 33756 - Vision Coach
7.Michael Rubino - 2364 Terence Ct, 33759 - Air Quality Expert
Page 1 City of Clearwater Printed on 4/10/2024
File Number: ID#24-0425
Zip codes of current members:
1 at 33755
1 at 33756
1 at 33764
STRATEGIC PRIORITY:
Page 2 City of Clearwater Printed on 4/10/2024
Submit Date: Mar 26, 2024
First Name Middle
Initial
Last Name
Email Address
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Advisory Boards Application
Profile
Length of Residency - please select one. *
1 to 5 years
6+ years
Do you own or represent a business in Clearwater?
Yes No
If yes, where is the business located? Do you conduct business with the City?
Which Boards would you like to apply for?
Environmental Advisory Board: Submitted
Occupation - If retired, enter former occupation.
Building Principal - NY
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
Charter Review
Gladys S Andrews
gandrews448@gmail.com
1501 Gulf Blvd. #302 Clearwater
Clearwater FL 33767
Home: (516) 582-5489
Retired Administrator
Gladys S Andrews
Upload a Resume
Please attach a copy of one of the following
documents: 1) valid current Florida Driver
License issued to an address within city limits, or
2) Declaration of Domicile filed with the city clerk
affirming residency within city limits.
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
My background in the field of education as a teacher then a building administrator offered
the opportunity to reuse my skills working with central administration, building staff, parents
and students. All of this experience provides another opportunity to serve the community of
Clearwater with an educational perspective.
What personal qualifications can you bring to this board or committee?
I am a people person who has functioned effectively 34 years before retiring from the New
York State Teachers Retirement System. Those same qualifications are demonstrated as I
serve at my current church, Mt. Zion Progressive Missionary Baptist Church in the teaching
ministry as well as nursing home ministry. I am constantly working with others.
List Community Activities
Question applies to multiple boards
Question applies to multiple boards
Are you related to any member of the City Council?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
NA
Question applies to multiple boards
Are you related to a city employee?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
NA
Demographics
Member of the St. Petersburg Chapter of The Links, Incorporated which is a service
organization. Also an active member of the Mt. Zion Progressive Missionary Baptist Church.
Volunteer at the Good Shepherd Episcopal Church of Dunedin. Work with the local
democratic party as precinct captain. Volunteer at the Mt. Zion Christian Academy
Gladys_Resume.docx
Gladys S Andrews
Date of Birth
Some boards and commissions require membership to be racially, politically or
geographically proportionate to the general public. The following information helps
track our recruitment and diversity efforts. (Optional)
Ethnicity
African American
Gender
Female
The City of Clearwater strives to promote diversity and provide reasonable
accommodations for individuals with disabilities. If you are requesting
accommodation, please indicate below:
NA
By clicking on "I Agree," below, I affirm that the information above is true
and correct, and that I understand and agree to the responsibilities and
commitment of time associated with an appointment to a Clearwater
advisory board or committee.
I Agree
All material submitted to the City of Clearwater is subject to the public records law of
the State of Florida including Chapter 119, Florida Statutes.
04/11/1948
Gladys S Andrews
Gladys S. Andrews
1501 Gulf Blvd. #302
Clearwater, FL 33767
516-582-5489
SUMMARY
A retired building principal with experience as a building administrator for
elementary, middle and high school.
EDUCATION
BS Business Education – Morgan State University, 1970
Baltimore MD 21212
MA Supervision and Administration – Kean University, 1974
Elizabeth, NJ 07083
Professional Diploma, School District Administration – C.W. Post College, 1978
Greenvale, NY 11548
PROFESSIONAL EXPERIENCE
PRE RETIREMENT
Business Education Teacher – Vare Jr. HS
Philadelphia, PA
Business Education Chairman – Half Hallow Hills Middle School
Melville, NY 11748
Assistant Principal – Freeport High School
Freeport, NY 11520
Principal – Archer Street Elementary School-Grades 1 through 4
Freeport, NY 11520
Principal – Atkinson Intermediate School-Grades 5 and 6
Freeport, NY 11520
POST RETIREMENT
Educational Consultant – Bridges Data & Professional Development Center
Commack, NY 11725
Per Diem Substitute – Oceanside Public Schools
Oceanside, NY 11572
Per Diem Substitute – Pinellas School District-Largo HS
Largo, FL
COMMUNITY INVOLVEMENT
Chaplain of the St. Petersburg Chapter of The Links, Incorporated – service
organization.
Member of the Alpha Kappa Alpha Sorority, Incorporated – served as President of
the local NY chapter.
Volunteer at the Clearwater Food Bank.
Currently a volunteer at the Good Shepherd Church of Dunedin as a part of their
Pack-a-Sack program.
Active member of the Mt. Zion Progressive Missionary Baptist Church of St.
Petersburg where I serve in the Sunday School teaching ministry as well as the
nursing home ministry.
Serve as one of the precinct captains of the local democratic party.
Submit Date: Mar 29, 2024
First Name Middle
Initial
Last Name
Email Address
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Advisory Boards Application
Profile
Length of Residency - please select one. *
6+ years
Do you own or represent a business in Clearwater?
Yes No
If yes, where is the business located? Do you conduct business with the City?
Insurance practice in 33765 - I do not conduct business with the city.
Which Boards would you like to apply for?
Environmental Advisory Board: Submitted
Occupation - If retired, enter former occupation.
Insurance Agent
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
N/A
Toby F.Brandenburgh
tobybrandenburgh@gmail.com
200 S. Starcrest Dr.
Clearwater FL 33765
Home: (727) 251-1263
Self Owner
Toby F. Brandenburgh
Upload a Resume
Please attach a copy of one of the following
documents: 1) valid current Florida Driver
License issued to an address within city limits, or
2) Declaration of Domicile filed with the city clerk
affirming residency within city limits.
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
Having been a resident since 1967, I would like to serve this community..
What personal qualifications can you bring to this board or committee?
I've always had an appreciation for the natural beauty that Clearwater offers. Growing on
Eldorado Avenue on Clearwater Beach, the Gulf of Mexico was literally steps away from my
back door. Having served as a Sailor aboard a United States Navy guided missile destroyer
for 3 years, I sailed across many bodies of water and I have a unique appreciation for our
marine resources. I am a regular user of our Ream Wilson and Pinellas Trails. I've also been
an active volunteer with the Friends of Brooker Creek Preserve since 2002 and a member of
the Sierra Club for many years.
List Community Activities
Question applies to multiple boards
Question applies to multiple boards
Are you related to any member of the City Council?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
N/A
Question applies to multiple boards
Are you related to a city employee?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
N/A
Demographics
Some boards and commissions require membership to be racially, politically or
geographically proportionate to the general public. The following information helps
track our recruitment and diversity efforts. (Optional)
Member of American Red Cross, Volunteer with Brooker Creek Preserve
Toby_Brandenburgh_resume_.docx
Toby F. Brandenburgh
Date of Birth
Ethnicity
Prefer not to Answer
Gender
Prefer not to say
The City of Clearwater strives to promote diversity and provide reasonable
accommodations for individuals with disabilities. If you are requesting
accommodation, please indicate below:
N/A
By clicking on "I Agree," below, I affirm that the information above is true
and correct, and that I understand and agree to the responsibilities and
commitment of time associated with an appointment to a Clearwater
advisory board or committee.
I Agree
All material submitted to the City of Clearwater is subject to the public records law of
the State of Florida including Chapter 119, Florida Statutes.
08/08/1988
Toby F. Brandenburgh
[Street Address]
[City, ST ZIP Code]
[Telephone]
[Email]
TOBY BRANDENBURGH
OBJECTIVE To continue to excel in the insurance industry by
helping consumers obtain the insurance product(s)
that will best serve their needs.
SKILLS &
ABILITIES
Goal Setting, Time Management, Prospecting, Follow-
up, Presenting, Closing.
Proficient in Microsoft Office Suite. various CRMs
Technology savvy. Skilled typist. Excellent listener.
Tenacious. Goal oriented.
Florida 2-15 insurance license: W514729 – NPN:
18927795
EXPERIENCE PRODUCER LIAISON/CONSULTANT
JUNE 2016 – DECEMBER 2021 AGENT LINK MARKETING,
CLEARWATER, FL
I presented Agents & Advisors in the insurance and financial services
industries with opportunities that would benefit them in their practice. I was
consistently the top producer in volume of leads generated and total revenue
produced. I was also in charge of meeting production goals for various
established campaigns. More recently, I acted as a consultant so that I could
spearhead new campaigns and create a model for the newly hired Producer
Liaisons to follow. This, in addition to coaching and mentoring new hires
resulted in great success for those who were, in fact, coachable.
SALES REPRESENTATIVE
APRIL 2014 – MAY 2016 CONSUMER ENERGY SOLUTIONS,
CLEARWATER, FL
I was the Lead Sales Representative for a highly coveted program,
the success of which was a pre-requisite for the company to acquire
additional programs from the same key client. Although the program
endured many sales personnel changes, I was the only constant in
the program’s sales force due to my consistent efficiency.
TERRITORY ACCOUNT MANAGER
OCTOBER 2012 – FEBRUARY 2014 CAMSING GLOBAL,
SEMINOLE, FL
I was originally hired into the distributor/retail division where I sold
promotional products to end-users. Within 7 months, I was promoted
to Territory Account Manager & given a 4-state territory (AR, LA, OK &
TX). Within 6 months, I was given 3 additional states to manage (AL,
MS & TN), along with the key accounts from several open states.
HUMAN RESOURCES CONSULTANT
MAY 2011 – MARCH 2012 CERIDIAN CORPORATION, ST.
PETERSBURG, FL
I solicited group health insurance brokers for the referral of their
ancillary products business and responded to incoming inquiries from
prospective end users. I was also the Team Lead Liaison for our
group’s relationship with international conglomerate, ING.
SALES REPRESENTATIVE
DECEMBER 2005 – OCTOBER 2010 GCR CAPITAL, SAFETY
HARBOR, FL
I assisted business owners in expanding their business portfolios
and their personal net worth by explaining to them the benefits of
and securing for them affordable equipment financing. My funding
level was always in the top 10%. I earned Sales Representative of the
Month twice in 12 months (among 20 Sales Reps) by generating the
most net profit.
COMMERCIAL ADVERTISING SALES REPRESENTATIVE
SEPT. 1999 – OCTOBER, 2005 TRADER NAT’L PUBLICATIONS,
CLEARWATER, FL
I helped selected business owners to increase their sales volume
by educating them in the value of and securing for them advertising
space within one or more of our niche publications. I consistently lead
the sales team in new business generation, month in and month out.
Submit Date: Mar 29, 2024
First Name Middle
Initial
Last Name
Email Address
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Advisory Boards Application
Profile
Length of Residency - please select one. *
6+ years
Do you own or represent a business in Clearwater?
Yes No
If yes, where is the business located? Do you conduct business with the City?
Which Boards would you like to apply for?
Environmental Advisory Board: Submitted
Occupation - If retired, enter former occupation.
Environmental professional
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
Jason C Drizd
jasondrizd@gmail.com
1611 Algonquin Dr
Clearwater FL 33755
Home: (727) 424-3182
WSP USA Associate Consultant -Environmental Scientist
Jason C Drizd
Please attach a copy of one of the following
documents: 1) valid current Florida Driver
License issued to an address within city limits, or
2) Declaration of Domicile filed with the city clerk
affirming residency within city limits.
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
I wish to serve on the board because, as an active environmental professional, I believe that
I can bring an informed perspective to issues affecting my community. As a lifelong resident
of Pinellas County and a resident of Clearwater for the past 12 years, I have developed a
interest in then environmental issues of the Tampa Bay area. I believe that lasting change
can be made through responsible incremental actions and I believe that I can lend my voice
and perspective to the benefit of my community.
What personal qualifications can you bring to this board or committee?
I have a B.S. in Environmental Science and Policy from the University of South Florida. I have
been an environmental professional for the past 9 years and have logged many hours of
volunteer service with environmental organizations such as Clearwater Marine Aquarium and
Honeymoon Island State Park. I also hold certifications for OSHA Hazardous Waste
Operations & Emergency Response (HAZWOPER) and FDEP Qualified Stormwater
Management Inspector.
List Community Activities
Question applies to multiple boards
Are you related to any member of the City Council?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
N/A
Question applies to multiple boards
Are you related to a city employee?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
N/A
Demographics
Past: Clearwater Marine Aquarium - Volunteer: Water Quality, Sea Turtle Rehabilitation
Honeymoon Island State Park - Intern: Park Ranger Current: Plato Academy Clearwater - All
Pro Dad Chapter Captain, PTO Member, School Volunteer
JDrizd_Resume.pdf
Upload a Resume
Question applies to multiple boards
JDrizd_DL.pdf
Jason C Drizd
Date of Birth
Some boards and commissions require membership to be racially, politically or
geographically proportionate to the general public. The following information helps
track our recruitment and diversity efforts. (Optional)
Ethnicity
Caucasian/Non-Hispanic
Gender
Male
The City of Clearwater strives to promote diversity and provide reasonable
accommodations for individuals with disabilities. If you are requesting
accommodation, please indicate below:
By clicking on "I Agree," below, I affirm that the information above is true
and correct, and that I understand and agree to the responsibilities and
commitment of time associated with an appointment to a Clearwater
advisory board or committee.
I Agree
All material submitted to the City of Clearwater is subject to the public records law of
the State of Florida including Chapter 119, Florida Statutes.
01/31/1989
Jason C Drizd
JASON DRIZD
SENIOR PROJECT SCIENTIST
Page 1 of 2
Years with the firm
8 (2015)
Years total
8 (2015)
Trainings
40-Hour HAZWOPER, 10/11/2015
8-Hour HAZWOPER, 11/10/2016 6/24/2021
Open Water Diver, 5/4/2009
FDEP Certified Storm Water Management Inspector No. 48701
Software
ESRI Collector
ESRI Field Maps
gINT Software
Microsoft Office Suite
Languages
English
Office location
Tampa, Florida
_____________________
CAREER SUMMARY
Jason is an environmental scientist with experience on more than 200 projects in phase I
environmental site assessments, construction oversight, groundwater sampling, soil sampling,
PFOA/PFOS assessments, concrete scanning, ground penetrating radar (GPR) scanning, report
writing, electrical resistivity imaging, materials testing, and landfill gas sampling. His recent
experience includes complete infiltration studies of water movement at Lake Manatee Dam.
Mr. Drizd has served FDOT in its Municipal Separate Storm Sewer System (MS4) program including
inspections, illicit discharge detection and elimination, MS4 inventory collection/database
management, new projects permit compliance, pollution prevention/good housekeeping
inspections, and annual report preparation.
EDUCATION
BS, Environmental Science and Policy, University of South Florida May 7, 2021
PROFESSIONAL EXPERIENCE
Florida Department of Transportation District 7, Districtwide NPDES Consultant, Florida: As Associate Project Manager, Jason has assisted the Project Team in providing comprehensive management assistance of the NPDES program in five Florida counties. His
efforts have included assisting in the program management of stormwater facility scheduling and inspections, coordination with subconsultants on subconsultant deliverables, and NPDES database compliance information entry. He is directly involved with annual report preparation, TMDL prioritization efforts, and overall MS4 program compliance. He participates in the development of Supplemental Stormwater Management Plans for Priority TMDL waterbodies as well as attends statewide NPDES conference calls to help ensure District consistency with Department NPDES policy and effective SAMS
implementation. He prepares Statement of Inspection (SOI) for Proper Operation and Maintenance forms and submit them to the regulatory agencies. He also coordinates SOI due dates with SWFWMD to develop schedules that fit FDOT’s overall inspection schedule and optimizes the SMF inspection groupings by geographic location for reduced system costs.
Florida Department of Transportation, Anclote River Freshwater Segment Bacterial Pollution Control Plan (BPCP), Pasco County, Florida: As Project Manager, Jason prepared this BPCP at FDEP’s request after FDEP changed course and rejected FDOT’s past position that the State Highway System is not a source of bacterial pollution and therefore FDOT did not have to prepare BPCPs. Mr. Drizd prepared the BPCP with plan elements that concentrated on potential bacteria sources located on or immediately adjacent to the FDOT Right-of-way. However the plan does not overcommit FDOT to burdensome recurrent tasks relative to the plan. Potential sources of fecal contamination were reported to Pasco County Environmental Management and Compliance Program which has the authority and staffing to pursue such matters.
Southeast Grocers Association, Stormwater Facility Inspections, West Central Florida: As Project Manager, Jason oversaw and implemented the inspections of private stormwater management facilities (SMFs) operated by a grocery store chain with stores in West Central
Florida. Mr. Drizd evaluated the SMFs for vegetation, structural, water quality, aesthetics, erosion/sediment, and hydrology conditions and compared the evaluation to the SWFWMD
JASON DRIZD
SENIOR PROJECT SCIENTIST
Page 2 of 2
ERP permitted conditions. A Statement of Inspection for Proper Operation and Maintenance (SOI) was prepared and submitted for all permit-compliant facilities. A maintenance work order document was prepared for the client for all non-conforming SMFs so that they could be repaired by the client. Mr. Drizd uses WSPs SMF inspection guidelines, the same ones used for FDOT SMF inspections, to complete this type of work because it consistently provides a thorough inspection and documentation and provides the client the desired end result which is permit compliance.
Duke Energy LLC, Stormwater Temporary Construction BMP Inspections, West Central Florida: As Project Professional, Jason assisted the project team in conducting inspections of the temporary erosion and sediment control BMPs on Duke’s linear power line transmission project improvements. Some of these projects required oversight of a contractor to install the BMPs in conformance with the contract documents. Permit compliance was achieved through consistent BMP inspection processes and constant communication with Duke contractors for any BMP adjustment needs.
Various Projects and Clients, Florida: Field technician for a wide range of projects in Florida. Responsibilities included leading groundwater and soil sampling team for environmental monitoring and remediation; creating sampling grids using aerial photography; and leading GPR and concrete scanning projects, as well as training others on the technical equipment capabilities. Also monitored contractor progress on geotechnical sinkhole remediation in compliance with engineering designs and act as a liaison between client, contractor, and property owner. Select projects include:
Coronet Vane Shear Testing Task 1 Field Investigation
White Rock Quarries Lime Rock Evaluation
Grout Monitoring for Various Properties
Navarro Rental Prop Stabilization
Former Zero System Optimization O&M
Bryan Dairy Road Methane Monitoring
Coca Cola Offsite Assessment
Lutz Prep School Phase II ESA
TG Lee Orange City UST Removal
Carollo Lake Manatee Dam Phase II Repairs
NuWest Phase III Gypsum Stack Expansion
Hazen & Sawyer Bluefield Water Farm Design/Permitting, Environmental Sampling,and ERA
Florida Chem Supply Geotechnical Investigation
Project Infinity CQA
Winspear Post Stabilization Visit
Spisak Prop Settlement Assessment
Hampton Park Depression Assessment
Jahagirdar Prop Sinkhole Evaluation
Remy Property CGCC and Structural
Mosaic Data Management and Reporting
East Lake Nutrient Source Evaluation
Lake Hiawath Preserve Task 1 – Second Annual
Lake Gwyn Park Design and Engineering Services
Hilochee WMA Design and Permit Services
WMD Restoration and Enhancement Phase III
Community Center Test Water Well Engineering
FAR AFFF Release Areas – Cape Canaveral AFS Site Work
Submit Date: Apr 01, 2024
First Name Middle
Initial
Last Name
Email Address
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Advisory Boards Application
Profile
Length of Residency - please select one. *
6+ years
Do you own or represent a business in Clearwater?
Yes No
If yes, where is the business located? Do you conduct business with the City?
Which Boards would you like to apply for?
Environmental Advisory Board: Submitted
Occupation - If retired, enter former occupation.
Finance
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
I am passionate about the environment and protecting our resources. I am involved in
Raymond James' efforts around sustainability as well and believe I can bring bring some of
this experience to the table.
Erina S Ford
esford82@gmail.com
2932 Eagle Estates Circle N.
Clearwater FL 33761
Home: (727) 255-3676
Raymond James Financial VP, Investment Products &Support
Erina S Ford
Upload a Resume
Please attach a copy of one of the following
documents: 1) valid current Florida Driver
License issued to an address within city limits, or
2) Declaration of Domicile filed with the city clerk
affirming residency within city limits.
What personal qualifications can you bring to this board or committee?
I sit on several committees at Raymond James and am adept at providing constructive
feedback and working with people of diverse backgrounds and viewpoints. I am an
experienced leader, consensus builder, and public speaker.
List Community Activities
Question applies to multiple boards
Question applies to multiple boards
Are you related to any member of the City Council?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
N/A
Question applies to multiple boards
Are you related to a city employee?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
N/A
Demographics
Some boards and commissions require membership to be racially, politically or
geographically proportionate to the general public. The following information helps
track our recruitment and diversity efforts. (Optional)
Homeless Empowerment Program Youth Volunteer Corp., Junior Achievement of Tampa Bay,
GFWC Clearwater Junior Woman's Club.
2024_Resume__EF_.pdf
Erina S Ford
Date of Birth
Ethnicity
Caucasian/Non-Hispanic
Gender
Female
The City of Clearwater strives to promote diversity and provide reasonable
accommodations for individuals with disabilities. If you are requesting
accommodation, please indicate below:
By clicking on "I Agree," below, I affirm that the information above is true
and correct, and that I understand and agree to the responsibilities and
commitment of time associated with an appointment to a Clearwater
advisory board or committee.
I Agree
All material submitted to the City of Clearwater is subject to the public records law of
the State of Florida including Chapter 119, Florida Statutes.
04/08/1982
Erina S Ford
Erina Ford Resume
Page 1 of 2
ERINA S. FORD, CFA®, CAIA®
Clearwater, FL / (727) 255-3676 / esford82@gmail.com
SUMMARY
Dynamic leader with more than 17 years of financial industry experience. Expertise in investment analysis across a multitude of
strategies and vehicles, public speaking, setting strategy, and leading diverse teams. Current national co-chair of the Raymond James
Women’s Inclusion Network, the firm’s largest associate inclusion network focused on supporting the professional development of
women at Raymond James.
EXPERIENCE
RAYMOND JAMES FINANCIAL St. Petersburg, FL
VP, Investment Products Research & Support May 2021 – Present
Director, Mutual Fund Research July 2017 – May 2021
Oversee investment research for mutual funds, ETFs, and UCITs vehicles available at Raymond James; three product areas with
combined assets under administration of more than $500 Billion
Lead a team of 15 professionals responsible for maintaining the firm’s recommended funds lists, comprised of approximately 150
strategies with more than $80 Billion in assets
Manage department budget and set strategic direction for Mutual Fund & ETF Research
Determine policies and procedures for platform approval of open-end mutual funds, ETFs, and UCITs covering domestic equity,
global and international equity, fixed income, and alternative strategies
Edit and approve written fund research, marketing reports, due diligence, and white papers
Frequent speaker at internal and external events (i.e., national and regional meetings, conferences, committees and councils.)
Member of the Qualified Retirement Plan Investment Committee, Institutional Fiduciary Solutions Investment Committee,
Charitable Endowment Fund Investment Committee, and the firm’s Sustainable Investments Advisory Council.
Selected by the firm’s Executive Committee to co-lead the Raymond James Women’s Inclusion Network for 2023 – 2025
Senior Research Analyst, Alternative Investments Group August 2010 – July 2017
Acted as an integral part of a seven-person team that provided research analysis for a diverse alternative investments platform with
over $6 billion in assets under administration across more than 75 products, including hedge funds, private equity, venture capital,
real estate, structured products, and alternative mutual funds
Performed detailed qualitative and quantitative analyses on products considered for addition to the platform, including conducting
performance, ratio, and risk analyses; assessing the experience of the management team; analyzing the sustainability and
repeatability of the investment process; investigating the sources of investment returns; analyzing the timeliness and effectiveness
of the investment theme; and assessing the firm’s overall business and operational strength
Participated in monthly meetings with Raymond James’ CEO, Chairman of the Board, and other senior executives to present new
alternative investments products for approval
Prepared written financial communication, including new investment recommendation memos, ongoing due diligence reports, and
quarterly industry and fund commentary
Utilized industry contacts, hedge fund databases, and the firm’s employees and financial advisors to continually source and research
new managers for potential platform inclusion
Selected by senior management to a team leading efforts to integrate an alternative suite of products with over $5 billion in assets
under administration following a strategic acquisition by Raymond James
Created and successfully implemented a process for reviewing and vetting alternative mutual funds, including authoring strategy
specific questionnaires and spearheading all of the operational, marketing, and compliance initiatives
Structured Products Analyst Aug. 2008 – Aug. 2010
Sourced new investment ideas for a product line that is responsible for half of the Alternative Investments Group’s annual sales
Communicated regularly with issuing firms to structure new offerings and obtain the most favorable terms for our clients
Interacted daily with financial advisors as a main education and marketing contact for structured products offerings
Managed the suitability review, trading, and execution processes for monthly sales that averaged in excess of $10 million
Erina Ford Resume
Page 2 of 2
EXPERIENCE (Cont.)
RAYMOND JAMES FINANCIAL St. Petersburg, FL
Operations Specialist Nov. 2006 – Aug. 2008
Processed investment documents and managed the movement of funds between Raymond James and various hedge funds
Successfully led the operational launch of numerous products on the Raymond James Alternative Investments platform
Created written procedures for existing operational processes covering all of the strategies and products on the platform
EDUCATION
HARDING UNIVERSITY Searcy, AR
B.B.A., International Business; summa cum laude (3.90 GPA)
International Students Society; Co-founder and Activities Director
International Business Society; Executive Committee
ADDITIONAL
Women’s Inclusion Network National Co-Chair (2023 – 2025)
Recognized by Citywire as one of the Most Influential Women in Due Diligence (2021-2024)
GFWC Clearwater Junior Woman’s Club: President (2012); VP (2010 and 2011); International Outreach Chair (2009 – 2011)
Chartered Financial Analyst and member of the CFA Society of Tampa Bay
Chartered Alternative Investments Analyst
FINRA General Securities License (Series 7)
Languages: English (Full Professional Fluency), Albanian (Native), Italian (Conversational Fluency)
Submit Date: Apr 05, 2024
First Name Middle
Initial
Last Name
Email Address
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Advisory Boards Application
Profile
Length of Residency - please select one. *
1 to 5 years
Do you own or represent a business in Clearwater?
Yes No
If yes, where is the business located? Do you conduct business with the City?
Which Boards would you like to apply for?
Environmental Advisory Board: Submitted
Occupation - If retired, enter former occupation.
NA
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
My grandpa Jack Donlan was mayor of Clearwater and President of the Bellair Country Club
I’d like to follow his community involvement.
Sonja Jokela
sonja.jokela@gmail.com
1406 Hamlet Ave APT 5
Clearwater FL 33756
Home: (847) 651-5127
Cushman & Wakefield Lease Analyst
Sonja Jokela
Please attach a copy of one of the following
documents: 1) valid current Florida Driver
License issued to an address within city limits, or
2) Declaration of Domicile filed with the city clerk
affirming residency within city limits.
Date of Birth
What personal qualifications can you bring to this board or committee?
A part of save the Boundary Waters Campaign in Ely, MN.
List Community Activities
Question applies to multiple boards
Are you related to any member of the City Council?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
NA
Question applies to multiple boards
Are you related to a city employee?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
NA
Demographics
Some boards and commissions require membership to be racially, politically or
geographically proportionate to the general public. The following information helps
track our recruitment and diversity efforts. (Optional)
Ethnicity
Caucasian/Non-Hispanic
Gender
Female
McMullen Tennis Group, First Christian Church, Weekends part-time valet on Clearwater
Beach
Resume_2023.12.pdf
Upload a Resume
Question applies to multiple boards
IMG_20240405_0001.pdf
03/27/1992
Sonja Jokela
The City of Clearwater strives to promote diversity and provide reasonable
accommodations for individuals with disabilities. If you are requesting
accommodation, please indicate below:
NA
By clicking on "I Agree," below, I affirm that the information above is true
and correct, and that I understand and agree to the responsibilities and
commitment of time associated with an appointment to a Clearwater
advisory board or committee.
I Agree
All material submitted to the City of Clearwater is subject to the public records law of
the State of Florida including Chapter 119, Florida Statutes.
Sonja Jokela
Sonja Jokela
sonja.jokela@gmail.com www.linkedin.com/in/sonjajjokela (847) 651-5127
Professional Experience:
Cushman & Wakefield
Lease Administrator (Hybrid) Temple Terrace, FL 08/2022-Present
-Provided team members with role-based insight to facilitate vendors needs efficiently and timely.
-Communicated with vendors through preferred method of delivery either mail, email, or phone.
-Created an organized system in Gmail to facilitate the prioritization of tasks that need completion.
-Analyzed vendors information in MRI Tririga, PeopleSoft, ERP, SAP, and Excel spreadsheets.
-
Micro Center
Customer Service Representative Minneapolis, MN 11/2021 - 07/2022
-Collaborated with department experts to provide customers with detailed product suggestions.
-Developed extensive knowledge on items to BYO-PC, laptops, Raspberry Pi, and accessories.
-Explained the complexities of software/hardware malfunction to apply an extended warranty.
-Enhanced customers’ experience by updating their account to assist in tracking purchase history.
JLL
Assistant Property Manager Minneapolis, MN 02/2022-06/2022
-Completed weekly check runs including uploaded and coded invoices split between six buildings.
-Connected with over 15 on-site tenants to update comprehensive records & audit access cards.
-Established a foundation for insurance compliance from 0% to 30% with tenants and vendors.
-Created an Instagram account with weekly post of new owner’s multi- million renovation project.
CBRE
Associate Real Estate Accountant (Hybrid) Minneapolis, MN 11/2021- 01/2022
-Participated with PMs to set year end budget with regular resolves for three complex properties.
-Completed daily reporting activities, weekly check runs, & monthly accrual workbooks.
-Assigned journal entries with reclass & accrual in compliance with the general ledger balance.
-Utilized portals for bill payments by bank wire transfers in with available bank balances.
Master & Dynamic
Associate Accounting & Operations (Remote) New York, NY 05/2021-08/2021
-Utilized NetSuite to process sales orders, return entries, credit memos, invoices, & payment.
-Reconciled collections from AR Aging Report for payments terms, & receipt irregularities.
-Provided daily to customer order fulfillment request discrepancies through Amazon 1P & 3P.
Education:
College of Lake County Vernon Hills, IL Spring 2021
BUS 213-800 Principles of Professional Selling
Trinity International University Bannockburn, IL Graduated 2019
Bachelor of Arts, Accounting
College of Lake County Vernon Hills, IL Graduated 2016
Associate of Arts, Business
Accomplishment:
“According to Option # 4 of the 150 hour requirement, I am pleased to report that
you meet the educational requirements that were effective January 1, 2019 to become a
CPA in Illinois.” – Russ Friedewald, Executive Director IBOE
Submit Date: Apr 01, 2024
First Name Middle
Initial
Last Name
Email Address
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Advisory Boards Application
Profile
Length of Residency - please select one. *
6+ years
Do you own or represent a business in Clearwater?
Yes No
If yes, where is the business located? Do you conduct business with the City?
Which Boards would you like to apply for?
Environmental Advisory Board: Submitted
Occupation - If retired, enter former occupation.
Vision coach
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
Patricia Kirby
trishakirby11@gmail.com
1111 Spencer Ave.
Clearwater FL 33756
Home: (727) 445-1069
Naturally Clear VisionInstitute Vision Coach
Patricia Kirby
Please attach a copy of one of the following
documents: 1) valid current Florida Driver
License issued to an address within city limits, or
2) Declaration of Domicile filed with the city clerk
affirming residency within city limits.
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
I have a desire to see the city as healthy and environmentally balanced as possible, with
citizens taking an active and proactive (rather than reactive) role in maintaining the health
and well-being of our city, through direct actions of conscious care for the environment,
outreach, education city-collaborative efforts, and other means. I helped save over 4,000
trees last year and would like to be involved on a more direct level and be part of positive
proactive solutions for environmental concerns, rather than reactive efforts after damage
has been done. i also have a genuine and un-biased (no ulterior motives, no agendas, no
side-profit goals) wish to see people more involved in their communities in constructive
rather than negative (complaining) ways.
What personal qualifications can you bring to this board or committee?
Education and discernment, critical thinking skills (Master's degree, primary studies in
Anthropology and international relations/diplomacy) Former federal park ranger for 8 years:
Southwest, Pacific Northwest, West Coast of US Former federal forest ranger Environmental
advocacy experience on Capitol Hill in Tallahassee Environmental advocacy experience on
Capitol Hill in Washington DC Environmental Artist University-trained in conflict resolution
and collaboration Politically moderate Dedication, authenticity and integrity Creative
problem solving skills
List Community Activities
Question applies to multiple boards
Are you related to any member of the City Council?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
none
I attend all the Clearwater Neighborhood Coalition meetings and will be representing my
unincorporated neighborhood area At this time, I am actively assisting residents in
maintaining a vibrant and healthy citywide tree canopy through information and education
completely as a volunteer Encouraging city citizens to be informed and actively participate
in positive ways in the city Volunteered at neighborhood block party event with setup and
helping neighbors upon arrival. Volunteered with multiple animal rescues to foster kittens
and owner-surrendered pets that had landed in kill shelters, helped at adoption events
Former Sierra Club Excom Vice Chair Assisting artists at outdoor fairs and events Multiple
advocacy trips to Tallahassee and Washington DC to advocate for various environmental and
animal causes Longtime (30 years) ESOL education volunteer with Pinellas County Schools
Volunteer horse trainer
Patricia_Kirby_Resume_2024.docx
Upload a Resume
Question applies to multiple boards
Patricia_Kirby_Driver_License_2020.pdf
Patricia Kirby
Date of Birth
Question applies to multiple boards
Are you related to a city employee?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
none
Demographics
Some boards and commissions require membership to be racially, politically or
geographically proportionate to the general public. The following information helps
track our recruitment and diversity efforts. (Optional)
Ethnicity
Caucasian/Non-Hispanic
Gender
Female
The City of Clearwater strives to promote diversity and provide reasonable
accommodations for individuals with disabilities. If you are requesting
accommodation, please indicate below:
By clicking on "I Agree," below, I affirm that the information above is true
and correct, and that I understand and agree to the responsibilities and
commitment of time associated with an appointment to a Clearwater
advisory board or committee.
I Agree
All material submitted to the City of Clearwater is subject to the public records law of
the State of Florida including Chapter 119, Florida Statutes.
10/06/1967
Patricia Kirby
Patricia Kirby
1111 Spencer Ave.
Clearwater, FL 33756
Trishakirby11@gmail.com
Employment:
2019 – Present: Naturally Clear Vision Institute (Holistic Vision), vision
coach, administration, teaching
2002 – 2019: Environmental Protection Agency: Independent
contractor, grant reviewer for national headquarters annual
environmental education grants ($3MM).
2002 – 2009: Congressionally-funded nonprofits Farm Pilot Project
Coordination (environmentally friendly solutions to large-scale farm
waste impacting local areas, streams etc); VetConnect (helping
disabled veterans especially those injured through special forces/ops
assignments) and Enable America (assisting disabled individual
accessibility). Administration and accounting.
1999 – 2001: Massage Magazine: Professional journalist, editing and
writing articles for trade publication for health professionals.
1992 – 1999: National Park Service: Park Ranger and Naturalist at
Point Reyes National Seashore, California; San Juan Islands National
Monument, Washington; Olympic National Park, Washington; Tongass
National Forest, Alaska; Zion National Park, Utah; and Glen Canyon
National Recreation Area; Utah.
Education:
Master of Liberal Arts, University of South Florida
Bachelor of Arts: Economics and German, University of South Florida
Bilingual: English and German.
Artist Resume:
November 2009 – 11:11 Event: Exhibit of acrylic paintings at First Unity
Church in St. Petersburg, Florida with New York visionary artist Alex
Grey and 15 local artists.
2008 – Watercolor flower illustrations for book about the 38 Bach
Flower Remedies
1992 – 1999: Scientific illustration artwork of wildlife, landscapes and
plants for the federal government – National Park Service. Line art and
watercolor artwork for official park publications.
Grand Prize Winner: Goethe Institute international art design
competition, all expenses paid trip to study in Europe for two months
at the Goethe Institute language school.
Submit Date: Apr 04, 2024
First Name Middle
Initial
Last Name
Email Address
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Advisory Boards Application
Profile
Length of Residency - please select one. *
1 to 5 years
Do you own or represent a business in Clearwater?
Yes No
If yes, where is the business located? Do you conduct business with the City?
Which Boards would you like to apply for?
Environmental Advisory Board: Submitted
Occupation - If retired, enter former occupation.
Air Quality Expert
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
As an environmental expert in air quality, I think I can provide some value and would like to
serve my community.
Michael Rubino
michael@changetheairfoundation.org
2364 Terence Ct
Clearwater FL 33759
Mobile: (908) 692-7366
HomeCleanse Chairman of the Board
Michael Rubino
Please attach a copy of one of the following
documents: 1) valid current Florida Driver
License issued to an address within city limits, or
2) Declaration of Domicile filed with the city clerk
affirming residency within city limits.
Date of Birth
What personal qualifications can you bring to this board or committee?
I have several years of board experience as a co-founder of Change the Air Foundation where
I currently reside as board chairman. I am a council-certified microbial remediation
supervisor that requires 10 years of experience dealing with environmental cleanup. I have a
nationwide for-profit environmental services entity called HomeCleanse where I currently
reside as chairman of the board.
List Community Activities
Question applies to multiple boards
Are you related to any member of the City Council?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
N/A
Question applies to multiple boards
Are you related to a city employee?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
N/A
Demographics
Some boards and commissions require membership to be racially, politically or
geographically proportionate to the general public. The following information helps
track our recruitment and diversity efforts. (Optional)
Ethnicity
Caucasian/Non-Hispanic
Gender
Male
I have lived in clearwater since October of 2022, this would be my first community activity I
would be a part of.
Curriculum_Vitae_of_Michael_Rubino__7_.pdf
Upload a Resume
Question applies to multiple boards
09/28/1988
Michael Rubino
The City of Clearwater strives to promote diversity and provide reasonable
accommodations for individuals with disabilities. If you are requesting
accommodation, please indicate below:
By clicking on "I Agree," below, I affirm that the information above is true
and correct, and that I understand and agree to the responsibilities and
commitment of time associated with an appointment to a Clearwater
advisory board or committee.
I Agree
All material submitted to the City of Clearwater is subject to the public records law of
the State of Florida including Chapter 119, Florida Statutes.
Michael Rubino
1712 Ginesi Drive,Suite 1
Freehold,NJ 07728
(888)668-6653
Michael@HomeCleanse.com
Curriculum Vitae of Michael Rubino,CMRS
SUMMARY/OVERVIEW
Michael Rubino is board certified by the ACAC as a Certified Microbial Remediation
Supervisor,carrying mold remediation licenses in New York,Florida,Louisiana,and
Texas.He is an air quality expert who helps bridge the gap between the air in our homes
and its direct impact on our health.Rubino works with over 10,000 doctors globally to
not only raise awareness but also provide solutions to correctly identify and remove the
pollutants causing this global health crisis.As President of HomeCleanse,he has been in
business and performing remediation since July of 2013.He is a council-certified Mold
Remediator by IICRC and ACAC and is a contributing member,sponsor,and speaker for
the Indoor Air Quality Association.In December of 2020,he became author of The Mold
Medic:An Expert’s Guide on Mold Removal.
To date,he has been the direct manager of over 1,000 projects across the United States
for purposes of microbial remediation and water mitigation.
LICENSING/CERTIFICATIONS
Council-certified Microbial Remediation Supervisor,American
Council for Accredited Certification,Since 2022
Council-certified Microbial Remediator,American Council for
Accredited Certification,Since 2014
Institute of Inspection Cleaning and Restoration Certification
Certified Firm,All American Restoration,Since 2017
Licensed New Jersey Home Improvement Contractor,Since 2017
Licensed Pennsylvania Home Improvement Contractor,Since 2018
Licensed Connecticut Home Improvement Contractor,Since 2019
Licensed New York Mold Remediation Contractor,Since 2017
Licensed Florida Mold Remediation Contractor,Since 2019
Licensed Louisiana Mold Remediation Contractor,Since 2021
Licensed Texas Mold Remediation Contractor,Since 2021
EXPERIENCE
JMC CONTRACTING CORP,New York New York -June 2013 to May 2017
Microbial Remediation Supervisor
●Inspected homes and buildings utilizing third party inspection reports
and laboratory data to create a scope of work.
●Informed clients and tenants of microbial hazards and the worksite plan
to ensure worksite safety for the duration of the project.
●Supervised the scope of work for accuracy,efficacy,and safety for
employees and occupants of the homes and buildings.
●Worked with third party consultants to ensure the space was brought back
to a normal ecology at project completion.
HomeCleanse LLC,Freehold New Jersey -May 2017 to Present
Founder and Chairman
●Train teams of consultants to analyze inspection reports to ensure we
have enough data to safely and confidently restore homes and buildings
back to a normal ecology.
●Train teams of consultants to develop scopes of work off of adequate
inspection reports and laboratory data to create safer environments for
our clients.
●Train teams of project managers to supervise projects from start to
finish for accuracy,efficacy,and safety for employees and occupants of
the homes and buildings.
●Train educators in our educational facility to train our staff on our
process aimed at correctly and effectively removing mold,bacteria and
its byproducts from water damaged homes and buildings.
RECENT HISTORY OF LITIGATION SUPPORT/EXPERT WITNESS
DOUGLAS POSLUSZNY,both individually and as Guardian Ad Litem for his minor
children,RYAN POSLUSZNY,and infant,and ANDREW POSLUSZNY,and infant,and
MICHELLE POSLUSZNY vs INDOOR AIR SPECIALISTS,LTD.and BRUCE JAZWINSKI and
BRUCE
JAZWINSKI,JR.
Docket No.BER-L-006219-19,SUPERIOR COURT OF NEW JERSEY LAW DIVISION:BERGEN
COUNTY
Nature of Case:Breach of Contract,Breach of the Implied Covenant of Good Faith
and Fair Dealing,Unjust Enrichment,Negligence,Violation of the New Jersey
Consumer Fraud Act and Home Improvement Practices,Nuisance,Common Law Fraud,
Negligent Misrepresentations,Alter Ego/Piercing the Corporate Veil.
WESLEY JONES and LINDSEY JONES,Individually and as next of kin of JAGGER JAMES
JONES,JET AMOS JONES,and ELLIE CAPRI JONES Minors vs UNITED WATER
RESTORATION GROUP OF GREATER HOUSTON,UNITED WATER RESTORATION GROUP,
INC.,AND LONE STAR PRO SERVICES
Cause No.21-04-05449,District Court Montgomery Texas:457th Judicial District
Court
Nature of Case:Negligence,Gross Negligence,Breach of Contract,Breach of
Express Warranty.
S.J.,T.J.,and S.L.J.,minors,by their Guardian ad Litem,LINDSEY JOHNSON;
SCOTT JOHNSON and LINDSEY JOHNSON,vs LENDLEASE (US)PUBLIC PARTNERSHIPS
LLC,ATLANTIC MARINE CORPS COMMUNITIES LLC,and AMCC PROPERTY MANAGEMENT
LLC,
Cause No.7:21-cv-00188-D,IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN
DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION
Nature of Case:Unfair and Deceptive Trade Practices,Violation of the North
Carolina Residential Rental Agreements Act,Negligence,Breach of Contract,
Private Nuisance,Punitive Damages.
Benjamin Maggio vs FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES,and
C-BB MANAGEMENT,LLC,
Cause No.502019CA015230XXXXMB,IN THE CIRCUIT COURT OF THE 15TH JUDICIAL
CIRCUIT IN AND FOR PALM BEACH COUNTY,FLORIDA
Nature of Case:Negligence
PROFESSIONAL AFFILIATIONS
Member and Speaker of Indoor Air Quality Association (IAQA)-2015 to Present
Author of The Mold Medic:An Expert’s Guide on Mold Removal -2020 to Present
Chairman,Change the Air Foundation (CTA)-2021 to Present
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0439
Agenda Date: 4/15/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Clerk
Agenda Number: 8.2
SUBJECT/RECOMMENDATION:
Appoint an individual to the Community Development Board to fill the remainder of an unexpired
term through February 28, 2026.
SUMMARY:
BOARD: Community Development Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Yes
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7 & 1 alternate
CHAIRPERSON: TBD
MEETING DATES: 3rd Tues., 1:00 p.m.
PLACE: Main Library
APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS: Per the Clearwater Community Development Code, Section
5-202, the City Council shall "shall seek a membership with diverse economic, social and
professional representation and shall include members qualified and experienced in the fields
of architecture, planning, landscape architecture, engineering, construction, planning and land
use law and real estate."
THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED WHICH NOW
REQUIRES A NEW APPOINTMENT:
1.Bruce Rector - 800 S Gulfview Blvd, #303, 33767 - Corporate General Counsel
Original Appointment: 2/17/2022
Resigned - elected to council.
THE FOLLOWING APPLICANTS MEET THE DESIRED QUALIFICATIONS AND ARE
BEING RECOMMENDED TO FILL THE ABOVE VACANCIES:
1.Luis Serna - 2819 Anderson Dr S, 33761 - Planning Consultant
2.Charles Uslander - 2076 Sunset Point Rd, #143, 33765 - Construction Project
Manager
THE FOLLOWING APPLICANTS DO NOT MEET THE DESIRED QUALIFACATIONS BUT
ARE LOOKING FOR CONSIDERATION:
1.William (Bill) Jonson - 2694 Redford Court W, 33761 - Retired Project Manager &
Elected Representative
Page 1 City of Clearwater Printed on 4/10/2024
File Number: ID#24-0439
2.Jessica Martin - 3003 Saint John Drive, 33759 - Real Estate Investor
3.Michael Mastruserio - 30 Turner Street, 33756 - Promotion/Marketing Sales, VP
Zip Codes of current members:
3 at 33759
1 at 33761
1 at 33764
2 at 33767
Current categories:
Real Estate Developer
Sr. Project Administrator
Engineer
Construction/Real Estate
Real Estate Broker/Developer
Real Estate Law
Civile Engineer
Page 2 City of Clearwater Printed on 4/10/2024
Submit Date: Apr 05, 2024
First Name Middle
Initial
Last Name
Email Address
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Advisory Boards Application
Profile
Length of Residency - please select one. *
6+ years
Do you own or represent a business in Clearwater?
Yes No
If yes, where is the business located? Do you conduct business with the City?
N/A
Which Boards would you like to apply for?
Community Development Board: Submitted
Occupation - If retired, enter former occupation.
Planning Consultant
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
N/A
Luis N Serna
lnserna@gmail.com
2819 Anderson Drive South
Clearwater FL 33761
Home: (850) 556-5357 Business: (727) 394-3825
Calvin, Giordano &Associates, Inc.Planning Director
Luis N Serna
Please attach a copy of one of the following
documents: 1) valid current Florida Driver
License issued to an address within city limits, or
2) Declaration of Domicile filed with the city clerk
affirming residency within city limits.
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
I would like to become more active in the community and would like to use my knowledge
and experience in city planning to help promote and improve the community.
What personal qualifications can you bring to this board or committee?
I have been a professional city planner for over 30 years. I am a LEED Accredited
Professional in Building Design and Construction. I am an avid runner and cyclist who would
like to promote the planning of facilities serving these activities. I have knowledge about
what factors promote a vibrant and successful community.
List Community Activities
Question applies to multiple boards
Are you related to any member of the City Council?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
N/A
Question applies to multiple boards
Are you related to a city employee?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
N/A
Demographics
I completed Clearwater Citizens Academy in 2023. I currently serve on the Foward Pinellas
Citizens Advisory Committee. I previously served on the Clearwater Complete Streets
Advisory Committee. I am a volunteer with Ready for LIfe Pinellas which serves youth who
have aged out of the foster care system.
LuisNSerna_Resume.pdf
Upload a Resume
Question applies to multiple boards
LNSerna_Voters.pdf
Please attach a copy of your current voter
registration within city limits.
Question applies to multiple boards
LNSerna_DL.pdf
Luis N Serna
Date of Birth
Some boards and commissions require membership to be racially, politically or
geographically proportionate to the general public. The following information helps
track our recruitment and diversity efforts. (Optional)
Ethnicity
Hispanic
Gender
Male
The City of Clearwater strives to promote diversity and provide reasonable
accommodations for individuals with disabilities. If you are requesting
accommodation, please indicate below:
None
By clicking on "I Agree," below, I affirm that the information above is true
and correct, and that I understand and agree to the responsibilities and
commitment of time associated with an appointment to a Clearwater
advisory board or committee.
I Agree
All material submitted to the City of Clearwater is subject to the public records law of
the State of Florida including Chapter 119, Florida Statutes.
10/29/1964
Luis N Serna
Luis N. Serna, AICP, LEED AP BD+C 2819 Anderson Drive South Clearwater, Florida 33761 850-556-5357 www.linkedin.com/in/LuisNSerna E-mail: LNSerna@gmail.com
SUMMARY OF QUALIFICATIONS:
Over 30 years of experience in land planning consultation for public and private sector
clients. Extensive experience in all aspects of local government Comprehensive Planning and permitting. LEED Accredited Professional in Green Building Design and Construction. PROFESSIONAL EXPERIENCE:
Calvin, Giordano & Associates, Inc.
Clearwater, Florida, September 2015 to Present:
Planning Director, Tampa Bay Region, responsible for the planning operations of the Tampa Bay office. Providing planning services to local governments including site plan and permit reviews; land development code and comprehensive plan updates; preparing neighborhood and special area plans; reviewing and preparing staff
recommendations on applications for rezoning, plan amendments, site plans,
development agreements, special exceptions, and variances. Providing planning consultant services to private clients including site feasibility and entitlement studies; preparation of land use amendments and rezoning applications; and consultation on special exceptions, variances, and other development applications. Wakulla County Department of Planning & Community Development,
Crawfordville, Florida, January 2012 to August 2015:
Director responsible for the daily operation of the Planning and Community Development Department. Represent the department at Planning Commission and County Commission meetings. Hold pre-application review meetings. Review planning and zoning applications including site plans, subdivisions, rezonings, and
Comprehensive Plan amendments. Coordinate the department's budget. Manage and
direct department staff. Administer policy provisions adopted by the Board of County Commissioners. Assist in strategic planning. Serve as liaison with State and Federal agencies on issues related to various housing programs. Work with the Chief Building Official as needed regarding code enforcement and building code requirements.
Oversee administration of the Comprehensive Plan and Land Development Code by
providing technical planning information to the public, the Planning Commission, and the Board of County Commissioners. Developed overlay zoning district for Crawfordville, and began implementation of a tax increment financing district for this community.
GPI Southeast, Inc. (Formerly Varnum & Associates, Inc.), Tallahassee, Florida, October 2001 to July 2011: Land Planner responsible for project management, planning consultation, and zoning and environmental permitting approvals. Conduct development feasibility and site
analyses for zoning and comprehensive plan compliance. Develop neighborhood,
subdivision, and site development plans for public and private sector clients. Serve as expert witness in matters pertaining to Land Development Code and Comprehensive Plan implementation. Prepare planning analyses for eminent domain right-of-way takings. Assist small communities secure grant funds for planning and infrastructure
projects.
Vertical Solutions, LLC/Big Bend Towers, Tallahassee, Florida, July 2000
to October 2001:
Land Planner responsible for project management and zoning and permitting approvals
for telecommunications towers. Managed local government review and approval process for wireless services providers, and prepared application packages for local zoning and site and development plan reviews. Presented applications at public hearings and conducted neighborhood meetings for proposed tower sites when
necessary.
Leon County Department of Community Development, Tallahassee, Florida, October 1997 to July 2000: Development Review Administrator responsible for the county’s land use administrative functions. Supervised a staff of professional planners and served as lead
staff person on matters pertaining to current planning. Evaluated and prepared
amendments to land development regulations as needed. Leon County Department of Community Development, Tallahassee,
Florida, June 1996 to October 1997: Development Review Coordinator responsible for the county’s technical review, processing and management of subdivision and site development plan applications. Developed a permitting manual on the county’s development review process and managed review of the county’s permitted use verification certificates. St. Lucie County Department of Community Development, Fort Pierce, Florida, May 1990 to June 1996:
Economic Development and Land Use Planner responsible for the completion of an economic base study and economic plan to promote economic development in St. Lucie
County. Responsible for coordination of reviews and served as support staff for 13-member project steering committee. Developed budget and completed quarterly financial reports for grant funding. Reviewed site plans. Prepared and evaluated amendments to the Comprehensive Plan and Land Development Code.
EDUCATION:
1990 Graduate Studies in Urban and Regional Planning, University of Miami, Coral Gables, Florida 1987 B.S. in Economics with an emphasis in Economics of Industry, Florida State University, Tallahassee, Florida 1987 Certificate of Planning Studies, Florida State University, Tallahassee, Florida
QUALIFICATIONS, REGISTRATIONS, AND CERTIFICATIONS:
American Institute of Certified Planners (AICP) Certification, Since 1997 (#013237)
LEED Accredited Professional – Building Design and Construction, Since 2008 Qualified Expert Witness in Florida
PROFESSIONAL AFFILIATIONS/COMMUNITY ORGANIZATIONS:
American Institute of Certified Planners American Planning Association South Walton Community Council
Forward Pinellas Citizens Advisory Committee City of Clearwater Complete Streets Advisory Committee U.S. Green Building Council, Florida Capital Area Chapter
Submit Date: Nov 02, 2023
First Name Middle
Initial
Last Name
Email Address
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Advisory Boards Application
Profile
Length of Residency - please select one. *
6+ years
Do you own or represent a business in Clearwater?
Yes No
If yes, where is the business located? Do you conduct business with the City?
2076 Sunset Point Rd #143,no business with City
Which Boards would you like to apply for?
Community Development Board: Submitted
Occupation - If retired, enter former occupation.
Self employed
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
Charles Uslander
uslander@gmail.com
2076 Sunset Point Rd Apt 143
Clearwater FL 33765
Mobile: (312) 889-2926
Little Eagle Associates LLC Managing Director
Charles Uslander
Upload a Resume
Please attach a copy of one of the following
documents: 1) valid current Florida Driver
License issued to an address within city limits, or
2) Declaration of Domicile filed with the city clerk
affirming residency within city limits.
Date of Birth
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
As a resident of Clearwater, FL since 2002, I am hoping to serve as a member on the
Clearwater Community Development Board. I feel that my technical depth in the
construction industry will combine with my desire to boost Clearwater to its world class
potential. I am personally in development here and feel that I have a good sense of the
interests of our community of stakeholders. I look forward to serving and helping to raise the
standard of planning and development in our city.
What personal qualifications can you bring to this board or committee?
I have experience in development, construction, structural design and project management
over a span of 35 years, including I would be able to provide insight and professional
experience with regard to decisions related to most issues concerning land use and
development. I am very dialed into the Comprehensive Plan and am a big proponent of
making Clearwater, my home for the past 22 years, a highly desirable magnet for a full
diversity of highly desirable development . This experience has been across the Chicago
regional market, a highly vibrant market in Northern Mexico and of course locally in Tampa
Bay.
List Community Activities
Question applies to multiple boards
Demographics
Some boards and commissions require membership to be racially, politically or
geographically proportionate to the general public. The following information helps
track our recruitment and diversity efforts. (Optional)
Ethnicity
Caucasian/Non-Hispanic
Gender
Male
Local volunteer groups from time to time. My current development projects are aimed
toward inclusion of AHD.
Charlie_Uslander_resume_20240331.pdf
Please attach a copy of your current voter
registration within city limits.
Question applies to multiple boards
Charles_Uslander_driver_license____voter_reg.pdf
03/03/1954
Charles Uslander
The City of Clearwater strives to promote diversity and provide reasonable
accommodations for individuals with disabilities. If you are requesting
accommodation, please indicate below:
By clicking on "I Agree," below, I affirm that the information above is true
and correct, and that I understand and agree to the responsibilities and
commitment of time associated with an appointment to a Clearwater
advisory board or committee.
I Agree
All material submitted to the City of Clearwater is subject to the public records law of
the State of Florida including Chapter 119, Florida Statutes.
Charles Uslander
March 31, 2024
RESUME
Charlie Uslander
2076 Sunset Point Road #143
Clearwater, FL 33765
uslander@gmail.com
EDUCATION
Lane Technical High School, Chicago, IL, Architecture, Graduated 1972. 4 yrs. Plan reading,
construction technology and architectural drafting.
University of Pennsylvania, College of Arts and Sciences (Architecture), Minor studies in Spanish
and Business. Emphasis in Design of the Environment, History of Art and Architecture. Graduated
1976
CAREER EXPERIENCE
Structomatic, Inc.
Structural engineering design Technician 1976 – 1977 Sales exec 1977 - 1978 General manager
1978 – 1984 CEO/owner 1984 – 1992 Served and ultimately owned wood truss metal connector
plate manufacturing company with nationwide sales. Responsible for all phases of servicing wood
truss and panel plants throughout the US. Intimate with all aspects of business, from metal
stamping, tool & die, structural engineering, sales, financial management, project planning,
customer service, marketing and HR.
Silver-Land, Inc.
Chief of Sales and Operations 1983 - 2000. Expanded sales and delivery (production) for national
bakery operation in Chicago. Built annual sales to $2.7MM. Did entire Development function for
acquisition and buildout of 25,000ft2 commercial bakery plant. Responsible for all phases of
business from production flow and processes through to sales and marketing. Intimate know-how in
manufacturing and industrial processes.
Little Eagle Associates LLC
Contractor/Developer/Consultant 2002 – present. Self-employed management consultant and
construction project manager. The following time line reflects the key activities of my consulting
company.
2002-2004 Chief project manager for Schmidt Construction Inc. in construction of luxury homes
of 5000-8000 ft2 in the Chicago market..
2004-5 Interim CEO for Engineered Structures Inc. a panelized rough framing company which
provided timber roof trusses floor trusses and wall panels for the construction of residential and
commercial buildings.
2005-2009 Director/Manager of concrete/masonry division for Peter Glazer Construction; office
centers, commercial buildings, public and private.
2018 -20 Acquisition, repair and rental/sale of condominiums and manufactured homes in
Tampa Bay. Highly experienced in acquisition, reno and sale of buildings as well as long term hold
and rent.
2009-present Management consulting for construction development in Torreon, Coahuila,
Mexico; Viñedos (losvinedos.com.mx), Construcción Senderos, DUROPAV S.A. de C.V. and others
including residential/commercial feasibility, pro-formas, construction management and fund raising
for development projects.
2023 - Current developer for 72 unit and 60 unit AHD projects in Clearwater.
SKILLS
Deep knowledge base in construction and industrial manufacturing processes.
I am a quick study in most technical areas with strong know- how in areas of construction and real
estate. I can prepare my own spreadsheets and correspondence.
LANGUAGES
I am adequately fluent in Spanish, written and verbal to conduct business matters.
oOo
Submit Date: Mar 26, 2024
First Name Middle
Initial
Last Name
Email Address
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Advisory Boards Application
Profile
Length of Residency - please select one. *
1 to 5 years
Do you own or represent a business in Clearwater?
Yes No
If yes, where is the business located? Do you conduct business with the City?
601 Pennsylvania Ave 33755
Which Boards would you like to apply for?
Community Development Board: Submitted
Occupation - If retired, enter former occupation.
see above
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
michael l mastruserio
mike.mastruserio@proforma.com
30 Turner St suite 302
Clearwater FL 33756
Mobile: (727) 262-9075 Business: (727) 441-1006
Proforma N & MCommunications VP of sales
michael l mastruserio
Upload a Resume
Please attach a copy of your current voter
registration within city limits.
Please attach a copy of one of the following
documents: 1) valid current Florida Driver
License issued to an address within city limits, or
2) Declaration of Domicile filed with the city clerk
affirming residency within city limits.
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
I want to be involved in our city future development ,especially downtown . I look forward to
city wide development to bring economic growth and making sure we are on the right path
to fulfilling the city comprehensive plan.
What personal qualifications can you bring to this board or committee?
A business operator in the city of clearwater with a passion for economic development to
bring balance of business and community for the betterment of the city.
List Community Activities
Question applies to multiple boards
Question applies to multiple boards
Question applies to multiple boards
Are you related to any member of the City Council?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
not related
Question applies to multiple boards
Are you related to a city employee?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
not related
Chamber boards, IECA BOARD, Downtown Merchant Association, Yes for Clearwater,
Downtown Partnership, Friends of the Dristrict.
Mike_Mastruserio_bio.docx
michael l mastruserio
Date of Birth
Demographics
Some boards and commissions require membership to be racially, politically or
geographically proportionate to the general public. The following information helps
track our recruitment and diversity efforts. (Optional)
Ethnicity
Caucasian/Non-Hispanic
Gender
Male
The City of Clearwater strives to promote diversity and provide reasonable
accommodations for individuals with disabilities. If you are requesting
accommodation, please indicate below:
By clicking on "I Agree," below, I affirm that the information above is true
and correct, and that I understand and agree to the responsibilities and
commitment of time associated with an appointment to a Clearwater
advisory board or committee.
I Agree
All material submitted to the City of Clearwater is subject to the public records law of
the State of Florida including Chapter 119, Florida Statutes.
11/15/1953
michael l mastruserio
Mike Mastruserio
Mike is Vice President of Marketing with Proforma N & M Communications. Based
out of Bellevue, KY, Mike has operated the business in the Florida region for the past
15 years. Mike has been in the marketing/promotion field for 40 years.
Mike provides promotion and marketing needs for hotels/resorts, restaurants, non-
profit organizations and local businesses in Clearwater and the Tampa Bay area.
Mike has been active on many local boards including the Board of Directors for the
Clearwater Beach Chamber and the Clearwater Regional Chamber, the board for
AMPLIFY Clearwater, and the Island Estates Civic Association board. He has served
on numerous committees including the golf outing committee for the Clearwater
Chamber, the golf outing committee for Charity Works, Taste Fest and Restaurant
Week for the Clearwater Beach Chamber and the Clearwater Downtown Partnership
committee. He served on the YES for Clearwater campaign and was instrumental in
the formation of The District on Cleveland Street in downtown Clearwater. He is
currently serving his second term as Deacon for Calvary Church.
Mike and his wife Pamela have 3 daughters and 7 grandchildren and live in Harbor
Oaks, Clearwater.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0424
Agenda Date: 4/15/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Clerk
Agenda Number: 8.3
SUBJECT/RECOMMENDATION:
Appoint Councilmembers to Regional and Miscellaneous Boards.
SUMMARY:
2024 Regional and Miscellaneous Board Appointment
Board (Date/Time of Meeting)Delegate
Audit Committee Aungst, Sr.
(Meets as required)Herb McLachlan, citizen
Lisa Burley
American Public Gas Association Teixeira
(Brian Langille - Gas)
(meet 4 times a year - move around the Country)
Barrier Island Governmental Council Beckman- Voting Del.
(4th Wednesday of the month - 9:00 a.m.; two-year term)Bunker - Alt.
Location: TBA (Meeting place rotates)
Clearwater Arts Alliance Teixeira
(4th Tuesday of the month - 4:00 p.m.)
Location: Johnson, Pope, Bokor, Ruppel & Burns, 911 Chestnut St., 33756
Courtney Campbell Scenic Highway Citizen Advisory Committee Bunker
(Quarterly on 3rd Friday of the month - 10:00 a.m.)
Homeless Leadership Alliance Beckman
(1st Friday of the month - 1:00 p.m.)
Location: Hospice of the Florida Suncoast on Roosevelt Blvd.
Mayor’s Council of Pinellas County Aungst, Sr. Rector
(1st Wednesday of the month - 11:30 a.m.)
Pinellas County Aircraft Noise Abatement Task Force Sean Schrader (At Large)
(Quarterly - 3:00 p.m.)Jerry Karp/Del Oro Groves
Location: St. Pete-Clearwater Int’l Airport - Conf. Room #234)
Page 1 City of Clearwater Printed on 4/10/2024
File Number: ID#24-0424
School Transportation Safety Committee Bunker
(Meet as needed - 9:30 a.m.)
Location: 600 Cleveland St., Suite 750
Suncoast League of Cities Board Beckman
(3rd Friday of the month - 11:30 a.m.)Teixeira- Alt.
Location: Different city every month
Tampa Bay Estuary Policy Board Beckman
(Quarterly on Friday - 10:00 a.m.)Bunker - Alt.
Councilmember highly recommended
Location: Tampa Bay Regional Planning Council, 4000 Gateway Centre,
Ste. 100, Pinellas Park
Tampa Bay Regional Planning Council (TBRPC)Teixeira
(2nd Monday - 10:00 a.m.)Bunker - Alt.
Location: Tampa Bay Regional Planning Council, 4000 Gateway Centre,
Ste.100, Pinellas Park
The following Boards have the specific term expiration date noted:
Board (Date/Time of Meeting)Delegate
Bicycle Advisory Committee (BAC)Chip Haynes
Advisory Committee to the MPO Robert Yunk
(4th Monday each month - 8:30 a.m.)Win Dermody
No seat terms Ric Hartman - Tech Support Rep.
Clearwater Representatives (appointments made by County)
Citizens Advisory Committee (CAC)Luis Serna
Advisory Committee to the MPO Bill Jonson
(4th Thursday each month - 7:00 p.m. - 4 year term)
Clearwater Representatives (appointments made by County)
Forward Pinellas Allbritton
MPO/PPC - (2nd Wednesday of the month - 1:00 p.m.)
(term expires 9/30/25; four-year term)
Location: P.C. Courthouse, 5th Floor
Pension Advisory Committee (PAC)
(2nd Thursday - 9:00 a.m.)
(two-year term)Teixeira
4/4/2026
Bunker
4/4/2023
Pension Investment Committee Sheldon Goldberg
(term expires 8/31/22; two-year term)(Resigned 11/19/21)
Page 2 City of Clearwater Printed on 4/10/2024
File Number: ID#24-0424
Note- Pension Trustees will fill vacancy at April 15, 2024 meeting.
Pinellas Suncoast Transit Authority (PSTA)Allbritton
(4th Wednesday of the month - 9:00 a.m.)
(term expires 9/30/24; three-year term)
Location: PSTA, St. Petersburg
Sister Cities Advisory Board Teixeira
(term expires 4/30/26; four-year term)
Appointments by other entities:
Florida League of Mayors Aungst, Sr. Rector
Tourist Development Council Rector
(City Council makes recommendation/County makes appointment)
(term expires 10/31/24; four-year term)
Note - Council appointed Mayor Rector - April 4, 2024 council meeting.
WorkNet Pinellas Board *Beckman
(Quarterly - 11:45 a.m.)
Location: EpiCenter in Clearwater
*8/8/13 - Per Diana Day, Adm. Asst., WorkNet Pinellas Board, an elected official is no longer a
requirement & there’s no term expiration. Currently councilmember Kathleen Beckman is a
non-voting committee member and has the option to attend this board.
Page 3 City of Clearwater Printed on 4/10/2024
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0422
Agenda Date: 4/15/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Attorney
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Approve a Legal Services Agreement between the City and Manson Bolves Donaldson Tanner,
P.A. for the legal representation in the matter of Bayesplanade.com, LLC v. City of Clearwater -
24-001035-CI, in an initial amount not to exceed $25,000 and authorize the appropriate officials
to execute same. (consent)
SUMMARY:
This is an action to quiet title, meaning a legal proceeding to determine ownership of real
property. The plaintiff alleges he has superior title of the property in question, Block 87 lying
south of Bay Esplanade Avenue claiming it was submerged in 1926 when the property was
conveyed. Currently, the land is being occupied by the Clearwater Beach Recreation Complex,
owned, and operated by the City. A prior case involving the same parties found that the City had
superior title to the land lying south of Bay Esplanade. The plaintiff is asserting a new legal
theory to contest ownership of said land based on a judgement in 2018 between the plaintiff
and the state.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109600-530100, Professional Services, to fund this
agreement.
Page 1 City of Clearwater Printed on 4/10/2024
Manson Bolves Donaldson Tanner Attorneys at Law
Tampa Tallahassee West Palm Beach 109 North Brush Street, Suite 300 • Tampa, FL 33602 • Tel: 813.514.4700 • Fax: 813.514.4701 www.MansonBolves.com
Integrity. Intelligence. Diligence
April 2, 2024
Michael Fuino Senior Assistant City Attorney City of Clearwater
600 Cleveland Street, Suite 600
Clearwater, FL 33755 Re: Bayesplanade.com, LLC v. City of Clearwater – 24-001035-CI
Dear Michael:
Thank you for choosing Manson Bolves Donaldson Tanner, P.A. to serve as counsel for the above-named matter. This will serve as a proposal of the terms under which our firm will provide legal services to you regarding the above. This letter is intended to briefly explain our
billing practices and procedures.
This retainer agreement does not assume the initiation of any litigation or administrative proceedings before the division of administrative hearings. If such action is necessary or recommended we will meet with the client for the purpose of discussing the options available and
the cost of pursuing those options. Our fees will be based upon the ethical rules governing our practice. The amount of our statement will be the fair value of the services provided taking into account the time spent by the lawyers involved, the type of service we are being asked to perform, any special level of expertise
required, the size and scope of the matter, the results obtained, and other relevant considerations. The hourly attorney rate charged will be $275.00/hour and $125.00/hour for Paralegals. Other lawyers, law clerks, and legal assistants of our firm may participate in the representation to the extent appropriate. We use associates and paralegals whenever advisable so we can provide
legal services more economically. I also ask for a retainer fee in the amount of $25,000.00 be sent to the firm, which may be applied to outstanding statements. In that event, you will be asked to replenish the retainer. It is our policy to provide you the most effective support systems available, while at the
same time allocating the costs of such systems in accordance with the usage of the services by
Tampa Tallahassee West Palm Beach 109 North Brush Street, Suite 300 • Tampa, FL 33602 • Tel: 813.514.4700 • Fax: 813.514.4701 www.MansonBolves.com
Integrity. Intelligence. Diligence
individual clients. Therefore, in addition to our fees for legal services, we also charge separately for certain costs and expense disbursements, including messenger, courier, and other communication costs; long-distance telephone; document reproduction; and computer research facilities. These items will be billed at cost. Large disbursement billings may be forwarded by us
to you for direct payment by you to the supplier.
Our billing statements to you will be rendered on a monthly basis and are due and payable upon receipt. We will make every effort to include disbursements in the statement for the month in which the disbursements are incurred. Some disbursements are not available to us until the
following month in which case a supplemental statement will be rendered for these additional
charges. We appreciate the opportunity to be of service to you now and in the future. Our goal is to provide legal services to you on the most cost-effective basis possible. If at any time you wish to
either discuss our billing policies and procedures generally, or a particular statement specifically,
we encourage you to contact us. Please indicate your understanding of the agreement to the above-described engagement by signing and dating this letter in the spaces provided below. Please do not hesitate to contact
me should you have any questions or comments.
Sincerely, /s/ Brian A. Bolves Brian A. Bolves
I hereby engage the law firm of Manson Bolves Donaldson Tanner, P.A. to act as my attorneys in connection with the above-referenced matter.
ACKNOWLEDGED AND AGREED:
________________________________________________ Michael Fuino Dated
Senior Assistant City Attorney
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0443
Agenda Date: 4/15/2024 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 12.1
SUBJECT/RECOMMENDATION:
Opioid Abatement Funding Committee - Councilmember Teixeira
SUMMARY:
Page 1 City of Clearwater Printed on 4/10/2024
Pinellas
County Opioid TASK
FORCE
MARIANNE
J
DEAN,
MPH,
MS,
CPH,
CMI,
CEI
CO-
CHAIR PINELLAS
COUNTY
OPIOID
TASK
FORCE
ne.
County
Pinellas
County
Opioid
Task
Force
g
Core
St
rate
ies
TASK
FORCE
Naloxone
or
Other
FDA -
Approved
Medication
to
Reverse
Opioid
Overdoses Medication -
Assisted
Treatment ("
MAT")
Distribution
and
Other
Opioid -
Related
Treatment
Support
for
Pregnant &
Postpartum
Women
Expanding
Treatment
for
Neonatal
Abstinence
Syndrome
Expansion
of
Warm
Hand-
off
Programs
and
Recovery
Services
Treatment
for
Incarcerated
Population
Prevention
Programs
Expanding
Syringe
Service
Programs
2
Brief
Overview
According
to
FLHealthCharts (
2022*):
Florida Fatal
Overdoses:
7,
769
Opioid
Related:
6,
157
EMS
OD
responses:
105,
490
Naloxone
Admin:
51,
752
Annual
Drug
Arrests:
83,
197
Rx
Dispensed:
11.
6M
Pinellas Fatal
Overdoses:
580
Opioid
Related:
470
EMS
OD
responses:
16,
110
Naloxone
Admin:
7,
407
Annual
Drug
Arrests:
5,
488
Rx
Dispensed: "
710k
2022
Annual
Drug
Report (
Florida) -
4\
e
OCCURRENCE
TRENDS
secLo3
nota'
e
Vic' '
S
Occurrences
of
heroin
decreased
by
51
percent (
237
less)
and
deaths
caused
by
heroin
decreased
by
55.
5
percent (
206
less).
Occurrences
of
fentanyl
decreased
by
3
percent (
187
less)
and
deaths
caused
by
fentanyl
decreased
by
3
percent (
169
less).
Occurrences
of
methadone
decreased
by
23
percent (
90
less)
and
deaths
caused
by
methadone
decreased
by
17.
5
percent (
37
less).
Occurrences
of
hydrocodone
decreased
by
10
percent (
50
less)
and
deaths
caused
by
hydrocodone
decreased
by
6
percent (
9
less).
FDLE
2022
Medical
Examiners
Commission
Drug
Report
4
4()-
4-
o-
Nte
Ocl -\
ne ,‘-
se
2022
Annual
Drug
Report (
Florida)
OCCURRENCE
TRENDS
Occurrences
of
fentanyl
analogs*
increased
by
40
percent
289
more)
and
deaths
caused
by
fentanyl
analogs*
increased
by
42
percent (
250
more).
These
comparisons
remove
4-
ANPP
from
occurrences
of
fentanyl
analogs (
4-
4-
anilino-
N-
phenethylpiperidine)
often
found
as
a
result
of
improper
chemical
purification.
FDLE
2022
Medical
Examiners
Commission
Drug
Report
5
2022
Annual
Drug
Report (
Florida)
MOST
FREQUENT
OPIOIDS
IN
DECEDENTS -
did
no+
crosge
Fentanyl Fentanyl
analogs
Morphine Oxycodone
FDLE
2021
Medical
Examiners
Commission
Drug
Report
6
Pinellas
County
9-
1-
1
Transports
of
Suspected
Overdose
9000 8000 7000 6000
o 2
5000
00 0
4000
coH
3000 2000
1513
1000
0
FY15-
16
FY16-
17
2343
9-
1-
1
Transports
of
Suspected
Overdoses
Pinellas
County,
FL.
6969
6528
5080
2905 FY17-
18
FY18-
19
FY19-
20
Fiscal
Year ongoing
7556
FY20-
21
FY21-
22
7980 FY22-
23
2292 FY23-
24*
cf)
Pinellas
County
EMS &
Fire
Administration,
2024
7
Pinellas
County
Emergency
Department
Visits,
2019 -
2022
3000 2500
2514
2000 1500 1000 500 0
2019
1174
2720
2020
1283
Year
All
Drugs •
Opioids
2755
2021
1382
2699
2022
1338
Florida
Substance
Use
Dashboard:
Overdoses,
Pinellas
County,
FL -
8
https://
www.
flhealthcharts.
gov/
ChartsDashboards/
rdPage.
aspx?
rdReport=
SubstanceUse.
Overdose
ED
Visits
for
Suspected
Overdose
by
Quarter
1
Overdose
surveillance
assists
the
department
in
maintaining
situational
awareness,
in
responding
rapidly
to
emerging
situations,
and
helps
inform
prevention
and
treatment
activities.
900 800 700 600
eD
500
08
400
a)
300 200 100 0
Q3
2022
Q4
Q1
1
18% from
Q3
2023
4' -
15% from
Q3
Q2
Q3
Q4
2023
Opioids —
Stimulants
2023
75+ 55-
74
35-
54
012024
Suspected
All
Drug
Overdose
ED
Visits
Demographics2
10%
34%
20-
34 .
17%
5-
19
12%
0-
4
11%
71%
were
between
35
and
74
years
of
age
37%
56%
were
from
individuals
who
identified
as
male
100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%
2%
11%
5%
78%
Other
Black
Hispanic
White
Non -
Hispanic
Non -
Hispanic
Non -
Hispanic
78%
were
from
individuals
who
identified
as
White,
Non -
Hispanic
a03.
oak
occesscuj
ca
kecA
vokat,
cC
1LA \
o'
e.\
LLC1 . -\ €
Seem
Ee.
Pinellas
County
Quarterly
Naloxone
Administration
3
5000
To
4000
ai v
3000
E
2000
aTo
1000
r
0
Quarterly
Average
of
Naloxone
Administered
per
Person
and
Total
Count
of
Naloxone
Distributed/
Quarter
Pinellas
County
Q3
2022
Q4
2022
Q1
2023
Q2
2023
Q3
2023
Total
Dosage
Quarterly
Per
Patient
Dosage
Q4
2023
4 3.
5
3 2.
5
2 1.
5
1 0.
5
0
NaloxoneperTransport (mg)
Overdose -
Related
Fatalities4
170 150 130 110 90 70 50
153
137
Q2
Q3 2022
126
117
121
112
Q4
Q1
Q2
Q3
2023
02.
1 Decreasing
80
since
Q1
2023
Q4
PJO:
Ck.
kJ) .
aOIQ
Overdose
Annual
AADR (
per
100A000
persons)
All
Drug
Overdose
Annual
AADR (
Per
100,
000
persons)
All
Drug
v
a
3.
2
lc,
23.
6
23.
7
4:
32
7
32.
0
tv :
2.3
12.
6
lc
75.
9
Opioid
Overdose
Annual
AADR (
Per
100,
000
persons)
Opioid 011, ...
3
1.
6.
9
4:
23.
8
21.
14)
33.
6
a
335
62.
2
ktNik (
fe
e,...\
do
use
c$
e
1cck;
ng {
t)
C -
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oc* '\
teto
r)
o
1D
irQsc ,
nn
os'-
0(
0.—
ljtjar
I,
d
bR'
z
Program
Update —
IDEA
Exchange
Pinellas
1
year
in
operation
4,
556
naloxone
kits
distributed
252
overdose
reported
r
c
ked
173
enrolled
participants-
ko,
ae.
sax:,
oNaecy.
858
exchange
encounters
31,
977
used
syringes/
needles
collected
30,
139
provided -
cor
More
syringes
collected
than
dispensed
14
race
oC
c
Task
Force
Highlights
Pinellas
MATTERS:
3
Recovery
Peer
Specialists
at
Bayfront
ED
and
have
connected
with
868
individuals
to
date.
Pinellas
County
Public
Works
awarded $
2.
5M
from
US -
DOT
for
the
Safe
Streets
and
Roads
for
All
SS4A)
grant.
oac
e ,
nci ('
c'
oo, \;
t
i
mex
chcos .
IDEA
Exchange
Pinellas,
recovery
Epicenter
Foundation,
and
FL
Harm
Reduction
Collective
canvasing
beaches
from
Mar
1—
May
1
to
ensure
safe
spring
break
activities.
poi
d:
r.
9
t2.
0,
Aco \
o,
n
5)
15
reauct.
n3'
3-
igt
ya,
Pinellas
in
the
Spotlight
0(
3
mofe
mem
reA,
eae5
Recent
media
inquiries
surrounding
overdose
events
on
March
17-
18 —
ODMAP
Spike
Alert
KFF
Health
News:
Horse
Sedative
Use
Among
Humans
Spreads
in
Deadly
Mixture
of '
Tranq'
and
Fentanyl (
link)
Tampa
Bay
Times: '
Tranq
dope'
mixture
of
fentanyl,
horse
sedative
involved
in
Florida
deaths (
link)
Recovery
group
hands
out
free
Narcan
during
spring
break
in
Tampa
wtsp.
com (
link)
16
Community
Need
Unchanged
HIGH
PRIORITY
SUPPORT
Capacity
Building
Criminal
Justice
Continuum
Support
from
Pre -
arrest
through
Sentencing/
Adjudication;
Incarceration /
Revisit
MAT
CCBHC
Initiatives
Treatment
and
Recovery
Access
for
OUD/
SUD
Recovery
Housing &
Transportation
with
Medication
Inclusion
Women/
Mothers/
Children
in
Recovery
Young
Adult/
Student
Prevention
and
Recovery
CONTINUED
SUPPORT
Education &
Development
Training
Expand
First
Responder /
Provider
Training
Harm
Reduction
Initiatives
Recovery
Oriented
Community
Support
Expand
Connections
to
Care
Reduce
Silos
in
Data
Sharing
and
Collection
Community
Outreach
Campaigns
Against
Stigma /
ESOL
Media
17
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have
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Partners
Driving
Change
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Health
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Wellness
Create
the
Life
You
Want'
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Pinellas
HEALTH
Comity
Pinellas
County
Central
Florida Behavioral
Health
Network,
Inc.
Your
Managing
Entity
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Cares,
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UNIVERSITY
of
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FLORIDA
College
of
Behavioral &
Community
Sciences
HFALTI-
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CARE
THAT
EMPOWERS
r'"
1
Northwestern Medicine
SERA
t,
trt:
Northwestern University
QGH
TampaGeneralHospital.
In
collaboration
with:
JOHNS
HOPKINS
All
Children'
s
Hospital
Alliance
for
Substance Addiction Prevention
Alliance
for
Communities
GNpNG
METRO Pei
L,
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CareerSource
OVERDOSE
ippw
PINELLAS
TASK
FORCE
PREVENTION &
Pinellas
County
EDUCATION
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Coast
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CHRYSALIS
PINELLAS
COUNTY
HARM
REDUCTION
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Free AMERICA Foundation,
Inc.
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OF
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Health
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Pinellas
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d RECOVERY
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County
Every
Baby
Deserves
a
Healthy
Start
Parents
as
Teachers
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Children'
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Data
Sources
1.
The
information
from
the
graph
above
was
retrieved
from
Florida'
s
syndromic
surveillance
system,
the
Electronic
Surveillance
System
for
the
Early
Notification
of
Community -
Based
Epidemics (
ESSENCE -
FL).
The
information
in
the
graph
displays
opioid-
and
stimulant -
involved
ED
visits
at
Pinellas
County
facilities.
It
is
important
to
note
that
some
visits
may
not
be
directly
related
to
opioid
or
stimulant
overdoses
at
time
of
visit.
Individuals
who
have
a
history
of
opioid
or
stimulant
dependence
encountered
at
the
ED
may
also
be
included
in
the
numbers
above.
Additionally,
ED
data
are
provisional
and
may
change
as
new
information
is
received.
2.
Graphs
display
the
demographics
of
all
drug -
involved
ED
visits
at
Pinellas
County
facilities
retrieved
from
ESSENCE -
FL.
Within
the
race/
ethnicity
chart:
Other,
Non -
Hispanic
includes
those
who
reported
their
race
as
American
Indian/
Alaska
Native,
Asian,
Multiracial,
Native
Hawaiian
or
Other
Pacific
Islander
or
Other;
Hispanic
includes
all
races
who
reported
their
ethnicity
as
Hispanic;
those
who
reported
their
race
and/
or
ethnicity
as
Unknown
are
not
shown.
3.
Graph
displays
data
retrieved
from
Biospatial
and
shows
EMS
response
calls
for
suspected
overdoses
and
naloxone
administrations.
4.
Graph
displays
data
captured
from
death
records
retrieved
from
ESSENCE -
FL
and
shows
drug
and
biological
substance
poisoning
deaths (
X40-
44,
X60-
64
and
Y10-
14).
Pinellas
County Opioid TASK
FORCE
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0429
Agenda Date: 4/15/2024 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 16.1
SUBJECT/RECOMMENDATION:
2024 Arbor Day Proclamation
Page 1 City of Clearwater Printed on 4/10/2024
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0421
Agenda Date: 4/15/2024 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 16.2
SUBJECT/RECOMMENDATION:
Airpark Advisory Board Annual Presentation.
Page 1 City of Clearwater Printed on 4/10/2024