07/15/2024Monday, July 15, 2024
3:00 PM
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Main Library - Council Chambers
City Council
Meeting Agenda
July 15, 2024City Council Meeting Agenda
Welcome. We are glad to have you join us. If you wish to address the Council, please complete a
Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When
recognized, please hand your card to the Clerk, approach the podium and state your name. Persons
speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public
Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for
a group may speak for 3 minutes plus an additional minute for each person in the audience that waives
their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain
the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be
allowed for an agenda item. No person shall speak more than once on the same subject unless
granted permission by the City Council. The City of Clearwater strongly supports and fully complies
with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting
if you require special accommodations at 727-562-4090. Assisted Listening Devices are available.
Kindly refrain from using cell phones and electronic devices during the meeting.
Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through
written comment. The City has established the following two options:
1) eComments via Granicus - eComments is integrated with the published meeting agenda.
Individuals may review the agenda item details and indicate their position on the item. You will be
prompted to set up a user profile to allow you to comment, which will become part of the official public
record. The eComment period is open from the time the agenda is published. All comments received
by 5:00 p.m. the day before the meeting will become part of the official record.
2) Email – Individuals may submit written comments or videos to
ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the
meeting will become part of the official record.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Special recognitions and Presentations (Proclamations, service awards, or other
special recognitions. Presentations by governmental agencies or groups providing
formal updates to Council will be limited to ten minutes.)
4.1 July Service Awards
4.2 Florida Orchestra Presentation - Ignacio Barrón Viela, President and CEO
5. Approval of Minutes
5.1 Approve the minutes of the June 20, 2024 city council meeting as submitted in
written summation by the City Clerk.
Public Hearings - Not before 6:00 PM
Page 2 City of Clearwater Printed on 7/9/2024
July 15, 2024City Council Meeting Agenda
6. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
6.1 Adopt a tentative millage rate of 5.8850 mills for fiscal year 2024/25; and set
public hearing dates on the budget for September 4, 2024 and September 17,
2024, to be held no earlier than 6 p.m.
6.2 Amend special conditions of Ordinance 9167-18 referencing 385 S. Gulfview
Blvd. vacating a portion of Gulfview Boulevard Right-of-Way lying in the
Southwest ¼ of Section 8, Township 29 South, Range 15 East, Pinellas
County, Florida, as recorded in Plat Book 13, Page 12 of the Official Records of
Pinellas County, Florida, subject to special conditions, and pass Ordinance
9773-24 on first Reading.
6.3
Authorize purchase orders to multiple vendors for polyethylene pipe/fitting and
steel pipe/fittings in the cumulative annual not-to-exceed amount of
$2,100,000.00 for the initial term of August 1, 2024 through July 31, 2025, with
two, one-year renewal options pursuant to Invitation to Bid No. 34-24 and
authorize the appropriate officials to execute same.
6.4 Authorize an increase to an existing purchase order with Pennoni Associates,
Inc. of Clearwater, Florida, for professional services in connection with
providing GIS and engineering services for a mapping of the Clearwater
Municipal Cemetery, located at 1300 South Myrtle Avenue in the amount of
$27,806.00 bringing the total to $167,906.00 and authorize the appropriate
officials to execute same.
6.5 Approve an increase to existing purchase order with Pennoni Associates, Inc.
of Clearwater, FL for professional services in connection with the repairs of
Pier 60 in the amount of $28,350.00 bringing the total to $127,850.00 and
authorize the appropriate officials to execute same.
6.6 Approve purchase orders to O’Neils LLC, of Ozona, FL, Pete and Ron’s Tree
Service Inc., of Tampa, FL, and TreesForYou.com Inc, of Belleair Beach, FL,
for citywide tree care services, on a unit price basis, in the cumulative annual
not-to-exceed amount of $700,000.00 with two, one-year renewal options
pursuant to Invitation to Bid (ITB) 26-24, Tree Care Services and authorize the
appropriate officials to execute same.
Page 3 City of Clearwater Printed on 7/9/2024
July 15, 2024City Council Meeting Agenda
6.7 Authorize acceptance of the U.S. Department of Energy (DOE)’s Office of
State and Community Energy Programs (SCEP) Energy Efficiency and
Conservation Block Grant (EECBG) program formula award in the amount of
$169,090.00 by approving the special terms and conditions of the equipment
rebate voucher application and authorize the appropriate officials to execute
same.
6.8 Approve the extension of a piggyback contract and issuance of a purchase
order to Cale America, of Clearwater, FL, for a service/maintenance
agreement, parking payment technologies and back-office support in an
amount not to exceed $812,005.00 for a four-year term through June 30, 2028,
pursuant to Clearwater Code of Ordinances, Sections 2.563(1)(c), Piggyback
or Cooperative Purchasing, and 2.563(1)(d), Non-Competitive Purchases, and
authorize the appropriate officials to execute same.
6.9 Award a purchase order to Sign-Age of Tampa Bay in Clearwater, FL, for
citywide custom vehicle and/or equipment wrap services in the annual
not-to-exceed amount of $165,000.00 for one year with three, one-year renewal
options pursuant to Request for Proposals (RFP) 36-24 and authorize the
appropriate officials to execute same.
6.10 Approve a purchase order to Garland/DBS, Inc. for roof replacement at General
Services/Fleet Maintenance Facility in the not-to-exceed amount of
$2,505,725.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c),
Piggyback, and authorize the appropriate officials to execute same.
6.11 Approve purchase orders with multiple vendors for citywide mechanical,
electrical, plumbing and specialty services in the cumulative annual
not-to-exceed amount of $4,000,000.00 with three, one-year renewal options
pursuant to Invitation to Bid (ITB) 45-24 and authorize appropriate officials to
execute same.
6.12 Approve purchase orders to Goodyear Tire and Rubber Company, Monro Inc.
and Mavis Tire Express Services Corp, for the purchase of Goodyear tire
products and services for city motorized equipment in the cumulative amount
of $2,550,000.00 for term July 1, 2024 through June 30, 2027, pursuant to
Clearwater Code of Ordinance Section 2.563 (1)(c), Piggyback, and authorize
the appropriate officials to execute same.
6.13 Approve a purchase order to Hadronex Inc. DBA SmartCover System located
in Escondido, California, for the purchase of 30 new SmartCover units for
online application of mapping and monitoring service of the wastewater system
for term August 1, 2024 through July 31, 2026, in the amount not to exceed
$208,695.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(d),
non-competitive purchase, and authorize the appropriate official to execute
same.
Page 4 City of Clearwater Printed on 7/9/2024
July 15, 2024City Council Meeting Agenda
6.14 Award a Purchase Order to Murphy Pipeline Contractors, LLC, of Jacksonville,
FL, for Island Estates Cast Iron Water Main Replacement Project in the amount
of $4,377,879.00 pursuant to Invitation to Bid (ITB) No.23-0056-UT and
authorize the appropriate officials to execute same.
6.15 Approve a purchase order to Oracle America, Inc. of Redwood Shores, CA for
software maintenance in a not-to-exceed amount of $195,097.04 for a one-year
term pursuant to Clearwater Code of Ordinances Section 2.563 (1)(a), single
source, and authorize the appropriate officials to execute same.
6.16 Approve an increase and proposal from Kokolakis Contracting, Inc., of Tarpon
Springs, FL., for the construction of the Clearwater Beach Marina (21-0008-MA)
in the amount of $43,469,475.00 bringing the total to $43,568,739.00 pursuant
to Request for Qualifications (RFQ) 19-22; approve a not to exceed loan of
$18,000,000.00 from the Capital Improvement Fund to the Marine Fund and
authorize the appropriate officials to execute same.
6.17 Appoint Candace Gardner to the Parks & Recreation Advisory Board with a
unexpired through May 31, 2025.
6.18 Appoint two individuals to the North Greenwood Community Redevelopment
Area Citizens Advisory Committee as follows: one with a term expiring
September 30, 2025 and one with a term expiring September 30, 2026.
6.19 Appoint Marilyn Turman to the North Greenwood Community Redevelopment
Area Citizens Advisory Committee, as the Ex Officio member, with a term
expiring September 30, 2027.
6.20 Approve a supplement to a legal services agreement between the City and
Bush Graziano Rice and Hearing, P.A. for the legal representation in the matter
of Nathaniel Brooks v. City of Clearwater and Joseph Roseto, Civil Action No.
8:21-CV-02967-SDM-TGW, and authorize the appropriate officials to execute
same.
6.21 Update Council Rules and adopt Resolution 24-10.
6.22 Approve First Amendment to the Venue License Agreement between the City
and Ruth Eckerd Hall Inc. for the management and operation of The BayCare
Sound and authorize the appropriate officials to execute same.
7. Second Readings - Public Hearing
7.1 Adopt Ordinance 9753-24 on second reading, to vacate a part of Kentucky
Avenue, a 60’ foot platted right of way, Michigan Boulevard, a 60’ foot platted
right of way, and the platted 16’ foot Alley in Block 4, all being contiguous with
Block 4 of Bayview City Subdivision as recorded in Plat Book 9, page 43, Public
Records of Pinellas County, Florida.
Page 5 City of Clearwater Printed on 7/9/2024
July 15, 2024City Council Meeting Agenda
7.2 Adopt Ordinance 9765-24 on second reading, to change the land use
designation for certain real property located on the northeast corner of South
Saturn Avenue and Gulf to Bay Boulevard, whose post office address is 407
South Saturn Avenue, from Institutional (I) to Commercial General (CG).
7.3 Adopt Ordinance 9766-24 on second reading, amending the Zoning Atlas of the
city by rezoning certain real property located on the northeast corner of South
Saturn Avenue and Gulf to Bay Boulevard, whose post office address is 407
South Saturn Avenue, from Institutional (I) to Commercial (C).
7.4 Adopt Ordinance 9767-24 on second reading, vacating a 5-foot portion of a
10-foot drainage utility easement located at 1317 Melonwood Avenue,
Clearwater as shown on Exhibit A and further defined as the Westerly 5 feet of
a rear drainage utility easement in Lot 10, Block 4, Woodvalley Unit No. 5, a
subdivision according to Plat Book 68, Page 32, in the Public Records of
Pinellas County, Florida.
7.5 Adopt Ordinance 9768-24 on second reading, vacating a 10-foot utility
easement by request of the Landowner at 1760 Catherine Drive, Clearwater as
shown on Exhibit A further defined the South 5-foot utility easement of Lot 31,
Block C, and the North 5’ foot utility easement, of Lot 32, Block C, as recorded
in Plat Book 66 Page 16, Sall’s Lake Park, of the Public Records of Pinellas
County, Florida.
7.6 Adopt Ordinance 9771-24 on second reading and amend the City’s fiscal year
2023/24 operating budget at mid-year.
7.7 Adopt Ordinance 9772-24 on second reading and amend the City’s fiscal year
2023/24 capital improvement budget at mid-year.
8. Citizens to be heard re items not on the agenda - For purposes of this role,
“items pertaining to city business” includes any matter within the Council’s or the
City Manager’s power to act, any matter that the Council previously voted on or
discussed at the dais, or any matter discussed by or scheduled to be considered by
another governmental entity that affects the operation of the City. Each person who
wishes to address the Council shall complete a comment card and submit the card
to the City Clerk (right-hand side of dais) before the speaker will be permitted to
speak. However, if the speaker has just arrived or decided to speak, the Chair may
allow the card to be filled out after speaking. Individuals will limit their comments to
a maximum of three minutes. The Mayor shall advise the speaker that their time has
expired. If the person remains at the podium, thereby interfering with other persons
who may wish to be heard, the speaker’s microphone may be turned off, or the
Mayor may rule the person out of order in accordance with Rule 15.
9. City Manager Reports
Page 6 City of Clearwater Printed on 7/9/2024
July 15, 2024City Council Meeting Agenda
10. City Attorney Reports
11. Closing comments by Councilmembers (limited to 3 minutes)
12. Closing Comments by Mayor
13. Adjourn
Page 7 City of Clearwater Printed on 7/9/2024
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0554
Agenda Date: 7/15/2024 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will be
limited to ten minutes.)
In Control: City Council
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
July Service Awards
SUMMARY:
5 Years of Service:
Terrell Brown Finance/Utility Customer Service
Christopher Katona General Services
Dora Monterroza Parks & Recreation
Terry Winthrop Police
10 Years of Service:
Joshua Gibson Police
Scott Boeckel Police
Joshua Sherman Solid Waste
Belen Rubin Library
20 Years of Service:
Jaime Cuervo Garzon General Services
William Anderson General Services
25 Years of Service:
Francis Whitney Fire
Jon Lopez Fire
Robert Keane Fire
Michael Jones Fire
Jevon Graham Fire
30 Years of Service:
Susan Chase City Clerk
STRATEGIC PRIORITY:
The city of Clearwater celebrates its employees and the Superior Public Service they provide to our
citizens. The city strives to attract and retain top-quality personnel through the maintenance of a
competitive compensation program. The service awards are a testament to the city and our high performing
government.
Page 1 City of Clearwater Printed on 7/9/2024
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0760
Agenda Date: 7/15/2024 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will be
limited to ten minutes.)
In Control: City Council
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Florida Orchestra Presentation - Ignacio Barrón Viela, President and CEO
Page 1 City of Clearwater Printed on 7/9/2024
Ignacio Barrón Viela
President & CEO
Inspire | Educate | Unite
Building Community Through the Power of Music
Our Mission
Cultural powerhouse
for more than 56 years Inspire | Educate | Unite
Building Community Through the
Power of Music
•Largest professional orchestra in Florida
•Largest performing arts organization
in Tampa Bay
•Internationally acclaimed
Music Director Michael Francis
•Rising star Resident Conductor
Chelsea Gallo
•70 full-time musicians
and conductors
150,000 served
In the concert hall,
classroom and community
•TFO brings world-class artists:
Sting, Josh Groban, Itzhak Perlman,
Yo -Yo Ma, Seal & more
•Music for all: classical, popular,
film, rock, Broadway, jazz & more
and
The Florida Orchestra
60,000 served each season in
free/low-cost community programs
•The Sound – Opening
community concert
•Teaching artists – TFO
musicians directly in schools
•Chamber Concerts at Church of
the Ascension
Side-by-side concerts with
Pinellas Youth Orchestra
Instrument Petting ZooYouth Concerts
•Beauty
•Healing
•Excellence
•Economic vibrancy
Arts & culture
destination
Deeply rooted here for 56 years, TFO is one of the
longest-standing, most meaningful cultural
experiences Tampa Bay can offer.
A catalyst for:
Thank you
For concerts and information
FloridaOrchestra.org
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0801
Agenda Date: 7/15/2024 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: City Council
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve the minutes of the June 20, 2024 city council meeting as submitted in written
summation by the City Clerk.
Page 1 City of Clearwater Printed on 7/9/2024
City Council Meeting Minutes June 20, 2024
Page 1 City of Clearwater
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Thursday, June 20, 2024
6:00 PM
Main Library - Council Chambers
City Council Draft
City Council Meeting Minutes June 20, 2024
Page 2 City of Clearwater
Roll Call
Present: 5 - Mayor Bruce Rector, Vice Mayor David Allbritton, Councilmember
Ryan Cotton, Councilmember Michael Mannino and
Councilmember Lina Teixeira
Also Present: Jennifer Poirrier – City Manager, Michael Delk – Assistant City
Manager, Daniel Slaughter – Assistant City Manager, David Margolis – City Attorney, Rosemarie Call – City Clerk and Nicole Sprague – Deputy City Clerk.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Unapproved
1. Call to Order – Mayor Rector
The meeting was called to order at 6:00 p.m. 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or
other special recognitions. Presentations by governmental agencies or groups
providing formal updates to Council will be limited to ten minutes.)
4.1 June Service Awards Withdrawn. 5. Approval of Minutes
5.1 Approve the minutes of the June 6, 2024 city council meeting as submitted in written
summation by the City Clerk.
Councilmember Cotton moved to approve the minutes of the June
6, 2024 city council meeting as submitted in written summation by
the City Clerk. The motion was duly seconded and carried
unanimously.
6. Consent Agenda – Approved as submitted, less items 6.2, 6.3, 6.6, and 6.7
6.1 Approve a Temporary Use Agreement (TPU) BOT No. 502369673 between the City of
Clearwater and the Board of Trustees of the Internal Improvement Trust Fund of the Draft
City Council Meeting Minutes June 20, 2024
Page 3 City of Clearwater
State of Florida, to provide temporary exclusive use of 302 Seminole Street and
authorize the appropriate officials to execute same. (consent)
6.2 Authorize the purchase of vehicles (heavy and light duty) and equipment in the
not-to-exceed amount of $17,575,900.00, pursuant to Clearwater Code of Ordinances
Sections 2.563(1)(c), Piggyback, 2.563(1)(d), Non-competitive purchases, and
2.561(5), Small Purchases; declare the vehicles and equipment being replaced as
surplus and authorize for disposal at auction or trade-in, whichever is in the best
interest of the City, pursuant to Clearwater Code of Ordinances Sections 2.623(6), (7)
(c), (7)(e), and (8); authorize lease purchase under the City's Master Lease Purchase
Agreement or internal financing via an interfund loan from the Capital Improvement
Fund, whichever is deemed to be in the City's best interest, and authorize the
appropriate officials to execute same. (consent) See Below.
6.3 Authorize purchase order(s) to multiple vendors as listed for the maintenance and
repair of city vehicles and equipment in the annual amount of $250,000.00 for a period
of one (1) year with two, one-year renewal options pursuant to Invitation to Bid (ITB)
30-24 and authorize the appropriate officials to execute same. (consent) See Below.
6.4 Award a Purchase Order to Kamminga and Roodvoets, Inc., of Grand Rapids, MI, for
Potable Water Piping Improvements Phase 2, 4, and 5 Project in the amount of
$10,052,886.50 pursuant to Invitation to Bid (ITB) No.23-0011-UT and authorize the
appropriate officials to execute same. (consent)
6.5 Authorize purchase orders to CEC Motor and Utility Services of Palmetto, FL,
Southeast Pump Specialist, Inc. of Augusta, GA and Tampa Armature Works dba
Integrated Power Services of Riverview, FL for electric motor and pump repair
services, in a cumulative annual not-to-exceed amount of $900,000.00 for the initial
term of June 18, 2024 through June 17, 2025, with the option for three, one-year
renewals pursuant to ITB 14-24 and authorize the appropriate officials to execute
same. (consent)
6.6 Authorize a purchase order to Florida ULS Operating LLC, dba United Land Services
of Jacksonville, Florida, for landscape maintenance services at designated Public
Utilities facilities in the annual not-to exceed amount of $175,000.00 for the period of
June 21, 2024 through June 20, 2025, with two one-year renewal options at the City’s
discretion pursuant to ITB 24-24 and authorize the appropriate officials to execute
same. (consent)
See Below.
6.7 Award purchase orders to Performance Wrapz, LLC dba Wraps Direct and Sign-Age Draft
City Council Meeting Minutes June 20, 2024
Page 4 City of Clearwater
of Tampa Bay, Inc. for city-wide purchase and installation of aluminum signage in the
cumulative annual amount of $275,000.00 for initial term of July 1, 2024 through June
30, 2025, with two, one year renewal options pursuant to Invitation to Bid 31-24 and
authorize the appropriate officials to execute same. (consent) See Below.
6.8 Approve an increase to purchase order with CAA ICON for consulting services in
connection with negotiations with the Philadelphia Phillies for a new use agreement of
BayCare Ballpark and the Carpenter Complex in the amount of $140,000.00 bringing
the total to $371,000.00 and authorize the appropriate officials to execute same.
(consent)
6.9 Authorize Guaranteed Maximum Price proposal to Keystone Excavators, Inc. of
Oldsmar, FL, for renovations and improvements of McKay Park located at 610
Mandalay Avenue in the amount of $1,337,048.04 pursuant to Request for
Qualifications (RFQ) 40-20, Construction Manager at Risk Services Continuing
Contracts; a third quarter budget amendment transfer of $301,015.00 from M2206
Parks and Recreation R&R, $99,039.59 from C2210 Sailing Center Dock Repairs,
$47,405.50 from C2213 Shade structures, and $53,469.97 from 315-93667, to C2304
McKay Park Improvements and authorize the appropriate officials to execute same.
(consent)
Councilmember Teixeira moved to approve the Consent Agenda,
less Items 6.2, 6.3, 6.6, and 6.7, and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
6.2 Authorize the purchase of vehicles (heavy and light duty) and equipment in the
not-to-exceed amount of $17,575,900.00, pursuant to Clearwater Code of Ordinances
Sections 2.563(1)(c), Piggyback, 2.563(1)(d), Non-competitive purchases, and
2.561(5), Small Purchases; declare the vehicles and equipment being replaced as
surplus and authorize for disposal at auction or trade-in, whichever is in the best
interest of the City, pursuant to Clearwater Code of Ordinances Sections 2.623(6), (7)
(c), (7)(e), and (8); authorize lease purchase under the City's Master Lease Purchase
Agreement or internal financing via an interfund loan from the Capital Improvement
Fund, whichever is deemed to be in the City's best interest, and authorize the
appropriate officials to execute same. (consent)
The Fleet Division is requesting a consolidated expenditure authorization in the
not-to-exceed amount of $17,575,900.00 for the acquisition of vehicles and
equipment per attached spreadsheet. New purchases are to replace
designated units due for replacement in FY25, which have reached the end of
their useful and economic life. Factors used to determine the end of useful and
economic life include, but are not limited to age, life to date, mileage/hours of Draft
City Council Meeting Minutes June 20, 2024
Page 5 City of Clearwater
operations, historical maintenance cost as compared to like vehicles, operating
cost per mile/hour, anticipated and ongoing repairs, and physical condition.
Due to delays in manufacturing, the Fleet Department is requesting to begin
the procurement process for the vehicles and equipment on the FY25 vehicle
purchase/replacement list ahead of the FY25 budget that starts October 1,
2024. In addition to prolonged delays in receiving vehicles and/or equipment,
the order banks for the vehicles are fluid and open and close without notice.
Ordering now will enable Fleet to get orders submitted in advance of other
municipalities who may be ordering later. Finally, the authorization to purchase
helps insulate the City against price increases (will purchase on current
quotes) as there have been substantial increases year after year.
Authorization is requested to piggyback off the following contracts, pursuant to
Clearwater Code 2.563(1)(c):
• Florida Sheriffs Association (FSA), a purchasing cooperative in the State of
Florida
o Contract #FSA23-VEL31.0, Pursuit, Administrative and Other
Vehicles - valid through September 30, 2024.
o Contract #FSA23-VEH21.0, Heavy Trucks - valid through
September 30, 2024.
o Contract #FSA23-EQU21.0, Heavy Equipment - valid through
September 30, 2024.
There are anticipated renewals on all contracts.
• Omnia Partners (Omnia), the largest cooperative purchasing
organization for public sector procurement.
o Contract #EV2671-01 Utility, Transportation, and Golf Vehicles
valid through December 31, 2026.
• Sourcewell (formerly NJPA), a purchasing cooperative operating under
legislative authority in the State of Minnesota.
o Contract #060920-NAF, Class 4-8 Chassis with Related
Equipment - valid through August 1, 2024.
o Contract #091521-NAF, Cars, Trucks, Vans, SUVs, Cab
Chassis & Other Vehicles - valid through November 8, 2025
• State of Florida, Department of Management Services, cooperatively
bids requirements of agencies throughout Florida.
o Contract #25100000-23-STC, Motor Vehicles valid through May
16, 2025.
o Contract # 25101600-21-STC, Medium and Heavy Trucks - valid
through September 30, 2026.
o Contract # 25101900-21-STC, Agriculture and Lawn Equipment
- valid through December 31, 2026.
Authorization to add additional piggyback contracts is requested as needed to
ensure the City is receiving the most competitive pricing for vehicles and
equipment which will be monitored by the Procurement Division.
Authorization to procure optional features not included on the piggyback contract, as impractical, due to delay in receipt of vehicle and/or equipment,
possible void of warranty for after-market items, manufacturer delay in
receiving parts, etc., pursuant to Clearwater Code of Ordinances Section
2.563(1)(d). Typically, when procuring optional features through the
dealership, these features are priced below Manufacturer Suggested Retail
Price (MSRP). This will be monitored for compliance by the Procurement Draft
City Council Meeting Minutes June 20, 2024
Page 6 City of Clearwater
Division.
While most of the vehicles and equipment are procured through piggyback
contracts, for those that do not fall under this category, authorization is
requested to procure these vehicles and equipment through competitive quotes
pursuant to Section 2.561(5) Small Purchases, purchases under $50,000.00.
This will be monitored for compliance by the Procurement Division.
Once the new vehicle is road ready (graphics, accessories or upfitting, etc.)
and equipment has been upfitted, appropriate vehicles and equipment
designated for surplus authorization will be transferred to Tampa Machinery
Auction. Tampa Machinery Auction was competitively solicited by Pinellas
County under Contract No. 190-0534-R(JJ) valid through November 17, 2027.
For vehicles with long lead times and limited availability, staff is requesting to
amend the fiscal year 2023/24 capital project budget increasing amounts that
would have been included in fiscal year 2024/25 for motorized equipment
replacement (lease/purchase financing).
For the remaining vehicles and equipment, purchase orders will not be issued
until after the fiscal year 2024/25 budget is approved and next year funding is
available.
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendment will provide the following increases to
capital projects:
• An increase of $10,419,500 in lease/purchase funding to L1910,
Motorized Equipment Replacement - L/P
• An increase of $1,100,000 in lease/purchase funding to L2301,
Motorized Equipment Purchases - L/P
FUND IMPACTED
010 General Fund 2,352,500 L/P
421 Public Utilities 1,372,000 L/P
423 Gas 359,000 L/P
424 Solid Waste 7,339,000 L/P
426 Recycling 716,000 L/P
432 Marina 200,000 L/P
555 Cust Svc/IT 68,000 L/P
565 Gen Service 513,000 L/P
Total 12,919,500
Penny Funds (94238) 336,000 Cash/CIP
Garage Fund (94233) 162,900 Cash/CIP
General Fund-Parks Operating 85,500 Cash/Operating
W&S Fund-Public Utilities Operating 31,000 Cash/Operating
Stormwater Fund- Strm CIP (C1908) 2,243,000 Cash/CIP
Public Works (L2301) 471,000 L/P
Public Utilities (L2301) 200,000 L/P Draft
City Council Meeting Minutes June 20, 2024
Page 7 City of Clearwater
Parks (L2301) 369,000 L/P
Solid Waste Fund (L2301) 758,000 L/P
4,656,400
Grand Total 17,575,900
Total 24-25 VRL Budget 17,575,900
Total 23-24 VRL Budget 10,095,700
Budget Change 24/25 vs 23/24 7,480,220
Budget Increase/Decrease 74%
STRATEGIC PRIORITY:
These purchases help accomplish strategic objective 1.2. Fleet division
operators maintain public infrastructure to deliver effective and efficient
services by optimizing City assets and resources.
One individual spoke in opposition.
One individual suggested that an excel sheet be provided as part of the
agenda item to make it easier for the public to understand.
It was stated that the agenda item includes a document that lists the
items being purchased, which is available online.
Vice Mayor Allbritton moved to authorize the purchase of vehicles
(heavy and light duty) and equipment in the not-to-exceed amount
of $17,575,900.00, pursuant to Clearwater Code of Ordinances
Sections 2.563(1)(c), Piggyback, 2.563(1)(d), Non-competitive
purchases, and 2.561(5), Small Purchases; declare the vehicles and
equipment being replaced as surplus and authorize for disposal at
auction or trade-in, whichever is in the best interest of the City,
pursuant to Clearwater Code of Ordinances Sections 2.623(6), (7)
(c), (7)(e), and (8); authorize lease purchase under the City's Master
Lease Purchase Agreement or internal financing via an interfund
loan from the Capital Improvement Fund, whichever is deemed to
be in the City's best interest, and authorize the appropriate officials
to execute same. The motion was duly seconded and carried
unanimously.
6.3 Authorize purchase order(s) to multiple vendors as listed for the maintenance and
repair of city vehicles and equipment in the annual amount of $250,000.00 for a period
of one (1) year with two, one-year renewal options pursuant to Invitation to Bid (ITB)
30-24 and authorize the appropriate officials to execute same. (consent) Invitation to Bid (ITB) No. 30-24 Vehicle/Equipment Repair and Maintenance
Services, was issued on March 15, 2024, and the City received multiple Draft
City Council Meeting Minutes June 20, 2024
Page 8 City of Clearwater
responses on April 18, 2024. The pricing structure was based on hourly rates
and parts and materials mark-up for repair and maintenance service on City
vehicles and equipment to include automobiles, sedans, SUV’s, light trucks,
medium trucks, heavy duty trucks, off road vehicles and trailers.
To ensure continuity of services, request to make multiple awards is requested
as follows:
Automobiles, Sedans, Light
Duty Trucks/SUV’s
Category 1: Automobiles /
Sedans
• Blackwater Diesel LLC (Primary)
• Walker Ford (Secondary)
Category 2: Light Duty Truck/SUV Class 1-3 (0-14,000 lbs)
• Blackwater Diesel LLC (Primary)
• Walker Ford (Secondary)
Medium and Heavy Duty Trucks, Construction / Off Road
Equipment and Trailers
Category 1: Medium/Heavy Duty Trucks Class 4-8
(14,0001-33,001 lbs)
• Blackwater Diesel LLC (Primary)
• Tampa Spring Company (Secondary)
• Dynamic Diesel Works (Tertiary)
Category 2: Construction / Off Road
• Blackwater Diesel LLC (Primary)
• Tampa Spring Company (Secondary)
• Dynamic Diesel Works (Tertiary)
Category 3: Walking Floor and Standard Trailer
• Blackwater Diesel LLC (Primary)
• Tampa Spring Company (Secondary)
Work performed under this purchase order will be for overflow work that the
Fleet Division is unable to handle due to volume or time constraints.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds are available in cost center 5666611-546500 (Garage Equip
Repairs):
• FY24 $780,000
• Future fiscal year budgets will include requests for funding
STRATEGIC PRIORITY:
These purchases help accomplish strategic objective 1.2. Fleet division
operators maintain public infrastructure to deliver effective and efficient Draft
City Council Meeting Minutes June 20, 2024
Page 9 City of Clearwater
services by optimizing City assets and resources.
Two individuals spoke in opposition.
In response to questions, General Services Director Peter Bardou said
the agenda item provides the department authority to spend funds if
staff is unable to repair the equipment. It is within the City's and the
vendor's discretion to renew the annual contract.
Councilmember Mannino moved to authorize purchase order(s) to
multiple vendors as listed for the maintenance and repair of city
vehicles and equipment in the annual amount of $250,000.00 for a
period of one year with two, one-year renewal options pursuant to
Invitation to Bid (ITB) 30-24 and authorize the appropriate officials
to execute same. The motion was duly seconded and carried
unanimously.
6.6 Authorize a purchase order to Florida ULS Operating LLC, dba United Land Services
of Jacksonville, Florida, for landscape maintenance services at designated Public
Utilities facilities in the annual not-to exceed amount of $175,000.00 for the period of
June 21, 2024 through June 20, 2025, with two one-year renewal options at the City’s
discretion pursuant to ITB 24-24 and authorize the appropriate officials to execute
same. (consent) Purchasing issued Invitation to Bid (ITB) #24-24, Landscape Services Public
Utilities on March 15, 2024, and six submissions were received on April 16,
2024. Florida ULS Operating LLC, dba United Land Services of Jacksonville,
Florida is the lowest responsive, responsible bidder.
Public Utilities requires routine landscaping services at 13 sites totaling more
than 115 acres. Public Utilities and Procurement re-bid its landscaping services
as a separate solicitation due to a termination of contract with the vendor
selected to service Public Utilities as a part of the Citywide Landscaping
Services contract which was established by Invitation to bid 35-22.
The initial contract period will be from June 21, 2024 through June 20, 2025,
with the option for two one-year term renewal terms available to the City. The
low bidder, Florida ULS’s total for annual services was calculated to be
$156,597.20. Staff is requesting an additional $18,402.80 be added which
brings the total annual contract value to $175,000. The additional funds are
desired if, and when additional work is required to restore existing areas at our
sites per the scope of the solicitation. Renewal Terms allow for cost increases
based on the US Department of Labor Consumer Price Index (CPI-U) for All
Urban Consumers, All Items, Tampa-St. Petersburg-Clearwater, FL; renewal
prices shall be firm for the respective annual term. Draft
City Council Meeting Minutes June 20, 2024
Page 10 City of Clearwater
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY24 are available in various Public Utilities cost centers,
cost code 530300 Other Contractual Services:
Funding for future fiscal years (FY25 through FY27) will be requested within
the contract calendar and spending limits.
STRATEGIC PRIORITY:
In furtherance of the Council’s Strategic Plan to achieve High Performing
Government by maintaining public infrastructure through systematic
management efforts, approval for an agreement is requested.
Two individuals spoke in opposition.
One individual requested a list of the site locations and the type of
mowing being conducted.
Councilmember Cotton moved to authorize a purchase order to
Florida ULS Operating LLC, dba United Land Services of
Jacksonville, Florida, for landscape maintenance services at
designated Public Utilities facilities in the annual not-to exceed
amount of $175,000.00 for the period of June 21, 2024 through June
20, 2025, with two one-year renewal options at the City’s discretion
pursuant to ITB 24-24 and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
6.7 Award purchase orders to Performance Wrapz, LLC dba Wraps Direct and Sign-Age
of Tampa Bay, Inc. for city-wide purchase and installation of aluminum signage in the
cumulative annual amount of $275,000.00 for initial term of July 1, 2024 through June
30, 2025, with two, one year renewal options pursuant to Invitation to Bid 31-24 and
authorize the appropriate officials to execute same. (consent) Invitation to Bid #31-24 Purchase and Installation of Aluminum Signage was
released on March 29, 2024, and the city received four responsive responses
on April 30, 2024. The Parks & Recreation Department and the City’s
Procurement Division evaluated each of the four submissions and determined
that the two noted companies meet the requirements of the city.
The recommended award is as follows:
Performance Wrapz, LLC d/b/a Wraps Direct: Primary for:
Segment 1: Parks & Recreation Signage No Installation/Installation 1.A - 1.U
Segment 2: Other City Signage w/Installation 2.A - 2.P
Segment 2: Other City Signage No Installation/Installation 2.AA - 2.PP
Segment 3: Miscellaneous w/Installation 3.A - 3.C
Sign-Age of Tampa Bay, Inc: Primary for:
Segment 2: Other City Signage No Installation 2.A - 2.P Draft
City Council Meeting Minutes June 20, 2024
Page 11 City of Clearwater
Segment 2: Other City Signage No Installation/Installation 2.Q
Segment 2: Other City Signage No Installation 2.QQ
Segment 3: Miscellaneous No Installation 3.A - 3.C
These vendors represent the lowest most responsive and responsible bidders
in accordance with this solicitation. To ensure a continuity of supply and
flexibility in the ordering of product and/or services from the above listed
vendors as a secondary source.
This contract will be used to provide parks informational signage, ID signs, and
rule signs, and other city-wide facilities and projects among other departments
as needed.
The Parks & Recreation Department estimates the annual expense of this
contract at $200,000.00 from Parks & Recreation funding, and $75,000.00
from other city departments with two one-year renewal options. The Parks &
Recreation Department will ensure that all requirements, including any
applicable provision of insurance, will be met.
APPROPRIATION CODE AND AMOUNT:
Funding for Parks and Recreation sign purchases will come from the Operating
Supplies Fund #0101867-550400. Funding for other City Departments will
come from various appropriated funds.
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.
• 3.3: Promote marketing and outreach strategies that encourage stake
holder engagement, enhance community education, and build public
trust.
• 4.2: Adopt renewable resource usage and waste reduction practices to
ensure a vibrant City for current and future generations.
One individual spoke in support.
Councilmember Teixeira moved to award purchase orders to
Performance Wrapz, LLC dba Wraps Direct and Sign-Age of Tampa
Bay, Inc. for city-wide purchase and installation of aluminum
signage in the cumulative annual amount of $275,000.00 for initial
term of July 1, 2024 through June 30, 2025, with two, one year
renewal options pursuant to Invitation to Bid 31-24 and authorize
the appropriate officials to execute same. The motion was duly Draft
City Council Meeting Minutes June 20, 2024
Page 12 City of Clearwater
seconded and carried unanimously.
Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings
7.1 Amend the City’s fiscal year 2023/24 operating and capital improvement budgets at
mid-year and pass Ordinances 9771-24 and 9772-24 on first reading.
The fiscal year 2023/24 operating and capital improvement budgets were
adopted in October 2023 by ordinances 9714-23 and 9715-23. Section 2.521
of the City’s Code of Ordinances requires the City Manager to prepare a
quarterly report detailing income, expenditure estimates, collections, the
explanation of significant variances, as well as the financial status of all capital
improvement projects.
STRATEGIC PRIORITY:
The budgeting process aligns resource allocation to the advancement of our
community in all five strategic priorities: high performing government,
economic and housing opportunity, community well-being, environmental
stewardship, and superior public service.
Ordinances 9771-24 and 9772-24 were presented and read by title
only.
Vice Mayor Allbritton moved to amend the City’s fiscal year 2023/24
operating and capital improvement budgets at mid-year and pass
Ordinances 9771-24 and 9772-24 on first reading. The motion was
duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Rector, Vice Mayor Allbritton, Councilmember Cotton,
Councilmember Mannino and Councilmember Teixeira
7.2 Approve the reallocation of ARPA-related funding including $625,000 previously
allocated to Main Library renovations; the reallocation of $3,000,000 previously
allocated to the North Greenwood CRA; the reallocation of $40,000 of Cultural Affairs
Nonprofit Grant Program funds previously allocated to the Community Service
Foundation; and approve the reallocation of $3,000,000 of General Fund funding from
project ENGF220001, New City Hall, to the North Greenwood CRA.
In August 2022 Council approved the allocation of $22,483,893 in Draft
City Council Meeting Minutes June 20, 2024
Page 13 City of Clearwater
ARPA-related General Fund budget to various programs and projects. This
“ARPA-related” General Fund budget was available due to the use of the full
ARPA allocation received to fund allowable fiscal 2022 Police Department
salaries and wages under the revenue recovery ARPA program category. The
General Fund fiscal 2022 budget savings resulting from the ARPA allocation to
Police payroll was then allocated/expended by Council to various special
programs and capital projects that could now be accomplished due to the
revenue recovery. These are referred to as “ARPA-related” programs and
projects.
ARPA projects and programs must be committed/encumbered by December
31, 2024, and fully expended by December 31, 2026. These same deadlines
are applied to our “ARPA-related” programs and projects.
A total of $625 thousand was allocated to Main Library renovations. Staff has
determined that it is not possible to have this allocation encumbered or
committed by the 12/31/2024 deadline, and is recommending that Council
reallocate the funds as follows:
• An additional $225,338.14 to the ARPA-related project for solar at City
facilities. This increases the allocation to this project to $2,225,338.14.
• An allocation of $50,000 to the new ARPA-related “HB 1365/Pinellas
County” program to assist with a Pinellas County initiative to address
recent State legislative requirements related to unauthorized public
camping and public sleeping.
• An additional allocation of $349,661.86 to the ARPA-related project for
State Street Park improvements. This increases the allocation to this
project to $1,049,661.86.
A total of $3 million was allocated to the North Greenwood CRA. Staff has
determined it is not possible to have this allocation encumbered or committed
by the 12/31/2024 deadline and is requesting approval to reallocate it to the
New City Hall capital project. In conjunction with this Staff is requesting
approval to reallocate $3 million of General Fund funding from the New City
Hall capital project to the North Greenwood CRA to replace the ARPA-related
funding.
Finally, $40 thousand of the $1 million in Cultural Affairs Nonprofit Grants was
allocated to the Community Service Foundation for renovation of the Plumb
House per Council action on December 7, 2023. Staff is requesting reallocation
of this $40 thousand to the Clearwater Historical Society for the Plumb House
renovations.
Staff is available to address any questions regarding the requested allocations.
APPROPRIATION CODE AND AMOUNT:
If approved, the following budget amendments will be included at third quarter:
• A budget decrease/transfer of $625,000 of “ARPA-related” funding from
capital project 315-C2211, Main Library Renovation, transferring
$225,338.14 to capital project 315-G2214, ARPA Solar Panels; $50,000 Draft
City Council Meeting Minutes June 20, 2024
Page 14 City of Clearwater
to new special program 181-G2413, HB 1365/Pinellas County; and
$349,661.86 to capital project 315-G2218, ARPA State Street Park
Improvements.
• A budget decrease/transfer of $3,000,000 of “ARPA-related” funding
from special program G2210, ARPA North Greenwood CRA, to capital
project ENGF220001, New City Hall.
• A budget transfer of $3,000,000 of General Fund Revenue to the newly
created North Greenwood CRA special revenue fund (189).
One individual questioned the functionality of the elevator in the Main
Library.
Councilmember Mannino moved to approve the reallocation of
ARPA-related funding including $625,000 previously allocated to
Main Library renovations; the reallocation of $3,000,000 previously
allocated to the North Greenwood CRA; the reallocation of $40,000
of Cultural Affairs Nonprofit Grant Program funds previously
allocated to the Community Service Foundation; and approve the
reallocation of $3,000,000 of General Fund funding from project
ENGF220001, New City Hall, to the North Greenwood CRA. The
motion was duly seconded and carried unanimously.
7.3 Approve a Future Land Use Map Amendment from the Institutional (I) category to the
Commercial General (CG) category for 407 South Saturn Avenue and pass Ordinance
9765-24 on first reading. (LUP2024-02001)
This Future Land Use Map Amendment involves three parcels of land totaling
2.284-acres located on the northeast corner of Gulf to Bay Boulevard and
South Saturn Avenue. The applicant, St. Paul’s Lutheran Church, Inc., is
requesting to amend the future land use category of the property from
Institutional (I) to Commercial General (CG). The applicant has indicated that
the property will be used for a future commercial use, but no site plans have
been submitted at this time. A Zoning Atlas Amendment application
(REZ2024-02001) is being processed concurrently with this case.
The subject property is currently occupied with a place of worship (church) and
associated parking. The church has occupied this property since at least 1957,
when the earliest structure, located on the northwest corner of the larger parcel
fronting Gulf to Bay Boulevard, was constructed. The church expanded in 1958
with the construction of the two-story structure east of the original building, and
then with the construction of the third structure currently fronting Gulf to Bay
Boulevard in 1970. These three buildings contain just over 25,000 square feet
of building area.
The existing Institutional (I) category has a maximum density of 12.5 dwelling
units per acre and a maximum floor area ratio (FAR) of 0.65. The proposed
Commercial General (CG) category has a maximum density of 24 units per Draft
City Council Meeting Minutes June 20, 2024
Page 15 City of Clearwater
acre, a maximum overnight accommodation (hotel) density of 40 units per
acre, and a maximum floor area ratio (FAR) of 0.55. The proposed amendment
would allow the property to have a consistent future land use category of
Commercial General (CG) with the remaining block and surrounding area and
allow for the development of the property with a commercial use, consistent
with uses in the area.
The Planning and Development Department has determined that the proposed
future land use amendment is consistent with the provisions of the Clearwater
Community Development Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan
and the Countywide Plan Rules.
• The proposed amendment is compatible with the surrounding
properties and character of the neighborhood.
• Sufficient public facilities are available to serve the property.
• The proposed amendment will not have an adverse impact on the
natural environment.
• The proposed amendment will not have an adverse impact on the use
of property in the immediate area.
The proposed City of Clearwater future land use category of Commercial
General (CG) will necessitate an amendment of the Countywide Plan Map from
the Public/Semi-Public (P/SP) category to the Retail & Sales (R&S) category.
Additionally, the proposed City of Clearwater future land use category of
Commercial General (CG) will also necessitate an amendment to the Land Use
Strategy Map, which is part of the Countywide Rules, to amend a portion of the
property from the Scenic/Noncommercial Corridor, Residential Category to the
Scenic/Noncommercial Corridor, Mixed Use Category. In accordance with the Countywide Plan Rules, the land use plan amendment
is subject to the approval of Forward Pinellas, in its role as the Pinellas
Planning Council, and the Board of County Commissioners acting as the
Countywide Planning Authority. The application is a small-scale amendment so
review and approval by the Florida Department of Commerce (DOC), formerly
known as the Florida DEO, is not required.
The Community Development Board, in its capacity as the Local Planning
Agency (LPA), reviewed the proposed amendment at its meeting on May 21,
2024, and unanimously recommended approval.
STRATEGIC PRIORITY:
This proposed amendment supports the Community Well-Being goal of the
city’s Strategic Plan by providing for targeted revitalization through responsible
development standards.
Applicant Representative Ryan Manasse reviewed the request.
The Mayor requested consideration to take Item 8.1 out of order and
hear it before Item 7.4 Draft
City Council Meeting Minutes June 20, 2024
Page 16 City of Clearwater
The City Clerk said Item 8.1 is the companion item for Item 7.3.
There was consensus to take Item 8.1 out of order.
Ordinance 9765-24 was presented and read by title only.
Councilmember Cotton moved to approve a Future Land Use Map
Amendment from the Institutional (I) category to the Commercial
General (CG) category for 407 South Saturn Avenue and pass
Ordinance 9765-24 on first reading. The motion was duly seconded
and upon roll call, the vote was:
Ayes: 5 - Mayor Rector, Vice Mayor Allbritton, Councilmember Cotton,
Councilmember Mannino and Councilmember Teixeira
7.4 Approve an increase and proposal from Kokolakis Contracting, Inc., of Tarpon
Springs, FL., for the construction of the Clearwater Beach Marina (21-0008-MA) in the
amount of $43,469,475.00 bringing the total to $43,568,739.00 pursuant to Request
for Qualifications (RFQ) 19-22; approve a not to exceed loan of $18,000,000.00 from
the Capital Improvement Fund to the Marine Fund and authorize the appropriate
officials to execute same.
The City of Clearwater has operated a marina at Clearwater Beach since the
1940’s. Historical aerials confirm the Beach Marina was built prior to 1951 and
was expanded by 1965 to essentially what exists today. Over the past 50 years
the marina has been repaired but never refurbished or fully replaced. In 2005,
the City considered a replacement of only the docks at an estimated cost of $8
million dollars. That project was never initiated. The existing marina
infrastructure has reached the end of its serviceable life and needs to be
replaced.
In October of 2021, due to the advanced age of all overwater structures and
utilities, City Council authorized Moffatt & Nichol, of Tampa, FL., to begin the
design and permitting process to replace these components and incorporate a
vision that integrated Beach Walk with the Beach Marina, creating “Marina
Walk.”
Moffatt & Nichol gave a presentation to the City Council Work Session on
October 3, 2022. The engineer’s estimate of probable construction cost at the
time of presentation was approximately $28 million dollars. At that time, City
Council recommended the design be completed with an emphasis on quality of
form and function including, but not limited to, a new seawall and a
combination of fixed and floating docks.
Council also gave direction at the council meeting on October 6, 2022, for the
addition of a Supplemental Work Order for Moffatt & Nichole to research
parking needs and for staff to consider a preliminary design option for a Draft
City Council Meeting Minutes June 20, 2024
Page 17 City of Clearwater
parking garage to ensure coordination with the final marina design. The
supplemental Work Order was completed, and a pro-forma and design costs
have been established. Staff are working on the parking garage at the Beach
Marina as a separate project but seeking to incorporate construction into the
phased construction of the Beach Marina and will present that option to Council
at a later date. The parking garage will provide the necessary parking and
upland support needed for the commercial operations at the Beach Marina.
On January 12, 2023, Council authorized the contract and pre-construction
phase proposal with Kokolakis to renovate the Beach Marina in the amount of
$99,264.00 pursuant to Request for Qualifications (RFQ) 19-22.
On November 13, 2023, Moffat & Nichol gave the final design presentation to
Council’s work session. The reconstruction of the Beach Marina will include a
wide variety of resiliency features including the raising of the seawall, updating
all utilities, dredging, floating dock structures, and the future ability to add boat
charging stations for electric boats. The engineer’s opinion of probable
construction cost for the final design was raised to $35.1 million dollars.
The Clearwater Beach Marina will maintain our current slip count of 165 slips
(83 recreational slips, 59 commercial slips, and 23 transient slips). The fuel
dock will be able to accommodate all tenants as well as visitors and residents
of Clearwater. Two (2) ferry slips are included, and they will be able to
accommodate the new ferry vessels that will be operational in early 2025. The
Marina Walk will include 24 kiosks available for the commercial fleet to lease
and conduct sales from.
Construction of the Beach Marina is expected to begin in October 2024 and is
scheduled to be completed the spring of 2026. The construction GMP is
$43,469,475.00, and the total project budget is estimated to be $46.5 million.
This project is currently underfunded with a total of $28,492,258.00 currently
available. The increase in budget is the result of labor (10-15% increase in last
18 months) and material cost escalations exceeding that accounted for during
the construction cost estimate exercises. For example, the cost of concrete
used for the floating docks and marina walk has risen sharply by 40% since
2020 as reflected by the producer price index for cement and concrete.
Similarly, the cost of electrical equipment and conductors has risen drastically.
The cost of aluminum and copper has increased by 25% and 26% in the last 4
months. Other increases are the results of upgrading existing site grade
conditions for stormwater runoff, cost of phasing the project to allow continuity
of commercial operations ($1,000,000), and specialty marine products (cleats,
pedestals, etc.) increased by 20-30% in the last 18 months.
Currently there is an outstanding grant application in process with the Tourist
Development Council (TDC) to help supplement the funding needed for this
project. The remaining funding needed will be provided by a 10-20-year 0%
interest not to exceed loan of $18 million from the Capital Improvement Fund,
to be reduced by the award of grant funding (payment structure TBD based
upon amount of grant award). A 1-year deferral of payment (from project
completion) will allow time to implement new rates for slip rentals and to
reestablish revenue levels/profitability. Draft
City Council Meeting Minutes June 20, 2024
Page 18 City of Clearwater
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendment will provide an increase of $18,000,000.00
in capital project C1905, Beach Marina Upgrade, which will provide the
remaining funding needed to establish the total project budget. Once
amended, sufficient funding/budget will be available in capital improvement
project C1905, Beach Marina Upgrade to fund this GMP proposal.
STRATEGIC PRIORITY:
High Performing Government
1.2 Maintain public infrastructure, mobility systems, natural lands,
environmental resources, and historic features through systematic
management efforts.
Economic & Housing Opportunity
2.2 Cultivate a business climate that welcomes entrepreneurship, inspires local
investment, supports eco-friendly enterprises, and encourages high-quality job
growth.
2.3 Promote Clearwater as a premier destination for entertainment, cultural
experiences, tourism, and national sporting events.
Public Works director Marcus Williamson said market prices are
beginning to swing much faster post COVID. The estimates provided by
the architects and engineers are no longer current because they are
based on historical data. He said the CMAR or general contractor are
the ones who obtain an estimate directly from the vendor for current
pricing. Staff is in taking steps to scope the budget more thoroughly and
updating the estimates annually.
One individual spoke in support.
One individual questioned if floating docks were being considered as
part of the project.
One individual expressed concern with the lack of storage and
supported additional parking.
One individual spoke in opposition.
Vice Mayor Allbritton moved to approve an increase and proposal
from Kokolakis Contracting, Inc., of Tarpon Springs, FL., for the
construction of the Clearwater Beach Marina (21-0008-MA) in the
amount of $43,469,475.00 bringing the total to $43,568,739.00
pursuant to Request for Qualifications (RFQ) 19-22; approve a not
to exceed loan of $18,000,000.00 from the Capital Improvement
Fund to the Marine Fund and authorize the appropriate officials to Draft
City Council Meeting Minutes June 20, 2024
Page 19 City of Clearwater
execute same. The motion was duly seconded and carried
unanimously.
7.5 Approve to vacate city right-of-way (ROW) and alley as requested by the adjoining
parcel landowner First Baptist Church of Clearwater, Inc., as shown on Exhibit A, a
part of Kentucky Avenue, a 60’ foot platted right of way, Michigan Avenue a 60’ foot
platted right of way, and the Platted 16-foot alley in Block 4, all being contiguous with
Block 4 of Bayview City Subdivision as recorded in Official Records Book 9, Page 43,
Public Records of Pinellas county, Florida, and pass Ordinance 9753-24 on first
reading.
The landowner has requested the City to vacate its platted ROW and alley
interest in Kentucky Ave, a non-named 16-foot alley, and Meadow Lark
Lane/Michigan Blvd for their proposed parcel assemblage into sporting fields.
The requesting landowner by virtue of owning both sides of said ROW’s and
Alley shall assume the full vacated width.
During the initial city site plan review, a vehicle turn-around was requested.
The proposed plan did not support this use, with all lands used as fields, public
seating, and supporting maintenance structures.
In response to avoid this request, the landowner extended their ROW vacation
area to include and develop all owned parcels. Extending said use ended the
need for a turn-around since no vehicles will be permitted within the field area
except for sports use. The existing roadway section of Meadow Lark Ln. being
vacated, will not remain as a road.
To approve this elimination, the landowner agreed to barricade with signage
and close off all vehicular traffic at dead end of Meadow Lark Ln., where
vacated portion transitions to city ROW.
The existing homes at the new road terminus do not need a turn-around as
their existing driveway and street access are sufficient.
The City has multiple utilities within this vacated area with the landowner by
Ordinance to execute all necessary easements.
City staff have approved this request.
One individual spoke in support.
Ordinance 9753-24 was presented and read by title only.
Councilmember Mannino moved to approve to vacate city
right-of-way (ROW) and alley as requested by the adjoining parcel
landowner First Baptist Church of Clearwater, Inc., as shown on Draft
City Council Meeting Minutes June 20, 2024
Page 20 City of Clearwater
Exhibit A, a part of Kentucky Avenue, a 60’ foot platted right of way,
Michigan Avenue a 60’ foot platted right of way, and the Platted
16-foot alley in Block 4, all being contiguous with Block 4 of
Bayview City Subdivision as recorded in Official Records Book 9,
Page 43, Public Records of Pinellas county, Florida, and pass
Ordinance 9753-24 on first reading. The motion was duly seconded
and upon roll call, the vote was:
Ayes: 5 - Mayor Rector, Vice Mayor Allbritton, Councilmember Cotton,
Councilmember Mannino and Councilmember Teixeira
7.6 Approve to vacate a 5-foot portion of a 10-foot drainage utility easement by request of
landowner Eisen Joven located at 1317 Melonwood Ave, Clearwater as shown on
Exhibit A, as further defined the Westerly 5 feet of a rear Northern 10-foot drainage
utility easement in Lot 10, Block 4, Woodvalley Unit No. 5, a subdivision according to
a recorded Plat Book 68, Page 32, in the Public Records of Pinellas County, Florida,
and pass Ordinance 9767-24 on first reading.
The current northern drainage utility easement is 10 feet in width.
The proposed 5 foot W portion of the 10-foot N easement is to accommodate a
pool and deck installation.
There are no other utilities within this vacated area.
City staff have reviewed and approved this request.
Ordinance 9767-24 was presented and read by title only.
Councilmember Cotton moved to approve to vacate a 5-foot portion
of a 10-foot drainage utility easement by request of landowner
Eisen Joven located at 1317 Melonwood Ave, Clearwater as shown
on Exhibit A, as further defined the Westerly 5 feet of a rear
Northern 10-foot drainage utility easement in Lot 10, Block 4,
Woodvalley Unit No. 5, a subdivision according to a recorded Plat
Book 68, Page 32, in the Public Records of Pinellas County, Florida,
and pass Ordinance 9767-24 on first reading. The motion was duly
seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Rector, Vice Mayor Allbritton, Councilmember Cotton,
Councilmember Mannino and Councilmember Teixeira
7.7 Approve to vacate a 10 foot utility easement by request of Landowner AnnMarie Maier
located at 1760 Catherine Drive, Clearwater as shown on Exhibit A and further
defined as the South 5-foot utility easement of Lot 31, Block C and the North 5-foot
utility easement, of Lot 32, Block C, as recorded in Plat Book 66 Page 16, Sall’s Lake Draft
City Council Meeting Minutes June 20, 2024
Page 21 City of Clearwater
Park, of the Public Records of Pinellas County, Florida, and pass Ordinance 9768-24
on first reading.
This 10-foot utility easement was initially plat recorded parallel to the sides of
each parcel.
The landowner purchased half of the adjoining parcel, overlapping the utility
easement.
No utilities were ever placed within this parcel's side easement during
development.
Exhibit “A” shows the encroaching platted easements to now vacate.
There are no other utilities within this vacated area.
City staff have reviewed and approved this request.
Ordinance 9768-24 was presented and read by title only.
Councilmember Teixeira moved to approve to vacate a 10 foot
utility easement by request of Landowner AnnMarie Maier located
at 1760 Catherine Drive, Clearwater as shown on Exhibit A and
further defined as the South 5-foot utility easement of Lot 31, Block
C and the North 5-foot utility easement, of Lot 32, Block C, as
recorded in Plat Book 66 Page 16, Sall’s Lake Park, of the Public
Records of Pinellas County, Florida, and pass Ordinance 9768-24
on first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Rector, Vice Mayor Allbritton, Councilmember Cotton,
Councilmember Mannino and Councilmember Teixeira
7.8 Continue to a date uncertain: Approve to vacate a city storm sewer easement located
at 1000 Lakeview road, Clearwater as shown on Exhibits A and B and further defined
as the Northern 10 feet of Lots 12 and 13, Block 19, Milton Park replat as recorded in
Plat book 10, page 28 and under O.R. Book 3750, Page 354, of the Public records of
Pinellas County, FL, and pass Ordinance 9769-24 on first reading.
This storm sewer line was city maintained to now become private.
Turning this line into private reduces the City’s maintenance costs.
There are no other utilities within this easement area.
City staff have reviewed and approved this request. Draft
City Council Meeting Minutes June 20, 2024
Page 22 City of Clearwater
No Action.
8. Quasi-Judicial Public Hearings
8.1 Approve a Zoning Atlas Amendment from the Institutional (I) District to the
Commercial (C) District for 407 South Saturn Avenue and pass Ordinance 9766-24 on
first reading. (REZ2024-02001) This Zoning Atlas Amendment involves two parcels of land totaling a
2.056-acre portion of a 2.284-acre property on the northeast corner of Gulf to
Bay Boulevard and South Saturn Avenue. The applicant, St. Paul’s Lutheran
Church, Inc., is requesting to amend the Zoning Atlas designation of the
property from the Institutional (I) District to the Commercial (C) District. The
applicant has indicated that the property will be used for a future commercial
use, but no site plans have been submitted at this time. A Future Land Use
Map Amendment application (LUP2024-02001) is being processed
concurrently with this case.
The subject property is currently occupied with a place of worship (church) and
associated parking. The church has occupied this property since at least 1957,
when the earliest structure, located on the northwest corner of the larger parcel
fronting Gulf to Bay Boulevard, was constructed. The church expanded in 1958
with the construction of the two-story structure east of the original building, and
then with the construction of the third structure currently fronting Gulf to Bay
Boulevard in 1970. These three buildings contain just over 25,000 square feet
of building area.
The proposed amendment would allow the property to have a consistent
zoning district of Commercial (C) with the remaining block and surrounding
area and allow for the development of the property with a commercial use,
consistent with uses in the area.
The Planning and Development Department has determined that the proposed
Zoning Atlas Amendment is consistent with the provisions of the Community
Development Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan
and the Community Development Code.
• The proposed amendment is compatible with the surrounding
properties and character of the neighborhood.
• The available uses in the Commercial (C) District are compatible with
the surrounding area.
• The proposed amendment will not adversely impact or unreasonably
affect the use of other property in the area. Draft
City Council Meeting Minutes June 20, 2024
Page 23 City of Clearwater
• The proposed amendment will not adversely burden public facilities,
including traffic carrying capabilities of streets in an unreasonably or
disproportionate manner, and
• The proposed Commercial (C) District boundaries are appropriately
drawn in regard to location and classification of street, ownership lines,
existing improvements and the natural environment.
The Community Development Board, in its capacity as the Local Planning
Agency (LPA), reviewed the proposed amendment at its meeting on May 21,
2024, and unanimously recommended approval.
STRATEGIC PRIORITY:
This proposed amendment supports the Community Well-Being goal of the
city’s Strategic Plan by providing for targeted revitalization through responsible
development standards.
Applicant Representative Ryan Manasse reviewed the request.
Ordinance 9766-24 was presented and read by title only.
Councilmember Teixeira moved to approve a Zoning Atlas
Amendment from the Institutional (I) District to the Commercial (C)
District for 407 South Saturn Avenue and pass Ordinance 9766-24
on first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Rector, Vice Mayor Allbritton, Councilmember Cotton,
Councilmember Mannino and Councilmember Teixeira
9. Citizens to be heard re items not on the agenda - For purposes of this role,
“items pertaining to city business” includes any matter within the Council’s or
the City Manager’s power to act, any matter that the Council previously voted on
or discussed at the dais, or any matter discussed by or scheduled to be
considered by another governmental entity that affects the operation of the City. Each person who wishes to address the Council shall complete a comment card
and submit the card to the City Clerk (right-hand side of dais) before the speaker
will be permitted to speak. However, if the speaker has just arrived or decided to
speak, the Chair may allow the card to be filled out after speaking. Individuals
will limit their comments to a maximum of three minutes. The Mayor shall advise the speaker that their time has expired. If the person remains at the podium,
thereby interfering with other persons who may wish to be heard, the speaker’s
microphone may be turned off, or the Mayor may rule the person out of order in
accordance with Rule 15.
Mr. Holuba expressed concerns that the City Manager does not reside Draft
City Council Meeting Minutes June 20, 2024
Page 24 City of Clearwater
within city limits, as required by her position and employment
agreement.
Tony Tello said the Downtown merchants want common sense signage
practices.
Cherile Johnson and Andre Johnson expressed concerns with broken
sidewalks located within the city and lack of pedestrian safety during
construction activity.
Trisha Neuman expressed concern with cyclists under 18 years who do
not wear helmets and encouraged the Clearwater Police Department to
issue warning to cyclists and pedestrians who are not following rules.
Mike Taylor displayed an excerpt of the City Manager's employment
contract.
The Council recessed from 7:19 p.m. to 7:21 p.m.
Major Lee Lawson and Mr. Anthony opposed to limiting public
comments to those who reside in Pinellas County.
Mr. John expressed concern with the door windows in Chambers being
blacked-out and opposed to limiting public comment.
Dr. Shawn Berry said the people have the right to redress their
government without being brutalized by police.
Michael Mastruserio expressed concerns with the CRA plan for the 400
and 500 blocks of Cleveland Street that was approved on Monday and
supported amending the sign code. He said the online portal to
purchase permits for A frame signs is closed.
Blain Enderle questioned why the City Manager's spouse was included
in her employment contract
Tony Tello and Xavier Walten supported a summer concert series and
more family friendly events in the Downtown District.
Mr. Dan referenced recent newspaper articles regarding Madeira Beach
and St. Pete Beach.
Dale Robinson supported allowing leeway beyond the City's 10%
window signage rule if the signs are professional and tasteful.
Draft
City Council Meeting Minutes June 20, 2024
Page 25 City of Clearwater
K. Furey, Janice Hallman, and Lori Ferguson submitted emails opposing the
sale of compost and fertilizer (see pages 27-29).
Bill Jonson submitted an email regarding public comments (see page 30).
10. City Manager Reports – None.
11. City Manager Verbal Reports
11.1 North Beach Update
Public Works Director Marcus Williamson provided an update on the progress of the tidal valve project.
12. City Attorney Reports
In response to a question, the City Attorney said there is a residency
requirement for the city attorney and the city manager, which is common for many cities. He said the current City Manager's contract is phrased
differently than the previous city manager and addresses how residency
would be established. The City Manager is in full compliance with the
employment contract. He said he has no concerns with the contract and
only regrets spending the last seven minutes explaining it.
13. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Teixeira reviewed upcoming events and quoted Coretta
Scott King, " The greatness of a community is most accurately
measured by the compassionate actions of its members, a heart of
grace, and a soul generated by love."
Councilmember Mannino wished Clearwater residents Bobby Finke and
Noah Lyons safe travels and the best of luck in Paris. He thanked the
Downtown businesses and merchants for their dedication and efforts to make Downtown great. He supported delaying the enforcement of
signage code in Downtown so businesses may continue to grow.
Vice Mayor Allbritton said the PSTA Planning Committee met yesterday
and discussed how ridership and tourist services could be increased. He
said PSTA's $121,000,000 budget anticipates a $1 million surplus and
no service reductions.
14. Closing Comments by Mayor
The Mayor said the City Manager has fulfilled all requirements outlined
in her employment contract. He said the consideration to limit public
comment is a result of many residents who have legitimate concerns are
choosing not to attend council meetings due to the lack of decorum that Draft
City Council Meeting Minutes June 20, 2024
Page 26 City of Clearwater
has transpired recently. 15. Adjourn
The meeting adjourned at 8:07 p.m.
Mayor
City of Clearwater
Attest
City Clerk Draft
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0798
Agenda Date: 7/15/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Office of Management & Budget
Agenda Number: 6.1
SUBJECT/RECOMMENDATION:
Adopt a tentative millage rate of 5.8850 mills for fiscal year 2024/25; and set public hearing dates on the
budget for September 4, 2024 and September 17, 2024, to be held no earlier than 6 p.m.
SUMMARY:
In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage
rate and set public hearing dates prior to finalizing and adopting a budget. This information must be
provided to the Pinellas County Property Appraiser and Tax Collector by July 30, 2024. The City's
proposed millage rate and public hearing dates will be included on the TRIM notices mailed to taxpayers in
August. This tentative rate cannot be increased without first-class mailing notification to each taxpayer at
the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the public
hearing.
The City Manager's recommended millage rate is 5.8850 mills, the same as the current year. This rate is
6.81% more than the rolled back rate of 5.5100 mills. The rolled-back rate is the millage rate that will
provide the City with the same property tax revenue as was levied in the prior year. If the proposed millage
rate of 5.8850 mills is adopted, the City's ordinance adopting the millage rate will reflect a 6.81% increase
from the rolled-back rate of 5.5100 mills.
The proposed millage rate as well as other TRIM millage rates will be noted on the 2024 compliance forms
as follows:
5.8850 mills - Tentative millage rate
5.5100 mills - Rolled-back millage rate
6.1352 mills - Maximum majority vote rate
6.7487 mills - Maximum two-thirds vote rate
A special budget work session is scheduled for Wednesday, August 14, 2024, at 9:00 am to fully discuss
the proposed budget.
STRATEGIC PRIORITY:
The budgeting process aligns resource allocation to the advancement of our community in all five strategic
priorities: high performing government, economic and housing opportunity, community well-being,
environmental stewardship, and superior public service.
Page 1 City of Clearwater Printed on 7/9/2024
|1CITY OF CLEARWATERmyclearwater.com
Preliminary
Annual Operating &
Capital Improvement
Budget
Fiscal Year
2024/25
|2CITY OF CLEARWATER
Key points:
•Balanced budget for fiscal year 2024/2025, using reserves to
fund one-time projects
•Strategic Plan – priority list implementation
•Same millage rate as the current year
•Additional FTEs – net increase of 17.6
•Focused on maintaining current facilities and services
•Looking to the future: new City Hall & MSB renovation, pay-
plan maintenance, public safety union negotiations, Phillies
negotiations, project plan implementation
|3CITY OF CLEARWATER
Total Budget
(All City Operations)
Amended
FY 2023/24
Proposed
FY 2024/25
%
Inc/(Dec)
Operating Funds $584,516,802 $592,871,117 1%
Capital Funds $160,836,802 $152,838,700 (5%)
Total - All Funds $745,353,604 $745,709,817 0%
|4CITY OF CLEARWATER
All Funds
Fund
Amended
FY 2023/24
Proposed
FY 2024/25
Increase/
(Decrease)
General Fund 203,208,415 226,606,480 12%
Utility Funds 224,302,937 206,811,310 (8%)
Enterprise Funds 31,089,511 48,774,190 57%
Internal Service Funds 83,319,622 87,294,240 5%
Special Revenue Funds 42,596,317 23,384,897 (45%)
Capital Fund 160,836,802 152,838,700 (5%)
|5CITY OF CLEARWATER
$0
$3
$6
$9
$12
$15
$18
$21
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
$8.2 $8.7 $10.2 $11.9 $13.4
$16.9
$18.5
Taxable Property Values Billion
|6CITY OF CLEARWATER
Millage Rate
•A “mill” is the property tax levy of $1 per $1,000 of taxable
property value
•Current Millage Rate 5.8850 mills
•Proposed Millage Rate 5.8850 mills
• (6.81% greater than rolled-back rate)
•The rolled-back rate is the millage rate that will provide the
same revenues as prior year if applied to the current tax roll
(after adjusting for new construction)
•Rolled-back Rate 5.5100 mills
|7CITY OF CLEARWATER
$0
$15
$30
$45
$60
$75
$90
$105
$40.8 $46.6 $63.8
$71.9
$85.0 $95.2 $104.3
Ad Valorem Tax Revenues
Million
|8CITY OF CLEARWATER
General Fund Revenues
Source Amended FY 23/24 Proposed FY 24/25 Inc/(Dec)
Ad Valorem Tax $90,683,430 $99,346,030 10%
Utility Taxes 18,655,000 20,693,870 11%
Other Taxes 6,300,000 6,160,000 (2%)
Franchise Fees 11,220,000 12,600,000 12%
Intergovernmental 29,859,340 32,331,010 8%
Charges for Service 17,368,355 18,479,320 6%
Transfers In 13,371,387 14,948,960 12%
All Other Revenue 12,036,520 13,747,290 14%
Transfer (to)/from Surplus 3,714,383 8,300,000
TOTAL $203,208,415 $226,606,480 12%
|9CITY OF CLEARWATER
General Fund – Revenues
Ad Valorem
44%
Intergovernmental
14%Utility Taxes
9%
Franchise and
Other Tax 8.5%
Charges for
Service 8%
Transfers In 6.5%
Other/Misc. 6%
Use of Reserves 4%
$226.6 Million
|10CITY OF CLEARWATER
General Fund Expenditures
Department Amended FY 23/24 Proposed FY 24/25 Inc/(Dec)
Police $57,203,994 $58,679,490 3%
Fire 35,448,742 35,817,579 1%
Parks & Recreation 45,609,955 56,857,045 25%
Library 9,391,098 10,090,842 7%
Planning & Development 8,875,995 9,434,077 6%
Public Works 15,051,391 17,975,099 19%
Non-Departmental 13,599,025 18,799,898 38%
All Other Departments 18,028,215 18,952,450 5%
TOTAL $203,208,415 $226,606,480 12%
|11CITY OF CLEARWATER
General Fund – Expenditures By Department
Police 26%
Fire / EMS
16%
Parks &
Recreation
25%
Library 4%
Planning &
Development
4%
Public Works 8%
Non-Departmental
8%
Admin/Other
9%
Public
Safety
42%
$226.6 Million
|12CITY OF CLEARWATER
General Fund - By Category
Personnel
58.5%
Operating 15%Internal
Service 11%
Interfund
Transfers 14%
Debt and Capital
1.5%
$226.6 Million
|13CITY OF CLEARWATER
1,709.7 1,790.3 1,834.6 1,840.0 1,877.8 1,886.7 1,904.3
0.0
200.0
400.0
600.0
800.0
1,000.0
1,200.0
1,400.0
1,600.0
1,800.0
2,000.0
Other Funds General Fund
Full Time Equivalent Positions (All Funds)
|14CITY OF CLEARWATER
Additional FTEs Proposed
Strategic
Priority Department
General
Fund
Other
Funds Total
Police, Public Works, Public Utilities, General
Services & Fleet, Information Technology 5 11 16
Human Resources 1.3 1.3
Parks & Recreation (Special Program Fund)0.3 0.3
Total New FTE’s 6.3 11.3 17.6
|15CITY OF CLEARWATER
Capital Improvement Fund
Utility
Operations
37%
General
Government
32%Internal
Service 9%
Small Enterprise
22%
$152.8 Million
|16CITY OF CLEARWATER
Public Hearings
•Wednesday, September 4 – 6 pm
•Tuesday, September 17 – 6 pm
Special Work Session
•Wednesday, August 14 – 9 am
|17CITY OF CLEARWATERmyclearwater.com
Preliminary
Annual Operating &
Capital Improvement
Budget
Fiscal Year
2024/25
BE
OUR
GUEST
task
that
starts
with
the
introduction
and
dissemination
of
a
generic,
organization -
wide
set
of
image
and
behavioral
stan-
dards.
At
Disney,
every
new
cast
member
learns
these
perfor-
mance
tips
during
their
first
on-
the-
job
experience,
the
Disney
Traditions
orientation
program.
One
aspect
of
this
training
that
you
have
already
been
exposed
to
is
its
language.
The
very
words
that
are
used
to
describe
customers,
work,
employ-
ees,
and
so
on
suggest
the
way
in
which
cast
members
will
be
expected
to
approach
their
roles.
As
in
other
organizations,
Disney'
s
150,
000
cast
members
play
a
huge
number
of
different
roles.
So
a
large
part
of
the
work
of
equipping
the
cast
with
the
information
and
tools
they
need
must
be
conducted
on
the
job.
This
requires
the
creation
of
location -
specific
performance
cultures.
A
performance
cul-
ture
is
a
set
of
behaviors,
mannerisms,
terms,
and
values
that
are
taught
to
new
cast
members
as
they
enter
their
job
location.
As
we
will
see
in
Chapter
3,
the
generic
performance
tips
that
define
behavior
across
the
organization
and
the
job -
specific
performance
culture
are
both
used
to
build
the
skills
and
talent
of
the
cast.
They
also
provide
a
baseline
for
evalua-
tion
and
improvement.
Setting:
The
second
service -
delivery
system
is
the
setting
in
which
you
conduct
business.
Your
setting
is
wherever
your
cus-
tomers
meet
you.
Whether
that
is
a
retail
store
or
a
hospital
or
a
Web
site
or
a
telephone
call
center,
the
setting
that
customers
encounter
plays
a
critical
role
in
how
they
perceive
their
experi-
ence
with
your
organization.
The
importance
of
managing
the
22
DISNEY'
S
APPROACH
TO
QUALITY
SERVICE
effect
of
setting
on
the
guest
experience
can
be
summed
up
in
two
words: ,
thing=,
peaks.
r'
Here'
s
a
quick
example
from
Disney'
s
history.
John
Hench,
one
of
the
original
Disney
Imagineers (
the
folks
who
design
and
build
all
of
Disney'
s
theme
parks),
remembers
watching
Walt
finesse
a
setting: "
I
was
so
astonished
by
the
way
Walt
would
create
a
kind
of
live-
action
cross -
dissolve
when
passing
from
one
area
of
Disneyland
to
another.
He
would
even
insist
on
changing
the
texture
of
the
pavement
at
the
threshold
of
each
new
land
because,
he
said, '
You
can
get
information
about
a
changing
environment
through
the
soles
of
your
feet. "
8
In
Disney
theme
parks, `
ge,
hing
sprees
means
that
every
detail—
from
the
doorknobs
to
the
dining
rooms—
sends
a
message
to
guests.
That
message
must
be
consistent
with
the
common
purpose
and
quality
standards,
and
it
must
support
and
further
the
show
being
created.
The
next
time
you
are
in
the
Magic
Kingdom,
have
some
fun
and
pay
attention
to
what
your
feet
sense
as
you
walk
from
one
themed
area
to
the
next.
Setting
includes
the
environment,
the
objects
located
within
the
environment,
and
the
procedures
that
enhance
the
quality
of
the
environment.
We
will
be
exploring
several
spe-
cific
ways
to
work
with
setting
in
Chapter
4:
we
will
see
how
setting
can
incorporate
quality
standards,
how
it
can
guide
the
guest
experience,
and
how
it
can
speak
to
all
of
a
guest'
s
senses.
Process:
The
third
service -
delivery
system
is
process.
Pro-
cesses
often
encompass
and
utilize
both
cast
and
setting,
and
they
comprise
the
most
prominent
service -
delivery
system
in
23
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9773-24
Agenda Date: 7/15/2024 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Public Works
Agenda Number: 6.2
SUBJECT/RECOMMENDATION:
Amend special conditions of Ordinance 9167-18 referencing 385 S. Gulfview Blvd. vacating a portion of
Gulfview Boulevard Right-of-Way lying in the Southwest ¼ of Section 8, Township 29 South, Range 15
East, Pinellas County, Florida, as recorded in Plat Book 13, Page 12 of the Official Records of Pinellas
County, Florida, subject to special conditions, and pass Ordinance 9773-24 on first Reading.
SUMMARY:
On September 6, 2018, the City of Clearwater adopted Ordinance Number 9167-18, which vacated the
right-of-way adjacent to 385 S. Gulfview Blvd. subject to several conditions precedent, including the
relocation of all utilities outside of the vacated right-of-way at the Property Owner’s expense.
During construction, the City’s stormwater pipe was rerouted to a new location, and the water and sewer
systems were reconstructed in place. All utility systems are now located within the footprint of the
building.
As a result, city staff negotiated a new Easement Agreement by which the Property Owner assumes
ownership and maintenance responsibilities of the stormwater system within the footprint of the building.
The City will maintain ownership and maintenance of the water and sewer systems, but the Property
Owner will assume liability and indemnify the City for all utilities located within the footprint of the building.
This Ordinance amends the original vacation Ordinance to approve the current location of utilities subject
to the terms of the described Easement Agreement.
City staff reviewed this item and recommend approval.
STRATEGIC PRIORITY:
Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic
features through systematic management efforts.
Page 1 City of Clearwater Printed on 7/9/2024
HAMDEN DR S GULFVI
EW BL
VD CORONADO DR FIFTH ST
BAYSIDE DR
BRIGHTWATER DR
SECOND ST
THIRD ST
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
PROPOSEDVACATION
^
CRM JB N.T.S.276A 08-29s-15e5/29/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
PROPOSED RIGHT OF WAY VACATIONOF A PORTION OF S. GULFVIEW BLVDGULFOFMEXICO
Document Path: V:\GIS\Engineering\Location Maps\SGulfviewROW.mxd
This Instrument Prepared By:
Jerrod D. Simpson, Esq. City Attorney's Office 600 Cleveland Street, Suite 600
Clearwater, FL 33755
After Recording, return to: Robert Kasmer, Real Estate Coordinator Public Works
100 S. Myrtle Ave. Clearwater, FL 33756
Parcel No. Common Address: 07-29-15-52380-000-0710385 S. Gulfview Blvd. Clearwater, FL Recording Data Above PRIVATE STORMWATER SYSTEM INSPECTION EASEMENT
The undersigned, Gulfview Lodging LLP, a Florida Limited Liability
Partnership, whose mailing address is 735 Broad Street., Suite 500, Chattanooga, TN 37 402 ("Granter''), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby grant, bargain, sell and convey unto the CITY OF CLEARWATER, FLORIDA, a municipal corporation organized and existing under the
laws of the State of Florida, whose address is 600 Cleveland St., Suite 600,
Clearwater, Florida 33755 (the "City"), and its successors and assigns, a perpetual and irrevocable Private Stormwater System Inspection Easement upon the
following-described lands (the "Easement Area") located in Pinellas County, Florida:
See Exhibit "A" attached
The City of Clearwater holds an easement on the Subject Property for drainage and public utilities including stormwater, water, and sewer, which is
recorded in Book 20878, Page 1484, of the Public Records of Pinellas County, Florida (referred to herein as "Easement 1 "). The City vacated Right-of-Way to
accommodate this development via Ordinance Number 9167-18, recorded at Book
20203, Page 1614, and said vacation was contingent upon the approved relocation of
Public Utilities at the Grantor's expense.
During the construction of the Property, the City's stormwater pipe was rerouted outside of the easement premises as described in Easement 1. The City's
water and sewer utilities were reconstructed within the Easement Premises as described in Easement 1; however, all utilities are now located within the footprint of
the building.
The purpose of this Agreement is for the City to approve the location of utilities that were previously required to be located outside of the building by assigning the
ownership of the storm'.111ater system to the Grantor, and the Grantor assuming all cost
and liability for locating all utilities within the footprint of the building. The Granter
shall assume ownership of the stormwater utility systems located within the Property and further agrees that the City has no obligation for maintenance, repair,
reconstruction, replacement or restoration with regard to this Private Stormwater System.
Page 1 of 3
Exhibit "1"
Exhibit "2"
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0754
Agenda Date: 7/15/2024 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 6.3
SUBJECT/RECOMMENDATION:
Authorize purchase orders to multiple vendors for polyethylene pipe/fitting and steel pipe/fittings
in the cumulative annual not-to-exceed amount of $2,100,000.00 for the initial term of August 1,
2024 through July 31, 2025, with two, one-year renewal options pursuant to Invitation to Bid No.
34-24 and authorize the appropriate officials to execute same.
SUMMARY:
Procurement issued Invitation to Bid (ITB) No. 34-24, Polyethylene Pipe/Fittings & Steel
Pipe/Fittings, on behalf the Clearwater Gas System (CGS). The City received four responsive
bids. Upon review both Procurement and CGS recommend award to Consolidated Pipe &
Supply and General Utility Pipe and Supply, the lowest and most responsible bidders in
accordance with the bid specifications.
Award recommendation for Exhibit A: Polyethylene Pipe / Fittings:
Consolidated Pipe & Supply: PRIMARY
·Group 3: PE Excess Flow Valves - 2406 Resin
·Group 4: Fittings - 2406 Resin
·Group 5: Fittings - 3408 Resin
·Group 10: Stab Fittings - 3408 Resin
General Utility Pipe & Supply LLC: PRIMARY
·Group 1: Pipe - 2406 Resin
·Group 2: Pipe - 3408 Resin
·Group 6: Transitions
·Group 7: Polyvalves - 2406 Resin
·Group 8: Polyvalves - 3408 Resin
·Group 9: Risers
·Group 11: Electrofusion Tapping Tees - 2406 Resin
·Group 12: Electrofusion Tapping Tees - 3408 Resin
·Group 13: Electrofusion Couplings- 2406 Resin
·Group 14: Electrofusion Couplings- 3408 Resin
·Group 15: PE Socket Fusion Tools
·Group 16: PE Electrofusion Tools
·Group 17: PE Squeeze Tools
·Group 18: Butt Fusion Tools
·Group 19: Miscellaneous Material
ISCO Industries: Secondary for Groups 16-18
Page 1 City of Clearwater Printed on 7/9/2024
File Number: ID#24-0754
In regards to Exhibit A, CGS is requesting authorization to use ISCO Industries of Louisville,
KY as a secondary source for Groups 16-18 should General Utility Pipe & Supply be unable to
provide the items and Consolidated Pipe & Supply as the tertiary if needed/applicable.
Award recommendation for Exhibit B: Steel Pipe / Fittings:
Consolidated Pipe & Supply: PRIMARY
·Group 8: Dresser Style Compression Couplings
·Group 10: Service Saddles - Double Steel Strap with Rolled Thread Design
·Group 18: Valves (Lube and Non-Lube)
General Utility Pipe & Supply LLC: PRIMARY
·Group 1: Epoxy Coated Steel Pipe
·Group 2: Flanges
·Group 3: Elbows
·Group 4: Tees
·Group 5: Caps
·Group 6: Reducing Couplings
·Group 7: Gas Meter Stops
·Group 9: Vegas - Stainless Steel Repair Clamps with Neoprene Sealing Gasket
·Group 11: Wire
·Group 12: Continental Adapters, Punch Tees and Wrap Arounds
·Group 15: Neoprene Faced Phenolic Gasket
·Group 16: Pigs - Foam Pipeline Cleaners
·Group 17: TD Williamson
·Group 19: Miscellaneous Parts
NOTE: Groups 13 & 14 will not be awarded
DevTech Sales: Secondary for Group 7
For Exhibit B, CGS is requesting authorization to use Devtech Sales Inc of Avon Park, FL as a
secondary source for Group 7 should General Utility Pipe & Supply be unable to provide the
items and Consolidated Pipe & Supply as the tertiary if needed.
General Utility Pipe & Supply LLC did provide sustainability options under Exhibit B: Steel Pipe /
Fittings for Groups 2-6 that will be used if feasible.
Due to the volatility of the polyethylene and steel markets, fluctuating prices, supply, and
demand issues and to ensure the availability of these essential commodities at the lowest
price, CGS is requesting flexibility to order from the secondary or tertiary source (if applicable)
and unavailable items from the open market, if necessary.
The pipe and fittings will be used for the installation of gas distribution mains, service lines and
repair/maintenance work to serve our customers.
APPROPRIATION CODE AND AMOUNT:
Funding is available in Pinellas New Mains and Services 323-96377 and Pasco New Mains and
Services 323-96378 in the Clearwater Gas System Budget.
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 7/9/2024
File Number: ID#24-0754
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 3 City of Clearwater Printed on 7/9/2024
June 28, 2024
NOTICE OF INTENT TO AWARD - REVISED
The Clearwater Gas System and the Procurement Division recommend award of ITB No. 34-24, Polyethylene
Pipe/Fittings & Steel Pipe/Fittings, the lowest most responsible bidders, in accordance with the bid specifications, in
the estimated annual amount of $2,100,000.00 for a period of one (1) year, with two (2), one (1) year renewal options.
Consolidated Pipe & Supply Company Inc.
Exhibit A: Group(s) No. 3, 4, 5, and 10
Exhibit B: Group(s) No. 8, 10, and 18
Devtech Sales
Exhibit B: Secondary Only: Group No. 7
General Utility Pipe & Supply
Exhibit A: Group(s) No. 1, 2, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, and 19
Exhibit B: Group(s) No. 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 15, 16, and 17
ISCO Industries Inc.
Exhibit A: Secondary Only: Group No. 16,17 and 18
This award is being made to multiple vendors to ensure a continuity of supply and requests the flexibility to order
product from the vendors listed above as a secondary option.
This Award recommendation will be voted on at the July 15, 2024, Council Meeting (3:00 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 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
June 28, 2024
NOTICE OF INTENT TO AWARD - REVISED
The Clearwater Gas System and the Procurement Division recommend award of ITB No. 34-24, Polyethylene
Pipe/Fittings & Steel Pipe/Fittings, the lowest most responsible bidders, in accordance with the bid specifications, in
the estimated annual amount of $2,100,000.00 for a period of one (1) year, with two (2), one (1) year renewal options.
Consolidated Pipe & Supply Company Inc.
Exhibit A: Group(s) No. 3, 4, 5, and 10
Exhibit B: Group(s) No. 8, 10, and 18
Devtech Sales
Exhibit B: Secondary Only: Group No. 7
General Utility Pipe & Supply
Exhibit A: Group(s) No. 1, 2, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, and 19
Exhibit B: Group(s) No. 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 15, 16, and 17
ISCO Industries Inc.
Exhibit A: Secondary Only: Group No. 16,17 and 18
This award is being made to multiple vendors to ensure a continuity of supply and requests the flexibility to order
product from the vendors listed above as a secondary option.
This Award recommendation will be voted on at the July 15, 2024, Council Meeting (3:00 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 at milisa.harris@myclearwater.com or mailed
to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748.
Posted on this date by:
Milisa Harris
Milisa Harris
Procurement Analyst
CITY OF CLEARWATER
ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/Fittings
BID TABULATION- Exhibit A- Polyethylene Pipe Fittings
CITY OF CLEARWATER
ITB # 34-24, Polyethylene Pipe/Fittings & Steel Pipe/Fittings
DUE DATE: May 31, 2024; 10:00 AM
BID TABULATION- Exhibit A- Polyethylene Pipe & Fittings
Group 1: PIPE - 2406 RESIN
Est. Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)(UOM)
1 1/2 INCH CTS 1,500 Foot $0.28 $420.00 $0.20 $300.00
2 3/4 INCH IPS 1,000 Foot $0.46 $460.00 $0.35 $350.00
3 1 INCH IPS 80,000 Foot $0.72 $57,600.00 $0.55 $44,000.00
4 1 1/4 INCH IPS 2,000 Foot $0.92 $1,840.00 $0.95 $1,900.00
5 2 INCH IPS 100,000 Foot $1.07 $107,000.00 $1.18 $118,000.00
Items 1-5: $167,320.00 Items 1-5:Items 1-5: $164,550.00 Items 1-5:
Group 2: PIPE - 3408 RESIN
Est. Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)(UOM)
6 4 INCH IPS 15,000 Foot $3.75 $56,250.00 $3.59 $53,850.00
7 6 INCH IPS 15,000 Foot $8.15 $122,250.00 $7.79 $116,850.00
8 8 INCH IPS 2,000 Foot $13.81 $27,620.00 $13.21 $26,420.00
9 12 INCH IPS 480 Foot $31.90 $15,312.00 $28.65 $13,752.00
10 14 INCH IPS 120 Foot $39.30 $4,716.00 $33.45 $4,014.00
11 16 INCH IPS 7,000 Foot $47.53 $332,710.00 $39.00 $273,000.00
Items 6 – 11:$558,858.00 Items 6 – 11: Items 6 – 11:$487,886.00 Items 6 – 11:
Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)
12 5/8 INCH PE (1/2 CTS)20 Each $17.40 $348.00 $13.50 $270.00
13 3/4 INCH IPS 20 Each $17.40 $348.00 $13.50 $270.00
14 1 INCH IPS 1200 Each $19.10 $22,920.00 $19.45 $23,340.00
15 2 INCH IPS 10 Each $54.60 $546.00 $46.00 $460.00
Items 12-15 $24,162.00 Items 12-15 Items 12-15 $24,340.00 Items 12-15
Devtech Sales, Inc.
Total Price
Devtech Sales, Inc.
Total Price
Devtech Sales, Inc.
Total Price
Consolidated Pipe & Supply Company Inc
Item No.Description Unit Total Price
Consolidated Pipe & Supply
Company Inc
Item No.Description Unit Total Price
Group 3: PE EXCESS FLOW VALVES - 2406 RESIN Consolidated Pipe & Supply
Company Inc
Item Description Quantity Unit Total Price
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total Price
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
NOTE: Highlighted Cell indicates a calculation correction.
NOTE: Highlighted Cell indicates partial and/or no bid.
Page 1
CITY OF CLEARWATER
ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/Fittings
BID TABULATION- Exhibit A- Polyethylene Pipe Fittings
Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)
16 3/4 INCH IPS SOCKET 90 ELBOW 10 Each $2.20 $22.00 $1.91 $19.10
17 3/4 INCH IPS BUTT 90 ELBOW 1 Each $3.65 $3.65 $3.42 $3.42
18 1 INCH IPS SOCKET 90 ELBOW 200 Each $2.15 $430.00 $2.05 $410.00
19 1 INCH IPS BUTT 90 ELBOW 1 Each $4.20 $4.20 $3.71 $3.71
20 1 1/4 INCH IPS SOCKET 90 ELBOW 20 Each $2.85 $57.00 $3.20 $64.00
21 1 1/4 INCH IPS BUTT 90 ELBOW 1 Each $4.25 $4.25 $4.00 $4.00
22 2 INCH IPS SOCKET 90 ELBOW 150 Each $5.35 $802.50 $5.10 $765.00
23 2 INCH IPS BUTT 90 ELBOW 5 Each $4.60 $23.00 $4.35 $21.75
24 4 INCH IPS BUTT 90 ELBOW 20 Each $14.20 $284.00 $15.97 $319.40
25 6 INCH IPS BUTT 90 ELBOW 25 Each $33.50 $837.50 $39.50 $987.50
26 8 INCH IPS BUTT 90 ELBOW 5 Each $90.50 $452.50 $96.50 $482.50
27 4 INCH IPS BUTT 45 ELBOW 10 Each $14.25 $142.50 $16.70 $167.00
28 6 INCH IPS BUTT 45 ELBOW 10 Each $35.80 $358.00 $40.95 $409.50
29 8 INCH IPS BUTT 45 ELBOW 5 Each $90.55 $452.75 $89.00 $445.00
30 1/2 INCH CTS SOCKET TEE 1 Each $2.20 $2.20 $0.50 $0.50
31 3/4 INCH IPS SOCKET TEE 1 Each $1.99 $1.99 $0.50 $0.50
32 1 INCH IPS SOCKET TEE 200 Each $2.25 $450.00 $2.35 $470.00
33 1 INCH IPS BUTT TEE 1 Each $4.10 $4.10 $0.50 $0.50
34 1 1/4 INCH IPS SOCKET TEE 10 Each $3.35 $33.50 $3.85 $38.50
35 1 1/4 INCH IPS BUTT TEE 1 Each $5.00 $5.00 $0.50 $0.50
36 2 INCH IPS SOCKET TEE 45 Each $5.95 $267.75 $6.20 $279.00
37 2 INCH IPS BUTT TEE 1 Each $6.05 $6.05 $3.90 $3.90
38 4 INCH IPS BUTT TEE 15 Each $17.45 $261.75 $20.20 $303.00
39 6 INCH IPS BUTT TEE 10 Each $42.35 $423.50 $51.50 $515.00
40 8 INCH IPS BUTT TEE 3 Each $112.00 $336.00 $112.60 $337.80
41 1/2 INCH CTS SOCKET CAP 5 Each $1.50 $7.50 $0.50 $2.50
42 3/4 INCH IPS SOCKET CAP 5 Each $1.60 $8.00 $0.50 $2.50
43 1 INCH IPS SOCKET CAP 100 Each $2.25 $225.00 $2.00 $200.00
44 1 1/4 INCH IPS SOCKET CAP 10 Each $1.95 $19.50 $2.00 $20.00
45 2 INCH IPS SOCKET CAP 200 Each $2.90 $580.00 $2.80 $560.00
46 4 INCH IPS BUTT CAP 20 Each $8.65 $173.00 $11.25 $225.00
47 6 INCH IPS BUTT CAP 20 Each $20.10 $402.00 $27.50 $550.00
48 8 INCH IPS BUTT CAP 5 Each $35.50 $177.50 $50.00 $250.00
49 4 X 2 INCH IPS BUTT REDUCER 20 Each $8.50 $170.00 $10.75 $215.00
50 6 X 4 INCH IPS BUTT REDUCER 10 Each $24.00 $240.00 $31.00 $310.00
51 8 X 6 INCH IPS BUTT REDUCER 4 Each $44.40 $177.60 $44.00 $176.00
52 1/2 INCH CTS SOCKET COUPLING 5 Each $0.95 $4.75 $0.50 $2.50
53 3/4 INCH IPS SOCKET COUPLING 5 Each $1.05 $5.25 $0.50 $2.50
54 1 INCH IPS SOCKET COUPLING 4000 Each $1.50 $6,000.00 $1.45 $5,800.00
55 1 1/4 INCH IPS SOCKET COUPLING 10 Each $1.50 $15.00 $1.39 $13.90
56 2 INCH IPS SOCKET COUPLING 400 Each $2.15 $860.00 $1.80 $720.00
57 2 X 1 INCH IPS SOCKET COUPLING 20 Each $4.85 $97.00 $3.90 $78.00
58 2 x 1 1/4 INCH IPS SOCKET COUPLING 5 Each $5.20 $26.00 $3.00 $15.00
59 1 1/4 x 1 INCH IPS SOCKET COUPLING 5 Each $4.60 $23.00 $3.95 $19.75
60 1 IPS X 3/4 INCH IPS SOCKET COUPLING 20 Each $3.50 $70.00 $2.70 $54.00
61 1 IPS X 1/2 INCH IPS SOCKET COUPLING 25 Each $3.50 $87.50 $3.48 $87.00
62 3/4 IPS X 1/2 INCH IPS SOCKET COUPLING 5 Each $3.40 $17.00 $0.25 $1.25
Items 16 – 62:$15,051.29 Items 16 – 62: Items 16 – 62:$15,355.98 Items 16 – 62:
Item Description Total Price
Devtech Sales, Inc.Group 4: FITTINGS - 2406 Resin Consolidated Pipe & Supply Company Inc
Quantity Unit Total Price
General Utility Pipe & Supply LLC
Total Price
ISCO Industries, Inc.
Total Price
Page 2
CITY OF CLEARWATER
ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/Fittings
BID TABULATION- Exhibit A- Polyethylene Pipe Fittings
Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)
63 4 INCH IPS BUTT 90 ELBOW 20 Each $15.50 $310.00 $14.25 $285.00
64 6 INCH IPS BUTT 90 ELBOW 20 Each $34.60 $692.00 $39.50 $790.00
65 8 INCH IPS BUTT 90 ELBOW 5 Each $92.00 $460.00 $80.00 $400.00
66 4 INCH IPS BUTT 45 ELBOW 20 Each $15.50 $310.00 $14.25 $285.00
67 6 INCH IPS BUTT 45 ELBOW 10 Each $34.60 $346.00 $39.50 $395.00
68 8 INCH IPS BUTT 45 ELBOW 5 Each $92.00 $460.00 $80.00 $400.00
69 4 INCH IPS BUTT TEE 10 Each $19.00 $190.00 $19.95 $199.50
70 6 INCH IPS BUTT TEE 10 Each $46.50 $465.00 $50.25 $502.50
71 8 INCH IPS BUTT TEE 5 Each $119.00 $595.00 $123.80 $619.00
72 4 INCH IPS BUTT CAP 20 Each $10.50 $210.00 $10.45 $209.00
73 6 INCH IPS BUTT CAP 20 Each $21.60 $432.00 $25.00 $500.00
74 8 INCH IPS BUTT CAP 5 Each $40.40 $202.00 $35.00 $175.00
75 4 X 2 INCH IPS BUTT REDUCER 10 Each $8.55 $85.50 $9.40 $94.00
76 6 X 4 INCH IPS BUTT REDUCER 10 Each $27.00 $270.00 $26.00 $260.00
77 8 X 6 INCH IPS BUTT REDUCER 5 Each $47.50 $237.50 $36.96 $184.80
Items 63-77:$5,265.00 Items 63-77: Items 63-77:$5,298.80 Items 63-77:
Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)
78 1 INCH IPS X 1 INCH MIP (SDR-11)20 Each $21.38 $427.60 $21.00 $420.00
79 1 1/4 INCH IPS X 1 1/4 INCH MIP (SDR-11)1 Each 24.01 $24.01 $19.20 $19.20
80 2 INCH IPS X 2 INCH MIP (SDR-11)20 Each $35.43 $708.60 $33.29 $665.80
81 4 INCH IPS X 4 INCH WELD (SDR-11)10 Each $101.91 $1,019.10 $85.80 $858.00
82 6 INCH IPS X 6 INCH WELD (SDR-11)10 Each $335.07 $3,350.70 $280.00 $2,800.00
83 8 INCH IPS X 8 INCH WELD (SDR-11)5 Each $775.28 $3,876.40 $650.00 $3,250.00
Items 78-83:$9,406.41 Items 78-83:Items 78-83:$8,013.00 Items 78-83:
Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)
84 1 INCH IPS 200 Each $41.07 $8,214.00 $35.79 $7,158.00
85 2 INCH IPS 30 Each $78.27 $2,348.10 $74.00 $2,220.00
86 4 INCH IPS 10 Each $267.85 $2,678.50 $210.00 $2,100.00
87 6 INCH IPS 10 Each $551.19 $5,511.90 $415.00 $4,150.00
88 8 INCH IPS 5 Each $1,066.65 $5,333.25 $799.00 $3,995.00
Items 84 – 88:$24,085.75 Items 84 – 88: Items 82 – 88:$19,623.00 Items 84 – 88:
Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)
89 4 INCH IPS 5 Each $313.30 $1,566.50 $245.00 $1,225.00
90 6 INCH IPS 5 Each $645.30 $3,226.50 $525.00 $2,625.00
91 8 INCH IPS 5 Each $1,397.30 $6,986.50 $930.00 $4,650.00
Items 89-91:$11,779.50 Items 89-91:Items 89-91:$8,500.00 Items 89-91:
Devtech Sales, Inc.
Total Price
Group 6: TRANSITIONS Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
Group 5: FITTINGS - 3408 Resin Consolidated Pipe & Supply Company Inc Devtech Sales, Inc.
Item Description Quantity Unit Total Price Total Price
Total Price
Devtech Sales, Inc.
Total Price
Item Description Quantity Unit Total Price
Unit Total Price
Item Description Quantity Unit Total Price
Group 7: POLYVALVES - 2406 RESIN Consolidated Pipe & Supply
Company Inc
Item Description Quantity
Group 8: POLYVALVES - 3408 RESIN Consolidated Pipe & Supply Company Inc
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total Price
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
Page 3
CITY OF CLEARWATER
ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/Fittings
BID TABULATION- Exhibit A- Polyethylene Pipe Fittings
Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)
92 3/4 INCH X 1/2 INCH CTS (SDR-11)50 Each $26.98 $1,349.00 $22.90 $1,145.00
93 3/4 INCH X 3/4 INCH IPS (SDR-11)10 Each $31.37 $313.70 $26.00 $260.00
94 1 INCH X 1 INCH IPS (SDR-11)1200 Each $36.43 $43,716.00 $35.10 $42,120.00
95 1 1/4 INCH X 1 1/4 INCH IPS (SDR-11)1 Each $69.91 $69.91 $59.43 $59.43
96 2 INCH X 2 INCH IPS (SDR-11)1 Each $131.30 $131.30 $117.00 $117.00
Items 92-96:$45,579.91 Items 92-96:Items 92-96:$43,701.43 Items 92-96:
Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)
97 1/2 INCH CTS X 1/2 INCH CTS 150 Each $14.68 $2,202.00
98 1/2 INCH CTS X STUB CAP 100 Each $15.41 $1,541.00
99 3/4 INCH IPS X 3/4 INCH IPS 30 Each $33.26 $997.80
100 3/4 INCH IPS X STUB CAP 25 Each $27.75 $693.75
101 1 INCH IPS X 1 INCH IPS 200 Each $51.00 $10,200.00
102 1 INCH IPS X STUB CAP 100 Each $70.80 $7,080.00
103 1 1/4 INCH IPS X 1 1/4 INCH IPS 10 Each $93.58 $935.80
104 1 1/4 INCH IPS X STUB CAP 10 Each $105.00 $1,050.00
105 2 INCH IPS X 2 INCH IPS 200 Each $130.00 $26,000.00
106 2 INCH IPS X STUB CAP 30 Each $199.80 $5,994.00
107 1 INCH IPS X 1/2 CTS STAB FITTING 25 Each $109.43 $2,735.75
108 1 INCH IPS X 3/4 IPS STAB FITTING 20 Each $107.90 $2,158.00
109 1/2 INCH COPPER X 5/8 INCH CTS 10 Each $41.75 $417.50
Items 97-109:$62,005.60 Items 97-109:Items 97-109:Items 97-109:
Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)
110 2 INCH IPS X 1/2 INCH CTS 10 Each $29.00 $290.00 $15.78 $157.80
111 2 INCH IPS 3/4 INCH IPS 10 Each $32.85 $328.50 $15.78 $157.80
112 2 INCH IPS 1 INCH IPS 1500 Each $30.00 $45,000.00 $20.00 $30,000.00
113 2 INCH IPS X 2 INCH IPS 125 Each $110.74 $13,842.50 $68.00 $8,500.00
114 4 INCH IPS X 1/2 INCH CTS 1 Each $30.90 $30.90 $15.00 $15.00
115 4 INCH IPS X 1 INCH IPS 25 Each $31.85 $796.25 $26.50 $662.50
116 4 INCH IPS X 2 INCH IPS 40 Each $110.74 $4,429.60 $68.00 $2,720.00
117 6 INCH IPS X 1/2 INCH CTS 1 Each $38.50 $38.50 $32.00 $32.00
118 6 INCH IPS X 1 INCH IPS 20 Each $22.15 $443.00 $20.00 $400.00
119 6 INCH IPS X 2 INCH IPS 40 Each $120.30 $4,812.00 $74.00 $2,960.00
120 8 INCH IPS X 1 INCH IPS 2 Each $48.20 $96.40 $40.00 $80.00
121 8 INCH IPS X 2 INCH IPS 2 Each $129.10 $258.20 $80.00 $160.00
Items 110-121:$70,365.85 Items 110-121:Items 110-121:$45,845.10 Items 110-121:
Devtech Sales, Inc.
Total Price
Group 10: STAB FITTINGS - 3408 RESIN Consolidated Pipe & Supply
Company Inc
Item Description Quantity Unit Total Price
Group 9: RISERS Consolidated Pipe & Supply Company Inc
Description Quantity Unit Total Price
Devtech Sales, Inc.
Total Price
Devtech Sales, Inc.
Total Price
Group 11: ELECTROFUSION TAPPING TEES - 2406 RESIN Consolidated Pipe & Supply Company Inc
Item Description Quantity Unit Total Price
Item
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total Price
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
Page 4
CITY OF CLEARWATER
ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/Fittings
BID TABULATION- Exhibit A- Polyethylene Pipe Fittings
Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)
122 2 INCH IPS X 1/2 INCH CTS 1 Each $23.45 $23.45 $10.00 $10.00
123 2 INCH IPS 3/4 INCH IPS 1 Each $31.65 $31.65 $10.00 $10.00
124 2 INCH IPS 1 INCH IPS 5 Each $23.45 $117.25 $10.00 $50.00
125 4 INCH IPS X 1/2 INCH CTS 1 Each $28.95 $28.95 $10.00 $10.00
126 4 INCH IPS X 1 INCH IPS 20 Each $28.95 $579.00 $24.00 $480.00
127 6 INCH IPS X 1/2 INCH CTS 1 Each $35.25 $35.25 $10.00 $10.00
128 6 INCH IPS X 1 INCH IPS 1 Each $37.75 $37.75 $20.00 $20.00
129 2 INCH IPS X 2 INCH IPS 5 Each $96.25 $481.25 $78.90 $394.50
130 4 INCH IPS X 2 INCH IPS 20 Each $102.65 $2,053.00 $70.50 $1,410.00
131 6 INCH IPS X 2 INCH IPS 20 Each $104.25 $2,085.00 $92.00 $1,840.00
132 8 INCH IPS X 2 INCH IPS 5 Each $111.50 $557.50 $103.40 $517.00
133 4 INCH POLYSTOPP PE BRANCH FITTING 5 Each $1,041.00 $5,205.00 $1,005.60 $5,028.00
134 6 INCH POLYSTOPP PE BRANCH FITTING 5 Each $1,352.00 $6,760.00 $1,277.70 $6,388.50
135 8 INCH POLYSTOPP PE BRANCH FITTING 5 Each $1,941.00 $9,705.00 $1,833.20 $9,166.00
136 4 INCH POLYSTOPP PE PLUG FITTING 5 Each $823.00 $4,115.00 $777.20 $3,886.00
137 6 INCH POLYSTOPP PE PLUG FITTING 5 Each $1,094.00 $5,470.00 $1,033.20 $5,166.00
138 8 INCH POLYSTOPP PE PLUG FITTING 5 Each $1,705.00 $8,525.00 $1,611.05 $8,055.25
Items 122-138:$45,810.05 Items 122-138:Items 122-138:$42,441.25 Items 122-138:
Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)
139 1 INCH IPS 20 Each $11.68 $233.60 $9.00 $180.00
140 2 INCH IPS 100 Each $12.00 $1,200.00 $9.50 $950.00
141 4 INCH IPS 50 Each $34.21 $1,710.50 $28.00 $1,400.00
142 6 INCH IPS 20 Each $83.76 $1,675.20 $70.00 $1,400.00
143 8 INCH IPS 2 Each $128.93 $257.86 $105.70 $211.40
Items 139-143:$5,077.16 Items 139-143:Items 139-143:$4,141.40 Items 139-143:
Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)
144 1 INCH IPS 1 Each $6.36 $6.36 $5.00 $5.00
145 2 INCH IPS 1 Each $8.24 $8.24 $7.00 $7.00
146 4 INCH IPS 25 Each $25.35 $633.75 $24.40 $610.00
147 6 INCH IPS 25 Each $61.95 $1,548.75 $56.00 $1,400.00
148 8 INCH IPS 5 Each $87.65 $438.25 $72.00 $360.00
Items 144-148:$2,635.35 Items 144-148:Items 144-148:$2,382.00 Items 144-148:
Devtech Sales, Inc.
Total Price
Devtech Sales, Inc.
Total Price
Devtech Sales, Inc.
Total Price
Group 14: ELECTROFUSION COUPLINGS - 3408 RESIN Consolidated Pipe & Supply Company Inc
Item Description Quantity Unit Total Price
Group 13: ELECTROFUSION COUPLINGS - 2406 RESIN Consolidated Pipe & Supply
Company Inc
Item Description Quantity Unit Total Price
Group 12: ELECTROFUSION TAPPING TEES - 3408 Consolidated Pipe & Supply Company Inc
Item Description Quantity Unit Total Price
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price Total Price
Page 5
CITY OF CLEARWATER
ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/Fittings
BID TABULATION- Exhibit A- Polyethylene Pipe Fittings
Group 15: PE SOCKET FUSION TOOLS
Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)
149 SOCKET FUSION HEATER 5 Each $720.56 $3,602.80 $600.40 $3,002.00 $820.00 $4,100.00
150 FUSION BAG 5 Each $103.04 $515.20 $87.00 $435.00 $211.00 $1,055.00
151 3/4 INCH SOCKET FACE 6 Each $133.92 $803.52 $97.00 $582.00 $82.12 $492.72
152 5/8 INCH SOCKET FACE 6 Each $70.30 $421.80 $97.00 $582.00 $68.29 $409.74
153 1 INCH SOCKET FACE 10 Each $133.92 $1,339.20 $110.30 $1,103.00 $82.12 $821.20
154 1 1/4 INCH SOCKET FACE 5 Each $133.92 $669.60 $110.30 $551.50 $111.00 $555.00
155 2 INCH SOCKET FACE 2 Each $133.92 $267.84 $110.30 $220.60 $167.00 $334.00
156 3/4 INCH CHAMFERING TOOL 5 Each $87.68 $438.40 $54.00 $270.00 $96.72 $483.60
157 5/8 INCH CHAMFERING TOOL 5 Each $64.32 $321.60 $54.00 $270.00 $96.72 $483.60
158 1 INCH CHAMFERING TOOL 20 Each $87.68 $1,753.60 $64.00 $1,280.00 $96.72 $1,934.40
159 1 1/4 INCH CHAMFERING TOOL 5 Each $87.68 $438.40 $64.00 $320.00 $96.72 $483.60
160 2 INCH CHAMFERING TOOL 20 Each $87.68 $1,753.60 $64.00 $1,280.00 $120.00 $2,400.00
161 3/4 INCH COLD RING 5 Each $94.40 $472.00 $68.44 $342.20 $142.00 $710.00
162 5/8 INCH COLD RING 5 Each $109.10 $545.50 $68.44 $342.20 $142.00 $710.00
163 1 INCH COLD RING 10 Each $94.40 $944.00 $78.00 $780.00 $142.00 $1,420.00
164 1 1/4 INCH COLD RING 4 Each $151.80 $607.20 $112.00 $448.00 $207.00 $828.00
165 2 INCH COLD RING 10 Each $151.80 $1,518.00 $125.00 $1,250.00 $220.00 $2,200.00
Items 149-165:$16,412.26 Items 149-165:Items 149-165:$13,058.50 Items 149-165:$19,420.86
Group 16: PE ELECTROFUSION TOOLS
Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)
166 2 INCH ROTARY PEELER 5 Each $739.78 $3,698.90 $768.00 $3,840.00 $652.75 $3,263.75 $725.00 $3,625.00
167 4 INCH ROTARY PEELER 5 Each $816.41 $4,082.05 $821.00 $4,105.00 $720.00 $3,600.00 $785.00 $3,925.00
168 6 INCH ROTARY PEELER 5 Each $971.37 $4,856.85 $1,030.00 $5,150.00 $857.00 $4,285.00 $1,020.00 $5,100.00
169 8 INCH ROTARY PEELER 5 Each $1,029.96 $5,149.80 $1,155.00 $5,775.00 $908.50 $4,542.50 $1,240.00 $6,200.00
170 SCRAPER BLADES 10 Each $123.20 $1,232.00 $155.00 $1,550.00 $105.00 $1,050.00 $110.00 $1,100.00
171 2 INCH UNDERCLAMP 10 Each $506.50 $5,065.00 $446.50 $4,465.00 $330.00 $3,300.00
172 4 INCH UNDERCLAMP 10 Each $577.70 $5,777.00 $509.50 $5,095.00 $435.00 $4,350.00
173 6 INCH UNDERCLAMP 5 Each $594.72 $2,973.60 $524.50 $2,622.50 $497.00 $2,485.00
174 8 INCH UNDERCLAMP 5 Each $1,016.35 $5,081.75 $825.00 $4,125.00 $1,466.50 $7,332.50
175 2 INCH ELECTROFUSION COUPLING CLAMP 5 Each $221.80 $1,109.00 $520.00 $2,600.00 $195.00 $975.00 $368.00 $1,840.00
176 4 INCH ELECTROFUSION COUPLING CLAMP 5 Each $598.40 $2,992.00 $1,001.00 $5,005.00 $498.00 $2,490.00 $463.00 $2,315.00
177 6 INCH ELECTROFUSION COUPLING CLAMP 5 Each $708.30 $3,541.50 $408.00 $2,040.00 $590.00 $2,950.00 $642.00 $3,210.00
178 8 INCH ELECTROFUSION COUPLING CLAMP 2 Each $804.95 $1,609.90 $1,255.00 $2,510.00 $670.00 $1,340.00 $908.00 $1,816.00
Items 166-178:$47,169.35 Items 166-178:$32,575.00 Items 166-178:$40,803.75 Items 166-178:$46,598.50
Devtech Sales, Inc.
Total Price
Devtech Sales, Inc.
Total PriceTotal Price
Consolidated Pipe & Supply Company Inc
Item Description Quantity Unit Total Price
Consolidated Pipe & Supply
Company Inc
Item Description Quantity Unit
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total Price
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
Page 6
CITY OF CLEARWATER
ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/Fittings
BID TABULATION- Exhibit A- Polyethylene Pipe Fittings
Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)
179 GLS-26 5 Each $1,367.00 $6,835.00 $1,365.00 $6,825.00 $1,367.00 $6,835.00
180 SMALL SERVICE SQUEEZE TOOL 10 Each $373.75 $3,737.50 $530.00 $5,300.00 $335.00 $3,350.00 $953.00 $9,530.00
181 MID-RANGE SERVICE SQUEEZE TOOL 5 Each $709.70 $3,548.50 $1,160.00 $5,800.00 $637.00 $3,185.00 $1,599.00 $7,995.00
182 INDIVIDUAL VISE-GRIP SQUEEZE TOOL 5 Each $284.55 $1,422.75 $9,503.00 $47,515.00 $115.00 $575.00 $267.00 $1,335.00
183
4 INCH MANUAL SQUEEZE TOOL (MUSTANG
OR EQUIVALENT)5 Each $1,282.00 $6,410.00 $1,280.00 $6,400.00 $1,424.00 $7,120.00
184
6 INCH MANUAL SQUEEZE TOOL (MUSTANG
OR EQUIVALENT)5 Each $3,900.00 $19,500.00 $3,895.00 $19,475.00 $4,042.00 $20,210.00
185
8 INCH MANUAL SQUEEZE TOOL (MUSTANG
OR EQUIVALENT)5 Each $4,465.00 $22,325.00 $4,450.00 $22,250.00 $4,607.00 $23,035.00
186 4 INCH HYDRAULIC SQUEEZE TOOL 2 Each $9,694.00 $19,388.00 $8,710.00 $17,420.00 $3,953.00 $7,906.00
187 6 INCH HYDRAULIC SQUEEZE TOOL 2 Each $9,694.00 $19,388.00 $8,710.00 $17,420.00 $8,150.00 $16,300.00
188 8 INCH HYDRAULIC SQUEEZE TOOL 2 Each $11,695.00 $23,390.00 $8,710.00 $17,420.00 $8,760.00 $17,520.00
Items 179-188:$125,944.75 Items 179-188:$58,615.00 Items 179-188:$114,320.00 Items 179-188:$117,786.00
Group 18: BUTT FUSION TOOLS
Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)
189 2 INCH HEATING IRON 5 Each $850.00 $4,250.00 $811.00 $4,055.00
190 4 INCH HEATING IRON 5 Each $1,070.00 $5,350.00 $1,019.00 $5,095.00
191 6 INCH HEATING IRON 2 Each $2,270.00 $4,540.00 $2,565.00 $5,130.00
192 8 INCH HEATING IRON 2 Each $4,300.00 $8,600.00 $4,160.00 $8,320.00
193 2 INCH BUTT FUSION MACHINE 1 Each $4,357.00 $4,357.00 $4,240.00 $4,240.00
194 4 INCH BUTT FUSION MACHINE 1 Each $5,999.00 $5,999.00 $5,837.00 $5,837.00
195 6 INCH BUTT FUSION MACHINE 1 Each $12,160.00 $12,160.00 $11,832.00 $11,832.00
196 8 INCH BUTT FUSION MACHINE 1 Each $18,200.00 $18,200.00 $28,540.00 $28,540.00
Items 189-196:Items 189-196:Items 189-196:$63,456.00 Items 189-196:$73,049.00
Group 19: MISCELLANEOUS MATERIAL
Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM)(UOM)(UOM)
197 1/2 INCH CTS STIFFENER 5 Each $5.18 $25.90 $7.00 $35.00
198 1 INCH IPS STIFFENER 5 Each $7.46 $37.30 $7.00 $35.00
199 1 1/4 INCH IPS STIFFENER 5 Each $9.17 $45.85 $8.00 $40.00
200 2 INCH IPS STIFFENER 10 Each $13.20 $132.00 $10.00 $100.00
201 4 INCH IPS STIFFENER 5 Each $42.05 $210.25 $10.00 $50.00
202 MARKERPOLES; 2 INCH ROUND W/LABEL 1000 Each $26.80 $26,800.00 $20.50 $20,500.00
203
VALVE BOX- PLASTIC; COMPLETE WITH CAST
IRON LID PRINTED (GAS), NON-LOCKING,
EXTENSION RANGE 34" - 54" SCREW
ADJUSTMENT.300 Each $148.24 $44,472.00 $133.60 $40,080.00
Items 197-203:$71,723.30 Items 197-203:Items 197-203:$60,840.00 Items 197-203:
REMARKS: Price(s) with star ( ) indicates apparent low bidder, intent to award.
Item Description Quantity Unit Total Price Total Price Total Price Total Price
Devtech Sales, Inc.
Devtech Sales, Inc.
Total Price
Devtech Sales, Inc.
Total Price
Consolidated Pipe & Supply Company Inc
Item Description Quantity Unit Total Price
Consolidated Pipe & Supply Company Inc
Item Description Quantity Unit Total Price
Group 17: PE SQUEEZE TOOLS
Consolidated Pipe & Supply Company Inc General Utility Pipe & Supply LLC
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total Price
ISCO Industries, Inc.
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
Page 7
CITY OF CLEARWATER
ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/ Fittings
DUE DATE: May 31, 2024; 10:00 AM
BID TABULATION -Exhibit B- Steel Pipe Fittings
Group 1: EPOXY COATED STEEL PIPE (PER FOOT)
Est. Quantity Unit Price Unit Price Unit Price Unit Price
(UOM) (UOM) (UOM) (UOM) (UOM)
1 2 INCH STEEL PIPE 210 Foot $23.70 $4,977.00 -$9.30 $1,953.00 - -
2 3 INCH STEEL PIPE 42 Foot $28.50 $1,197.00 -$32.38 $1,359.96 - -
3 4 INCH STEEL PIPE 210 Foot $38.80 $8,148.00 -$17.33 $3,639.30 - -
4 6 INCH STEEL PIPE 42 Foot $58.00 $2,436.00 -$38.72 $1,626.24 - -
5 6 INCH STEEL PIPE WITH 0.280 WALL THICKNESS 42 Foot $58.00 $2,436.00 -$38.72 $1,626.24 - -
6 8 INCH STEEL PIPE 42 Foot $76.20 $3,200.40 -$67.30 $2,826.60 - -
7 12 INCH STEEL PIPE 210 Foot $126.00 $26,460.00 -$62.22 $13,066.20 - -
8 16 INCH STEEL PIPE 210 Foot $156.50 $32,865.00 -$88.23 $18,528.30 - -
Items 1-8: $81,719.40 Items 1-8:-Items 1-8: $44,625.84 Items 1-8:-
Group 2: FLANGES
Est. Quantity Unit Price Unit Price Unit Price Unit Price
(UOM) (UOM) (UOM) (UOM) (UOM)
9 1 INCH WELD FLANGE (SLIP ON) 125# RAISED FACE 5 Each $8.75 $43.75 - -$7.64 $38.20 - -
10 2 INCH WELD FLANGE (SLIP ON) 125# RAISED FACE 150 Each $7.24 $1,086.00 - -$7.25 $1,087.50 - -
11 3 INCH WELD FLANGE (SLIP ON) 125# RAISED FACE 25 Each $10.43 $260.75 - -$9.62 $240.50 - -
12 3 X 2 INCH WELD FLANGE (SLIP ON) 125# RAISED FACE 50 Each $36.58 $1,829.00 - -$33.33 $1,666.50 - -
13 4 INCH WELD FLANGE (SLIP ON) 125# RAISED FACE 10 Each $12.81 $128.10 - -$13.50 $135.00 - -
14 4 X 2 INCH WELD FLANGE (SLIP ON) 125# RAISED FACE 5 Each $32.92 $164.60 - -$39.00 $195.00 - -
15 6 INCH WELD FLANGE (SLIP ON) 125# RAISED FACE 20 Each $20.17 $403.40 - -$19.00 $380.00 - -
16 6 X 4 INCH WELD FLANGE (SLIP ON) 125# RAISED FACE 5 Each $89.69 $448.45 - -$78.00 $390.00 - -
17 8 INCH WELD FLANGE (SLIP ON) 125# RAISED FACE 20 Each $30.39 $607.80 - -$29.50 $590.00 - -
18 1 INCH THREADED FLANGE 125#5 Each $13.10 $65.50 - -$12.00 $60.00 - -
19 2 INCH THREADED FLANGE 125#20 Each $10.84 $216.80 - -$10.50 $210.00 - -
20 3 INCH THREADED FLANGE 125#5 Each $13.36 $66.80 - -$12.30 $61.50 - -
21 3 X 2 INCH THREADED FLANGE 125# 10 Each $40.24 $402.40 - -$38.50 $385.00 - -
22 4 INCH THREADED FLANGE 125#5 Each $15.62 $78.10 - -$15.20 $76.00 - -
23 4 X 2 INCH THREADED 125#10 Each $42.68 $426.80 - -$35.25 $352.50 - -
24 4 X 3 INCH THREADED 125#5 Each $42.68 $213.40 - -$48.00 $240.00 - -
Items 9 – 24:$6,441.65 Items 9 –24:- Items 9 –24:$6,107.70 Items 9 –24:-
Unit Price Unit Price Unit Price Unit Price
(UOM) (UOM) (UOM) (UOM)
25 1 INCH STEEL 45 DEGREE ELLS 2 Each $2.50 $5.00 - -$2.30 $4.60 - -
26 2 INCH STEEL 45 DEGREE ELLS 5 Each $2.50 $12.50 - -$2.30 $11.50 - -
27 4 INCH STEEL 45 DEGREE ELLS 2 Each $5.74 $11.48 - -$5.00 $10.00 - -
28 6 INCH STEEL 45 DEGREE ELLS 2 Each $10.25 $20.50 - -$10.00 $20.00 - -
29 8 INCH STEEL 45 DEGREE ELLS 2 Each $17.08 $34.16 - -$16.50 $33.00 - -
30 1 INCH STEEL 90 DEGREE ELLS (LONG RADIUS)10 Each $2.40 $24.00 - -$2.20 $22.00 - -
31 2 INCH STEEL 90 DEGREE ELLS (LONG RADIUS)75 Each $2.65 $198.75 - -$2.50 $187.50 - -
32 3 INCH STEEL 90 DEGREE ELLS (LONG RADIUS)10 Each $8.74 $87.40 - -$8.20 $82.00 - -
33 4 INCH STEEL 90 DEGREE ELLS (LONG RADIUS)10 Each $14.32 $143.20 - -$12.94 $129.40 - -
34 6 INCH STEEL 90 DEGREE ELLS (LONG RADIUS)10 Each $31.30 $313.00 - -$31.10 $311.00 - -
35 8 INCH STEEL 90 DEGREE ELLS (LONG RADIUS)10 Each $59.26 $592.60 - -$55.50 $555.00 - -
Items 25-35: $1,442.59 Items 25-35:-Items 25-35: $1,366.00 Items 25-35:-
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total Price
Group 3: ELBOWS Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
Item Description Quantity Unit Total Price Total Price
Item No. Description Unit Total Price Total Price
Devtech Sales, Inc.
Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
Item No. Description Unit Total Price Total Price
Consolidated Pipe & Supply
Company Inc
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
CITY OF CLEARWATER
ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/ Fittings
DUE DATE: May 31, 2024; 10:00 AM
BID TABULATION -Exhibit B- Steel Pipe Fittings
Unit Price Unit Price Unit Price Unit Price
(UOM) (UOM) (UOM) (UOM)
36 1 X 1 X 1 INCH STEEL TEES 10 Each $6.65 $66.50 - -$6.65 $66.50 - -
37 2 X 2 X 2 INCH STEEL TEES 20 Each $6.30 $126.00 - -$6.00 $120.00 - -
38 4 X 4 X 4 INCH STEEL TEES 5 Each $12.46 $62.30 - -$12.90 $64.50 - -
39 6 X 6 X 6 INCH STEEL TEES 5 Each $21.31 $106.55 - -$22.00 $110.00 - -
40 4 X 4 X 2 INCH STEEL TEES 5 Each $13.04 $65.20 - -$13.09 $65.45 - -
41 3 X 3 X 3 INCH STEEL TEES 5 Each $8.84 $44.20 - -$8.70 $43.50 - -
42 6 X 6 X 4 INCH STEEL TEES 5 Each $25.43 $127.15 - -$25.50 $127.50 - -
Items 36-42: $597.90 Items 36-42:- Items 36-42: $597.45 Items 36-42:-
Unit Price Unit Price Unit Price Unit Price
(UOM) (UOM) (UOM) (UOM)
43 2 INCH CAPS 25 Each $3.81 $95.25 - -$3.60 $90.00 - -
44 3 INCH CAPS 10 Each $3.97 $39.70 - -$3.50 $35.00 - -
45 4 INCH CAPS 10 Each $5.80 $58.00 - -$5.50 $55.00 - -
46 6 INCH CAPS 2 Each $9.09 $18.18 - -$9.40 $18.80 - -
47 8 INCH CAPS 2 Each $13.70 $27.40 - -$14.00 $28.00 - -
Items 43-47: $238.53 Items 43-47:- Items 43-47: $226.80 Items 43-47:-
Unit Price Unit Price Unit Price Unit Price
(UOM) (UOM) (UOM) (UOM)
48 2 X 1 INCH STEEL WELD REDUCING CONCENTRIC 30 Each $5.68 $170.40 - -$5.40 $162.00 - -
49 3 X 2 INCH STEEL WELD REDUCING CONCENTRIC 10 Each $4.57 $45.70 - -$4.10 $41.00 - -
50 4 X 2 INCH STEEL WELD REDUCING CONCENTRIC 10 Each $6.65 $66.50 - -$6.30 $63.00 - -
51 4 X 3 INCH STEEL WELD REDUCING CONCENTRIC 10 Each $5.44 $54.40 - -$5.15 $51.50 - -
52 6 X 4 INCH STEEL WELD REDUCING CONCENTRIC 2 Each $10.46 $20.92 - -$10.80 $21.60 - -
53 8 X 6 INCH STEEL WELD REDUCING CONCENTRIC 2 Each $13.68 $27.36 - -$12.00 $24.00 - -
Items 48-53: $385.28 Items 48-53: - Items 48-53: $363.10 Items 48-53: -
Unit Price Unit Price Unit Price Unit Price
(UOM) (UOM) (UOM) (UOM)
54 3/4 INCH METER STOP 600 Each $20.42 $12,252.00 $19.80 $11,880.00 $21.14 $12,684.00 - -
55 1 INCH METER STOP 2500 Each $31.60 $79,000.00 $27.75 $69,375.00 $25.50 $63,750.00 - -
56 1 1/4 INCH METER STOP 20 Each $65.20 $1,304.00 $50.00 $1,000.00 $30.00 $600.00 - -
57 2 INCH METER STOP 75 Each $105.21 $7,890.75 $97.00 $7,275.00 $85.00 $6,375.00 - -
Items 54-57: $100,446.75 Items 54-57: $89,530.00 Items 54-57: $83,409.00 Items 54-57: -
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total Price
Group 7: GAS METER STOPS (BMI, non-insulated ball valves that do not include the pressure tap)Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
Item Description Quantity Unit Total Price Total Price
Group 6: REDUCING COUPLINGS Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
Item Description Quantity Unit Total Price Total Price
Group 5: CAPS Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
Item Description Quantity Unit Total Price Total Price
Group 4: TEES Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
Item Description Quantity Unit Total Price Total Price
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
CITY OF CLEARWATER
ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/ Fittings
DUE DATE: May 31, 2024; 10:00 AM
BID TABULATION -Exhibit B- Steel Pipe Fittings
Unit Price Unit Price Unit Price Unit Price
(UOM) (UOM) (UOM) (UOM)
58 3/4 INCH COND. COMPRESSION COUPLING DRESSER STYLE 90 20 Each $29.43 $588.60 - -$62.60 $1,252.00 - -
59 1 INCH COND. COMPRESSION COUPLING DRESSER STYLE 90 20 Each $31.11 $622.20 - -$67.44 $1,348.80 - -
60
1 1/4 INCH COND. COMPRESSION COUPLING DRESSER STYLE
90 5 Each $33.58 $167.90 - -$76.30 $381.50 - -
61
1 1/2 INCH COND. COMPRESSION COUPLING DRESSER STYLE
90 5 Each $43.25 $216.25 - -$87.00 $435.00 - -
62 2 INCH COND. COMPRESSION COUPLING DRESSER STYLE 90 20 Each $49.25 $985.00 - -$98.87 $1,977.40 - -
63 1/2 IPS COND. COMPRESSION COUPLING DRESSER STYLE 90 5 Each $35.78 $178.90 - -$72.00 $360.00 - -
64
3/4 INCH COND. COMPRESSION COUPLING DRESSER STYLE 90
INSULATED 5 Each $51.21 $256.05 - -$86.54 $432.70 - -
65
1 INCH COND. COMPRESSION COUPLING DRESSER STYLE 90
INSULATED 5 Each 55.62 $278.10 - -$90.29 $451.45 - -
66
1 1/4 INCH COND. COMPRESSION COUPLING DRESSER STYLE
90 INSULATED 5 Each 59.6 $298.00 - -$97.50 $487.50 - -
67
1 1/2 INCH COND. COMPRESSION COUPLING DRESSER STYLE
90 INSULATED 5 Each 67.9 $339.50 - -$116.00 $580.00 - -
68
2 INCH COND. COMPRESSION COUPLING DRESSER STYLE 90
INSULATED 5 Each 85.36 $426.80 - -$137.00 $685.00 - -
69
3/4 INCH COND. COMPRESSION COUPLING DRESSER STYLE 90
CAP 10 Each 24.75 $247.50 - -$34.90 $349.00 - -
70
1 INCH COND. COMPRESSION COUPLING DRESSER STYLE 90
CAP 20 Each 28.22 $564.40 - -$39.80 $796.00 - -
71
2 INCH COND. COMPRESSION COUPLING DRESSER STYLE 90
CAP 10 Each $40.27 $402.70 - -$56.80 $568.00 - -
Items 58-71: $5,571.90 Items 58-71:-Items 58-71:$10,104.35 Items 58-71:-
General Utility Pipe & Supply LLC
Total Price
Group 8: DRESSER STYLE COMPRESSION COUPLINGS Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
Item Description Quantity Unit Total Price Total Price
ISCO Industries, Inc.
Total Price
CITY OF CLEARWATER
ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/ Fittings
DUE DATE: May 31, 2024; 10:00 AM
BID TABULATION -Exhibit B- Steel Pipe Fittings
Unit Price Unit Price Unit Price Unit Price
(UOM) (UOM) (UOM) (UOM)
72
3/4 X 3 INCH STAINLESS STEEL CLAMP POWER SEAL STYLE
3151 10 Each $9.31 $93.10 - -$19.88 $198.80 - -
73
3/4 X 6 INCH STAINLESS STEEL CLAMP POWER SEAL STYLE
3151 10 Each $23.43 $234.30 - -$39.50 $395.00 - -
74 1 X 3 INCH STAINLESS STEEL CLAMP POWER SEAL STYLE 3151 10 Each $10.18 $101.80 - -$22.38 $223.80 - -
75 1 X 6 INCH STAINLESS STEEL CLAMP POWER SEAL STYLE 3151 10 Each $24.50 $245.00 - -$42.80 $428.00 - -
76 2 X 3 INCH STAINLESS STEEL CLAMP POWER SEAL STYLE 3151 20 Each $12.31 $246.20 - -$24.75 $495.00 - -
77 2 X 6 INCH STAINLESS STEEL CLAMP POWER SEAL STYLE 3151 10 Each $24.55 $245.50 - -$45.00 $450.00 - -
78
2 X 12 INCH FULL CIRCLE STAIN.STEEL CLAMP 2:35-2:55 OD
POWER SEAL 311OG 5 Each $131.47 $657.35 - -$117.50 $587.50 - -
79
2 X 12 INCH FULL CIRCLE STAIN.STEEL CLAMP 2:45-2:65 G
POWER SEAL 311OG 10 Each $131.47 $1,314.70 - -$117.50 $1,175.00 - -
80
2 1/2 X 12 INCH FULL CIR.STAIN.STEEL CLAMP 2:70-2:90 OD
POWER SEAL 311OG 5 Each $146.52 $732.60 - -$115.00 $575.00 - -
81
4 X 6 INCH FULL CIRCLE STAIN.STEEL CLAMP 4:50-4:80 OD
POWER SEAL 311OG 5 Each 102.63 $513.15 - -$91.25 $456.25 - -
82
4 X 12 INCH FULL CIRCLE STAIN.STEEL CLAMP 4:50-4:80 OD
POWER SEAL 311OG 5 Each 173.03 $865.15 - -$151.25 $756.25 - -
83
4 X 18 INCH FULL CIRCLE STAIN.STEEL CLAMP 4:50-4:80 OD
POWER SEAL 311OG 5 Each 350.38 $1,751.90 - -$218.75 $1,093.75 - -
84 6 X 18 INCH STAINLESS STEEL FULL CIRCLE CLAMP 5 Each 419.4 $2,097.00 - -$256.25 $1,281.25 - -
85
8 X 12 INCH FULL CIRCLE STAIN.STEEL CLAMP 8:00-8:25 OD
POWER SEAL 311OG 5 Each 227.76 $1,138.80 - -$203.75 $1,018.75 - -
86
8 X 12 INCH FULL CIRCLE STAINLESS STEEL CLAMP 8:60-9:50
POWER SEAL 3122G 5 Each $354.77 $1,773.85 - -$203.75 $1,018.75 - -
Items 72-86: $12,010.40 Items 72-86:-Items 72-86:$10,153.10 Items 72-86:-
Group 10: SERVICE SADDLES: DOUBLE STEEL STRAP WITH ROLLED THREAD DESIGN
Unit Price Unit Price Unit Price Unit Price
(UOM) (UOM) (UOM) (UOM)
87 SERVICE SADDLES 2 MAIN X 1 FPT 20 Each $39.01 $780.20 - -$42.56 $851.20 - -
88 SERVICE SADDLES 2 MAIN X 3/4 FPT 20 Each $39.01 $780.20 - -$42.56 $851.20 - -
89 SERVICE SADDLES 2 1/2 MAIN X 1 FPT 20 Each $43.91 $878.20 - -$48.94 $978.80 - -
90 SERVICE SADDLES 4 1/2 MAIN X 1 FPT 5 Each $51.95 $259.75 - -$62.38 $311.90 - -
91 SERVICE SADDLES 4 MAIN X 1 FPT 5 Each $51.95 $259.75 - -$62.38 $311.90 - -
92 SERVICE SADDLES 4 MAIN X 2 FPT 1 Each $60.30 $60.30 - -74.38 $74.38 - -
93 SERVICE SADDLES 6 MAIN X 1 FPT 1 Each $59.08 $59.08 - -65.8 $65.80 - -
Items 87-93: $3,077.48 Items 87-93:-Items 87-93: $3,445.18 Items 87-93:-
Unit Price Unit Price Unit Price Unit Price
(UOM) (UOM) (UOM) (UOM)
94
#12 SOLID COPPER,YELLOW, TRACER WIRE (polyethylene
coated)( per foot)360,000 Foot 0.22 $79,200.00 - -0.22 $79,200.00 - -
95
#10 COPPER CLAD STEEL, YELLOW, TRACER WIRE
(polyethylene coated) (per foot)90,000 Foot 0.44 $39,600.00 - -0.15 $13,500.00 - -
Items 94-95: $118,800.00 Items 94-95:-Items 94-95: $92,700.00 Items 94-95:-
General Utility Pipe & Supply LLC
Total Price
Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total Price
Group 11: WIRE (PER FOOT)Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
Item Description Quantity Unit Total Price Total Price
Item Description Quantity Unit Total Price Total Price
Group 9: VEGAS: STAINLESS STEEL REPAIR CLAMP WITH NEOPRENE SEALING GASKET (neoprene
or non-neoprene)
Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
Item Description Quantity Unit Total Price Total Price
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
CITY OF CLEARWATER
ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/ Fittings
DUE DATE: May 31, 2024; 10:00 AM
BID TABULATION -Exhibit B- Steel Pipe Fittings
Unit Price Unit Price Unit Price Unit Price
(UOM) (UOM) (UOM) (UOM)
96
5/8 OD PE W/STIFFENER X 5/8 XTRUBE ADAPTER
CONTINENTAL 0443-00-1004-00 10 Each $89.03 $890.30 - -$22.58 $225.80 - -
97
5/8 OD PE W/STIFFENER X 1/2 XTRUBE ADAPTER
CONTINENTAL 0343-00-1004-00 10 Each $56.05 $560.50 - -$38.60 $386.00 - -
98
3/4 MPT X 5/8 OD PE W/STIFFENER ADAPTER CONTINENTAL
0442-00-0913-00 20 Each $74.41 $1,488.20 - -$20.33 $406.60 - -
99
3/4 DRESSER X 5/8 OD PE W/STIFFENER ADAPTER
CONTINENTAL 1340-00-1004-00 20 Each $67.85 $1,357.00 - -$33.50 $670.00 - -
100
3/4 MPT X 1/2 XTRUBE ADAPTER CONTINENTAL 0343-00-0913-
00 50 Each $60.22 $3,011.00 - -$49.75 $2,487.50 - -
101
1/2 MPT X 1/2 XTRUBE ADAPTER CONTINENTAL 0343-00-0912-
00 1 Each $57.35 $57.35 - -$40.00 $40.00 - -
102 5/8 INCH X 5/8 INCH XTRUBE CONTINENTAL 0443-00-1304-00 50 Each $59.53 $2,976.50 - -$48.25 $2,412.50 - -
103
1/2 INCH CONDUCTIVE STEEL TUBING ADAPTER P/N 0343-00-
1303-00 10 Each $182.12 $1,821.20 - -$71.33 $713.30 - -
104
1/2 INCH MIP X 1/2 INCH PE (5/8 OD) ADAPTER P/N 0442-*00-
0912-00 10 Each $62.31 $623.10 - -$40.00 $400.00 - -
105
3/4 INCH PUNCH TEE X 5/8 INCH COMPRESSION TEE
CONTINENTAL 10 Each $82.83 $828.30 - -$58.95 $589.50 - -
106
3/4 INCH PUNCH TEE X 3/4 INCH COMPRESSION TEE
CONTINENTAL 10 Each $112.45 $1,124.50 - -$133.05 $1,330.50 - -
107
3/4 INCH PUNCH TEE X 1 INCH COMPRESSION OUTLET
CONTININTAL 40 Each $144.97 $5,798.80 - -$166.54 $6,661.60 - -
108
3/4 INCH PUNCH TEE X 3/4 INCH WELDABLE OUTLET
CONTININTAL 5 Each $84.87 $424.35 - -$138.00 $690.00 - -
109
3/4 INCH PUNCH TEE X 1 INCH WELDABLE OUTLET
CONTININTAL 5 Each $97.75 $488.75 - -$162.90 $814.50 - -
110
1 INCH PUNCH TEE X 5/8 INCH COMPRESSION TEE
CONTINENTAL 20 Each $177.20 $3,544.00 - -$150.00 $3,000.00 - -
111
1 INCH PUNCH TEE X 3/4 INCH COMPRESSION TEE
CONTINENTAL 20 Each $177.20 $3,544.00 - -$133.00 $2,660.00 - -
112 1 INCH PUNCH TEE X 1 INCH COMPRESSION TEE
CONTINENTAL 20 Each $246.86 $4,937.20 - -$166.50 $3,330.00 - -
113
1 INCH PUNCH TEE X 3/4 INCH WELDABLE OUTLET
CONTINENTAL 10 Each $111.81 $1,118.10 - -$156.00 $1,560.00 - -
114
1 INCH PUNCH TEE X 1 INCH WELDABLE OUTLET
CONTINENTAL 20 Each $102.40 $2,048.00 - -$162.90 $3,258.00 - -
115 3/4 X 5/8 INCH W/STIFFENER, STEEL; WRAP-A-ROUND TAP TEE 5 Each $243.87 $1,219.35 - -$227.82 $1,139.10 - -
116 1 X 5/8 INCH W/STIFFENER, STEEL WRAP-A-ROUND TAP TEE 10 Each $254.42 $2,544.20 - -$265.00 $2,650.00 - -
117 1 X 3/4 INCH W/STIFFENER, STEEL WRAP-A-ROUND TAP TEE 10 Each $318.58 $3,185.80 - -$310.00 $3,100.00 - -
118 1 X 1 INCH W/STIFFENER, STEEL WRAP-A-ROUND TAP TEE 20 Each $331.47 $6,629.40 - -$327.00 $6,540.00 - -
119 2 X 5/8 INCH W/STIFFENER, STEEL WRAP-A-ROUND TAP TEE 10 Each $239.05 $2,390.50 - -$230.00 $2,300.00 - -
120 2 X 3/4 INCH W/STIFFENER, STEEL WRAP-A-ROUND TAP TEE 10 Each $315.03 $3,150.30 - -$250.00 $2,500.00 - -
121 2 X 1 INCH W/STIFFENER, STEEL WRAP-A-ROUND TAP TEE 20 Each $439.98 $8,799.60 - -$290.00 $5,800.00 - -
Items 96-121:$64,560.30 Items 96-121:-Items 96-121:$55,664.90 Items 96-121:-
General Utility Pipe & Supply LLC
Total Price
Group 12: CONTINENTAL ADAPTERS, PUNCH TEES AND WRAP AROUNDS Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
Item Description Quantity Unit Total Price Total Price
ISCO Industries, Inc.
Total Price
CITY OF CLEARWATER
ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/ Fittings
DUE DATE: May 31, 2024; 10:00 AM
BID TABULATION -Exhibit B- Steel Pipe Fittings
Unit Price Unit Price Unit Price Unit Price
(UOM) (UOM) (UOM) (UOM)
122 3 BOLT COMP. COUPLING 2.500 TO 2.375 5 Each - - - - - - - -
123 3 BOLT COMP. COUPLING 2.375 TO 2.375 5 Each $184.30 $921.50 - - - - - -
124 3 BOLT COMP. COUPLING 2.500 TO 2.500 5 Each - - - - - - - -
125 3 BOLT COMP. COUPLING 2.875 TO 3.2 5 Each - - - - - - - -
126 4 BOLT COMP. COUPLING 4.500 TO 2.375 5 Each $642.52 $3,212.60 - - - - - -
127 4 BOLT COMP. COUPLING 4.500 TO 4.800 5 Each $513.91 $2,569.55 - - - - - -
128 4 BOLT COMP. COUPLING 4.500 TO 4.500 5 Each $282.96 $1,414.80 - - - - - -
129 4 BOLT COMP. COUPLING 4.500 TO 5.00 5 Each $742.62 $3,713.10 - - - - - -
130 6 BOLT COMP. COUPLING 6.75 TO 5.00 5 Each - - - - - - - -
131 6 BOLT COMP. COUPLING 8.625 5 Each $780.21 $3,901.05 - - - - - -
Items 122-131:$15,732.60 Items 122-131:-Items 122-131:-Items 122-131:-
Unit Price Unit Price Unit Price Unit Price
(UOM) (UOM) (UOM) (UOM)
132 1 INCH 150 # WELD X WELD 1 Each - - - - - - - -
133 EXTERNAL COATED 2 INCH 150 # WELD X WELD 1 Each $168.75 $168.75 $563.00 $563.00 - - - -
134 3 INCH 150 # WELD X WELD 1 Each $325.00 $325.00 $1,000.00 $1,000.00 - - - -
135 4 INCH 150 # WELD X WELD 1 Each $350.00 $350.00 $1,085.00 $1,085.00 - - - -
136 6 INCH 150 # WELD X WELD 1 Each $706.25 $706.25 $1,675.00 $1,675.00 - - - -
137 8 INCH 150 # WELD X WELD 1 Each $887.50 $887.50 $2,325.00 $2,325.00 - - - -
Items 132-137:$2,437.50 Items 132-137:$6,648.00 Items 132-137:-Items 132-137:-
Unit Price Unit Price Unit Price Unit Price
(UOM) (UOM) (UOM) (UOM)
138 TYPE E, 150 SIZE 2 INCH 300 Each $22.50 $6,750.00 - -$2.20 $660.00 - -
139 TYPE E, 150 SIZE 3 INCH 200 Each $33.81 $6,762.00 - -$3.65 $730.00 - -
140 TYPE E, 150 SIZE 4 INCH 150 Each $46.69 $7,003.50 - -$5.25 $787.50 - -
141 TYPE E, 150 SIZE 6 INCH 50 Each $62.80 $3,140.00 - -$7.75 $387.50 - -
142 TYPE E, 150 SIZE 8 INCH 20 Each $89.37 $1,787.40 - -$10.65 $213.00 - -
143 1 INCH NEOPREVE FLANGE GASKET 30 Each $12.08 $362.40 - -$0.35 $10.50 - -
144 2 INCH E NEOPRENE FLANGE GASKETS 300 Each $22.54 $6,762.00 - -$0.95 $285.00 - -
145 3 INCH E NEOPRENE FLANGE GASKETS 200 Each $33.81 $6,762.00 - -$1.50 $300.00 - -
146 4 INCH E NEOPRENE FLANGE GASKETS 100 Each $46.69 $4,669.00 - -$2.10 $210.00 - -
147 6 INCH E NEOPRENE FLANGE GASKETS 20 Each $62.80 $1,256.00 - -$3.00 $60.00 - -
148 8 INCH E NEOPRENE FLANGE GASKETS 20 Each $89.37 $1,787.40 - -$4.00 $80.00 - -
Items 138-148:$47,041.70 Items 138-148: - Items 138-148: $3,723.50 Items 138-148: -
Unit Price Unit Price Unit Price Unit Price
(UOM) (UOM) (UOM) (UOM)
149 1 INCH IPS 10 Each $20.00 $200.00 - -$16.00 $160.00 - -
150 2 INCH IPS 20 Each $20.00 $400.00 - -$18.00 $360.00 - -
151 4 INCH IPS 10 Each $31.00 $310.00 - -$28.85 $288.50 - -
152 6 INCH IPS 20 Each $39.00 $780.00 - -$36.70 $734.00 - -
153 8 INCH IPS 10 Each $64.00 $640.00 - -$58.00 $580.00 - -
Items 149-153:$2,330.00 Items 149-153: - Items 149-153: $2,122.50 Items 149-153: -
Total Price
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
Item Description Quantity Unit Total Price Total Price
Group 14: IN-LINE INSULATORS Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
Item Description Quantity Unit Total Price Total Price
Group 15: NEOPRENE FACED PHENOLIC GASKET Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
Group 13: DRESSER STYLE COUPLINGS, STYLE 711 Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
Item Description Quantity Unit Total Price Total Price
Group 16: PIGS: FOAM PIPELINE CLEANERS
Item Description Quantity Unit Total Price Total Price
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
CITY OF CLEARWATER
ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/ Fittings
DUE DATE: May 31, 2024; 10:00 AM
BID TABULATION -Exhibit B- Steel Pipe Fittings
Unit Price Unit Price Unit Price Unit Price
(UOM) (UOM) (UOM) (UOM)
154 2 INCH WILLIAMSON TEE (LOW PRESSURE)25 Each $251.25 $6,281.25 - -$230.00 $5,750.00 - -
155 2 INCH WILLIAMSON TEE (HIGH PRESSURE)25 Each $3,007.27 $75,181.75 - -$2,400.00 $60,000.00 - -
156 3 INCH WILLIAMSON TEE (HIGH PRESSURE)12 Each $3,996.25 $47,955.00 - -$3,197.00 $38,364.00 - -
157 4 INCH WILLIAMSON TEE (HIGH PRESSURE)20 Each $6,523.75 $130,475.00 - -$5,219.00 $104,380.00 - -
158 6 INCH WILLIAMSON TEE (HIGH PRESSURE)10 Each $8,588.75 $85,887.50 - -$6,871.00 $68,710.00 - -
159 8 INCH WILLIAMSON TEE (HIGH PRESSURE)4 Each $10,172.50 $40,690.00 - -$8,750.00 $35,000.00 - -
160 2 INCH WILLIAMSON SHORT STOP 25 Each $121.25 $3,031.25 - -$115.00 $2,875.00 - -
161 3 INCH WILLIAMSON SHORT STOP 12 Each $220.00 $2,640.00 - -$180.00 $2,160.00 - -
162 4 INCH WILLIAMSON SHORT STOP 25 Each $932.50 $23,312.50 - -$825.00 $20,625.00 - -
163 6 INCH WILLIAMSON SHORT STOP 10 Each $1,238.75 $12,387.50 - -$1,125.00 $11,250.00 - -
164 8 INCH WILLIAMSON SHORT STOP 4 Each $2,350.00 $9,400.00 - -$2,100.00 $8,400.00 - -
165 2 INCH COMPLETION PLUG 10 Each $72.50 $725.00 - -$68.00 $680.00 - -
166 4 INCH COMPLETION PLUG 10 Each $705.00 $7,050.00 - -$640.00 $6,400.00 - -
167 6 INCH COMPLETION PLUG 10 Each $782.50 $7,825.00 - -$40.00 $400.00 - -
168 8 INCH COMPLETION PLUG 10 Each $1,431.25 $14,312.50 - -$58.00 $580.00 - -
Items 154-168:$467,154.25 Items 154-168:-Items 154-168:$365,574.00 Items 154-168:-
Unit Price Unit Price Unit Price Unit Price
(UOM) (UOM) (UOM) (UOM)
169 2 INCH NORDSTROM LUBE VALVES 5 Each $220.57 $1,102.85 -$240.00 $1,200.00 -
170 4 INCH NORDSTROM LUBE VALVES 5 Each $446.25 $2,231.25 -$441.00 $2,205.00 -
171 6 INCH NORDSTROM LUBE VALVES 5 Each $1,449.67 $7,248.35 -$1,470.00 $7,350.00 -
172 8 INCH NORDSTROM LUBE VALVES 5 Each $2,582.51 $12,912.55 -$2,900.00 $14,500.00 -
173 1 INCH BALON NON-LUBE VALVES 5 Each $160.68 $803.40 $156.00 $780.00 $78.00 $390.00 -
174 2 INCH BALON NON-LUBE VALVES 5 Each $234.51 $1,172.55 $197.00 $985.00 $350.00 $1,750.00 -
175 4 INCH BALON NON-LUBE VALVES 5 Each $783.65 $3,918.25 $366.00 $1,830.00 $600.00 $3,000.00 -
176 6 INCH BALON NON-LUBE VALVES 5 Each $1,340.67 $6,703.35 $875.00 $4,375.00 $1,200.00 $6,000.00 -
177 8 INCH BALON NON-LUBE VALVES 5 Each $2,120.48 $10,602.40 $1,676.00 $8,380.00 $2,800.00 $14,000.00 -
Items 169-177:$46,694.95 Items 169-177:$16,350.00 Items 169-177:$50,395.00 Items 169-177:$0.00
General Utility Pipe & Supply LLC
Total Price
General Utility Pipe & Supply LLC
Total PriceItem Description Quantity Unit Total Price Total Price
Item Description Quantity Unit Total Price Total Price
Group 17: T D WILLIAMSON Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
Group 18: VALVES (LUBE AND NON-LUBE)Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
ISCO Industries, Inc.
Total Price
ISCO Industries, Inc.
Total Price
CITY OF CLEARWATER
ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/ Fittings
DUE DATE: May 31, 2024; 10:00 AM
BID TABULATION -Exhibit B- Steel Pipe Fittings
178 2 X 18 INCH CANUSA PL-55-10 SHRINK SLEEVES 5 Each $8.33 $41.65 - -$10.20 $51.00 - -
179 4 X 18 INCH CANUSA PL-115-18 5 Each $11.82 $59.10 - -$12.80 $64.00 - -
180 6 X 18 INCH CANUSA PL-170-18 5 Each $16.00 $80.00 - -$17.50 $87.50 - -
181 8 X 18 INCH SHRINK SLEEVES 5 Each $28.50 $142.50 - -$16.00 $80.00 - -
182 (SLIDS) SUPPORT CLAMPS 12 INCH X 8 INCH 1 Each - - - -$28.00 $28.00 - -
183 (SLIDS) SUPPORT CLAMPS 12 INCH X 6 INCH 1 Each - - - -$24.00 $24.00 - -
184 5/8 X 4 INCH ALL-THREAD STUDS (DEBORED)1200 Each $3.00 $3,600.00 - -$1.20 $1,440.00 - -
185 5/8 NUTS 2400 Each $1.15 $2,760.00 - -$0.35 $840.00 - -
186 3/4 X 4 INCH ALL-THREAD STUDS (DEBORED)100 Each $4.10 $410.00 - -$1.88 $188.00 - -
187 3/4 NUTS 200 Each $1.65 $330.00 - -$0.49 $98.00 - -
188
CATHODIC TEST STATIONS WITH CAST IRON RING, CAST IRON
LID WITH TERMINAL BLOCK 125 Each $39.69 $4,961.25 - -$47.50 $5,937.50 - -
189 3M DIRECT BURIAL SPLICE KITS 5000 Each $6.25 $31,250.00 - -$2.40 $12,000.00 - -
190 METER LUBE TOOL 15 Each $194.44 $2,916.60 - -$130.00 $1,950.00 - -
191 80-B LUBE 15 Each $43.53 $652.95 - -$27.00 $405.00 - -
192 CONTROL BAR O-RING 10 Each - - - -$0.25 $2.50 - -
193 2 INCH SHORT STOP GASKETS 10 Each - - - -$18.00 $180.00 - -
194 4 INCH SHORT STOP GASKETS 10 Each $40.00 $400.00 - -$35.00 $350.00 - -
195 6 INCH SHORT STOP GASKETS 10 Each $48.00 $480.00 - -$40.00 $400.00 - -
196 8 INCH SHORT STOP GASKETS 10 Each $74.65 $746.50 - -$60.00 $600.00 - -
197 2 INCH SHORT STOP STOPPERS 50 Each $45.65 $2,282.50 - -$39.00 $1,950.00 - -
198 4 INCH SHORT STOP STOPPERS 30 Each $108.40 $3,252.00 - -$95.50 $2,865.00 - -
199 6 INCH SHORT STOP STOPPERS 30 Each $208.25 $6,247.50 - -$173.00 $5,190.00 - -
200 8 INCH SHORT STOP STOPPERS 10 Each $273.90 $2,739.00 - -$228.00 $2,280.00 - -
201 STEEL PIPE SQUEEZE TOOL PS-62B 5 Each $3,413.30 $17,066.50 - -$3,000.00 $15,000.00 - -
202 4 X 2 INCH CASING END SEAL 20 Each $45.30 $906.00 - -$32.00 $640.00 - -
203 8 X 4 INCH CASING END SEAL 20 Each $56.00 $1,120.00 - -$42.00 $840.00 - -
204 12 X 6 INCH CASING END SEAL 10 Each $66.65 $666.50 - -$55.00 $550.00 - -
205 16 X 8 INCH CASING END SEAL 10 Each $76.00 $760.00 - -$70.00 $700.00 - -
Items 178-205:$83,870.55 Items 178-205:-Items 178-205:$54,740.50 Items 178-205:-
REMARKS: Price(s) with star ( ) indicates apparent low bidder, intent to award.
General Utility Pipe & Supply LLCGroup 19: MISCELLANEOUS PARTS Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.
NOTE: Group 13, Dresser Style Couplings, Style 711 and Group 14, In-Line Insulators will not be awarded to due partial bids.
ISCO Industries, Inc.
CITY OF CLEARWATER ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/Fittings
DUE DATE: May 31, 2024; 10:00 AM
BID TABULATION -Exhibit C- Sustainability Fittings
Group 1: EPOXY COATED STEEL PIPE (PER FOOT)
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
1 2 INCH STEEL PIPE 210 Foot
2 3 INCH STEEL PIPE 42 Foot
3 4 INCH STEEL PIPE 210 Foot
4 6 INCH STEEL PIPE 42 Foot
5 6 INCH STEEL PIPE WITH 0.280 WALL THICKNESS 42 Foot
6 8 INCH STEEL PIPE 42 Foot
7 12 INCH STEEL PIPE 210 Foot
8 16 INCH STEEL PIPE 210 Foot
Items 1-8: $0.00 Items 1-8: $0.00 Items 1-8: $0.00 Items 1-8:$0.00
Group 2: FLANGES
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
9 1 INCH WELD FLANGE (SLIP ON) 125# RAISED FACE 5 Each $19.28 $96.40
10 2 INCH WELD FLANGE (SLIP ON) 125# RAISED FACE 150 Each $15.96 $2,394.00
11 3 INCH WELD FLANGE (SLIP ON) 125# RAISED FACE 25 Each $23.00 $575.00
12 3 X 2 INCH WELD FLANGE (SLIP ON) 125# RAISED FACE 50 Each $60.43 $3,021.50
13 4 INCH WELD FLANGE (SLIP ON) 125# RAISED FACE 10 Each $26.56 $265.60
14 4 X 2 INCH WELD FLANGE (SLIP ON) 125# RAISED FACE 5 Each $64.75 $323.75
15 6 INCH WELD FLANGE (SLIP ON) 125# RAISED FACE 20 Each $44.40 $888.00
16 6 X 4 INCH WELD FLANGE (SLIP ON) 125# RAISED FACE 5 Each $175.80 $879.00
17 8 INCH WELD FLANGE (SLIP ON) 125# RAISED FACE 20 Each $66.95 $1,339.00
18 1 INCH THREADED FLANGE 125#5 Each $28.86 $144.30
19 2 INCH THREADED FLANGE 125#20 Each $23.80 $476.00
20 3 INCH THREADED FLANGE 125#5 Each $29.45 $147.25
21 3 X 2 INCH THREADED FLANGE 125# 10 Each $79.00 $790.00
22 4 INCH THREADED FLANGE 125#5 Each $34.40 $172.00
23 4 X 2 INCH THREADED 125#10 Each $83.75 $837.50
24 4 X 3 INCH THREADED 125#5 Each $83.75 $418.75
Items 9 – 24:$0.00 Items 9 –24:$0.00 Items 9 –24:$12,768.05 Items 9 –24:$0.00
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
25 1 INCH STEEL 45 DEGREE ELLS 2 Each $13.80 $27.60
26 2 INCH STEEL 45 DEGREE ELLS 5 Each $13.80 $69.00
27 4 INCH STEEL 45 DEGREE ELLS 2 Each $31.70 $63.40
28 6 INCH STEEL 45 DEGREE ELLS 2 Each $61.90 $123.80
29 8 INCH STEEL 45 DEGREE ELLS 2 Each $103.08 $206.16
30 1 INCH STEEL 90 DEGREE ELLS (LONG RADIUS)10 Each $13.25 $132.50
31 2 INCH STEEL 90 DEGREE ELLS (LONG RADIUS)75 Each $14.66 $1,099.50
32 3 INCH STEEL 90 DEGREE ELLS (LONG RADIUS)10 Each $21.44 $214.40
33 4 INCH STEEL 90 DEGREE ELLS (LONG RADIUS)10 Each $35.11 $351.10
34 6 INCH STEEL 90 DEGREE ELLS (LONG RADIUS)10 Each $76.70 $767.00
35 8 INCH STEEL 90 DEGREE ELLS (LONG RADIUS)10 Each $145.20 $1,452.00
Items 25-35: $0.00 Items 25-35: $0.00 Items 25-35: $4,506.46 Items 25-35:$0.00
Total Price Total PriceItem Description Unit Total Price Total Price
Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
Total Price
Group 3: ELBOWS Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
Item No. Description Unit Total Price Total Price Total Price
Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
Item No. Description Unit Total Price Total Price Total Price Total Price
CITY OF CLEARWATER ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/Fittings
DUE DATE: May 31, 2024; 10:00 AM
BID TABULATION -Exhibit C- Sustainability Fittings
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
36 1 X 1 X 1 INCH STEEL TEES 10 Each $40.20 $402.00
37 2 X 2 X 2 INCH STEEL TEES 20 Each $34.80 $696.00
38 4 X 4 X 4 INCH STEEL TEES 5 Each $75.15 $375.75
39 6 X 6 X 6 INCH STEEL TEES 5 Each $128.60 $643.00
40 4 X 4 X 2 INCH STEEL TEES 5 Each $78.68 $393.40
41 3 X 3 X 3 INCH STEEL TEES 5 Each $53.30 $266.50
42 6 X 6 X 4 INCH STEEL TEES 5 Each $153.40 $767.00
Items 36-42: $0.00 Items 36-42: $0.00 Items 36-42: $3,543.65 Items 36-42:$0.00
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
43 2 INCH CAPS 25 Each $21.10 $527.50
44 3 INCH CAPS 10 Each $21.88 $218.80
45 4 INCH CAPS 10 Each $32.00 $320.00
46 6 INCH CAPS 2 Each $54.90 $109.80
47 8 INCH CAPS 2 Each $82.65 $165.30
Items 43-47: $0.00 Items 43-47: $0.00 Items 43-47: $1,341.40 Items 43-47:$0.00
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
48 2 X 1 INCH STEEL WELD REDUCING CONCENTRIC 30 Each $31.30 $939.00
49 3 X 2 INCH STEEL WELD REDUCING CONCENTRIC 10 Each $25.25 $252.50
50 4 X 2 INCH STEEL WELD REDUCING CONCENTRIC 10 Each $36.68 $366.80
51 4 X 3 INCH STEEL WELD REDUCING CONCENTRIC 10 Each $30.00 $300.00
52 6 X 4 INCH STEEL WELD REDUCING CONCENTRIC 2 Each $63.10 $126.20
53 8 X 6 INCH STEEL WELD REDUCING CONCENTRIC 2 Each $82.56 $165.12
Items 48-53: $0.00 Items 48-53: $0.00 Items 48-53: $2,149.62 Items 48-53: $0.00
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
54 3/4 INCH METER STOP 600 Each
55 1 INCH METER STOP 2500 Each
56 1 1/4 INCH METER STOP 20 Each
57 2 INCH METER STOP 75 Each
Items 54-57: $0.00 Items 54-57: $0.00 Items 54-57: $0.00 Items 54-57: $0.00
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
58 3/4 INCH COND. COMPRESSION COUPLING DRESSER STYLE 90 20 Each
59 1 INCH COND. COMPRESSION COUPLING DRESSER STYLE 90 20 Each
60
1 1/4 INCH COND. COMPRESSION COUPLING DRESSER STYLE
90 5 Each
Total Price Total PriceItem Description Unit Total Price Total Price
Total Price Total Price
Group 8: DRESSER STYLE COMPRESSION COUPLINGS Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
Item Description Unit Total Price Total Price
Total Price Total Price
Group 7: GAS METER STOPS (BMI, non-insulated ball valves that do not include the pressure tap)Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
Item Description Unit Total Price Total Price
Total Price Total Price
Group 6: REDUCING COUPLINGS Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
Item Description Unit Total Price Total Price
Total Price Total Price
Group 5: CAPS Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
Item Description Unit Total Price Total Price
Group 4: TEES Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
CITY OF CLEARWATER ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/Fittings
DUE DATE: May 31, 2024; 10:00 AM
BID TABULATION -Exhibit C- Sustainability Fittings
61
1 1/2 INCH COND. COMPRESSION COUPLING DRESSER STYLE
90 5 Each
62 2 INCH COND. COMPRESSION COUPLING DRESSER STYLE 90 20 Each
63 1/2 IPS COND. COMPRESSION COUPLING DRESSER STYLE 90 5 Each
64
3/4 INCH COND. COMPRESSION COUPLING DRESSER STYLE 90
INSULATED 5 Each
65
1 INCH COND. COMPRESSION COUPLING DRESSER STYLE 90
INSULATED 5 Each
66
1 1/4 INCH COND. COMPRESSION COUPLING DRESSER STYLE
90 INSULATED 5 Each
67
1 1/2 INCH COND. COMPRESSION COUPLING DRESSER STYLE
90 INSULATED 5 Each
68
2 INCH COND. COMPRESSION COUPLING DRESSER STYLE 90
INSULATED 5 Each
69
3/4 INCH COND. COMPRESSION COUPLING DRESSER STYLE 90
CAP 10 Each
70
1 INCH COND. COMPRESSION COUPLING DRESSER STYLE 90
CAP 20 Each
71
2 INCH COND. COMPRESSION COUPLING DRESSER STYLE 90
CAP 10 Each
Items 58-71: $0.00 Items 58-71:$0.00 Items 58-71:$0.00 Items 58-71:$0.00
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
72
3/4 X 3 INCH STAINLESS STEEL CLAMP POWER SEAL STYLE
3151 10 Each
73
3/4 X 6 INCH STAINLESS STEEL CLAMP POWER SEAL STYLE
3151 10 Each
74 1 X 3 INCH STAINLESS STEEL CLAMP POWER SEAL STYLE 3151 10 Each
75 1 X 6 INCH STAINLESS STEEL CLAMP POWER SEAL STYLE 3151 10 Each
76 2 X 3 INCH STAINLESS STEEL CLAMP POWER SEAL STYLE 3151 20 Each
77 2 X 6 INCH STAINLESS STEEL CLAMP POWER SEAL STYLE 3151 10 Each
78
2 X 12 INCH FULL CIRCLE STAIN.STEEL CLAMP 2:35-2:55 OD
POWER SEAL 311OG 5 Each
79
2 X 12 INCH FULL CIRCLE STAIN.STEEL CLAMP 2:45-2:65 G
POWER SEAL 311OG 10 Each
80
2 1/2 X 12 INCH FULL CIR.STAIN.STEEL CLAMP 2:70-2:90 OD
POWER SEAL 311OG 5 Each
81
4 X 6 INCH FULL CIRCLE STAIN.STEEL CLAMP 4:50-4:80 OD
POWER SEAL 311OG 5 Each
82
4 X 12 INCH FULL CIRCLE STAIN.STEEL CLAMP 4:50-4:80 OD
POWER SEAL 311OG 5 Each
83
4 X 18 INCH FULL CIRCLE STAIN.STEEL CLAMP 4:50-4:80 OD
POWER SEAL 311OG 5 Each
84 6 X 18 INCH STAINLESS STEEL FULL CIRCLE CLAMP 5 Each
85
8 X 12 INCH FULL CIRCLE STAIN.STEEL CLAMP 8:00-8:25 OD
POWER SEAL 311OG 5 Each
Total Price Total PriceItem Description Unit Total Price Total Price
Group 9: VEGAS: STAINLESS STEEL REPAIR CLAMP WITH NEOPRENE SEALING GASKET
(neoprene or non-neoprene)
Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
CITY OF CLEARWATER ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/Fittings
DUE DATE: May 31, 2024; 10:00 AM
BID TABULATION -Exhibit C- Sustainability Fittings
86
8 X 12 INCH FULL CIRCLE STAINLESS STEEL CLAMP 8:60-9:50
POWER SEAL 3122G 5 Each
Items 72-86: $0.00 Items 72-86:$0.00 Items 72-86:$0.00 Items 72-86:$0.00
Group 10: SERVICE SADDLES: DOUBLE STEEL STRAP WITH ROLLED THREAD DESIGN
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
87 SERVICE SADDLES 2 MAIN X 1 FPT 20 Each
88 SERVICE SADDLES 2 MAIN X 3/4 FPT 20 Each
89 SERVICE SADDLES 2 1/2 MAIN X 1 FPT 20 Each
90 SERVICE SADDLES 4 1/2 MAIN X 1 FPT 5 Each
91 SERVICE SADDLES 4 MAIN X 1 FPT 5 Each
92 SERVICE SADDLES 4 MAIN X 2 FPT 1 Each
93 SERVICE SADDLES 6 MAIN X 1 FPT 1 Each
Items 87-93: $0.00 Items 87-93: $0.00 Items 87-93: $0.00 Items 87-93: $0.00
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
94
#12 SOLID COPPER,YELLOW, TRACER WIRE (polyethylene
coated)( per foot)360,000 Foot
95
#10 COPPER CLAD STEEL, YELLOW, TRACER WIRE
(polyethylene coated) (per foot)90,000 Foot
Items 94-95: $0.00 Items 94-95: $0.00 Items 94-95: $0.00 Items 94-95: $0.00
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
96
5/8 OD PE W/STIFFENER X 5/8 XTRUBE ADAPTER
CONTINENTAL 0443-00-1004-00 10 Each
97
5/8 OD PE W/STIFFENER X 1/2 XTRUBE ADAPTER
CONTINENTAL 0343-00-1004-00 10 Each
98
3/4 MPT X 5/8 OD PE W/STIFFENER ADAPTER CONTINENTAL
0442-00-0913-00 20 Each
99
3/4 DRESSER X 5/8 OD PE W/STIFFENER ADAPTER
CONTINENTAL 1340-00-1004-00 20 Each
100
3/4 MPT X 1/2 XTRUBE ADAPTER CONTINENTAL 0343-00-0913-
00 50 Each
101
1/2 MPT X 1/2 XTRUBE ADAPTER CONTINENTAL 0343-00-0912-
00 1 Each
102 5/8 INCH X 5/8 INCH XTRUBE CONTINENTAL 0443-00-1304-00 50 Each
103
1/2 INCH CONDUCTIVE STEEL TUBING ADAPTER P/N 0343-00-
1303-00 10 Each
104
1/2 INCH MIP X 1/2 INCH PE (5/8 OD) ADAPTER P/N 0442-*00-
0912-00 10 Each
105
3/4 INCH PUNCH TEE X 5/8 INCH COMPRESSION TEE
CONTINENTAL 10 Each
106
3/4 INCH PUNCH TEE X 3/4 INCH COMPRESSION TEE
CONTINENTAL 10 Each
107
3/4 INCH PUNCH TEE X 1 INCH COMPRESSION OUTLET
CONTININTAL 40 Each
Total Price Total PriceItem Description Unit Total Price Total Price
Total Price Total Price
Group 12: CONTINENTAL ADAPTERS, PUNCH TEES AND WRAP AROUNDS Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
Item Description Unit Total Price Total Price
Total Price Total Price
Group 11: WIRE (PER FOOT)Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
Item Description Unit Total Price Total Price
Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
CITY OF CLEARWATER ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/Fittings
DUE DATE: May 31, 2024; 10:00 AM
BID TABULATION -Exhibit C- Sustainability Fittings
108
3/4 INCH PUNCH TEE X 3/4 INCH WELDABLE OUTLET
CONTININTAL 5 Each
109
3/4 INCH PUNCH TEE X 1 INCH WELDABLE OUTLET
CONTININTAL 5 Each
110
1 INCH PUNCH TEE X 5/8 INCH COMPRESSION TEE
CONTINENTAL 20 Each
111
1 INCH PUNCH TEE X 3/4 INCH COMPRESSION TEE
CONTINENTAL 20 Each
112
1 INCH PUNCH TEE X 1 INCH COMPRESSION TEE
CONTINENTAL 20 Each
113
1 INCH PUNCH TEE X 3/4 INCH WELDABLE OUTLET
CONTINENTAL 10 Each
114
1 INCH PUNCH TEE X 1 INCH WELDABLE OUTLET
CONTINENTAL 20 Each
115
3/4 X 5/8 INCH W/STIFFENER, STEEL; WRAP-A-ROUND TAP
TEE 5 Each
116 1 X 5/8 INCH W/STIFFENER, STEEL WRAP-A-ROUND TAP TEE 10 Each
117 1 X 3/4 INCH W/STIFFENER, STEEL WRAP-A-ROUND TAP TEE 10 Each
118 1 X 1 INCH W/STIFFENER, STEEL WRAP-A-ROUND TAP TEE 20 Each
119 2 X 5/8 INCH W/STIFFENER, STEEL WRAP-A-ROUND TAP TEE 10 Each
120 2 X 3/4 INCH W/STIFFENER, STEEL WRAP-A-ROUND TAP TEE 10 Each
121 2 X 1 INCH W/STIFFENER, STEEL WRAP-A-ROUND TAP TEE 20 Each
Items 96-121: $0.00 Items 96-121:$0.00 Items 96-121:$0.00 Items 96-121:$0.00
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
122 3 BOLT COMP. COUPLING 2.500 TO 2.375 5 Each
123 3 BOLT COMP. COUPLING 2.375 TO 2.375 5 Each
124 3 BOLT COMP. COUPLING 2.500 TO 2.500 5 Each
125 3 BOLT COMP. COUPLING 2.875 TO 3.2 5 Each
126 4 BOLT COMP. COUPLING 4.500 TO 2.375 5 Each
127 4 BOLT COMP. COUPLING 4.500 TO 4.800 5 Each
128 4 BOLT COMP. COUPLING 4.500 TO 4.500 5 Each
129 4 BOLT COMP. COUPLING 4.500 TO 5.00 5 Each
130 6 BOLT COMP. COUPLING 6.75 TO 5.00 5 Each
131 6 BOLT COMP. COUPLING 8.625 5 Each
Items 122-131: $0.00 Items 122-131:$0.00 Items 122-131:$0.00 Items 122-131:$0.00
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
132 1 INCH 150 # WELD X WELD 1 Each
133 EXTERNAL COATED 2 INCH 150 # WELD X WELD 1 Each
134 3 INCH 150 # WELD X WELD 1 Each
135 4 INCH 150 # WELD X WELD 1 Each
136 6 INCH 150 # WELD X WELD 1 Each
137 8 INCH 150 # WELD X WELD 1 Each
Total Price Total PriceItem Description Unit Total Price Total Price
Total Price Total Price
Group 14: IN-LINE INSULATORS Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
Item Description Unit Total Price Total Price
Group 13: DRESSER STYLE COUPLINGS, STYLE 711 Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
CITY OF CLEARWATER ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/Fittings
DUE DATE: May 31, 2024; 10:00 AM
BID TABULATION -Exhibit C- Sustainability Fittings
Items 132-137: $0.00 Items 132-137:$0.00 Items 132-137:$0.00 Items 132-137:$0.00
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
138 TYPE E, 150 SIZE 2 INCH 300 Each
139 TYPE E, 150 SIZE 3 INCH 200 Each
140 TYPE E, 150 SIZE 4 INCH 150 Each
141 TYPE E, 150 SIZE 6 INCH 50 Each
142 TYPE E, 150 SIZE 8 INCH 20 Each
143 1 INCH NEOPREVE FLANGE GASKET 30 Each
144 2 INCH E NEOPRENE FLANGE GASKETS 300 Each
145 3 INCH E NEOPRENE FLANGE GASKETS 200 Each
146 4 INCH E NEOPRENE FLANGE GASKETS 100 Each
147 6 INCH E NEOPRENE FLANGE GASKETS 20 Each
148 8 INCH E NEOPRENE FLANGE GASKETS 20 Each
Items 138-148: $0.00 Items 138-148: $0.00 Items 138-148: $0.00 Items 138-148: $0.00
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
149 1 INCH IPS 10 Each
150 2 INCH IPS 20 Each
151 4 INCH IPS 10 Each
152 6 INCH IPS 20 Each
153 8 INCH IPS 10 Each
Items 149-153: $0.00 Items 149-153: $0.00 Items 149-153: $0.00 Items 149-153: $0.00
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
154 2 INCH WILLIAMSON TEE (LOW PRESSURE)25 Each
155 2 INCH WILLIAMSON TEE (HIGH PRESSURE)25 Each
156 3 INCH WILLIAMSON TEE (HIGH PRESSURE)12 Each
157 4 INCH WILLIAMSON TEE (HIGH PRESSURE)20 Each
158 6 INCH WILLIAMSON TEE (HIGH PRESSURE)10 Each
159 8 INCH WILLIAMSON TEE (HIGH PRESSURE)4 Each
160 2 INCH WILLIAMSON SHORT STOP 25 Each
161 3 INCH WILLIAMSON SHORT STOP 12 Each
162 4 INCH WILLIAMSON SHORT STOP 25 Each
163 6 INCH WILLIAMSON SHORT STOP 10 Each
164 8 INCH WILLIAMSON SHORT STOP 4 Each
165 2 INCH COMPLETION PLUG 10 Each
166 4 INCH COMPLETION PLUG 10 Each
167 6 INCH COMPLETION PLUG 10 Each
168 8 INCH COMPLETION PLUG 10 Each
Items 154-168: $0.00 Items 154-168:$0.00 Items 154-168:$0.00 Items 154-168:$0.00
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
Unit Total Price Total Price
Total Price Total Price
Group 18: VALVES (LUBE AND NON-LUBE)Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
Item Description Unit Total Price Total Price
Total Price Total PriceItem Description
Total Price Total Price
Group 17: T D WILLIAMSON Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
Item Description Unit Total Price Total Price
Total Price Total Price
Group 16: PIGS: FOAM PIPELINE CLEANERS Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
Item Description Unit Total Price Total Price
Group 15: NEOPRENE FACED PHENOLIC GASKET Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
CITY OF CLEARWATER ITB # 34-24, Polyethylene Pipe/Fittings Steel Pipe/Fittings
DUE DATE: May 31, 2024; 10:00 AM
BID TABULATION -Exhibit C- Sustainability Fittings
169 2 INCH NORDSTROM LUBE VALVES 5 Each
170 4 INCH NORDSTROM LUBE VALVES 5 Each
171 6 INCH NORDSTROM LUBE VALVES 5 Each
172 8 INCH NORDSTROM LUBE VALVES 5 Each
173 1 INCH BALON NON-LUBE VALVES 5 Each
174 2 INCH BALON NON-LUBE VALVES 5 Each
175 4 INCH BALON NON-LUBE VALVES 5 Each
176 6 INCH BALON NON-LUBE VALVES 5 Each
177 8 INCH BALON NON-LUBE VALVES 5 Each
Items 169-177: $0.00 Items 169-177:$0.00 Items 169-177:$0.00 Items 169-177:$0.00
Est.
Quantity Unit Price Unit Price Unit Price Unit Price
(UOM)(UOM) (UOM) (UOM) (UOM)
178 2 X 18 INCH CANUSA PL-55-10 SHRINK SLEEVES 5 Each
179 4 X 18 INCH CANUSA PL-115-18 5 Each
180 6 X 18 INCH CANUSA PL-170-18 5 Each
181 8 X 18 INCH SHRINK SLEEVES 5 Each
182 (SLIDS) SUPPORT CLAMPS 12 INCH X 8 INCH 1 Each
183 (SLIDS) SUPPORT CLAMPS 12 INCH X 6 INCH 1 Each
184 5/8 X 4 INCH ALL-THREAD STUDS (DEBORED)1200 Each
185 5/8 NUTS 2400 Each
186 3/4 X 4 INCH ALL-THREAD STUDS (DEBORED)100 Each
187 3/4 NUTS 200 Each
188
CATHODIC TEST STATIONS WITH CAST IRON RING, CAST IRON
LID WITH TERMINAL BLOCK 125 Each
189 3M DIRECT BURIAL SPLICE KITS 5000 Each
190 METER LUBE TOOL 15 Each
191 80-B LUBE 15 Each
192 CONTROL BAR O-RING 10 Each
193 2 INCH SHORT STOP GASKETS 10 Each
194 4 INCH SHORT STOP GASKETS 10 Each
195 6 INCH SHORT STOP GASKETS 10 Each
196 8 INCH SHORT STOP GASKETS 10 Each
197 2 INCH SHORT STOP STOPPERS 50 Each
198 4 INCH SHORT STOP STOPPERS 30 Each
199 6 INCH SHORT STOP STOPPERS 30 Each
200 8 INCH SHORT STOP STOPPERS 10 Each
201 STEEL PIPE SQUEEZE TOOL PS-62B 5 Each
202 4 X 2 INCH CASING END SEAL 20 Each
203 8 X 4 INCH CASING END SEAL 20 Each
204 12 X 6 INCH CASING END SEAL 10 Each
205 16 X 8 INCH CASING END SEAL 10 Each
Items 178-205: $0.00 Items 178-205:$0.00 Items 178-205:$0.00 Items 178-205:$0.00
Total PriceTotal Price Total Price Total PriceItem Description Unit
Group 19: MISCELLANEOUS PARTS Consolidated Pipe & Supply
Company Inc Devtech Sales, Inc.General Utility Pipe & Supply
LLC ISCO Industries, Inc.
1) 2) Devtech Sales, Inc
205 Hilltop Pkwy 118 South Lake Avenue
Birmingham, AL 35204 Avon Park, Florida 33825(407)293-2001 (863)453-5959
3) ISCO Industries, Inc 4) Southern Pipe & Supply
100 Witherspoon Street 2West dba General Utility Pipe & Supply LLC
Louisville, KY 40202 1880 Woodlands Industrial Drive
(800)633-7131 Trussville, Alabama 35173
(205)951-2118
5) Stuart C Irby Company, LLC
815 Irby Drive
Jackson, MS 39201
(407)282-1486
ADVERTISED: TAMPA BAY TIMES 5/8/2024
POSTED:myclearwater.com 04/30/2024 - 05/31/2024
Consolidated Pipe & Supply Company Inc
FOR THE CITY OF CLEARWATER
Due/Opening: May 31, 2024; 10:00 a.m.
INVITATION TO BID No. 34-24
POLYETHYLENE PIPE/FITTINGS & STEEL PIPE/FITTINGS
Solicitation Response Listing
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0721
Agenda Date: 7/15/2024 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 6.4
SUBJECT/RECOMMENDATION:
Authorize an increase to an existing purchase order with Pennoni Associates, Inc. of Clearwater, Florida,
for professional services in connection with providing GIS and engineering services for a mapping of the
Clearwater Municipal Cemetery, located at 1300 South Myrtle Avenue in the amount of $27,806.00 bringing
the total to $167,906.00 and authorize the appropriate officials to execute same.
SUMMARY:
On December 7, 2023, Council approved a purchase order to Pennoni Associates, Inc. in the amount of
$140,100.00 for GIS and engineering services for a mapping of the Clearwater Municipal Cemetery.
Services provided by Pennoni Associates, Inc. as outlined in the original scope of work included the
following tasks:
Task 1: Professional Consulting Services
Task 2: Survey Services
Task 3: Ground Penetrating Radar (GPR) Services
Task 4: GIS Data Collection and Mapping
Pennoni has completed collecting all the field data using ESRI’s Field Maps which give users the ability to
locate, inventory, plot locations and attributes. The geodatabase design will contain dropdowns and
additional standardization features, allowing for a reduction in human error and other potential issues that
can occur in the field. The data base will include date of inspection, section, row, type, Name, Date of
Birth, Date of Death, Epitaph, language, notes, and pictures.
Based on the preliminary investigation and mapping efforts, staff is requesting authorization to increase our
current purchase order with Pennoni by $27,806.00 to address the following two additional tasks that were
not included in the original work order bringing the total to $167,906.00.
1.Survey work needed to resolve the western boundary survey conditions, where block/plots extend
beyond the right of way line.
2.Review existing city historical plot books to scan each record and update the GIS with information
found in these records. The updates will focus on identification of (735) suspect burial locations that are
currently undesignated based on current survey.
The additional work for this project will take approximately 30 days to complete.
APPROPRIATION CODE AND AMOUNT:
Funds are available in M2210 Municipal Cemetery Improvements.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 7/9/2024
File Number: ID#24-0721
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.
·3.1: Support neighborhood identity through services and programs that empower community pride and
belonging.
·3.2: Preserve community livability through responsible development standards, proactive code
compliance, and targeted revitalization.
Page 2 City of Clearwater Printed on 7/9/2024
CHANGE TO SCOPE/SCHEDULE/FEE
www.pennoni.com LE08 02/2016
Date: 06.13.24
Pennoni Project #: CLWRC23005
Scope Change #: ADD1REV1 Funding & Plot Book
Project Title: Clearwater Municipal Cemetery Survey, GPR and GIS Study
Project Location: 1300 S Myrtle Ave Clearwater, FL 33756
Client Responsible Party: Matthew J. Anderson Assistant Director Parks & Recreation City of Clearwater
Client Address: 100 S. Myrtle Avenue Clearwater FL 33756
Client Phone: 727-580-0436 Fax: Email: matthew.anderson@myclearwater.
Description of Change(s):
Based on our meeting on 4/26/24 with J. Vincent Barnes III, and email received on June 13, 2024 from Craig Wilson, the
following services will be performed.
The review of the additional site survey information to resolve the western boundary survey conditions where blocks/
lots extend beyond the right of way line will be required. Collaboration will be required between Pennoni survey:
Additional Funding Scope:
• Review of historic plot maps
• Update of Pennoni site survey
• Update of GIS database
• Collaboration meeting with Clearwater Geographic Technology Manager
FEE: (73) hours x $192 for staff professional services = $14,016.
It is our understanding that cemetery record plot books are available that contain names, dates and age records for the
site. These records are available for each of the (16) plots. Pennoni will scan each of the records, review and update the
GIS with information in these records. The updates will focus on identification of (735) suspect burial locations that are
currently undesignated based on our current survey.
Plot Book Review Scope:
• Scanning of Records by Pennoni Sub LDI Printing $350.
• (70) hours x $192 for staff professional services to update of GIS Database $13,440.
Fee: $13,790.
Total Fee: $27,806
Revised Due Date: TBD
Original Contract Amount $ 140,100
Amount of Other Scope Changes $ 0
Amount of this Scope Change $ 27,806
New Contract Total $ 167,906
PAYMENT/FEES: TIME/MATERIALS UNIT RATE ATTACHED ESTIMATED FEE LUMP SUM
CHANGE TO SCOPE/SCHEDULE/FEE
www.pennoni.com LE08 02/2016
Services will be completed in accordance with the terms and conditions agreed upon in the original contract.
•This document serves as an addendum to the original contract.
•Please sign below and return to us. This will serve as our agreement and becomes effective immediately to
proceed with the change(s) described above.
06.13.24
Client Authorized Signature Date Pennoni Associates Signature Date
Jeffrey J. Salemme, PE / Associate Vice President
Client Name/Title (printed) Pennoni Associates Name/Title (printed)
Project No. CLWRC23005-REV1 October 5, 2023 Page 1
Clearwater Parks and Recreation Clearwater Municipal Cemetery Mapping
5755 Rio Vista Dr
Clearwater, FL 33760
T: 727-536-8772
www.pennoni.com
October 5, 2023
Matthew J. Anderson
Assistant Director
Parks and Recreation Department
City of Clearwater
100 Myrtle Avenue
Clearwater, FL 33756
RE: CITY OF CLEARWATER MUNICIPAL CEMETERY SITE
CEMETERY MAPPING
1300 S MYRTLE AVE, CLEARWATER, FL 33756
Dear Mr. Anderson:
Pennoni Associates Inc. (Pennoni) is pleased to submit this proposal to provide GIS and engineering services for
a mapping of the City of Clearwater Municipal Cemetery. It is our understanding that the City is requesting location
of all grave sites identified and a GIS geodatabase be provided to the City for staff to use for ongoing updates.
The Scope of Services anticipated for this project includes:
TASK 1 – PROFESSIONAL CONSULTING SERVICES
Meet with City of Clearwater stakeholders to discuss the mapping program and develop an approach. In general,
this task includes all calls, emails, meetings, invoicing and administrative tasks for implementation and setup of the
work. An onsite kickoff meeting will be held along with (2) virtual meetings per month with Client to review the
progress of the project and discuss findings. In-person meetings with Stakeholders will be made during as required
to discuss project specific findings and to review the final project submission.
TASK 2 – SURVEY SERVICES
In accordance with the Florida Standards of Practice for Land Surveys, Chapter 5J-17, Florida Administrative Code,
Pennoni Survey Department will provide professional surveying and mapping services necessary to provide survey
services to produce a CAD File of a plot map for the cemetery.
1. Survey the approximate horizontal location of the cemetery plots based on maps provided by the client.
2. Depict the cemetery plot maps in a Cad file. Due to the inaccuracies in the maps and field monumentation,
the Cad file will be an approximate representation of the plot plans provided.
3. Horizontally coordinate the survey to the Florida State Plane Coordinate System, North American Datum
1983, adjustment 2011 (NAD83/11).
4. It is estimated temporary 60-100 block markers to be placed at the corners during the survey.
5. Conduct site/parcel research, field coordination, and quality control measures as deemed necessary by
Pennoni in order to produce the survey.
6. Provide a digital CAD file of the survey from AutoCAD Civil 3D 2020, excluding title block and certifications.
7. Convert CAD file to geodatabase for inclusion in final deliverable.
Project No. CLWRC23005-REV1 October 5, 2023 Page 2
Clearwater Parks and Recreation Clearwater Municipal Cemetery Mapping
TASK 3 – GPR SERVICES
Ground Penetrating Radar (GPR) will be used to determine the location of all grave sites. Once the locations are
identified, flags will be placed in the four corners of each gravesite to identify the data collection point for Task 2.
Additionally, GPR can collect the individually location of crypts which is included as an optional fee in the proposal
fee below. GPR will be conducted in the winter because ground will be drier and less mowing will be happening,
therefore allowing the flags to remain in place longer.
High-density scan and documentation of three areas within the cemetery will also be conducted. The three areas
include smaller crypts and areas of burial associated with a scarlet fever outbreak.
TASK 4 – GIS DATA COLLECTION AND MAPPING
Pennoni GIS staff will create a field data collection application using ESRI’s Field Maps which will give users the
ability to locate, inventory, plot locations and attributes. All collection can be completed entirely on handheld
tablets or smart phones and will be tested prior to implementation by the ENGINEER to ensure complete
functionality.
The collection process will include visiting the locations identified by GPR and collect a GPS location of the top and
bottom of each identified anomaly as outlined in Task 3 and fill out any pertinent information about the headstone.
We will use a GPS unit which connects via Bluetooth to the mobile device providing centimeter accuracy on average.
Field staff will enter data in real time that will be immediately visible to staff in the ENGINEER’s offices to
understand overall project progress and provide support to field collectors as needed. Field staff will also use the
mobile app to collect notes and photos of headstones to provide as much information as possible within the
mapping application.
The following potential features and corresponding attributes are anticipated to be included in the GIS data
collection effort for the cemetery. The geodatabase design will contain dropdowns and additional standardization
features, allowing for a reduction in human error and other potential issues in the field.
Field Information to Collect
Cemetery
Name
Name of Cemetery
Date of
Inspection
Date Inspection was performed
Section Section of cemetery plot is within
Row Row plot is within
Type Document burial type based on GPR flag color (crypt, casket, etc)
Name Full name of the deceased (Last Name, First Name, Middle Name)
Date of Birth Date of birth of the deceased (MM/DD/YYYY)
Date of Death Date of death of the deceased (MM/DD/YYYY)
Epitaph Any epitaph visible on the headstone
Language Denote what language the stone is written in (specifically if non-English)
Notes Any notes regarding the headstone or gravesite, and any special circumstances
Pictures Images of each headstone and any other key information about the burial plot
Following data collection, staff will review the database and prepare it for delivery to the City of Clearwater. This
deliverable will be in the form of a ESRI file geodatabase that can be directly integrated into the City’s existing GIS
framework. Pennoni will ensure that all images and attribute information is correctly attached and input for each
headstone prior to delivery. The geodatabase can be modified in the future by the ENGINEER or City GIS staff for
further data collection or the addition of more attributes or attachments.
Project No. CLWRC23005-REV1 October 5, 2023 Page 3
Clearwater Parks and Recreation Clearwater Municipal Cemetery Mapping
FEES AND REIMBURSABLE EXPENSES
Our lump sum fee is One Hundred and Forty Thousand One Hundred Dollars ($141,100) and is derived as
follows:
Clearwater Municipality Cemetery
Task 1 Professional Consulting Services $ 21,500.00
Task 2 Site Survey for Updated Plot Map $ 27,000.00
Task 3 GPR Identification for Grave Sites (Exhibit A) $ 39,600.00
Task 4 GIS Data Collection (In Field) $ 40,000.00
GIS Mapping (In Office) $ 12,000.00
Total $140,100.00
SCHEDULE
We will start work after acceptance of this proposal. We will endeavor to meet your schedule for progress and final
submissions. The following preliminary schedule has been developed considering that site access will need to be
scheduled around onsite maintenance.
• Task 1 – 14 Weeks (Total Project Duration)
• Task 2 – 10 Days onsite
• Task 3 – 22 Field working days onsite
• Task 4 – 22 Field working days onsite, 10 days office processing data
If this task order proposal is acceptable in the current format, please sign below and return the original copy to us.
We will then await your Official Notice to Proceed prior to initiating work. Any additions or modifications to the
aforementioned scope of work would require a revised proposal.
ADDITIONAL SERVICES
In the event that additional services become necessary, Pennoni will provide a separate scope of services and fee
proposal to address the required services. Additional services can include, but are not limited to, the following items.
• Evaluation that is not specifically listed above.
• Exploratory demolition to expose hidden conditions.
• CAD drawings beyond what is described in scope of work.
• ALTA/NSPS Land Title Survey, Boundary & Topographic Survey.
• Any services not expressly stated in the Scope of Services herein.
REIMBURSABLE EXPENSES
Extraordinary expenses identifiable to the specific project will be billed in addition to the above stated fee. Overnight
mail are considered reimbursable expenses and will be billed accordingly. We do not bill for such items as small
amounts of in-house printing and normal mailing expenses.
BILLING AND PAYMENT
An invoice for professional services completed will be presented for payment on a monthly basis. Invoices are due
upon receipt. The Client acknowledges that the method of billing and payment has been discussed in detail, that
the terms agreed upon can only be changed by a written addendum agreed to by both parties, and that work may
be stopped until payment is made in accordance with the agreement.
Project No. CLWRC23005-REV1 October 5, 2023 Page 4
Clearwater Parks and Recreation Clearwater Municipal Cemetery Mapping
STATUTORY DISCLOSURE:
PURSUANT TO §558.0035, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR
AGENT OF PENNONI ASSOCIATES INC. CANNOT BE HELD INDIVIDUALLY LIABLE
FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE
COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES CONTRACT OR IN
ANTICIPATION OF, ARISING OUT OF OR RELATED TO THE PERFORMANCE OF
PROFESSIONAL SERVICES HEREUNDER.
TERMS AND CONDITIONS
Pennoni Associates Inc. General Terms and Conditions are attached hereto and are a part of this agreement. The
Client indicates by the execution of this proposal that they have reviewed and understand the General Terms and
Conditions.
This proposal is based on the scope as described by you and the clarifications noted above.
We appreciate the opportunity to submit this proposal and look forward to working with you.
Sincerely,
PENNONI ASSOCIATES INC.
E. Michael McCarthy, PE SI
Vice President
Vince Barnes III, PE SI-Limited
Forensics Division Manager
THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND
SHIPPING PAPERS.
Purchase
Order #
Purchase Order is subject to standardTermsand Conditions posted atwww.myclearwater.com/purchaseorder-TandC
BILL
TO
Purchase Order
VENDOR
SHIP
TO
Vendor Email Delivery Contact
Date Ordered Date Required Contract Number Department/Location
Vendor No.
Payment Terms
Item#Description/PartNo QTY UOM Unit Price Extended Price
By:Procurement Manager
Page 1 of 1
24000334PARKS& RECREATION - ADMIN100 S MYRTLE AVE1ST FLOORCLEARWATER, FL 33756Phone: 727-562-4800
PENNONI ASSOCIATES INC
1900 MARKET STSTE 300PHILADELPHIA, PA 19103Fax: 727-538-9125
PARKS & RECREATION - ADMIN
100 S MYRTLE AVE1ST FLOORCLEARWATER, FL 33756
Phone: 727-562-4800
12/21/2023 PKS & REC
102933
30
>FOB DESTINATION unless otherwise indicated>DISCOUNT (if shown) reflects payment terms
1 EA1.0 $21,500.00$21,500.00CLEARWATERMUNICIPAL CEMETERY MAPPING PROJECTTASK 1: PROFESSIONAL CONSULTING SERVICES
2 EA1.0 $27,000.00$27,000.00TASK 2: SITE SURVEY FOR UPDATED PLOT MAP
3 EA1.0 $39,600.00$39,600.00TASK 3: GPR IDENTIFICATION FOR GRAVE SITES
4 EA1.0 $40,000.00$40,000.00TASK 4A: GIS DATA COLLECTION
5 EA1.0 $12,000.00$12,000.00TASK 4B: GIS MAPPING
SITE ADDRESS:CLEARWATER CEMETERY1300 S MYRTLE AVECLEARWATER, FL 33756
Total Ext. Price $140,100.00PO TOTAL $140,100.00
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0722
Agenda Date: 7/15/2024 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 6.5
SUBJECT/RECOMMENDATION:
Approve an increase to existing purchase order with Pennoni Associates, Inc. of Clearwater, FL for
professional services in connection with the repairs of Pier 60 in the amount of $28,350.00 bringing the
total to $127,850.00 and authorize the appropriate officials to execute same.
SUMMARY:
Pier 60 and the Pier 60 bait shop are approximately 29 years old. Between August 29 and August 31,
2023, the structure sustained damage from Hurricane Idalia. The City hired Pennoni Associates Inc
(Pennoni) to perform a structural assessment, identify and document the damage, and provide repair
recommendations for a fee of $35,500.00.
Temporary repairs recommended by Pennoni were made to the pier by the City of Clearwater and the Pier
was reopened on September 22, 2023. Pennoni issued a draft report to the City in October 2023 which
identified damaged joints, pile caps, access decking and timber piles, some of which were a result of
Hurricane Idalia and some of which are maintenance items, that needed to be repaired.
On December 7, 2023, the City Council authorized a purchase order to Pennoni to provide engineering
services to develop construction documents and structural plans to make the necessary repairs to Pier 60
including the replacement of the Bait House catwalk which was damaged by Hurricane Idalia in the amount
of $99,500.00 (the actual work order was for $99,550.00, a difference of $50.00). As the consultants began
their design work on the catwalk repairs it was discovered that the original work related to the construction
of the catwalk was never permitted with the appropriate state environmental agencies at the time of
construction.
The additional work needed to permit the Bait House catwalk will include a land lease survey, State of
Florida permitting application and meeting with State officials. The cost for this additional work will
increase existing purchase order by $28,300.00 for additional work (+) $50.00 from original work order
bringing the total to $127,850.00.
APPROPRIATION CODE AND AMOUNT:
Funding available in 181-D2302 Hurricane Idalia.
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.
Page 1 City of Clearwater Printed on 7/9/2024
CHANGE TO SCOPE/SCHEDULE/FEE
www.pennoni.com LE08 02/2016
Date: 5/7/24
Pennoni Project #: CLWRC23016
Scope Change #: ADD1 Rev 1 Bait House Catwalk
Project Title: Pier 60 Idalia Repairs
Project Location: 502 W Highland Blvd, Inverness, FL 34452
Client Responsible Party: Matthew J. Anderson Assistant Director Parks & Recreation City of Clearwater
Client Address: 100 S. Myrtle Avenue Clearwater FL 24667
Client Phone: 727-580-0436 Fax: Email: matthew.anderson@myclearwater.
Description of Change(s):
Based on our discussion on 4/24/24 with J. Vincent Barnes III, PE and Craig Wilson Parks Senior Division Manager,
we discussed that the project documents would be separated in to (3) phases for permitting, the Bait House Catwalk
Expansion and Lease Modification will require a Land Lease Survey and additional state permitting identified by Pennoni
subconsultant Foster Consulting:
Task Pennoni Foster Consulting
Phase I – Major Repairs to Pier Deck CDs and CA Included in Base Bid Scope Included in Base Bid Scope
Phase II – Replacement of Bait House Catwalk,
Submerged Land Lease coordination with
DEP/Division of State Lands
• Land Lease survey coordination
• State (BIPP) Permitting application and
submission
• Responses for up to (l) one Requests for
Additional Information (RAI) from the
State Agency
• Phase II Permit Plans and Specifications
$2,500 CDs and Specs
$1,500 Permitting
CA Included
$1,500 CDs and Specs
$8,500 Land Lease Survey
and Permitting
CA Included
Phase III – Miscellaneous Repairs to Canopies
• Permit Plans and Specifications
• Construction Administration
$2,500 CDs and Specs
$1,800 (2) additional site
visits during construction
None
Phase IV – Miscellaneous contract and project
coordination including FDEP and Local
requirements that may arise during permit and
submerge land lease review process.
$5,000 $5,000
Total Fee $13,300 $15,000
CHANGE TO SCOPE/SCHEDULE/FEE
www.pennoni.com LE08 02/2016
Revised Due Date: TBD
Original Contract Amount $ 99,550
Amount of Other Scope Changes $ 0
Amount of this Scope Change $ 28,300
New Contract Total $ 127,850
PAYMENT/FEES: TIME/MATERIALS UNIT RATE ATTACHED ESTIMATED FEE LUMP SUM
Services will be completed in accordance with the terms and conditions agreed upon in the original contract.
•This document serves as an addendum to the original contract.
•Please sign below and return to us. This will serve as our agreement and becomes effective immediately to
proceed with the change(s) described above.
5/7/24
Client Authorized Signature Date Pennoni Associates Signature Date
Jeffrey J. Salemme, PE / Associate Vice President
Client Name/Title (printed) Pennoni Associates Name/Title (printed)
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0705
Agenda Date: 7/15/2024 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Public Works
Agenda Number: 6.6
SUBJECT/RECOMMENDATION:
Approve purchase orders to O’Neils LLC, of Ozona, FL, Pete and Ron’s Tree Service Inc., of Tampa, FL,
and TreesForYou.com Inc, of Belleair Beach, FL, for citywide tree care services, on a unit price basis, in
the cumulative annual not-to-exceed amount of $700,000.00 with two, one-year renewal options pursuant
to Invitation to Bid (ITB) 26-24, Tree Care Services and authorize the appropriate officials to execute same.
SUMMARY:
Invitation to Bid 26-24, Tree Care Services, was issued on March 29, 2024, with submissions received on
May 2, 2024. The Public Works and Parks & Recreation Departments evaluated each submission and
determined that the three noted companies, O’Neils Tree Service, Pete & Ron’s Tree Service and
TreesForYou.com Inc., are the lowest most responsible bidders in accordance with the ITB specifications
providing as-needed tree care services.
The City's internal arborist teams regularly conduct scheduled tree maintenance and address concerns by
trimming tree limbs obstructing street signs, traffic signs, sidewalks, and roads. This contract aims to
complement the efforts of the City's Urban Forestry Division, which will oversee contractual services
citywide, excluding those managed by the Parks & Recreation department in city parks and green spaces.
The Public Works and Parks & Recreation Departments recommend awards for these services as follows:
Category 1: All-inclusive Tree/Palm removal of trees and stumps
Ø Pete & Ron’s Tree Service Inc of Tampa, Florida: PRIMARY
Ø O’Neils LLC d/b/a O’Neils Tree Service of Palm Harbor, Florida: SECONDARY
Category 2: All-Inclusive Stump Removal Only
Ø TreesForYou.com Inc of Clearwater, Florida: PRIMARY
Ø O’Neils LLC d/b/a O’Neils Tree Service of Palm Harbor, Florida: SECONDARY
Ø Pete & Ron’s Tree Service Inc of Tampa, Florida: TERTIARY
Category 3: All-inclusive Pruning Services
Ø Pete & Ron’s Tree Service Inc of Tampa, Florida: PRIMARY
Ø TreesForYou.com Inc of Clearwater, Florida: SECONDARY
Ø O’Neils LLC d/b/a O’Neils Tree Service of Palm Harbor, Florida: TERTIARY
Category 4: All-inclusive Invasive Plant Species
Ø Pete & Ron’s Tree Service Inc of Tampa, Florida: PRIMARY
Ø O’Neils LLC d/b/a O’Neils Tree Service of Palm Harbor, Florida: SECONDARY
Ø TreesForYou.com Inc of Clearwater, Florida: TERTIARY
This contract will be used for tree care services including but not limited to tree/palm removal, stump
removal, pruning, and invasive species removal from city facilities such as but not limited to city owned
parcels, parks and recreational facilities, public utilities facilities, public rights of ways, easements, and
open spaces as needed.
Page 1 City of Clearwater Printed on 7/9/2024
File Number: ID#24-0705
This award is being made to multiple vendors to ensure service continuity. In instances where immediate
availability is crucial, flexibility to seek services from the vendors listed above as a secondary and tertiary
option is requested.
Council approval is sought for a cumulative annual not-to-exceed amount of $700,000.00 with an option for
two one-year renewals bringing the total not to exceed amount for all three years to $2,100,000.00. Prices
are based on a unit price, which includes provisions for additional requested work, annual contract price
adjustments, and other contractual management necessities. This funding encompasses contributions
from Public Works, Parks & Recreation, Public Utilities, and other various city department budgets.
APPROPRIATION CODE AND AMOUNT:
Funding for these contracts is available in Fiscal Year 2023/2024 departmental budgets in various
operating and capital codes and funding for future years will be requested in the annual budget process.
STRATEGIC PRIORITY:
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.1.4: Foster safe and healthy
communities in Clearwater through first class public safety and emergency response services.
Page 2 City of Clearwater Printed on 7/9/2024
Item Description Unit of
Measure Unit Price Unit Price Unit Price Unit Price
1-1 A 1 - 6 inch diameter tree at DBH EA $98.00 $95.00 $650.00 $95.00
1-2 A 6-11 inch diameter tree at DBH EA $247.00 $145.00 $1,150.00 $250.00
1-3 A 12-17 inch diameter tree at DBH EA $512.00 $495.00 $1,550.00 $675.00
1-4 A 18-23 inch diameter tree at DBH EA $772.00 $825.00 $2,350.00 $1,450.00
1-5 A 24-35 inch diameter tree at DBH EA $1,461.00 $1,895.00 $3,150.00 $2,500.00
1-6 A 36-49 inch diameter tree at DBH EA $1,640.00 $2,550.00 $3,950.00 $3,900.00
1-7 A 50-59 inch diameter tree at DBH EA $2,189.00 $3,150.00 $4,950.00 $4,300.00
1-8 A 60+ inch diameter tree at DBH EA $2,880.00 $500.00 $5,950.00 $6,700.00
$9,799.00 $9,655.00 $23,700.00 $19,870.00
Item Description Unit of
Measure Unit Price Unit Price Unit Price Unit Price
1-1 B 3 - 12 feet CT EA $130.00 $150.00 $750.00 $95.00
1-2 B 13 - 20 feet CT EA $195.00 $225.00 $999.00 $150.00
1-3 B 21 - 30 feet CT EA $390.00 $325.00 $1,250.00 $250.00
1-4 B 31 - 40 feet CT EA $390.00 $325.00 $1,750.00 $375.00
1-5 B 41 - 50 feet CT EA $390.00 $350.00 $2,050.00 $500.00
1-6 B 51 - 60+ feet CT EA $455.00 $350.00 $2,500.00 $600.00
$1,950.00 $1,725.00 $9,299.00 $1,970.00
Item Description Unit of
Measure Unit Price Unit Price Unit Price Unit Price
2-1 Stump Removal 2-12" diameter IN $85.00 /range $12.50 /in $350.00 $50.00 /range
2-1 Stump Removal 13-24" diameter IN $185.00 /range $13.50 /in $450.00 $200.00 /range
PALM AND STUMP REMOVAL
O'Neils LLC
d/b/a O'Neils Tree
Services
Pete & Ron's Tree
Service
Tip Top Tree
Experts LLC TreesForYou.com Inc
Total Bid for Category 1A:
TREE AND STUMP REMOVAL
Total Bid for Category 1B:
CATEGORY 2: ALL-INCLUSIVE PRICING STUMP REMOVAL ONLY
STUMP REMOVAL
CITY OF CLEARWATER
ITB # 26-24, TREE CARE SERVICES
DUE DATE: MAY 2, 2024; 10:00 AM
BID TABULATION
CATEGORY 1: ALL-INCLUSIVE PRICING FOR TREE/PALM STUMP
REMOVAL
2-1 Stump Removal 25-48" diameter IN $400.00 /range $16.00 / in $650.00 $400.00 /range
2-1 Stump Removal over 48" diameter IN $600.00 /range $17.00 / in $950.00 $500.00 /range
$1,270.00 $59.00 $2,400.00 $1,150.00
Item Description Unit of
Measure Unit Price Unit Price Unit Price Unit Price
3-1 A Pruning 11-20 ft canopy width EA $250.00 $140.00 $600.00 $175.00
3-2 A Pruning 21-30 ft canopy width EA $450.00 $210.00 $950.00 $275.00
3-3 A Pruning 31-40 ft canopy width EA $450.00 $280.00 $1,450.00 $375.00
3-4 A Pruning 41-55+ ft canopy width EA $450.00 $350.00 $1,950.00 $500.00
3-1 B Raising 11-20 ft canopy width EA $162.50 $95.00 $500.00 $200.00
3-2 B Raising 21-30 ft canopy width EA $270.00 $145.00 $750.00 $275.00
3-3 B Raising 31-40 ft canopy width EA $290.00 $195.00 $1,200.00 $300.00
3-4 B Raising 41-55+ ft canopy width EA $162.50 $245.00 $1,500.00 $400.00
3-1 C Trimming 0 -6 inches EA $50.00 $25.00 $350.00 $35.00
3-2 C Trimming 7 - 12 inches EA $100.00 $50.00 $550.00 $70.00
3-3 C Trimming 13 - 18 inches EA $125.00 $140.00 $999.00 $80.00
3-4 C Trimming 19 - 24 inches EA $250.00 $175.00 $1,200.00 $90.00
3-5 C Trimming 25 - 30 inches EA $125.00 $210.00 $1,550.00 $100.00
3-6 C Trimming 31 - 36 inches EA $125.00 $250.00 $1,800.00 $120.00
3-7 C Trimming 37 - 42 inches EA $125.00 $290.00 $1,900.00 $150.00
3-8 C Trimming 43+ inches EA $125.00 $290.00 $2,000.00 $200.00
$3,510.00 $3,090.00 $19,249.00 $3,345.00
Item Description Unit of
Measure Unit Price Unit Price Unit Price Unit Price
4-1 Cost per treatment (average stump size 0 - 15")EA $50.00 $35.00 $200.00 $100.00
4-1 Cost per treatment (average stump size 15"+)EA $75.00 $55.00 $350.00 $150.00
$125.00 $90.00 $550.00 $250.00
Total Bid for Category 2:
CATEGORY 3: ALL-INCLUSIVE PRICING FOR PRUNING SERVICES
(TREE PRUNING, CANOPY CROWN RAISING "LIFTING" AND TREE LIMB
TRIMMING)
Total Bid for Category 3:
Total Bid for Category 4:
CREW AND EQUIPMENT
CATEGORY 4: ALL-INCLUSIVE PRICING INVASIVE PLANT SPECIES
INVASIVE PLANT SPECIES TREATMENT
MISCELLANEOUS HOURLY RATES
*Rates used as-needed, case by case basis and will not be a basis of
the award.
Item Description Unit of
Measure Unit Price Unit Price Unit Price Unit Price
1 Crew Leader HR $250.00 $65.00 $85.00 $30.00
2 Grounds Person HR $175.00 $45.00 $65.00 $20.00
3 Tree Climber HR $250.00 $65.00 $90.00 $25.00
5 Aerial Lift (Bucket Truck) with Operator HR $250.00 $105.00 $350.00 $25.00
6 Chipper Truck, Chipper with Operator HR $250.00 $85.00 $325.00 $20.00
Items with a star ( ) indicates intent to award.
v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4630
INVITATION TO BID #26-24 Tree Care Services
March 29, 2024
NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, May 2, 2024, to provide Tree Care Services.
Brief Description: The City of Clearwater is seeking to establish a term contract from a qualified Vendor for routine tree care services to include but no limited to, tree/palm removal, stump removal, pruning, and invasive plant removal from City’s parks, public grounds, public rights-of-ways and open spaces.
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: Kelly Rogers Procurement Analyst Kelly.Rogers@myclearwater.com
This Invitation to Bid is issued by:
Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com
INSTRUCTIONS
Tree Care Services 2 ITB #26-24
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: May 2, 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
INSTRUCTIONS
Tree Care Services 3 ITB #26-24
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
Tree Care Services 4 ITB #26-24
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
Tree Care Services 5 ITB #26-24
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
Tree Care Services 6 ITB #26-24
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: March 29, 2024 Advertise Tampa Bay Times: April 3, 2024 Bids due: May 2, 2024
Review bids: May 2 – 14, 2024 Award recommendation: May 14, 2024 Council authorization: June 2024 Contract begins: June 2024
STANDARD TERMS AND CONDITIONS
Tree Care Services 7 ITB #26-24
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
Tree Care Services 8 ITB #26-24
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
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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.
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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.
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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 SERVICES. The City is accepting bids to establish a term contract for routine tree
care services for municipal trees to include but not limited to tree and stump removal, stump grinding, and pruning services located throughout the City’s parklands, public grounds, public rights-of-ways, and open spaces. Services will be performed on an as-needed basis. Four (4) categories have been established: Tree/Palm and Stump Removal (Category 1), Stump Removal Only (Category 2), Pruning Procedures (Category 3), and Invasive Plant Species (Category 4).
CATEGORY 1 – TREE/PALM AND STUMP REMOVAL PROCEDURES Tree removal includes:
Cutting down the tree,
Removal of all tree debris from site,
Grinding the stump to eight (8) inches below the surrounding existing grade to include all visible surface roots to a depth of up to twenty (20) inches or as directed by the City.
Removing the stump grindings where site tree removal meets surrounding grade, and the area shall be raked and swept clean.
At times, the City may request stump grindings to be replaced with topsoil, regraded to meet surrounding grade, and sodded.
• The listing of the tree sizes has been rounded up or down to the nearest one (1) full inch. For example: A. 12.49-inch at tree DBH will be considered as a 12-inch diameter tree.
B. 12.50-inch at tree DBH will be considered as a 13-inch diameter tree.
The diameter breast height (DBH) is the measurement of the tree's trunk diameter measured at four and a half (4.5) feet above the grade. If there is a fork at or below four and a half (4.5)
feet, measure the trunks narrowest point below the fork. If the tree is multi stemmed from the root collar, measure each stem at the DBH and total the trunk diameters to the nearest full inch.
The palm size is measured by the height of the clear trunk (CT).
• Where there is a multi-trunked tree that is branching from the main trunk or the root system below DBH, each trunk is to be considered a separate tree. If the tree is considered a multi-trunk, the stump shall be measured at the point that the split occurs.
• The tree stumps of all trees removed shall be removed by stump grinding eight (8) inches below the surrounding existing grade to include all visible surface roots to a depth of up to twenty (20) inches or as directed by the City.
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• The Vendor shall be required to remove stump ground materials to allow for a six (6) inch hump, unless otherwise approved by the City.
• Stumps shall be ground within two (2) weeks of tree being removed and debris from stumps shall be removed and backfilled within the same day.
• In the event tree disease and/or insect infested wood requires special handling or disposal, the Vendor shall dispose of the wood in a manner that prevents further contamination.
• Once tree removal has begun, the Vendor shall have three (3) business days to remove the entire tree, unless previous arrangements have been made with the City. CATEGORY 2 – STUMP REMOVAL ONLY PROCEDURES
• Contractor shall remove the stump, root flare, surface roots, and all associated debris to a depth of eight (8) inches below grade.
• Stumps or holes that will pose an immediate and considerable hazard to pedestrians or vehicles shall be adequately barricaded with appropriate warning devices.
• All excavated stumping holes shall be filled the day they are excavated. No excavated
stumping holes shall be left open after the workday is complete.
• Fill stump hole, tamping down soil and continuing to add soil as per approved by the City.
• Prevent damage to any surrounding structures, sidewalks, pavements, or amenities.
• Stump measurements shall be based on the diameter in inches of the stump measured just above the trunk flare.
CATEGORY 3 – PRUNING PROCEDURES
• Pruning activities should remove no more living material than is necessary to achieve the tree pruning objectives outlined in these specifications.
• Trees shall be pruned to remove all dead, diseased, broken and crossing branches that are three (3) inches in diameter in a park or larger and two (2) inches in diameter or larger in Right of Ways or pedestrian paths.
• In raising lower branches for clearance, care should be given to symmetrical appearance and cuts shall not be made so large that it will prevent normal sap flow. Trim to allow for several years growth before smaller secondary and tertiary limbs will be below the required clearance height. Raise lower scaffold branches. The following guidelines shall be followed.
For a minimum of twelve (12) feet of clearance to the ground under the dripline from
the street curb to residence.
Raise lower scaffold branches for a minimum of sixteen (16) feet of clearance to the ground under the dripline over the street.
On occasion, the City may request different heights based on the need.
• Trees shall be pruned to provide clear, unobstructed views of street signs, streetlights, traffic signs and traffic signals from five hundred (500) feet from the intersection signal or sign.
• Remove old stubs leaving the branch collar intact.
• No hangers shall be left in tree after trimming is complete.
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• For young and medium trees (1-20” inches DBH) prune to develop/improve tree structure. The following guidelines shall be followed.
Develop dominate leader(s) and scaffold branches appropriate for the species and the site while maintaining the tree’s natural shape.
Subordinate or remove competing leader, branches or shoots (subordination is preferred over removal) while maintaining the tree’s natural shape.
Subordinate or remove branches that have poor branch angles, including branches with included bark.
Remove suckers and stump sprouts.
No more than thirty percent (30%) of the living branches shall be removed per calendar year.
• To allow for proper wound closure to occur, all cuts shall be made sufficiently close to the trunk or parent limb without cutting into the branch bark ridge or branch collar (reference Figure A below) or leaving a protruding stub. Clean cuts shall be made at all times.
• Branches shall be pre-cut when necessary to prevent splitting or peeling of the bark (reference
Figure B below).
• All necessary precautions shall be taken to prevent unnecessary damage to the remaining tree.
• To avoid unnecessarily large cuts, limbs that are greater than one-third (1/3) the diameter of the trunk shall not be removed unless directed by the City.
• For diseased trees, tools shall be sterilized between pruning cuts, to avoid spreading disease to unaffected branches.
(Figure A)
(Figure B)
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CATEGORY 4 – INVASIVE PLANT SPECIES
• Invasive plant species shall be controlled by cutting the stem and treating the stumps with
herbicide.
• Herbicide Application to Cut-Stump Method shall be followed:
A saw shall be used to cut the trunk as close to the ground as possible. Within five (5) minutes,
a herbicide that contains the active ingredient triclopyr shall be applied as carefully as possible
to the thin layer of living tissue, called the cambium, which is just inside the bark of the stump
(reference Figure C).
(Figure C) 3. REGULATIONS:
• All work shall be performed in accordance with the standards defined in American National Standards Institute (ANSI) Safety Standard Z133, Safety Requirements for Arboricultural Operations and in accordance with the current Occupational Safety and Health Administration (OSHA) requirements for Florida.
• All tree removal and pruning services shall be performed by or under the direct supervision of an International Society of Arboriculture (ISA) Certified Arborist. The Arborist is not required to be on site during stump grinding and cleanup activities. Bidders shall have at least one (1) certified arborist on staff at time of bid and for the duration of the contract term.
• Pruning work shall be in accordance with ANSI A300 pruning standards and the International Society of Arboriculture’s Tree Pruning Best Management Practices.
4. SERVICE REQUIREMENTS:
• Vendor shall provide all required labor, materials, tools, equipment, vehicles, transportation, insurance, and supervision to perform all related services to include but not limited to tree removal, pruning and stump removal services.
• Vendor shall have in their possession or available to them trucks, devices, chippers, stump grinders, hand tools and other equipment and supplies which shall be able to access any areas
that present a diverse range of accessibility situations and are necessary to perform the services as outlined in these specifications.
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• The Vendor shall be required to submit a written work order to the City for approval prior to the start of any job.
• No work shall be performed without the prior approval of the City. Without the prior approval by the City, the Vendor may not be compensated.
• Vendor should expect that it might be necessary to climb trees to perform the tree removal for this specification. Extreme care shall be taken to prevent limbs, branches, and trunks from falling and creating damage to adjacent homes, driveways, sidewalks, streets, and other property, both public and private.
• Limbs and branches larger than four (4) inches in diameter shall be lowered to the ground using ropes or other mechanical device(s).
• Vendor shall communicate any delays in work or difficulties to the City representative
designated to the job.
5. WORK PROCEDURES:
• Services shall be performed on a per job basis.
• The City may request a written estimate, based on the contract prices, for a particular scope of work. Plans and specifications may accompany the request and the estimate shall conform to them. There shall be no charge for job site inspections, assessments and/or written estimates.
• The Vendor shall complete the necessary site visit and preparation requirements for each work
site, including, but not limited to:
Temporary Traffic Control (TCC) Requirements
Coordinate all required utility locates for stump removal services
• As part of the site visit, the Vendor shall physically observe the tree/stump to be removed, and mark on the ground with white paint the perimeter of work for the tree/stump removal.
• After the written estimate is accepted, verification that site preparation has been completed and approval from the City has been issued to the Vendor, the work may be scheduled. No work shall be performed without the prior approval of the City. Without prior approval by the City, the Vendor may not be compensated.
• Vendor shall communicate their work schedule to the City as required. At any given time, the City may inspect the work in progress.
• The Vendor shall meet with the City, as required, for a complete inspection of the project and status.
• Vendor may be required to take before and after photographs of job locations.
• Vendor shall repair any tracks, ruts, or divots with grass sod to match existing turf. If ruts or divots are not repaired at the time of the removal, Vendor shall be required to return to the site and repair the area to its original condition.
• Vendor shall assist the City in reporting vandalism, graffiti, and/or damage on public and private property in need of repair/refurbishing (i.e. traffic or directory signs, structures, site furnishings, monuments, fences, lighting, utilities, and paving).
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• Vendor shall be responsive to special conditions or unexpected problems that may occur during the contract. The City expects the full cooperation and prompt response by the Vendor. 6. PERSONNEL REQUIREMENTS:
• Vendor shall provide licensed and insured technicians to perform all work as required by Local,
State, and/or Federal Regulations. Personnel shall have knowledge, experience, and demonstrated ability to perform the work and safely operate all equipment normally used to
perform the services described in this bid.
• The Vendor shall supply competent and capable employees and provide appropriate supervision to the work. All personnel shall be skilled in the field in which they work; unskilled laborers are not permitted to perform any work for the City.
• Vendor shall have “on-site” supervisor fully conversant in the safety procedures to be followed in case of injury and/or accident. On-site supervisor shall have the ability to read and speak in the English language.
• Vendor shall conduct a safety briefing with employees each day prior to beginning any operations specified with this contract. Safety practices shall be in conformance with applicable Local, State and Federal regulations.
• All work crews shall be required to wear company issued uniform with identification, use appropriate Personal Protection Equipment (PPE), meet ANSI Z133 standards, abide by any and all company and Occupational Safety and Health Act (OSHA) safety standards, and
behave in a well-mannered, orderly fashion while performing work on behalf of the City.
• The Vendor shall keep an up-to-date list (name and position) of employees it has assigned to provide the services under this contract to the City. A current list of employees with position shall be included with their bid submittal and upon request during the contract term. 7. TOOLS / EQUIPMENT / VEHICLES
• All tools, equipment and vehicles shall be in optimum operating conditions, free from oil and fluid leaks and properly maintained for safety of City residents, City personnel and Vendor personnel.
• The Vendor shall include a list of equipment to be used in the performance of this contract
with their bid submittal. Such equipment shall be available for inspection by the City, prior to award of the contract, and at any time during the contract term.
• Vendor shall have proper safety devices maintained at all times while tools, equipment and vehicles are in use. The proper tools and equipment shall be brought to each site to ensure that the work can be accomplished safely and professionally. If the tools or equipment do not contain proper safety devices and/or is being operated in an unsafe manner, the City shall
direct the vendor to remove such tools or equipment and/or the operator until the deficiency is corrected to the satisfaction of the City. The Vendor shall be responsible for injury to persons caused by the negligent operation of the tools or equipment.
• Tools, equipment, or work practice that damage bark or cambium shall be avoided.
• Climbing spikes shall not be used when climbing trees, except to climb a tree to be removed or to perform an aerial rescue of an injured worker.
• All equipment shall be of commercial quality, size, and type suitable for the operations specified in this contract.
DETAILED SPECIFICATIONS
Tree Care Services 21 ITB #26-24
• Tools, equipment, and vehicles shall not be left unsecured at any time. All tools, equipment and vehicles shall be stored in such a manner to ensure that the public do not have access to them.
• All vehicles used in the execution of this contract shall have the company and/or logo and telephone number prominently displayed on both sides of the vehicle and be clean, maintained and painted to present a neat, professional appearance and be free of any leaky fluids.
• All cabbed equipment shall be equipped with a Roll-over Protection System (ROPS). 8. DEBRIS REMOVAL:
• Vendor shall be responsible to remove and dispose, in a proper and acceptable manner, all logs, brush, trees and debris resulting from the pruning or removal services each day before the work crew leaves the site.
• Work site shall be left in a clean and neat appearance at the end of each workday, and prior to moving to another work site.
• All lawn areas shall be raked, all streets and sidewalks shall be swept or blown clean.
• Under no circumstances shall trash or debris be swept or disposed of into the streets, catch basins, drainpipes, storm sewer drains, open culverts, or into storm sewer systems.
• Vendor shall at all times keep the premises clean from accumulation of waste materials or rubbish caused by employees or work.
• Work areas are to be left in a condition to match the surrounding areas.
• Extraordinary amounts of debris caused by hurricanes, tornados, vandalism, special events, or roadside dumping shall not be the responsibility of the Vendor. The Vendor shall report such accumulations of debris to the City when encountered. 9. SERVICE HOURS:
• Services shall be performed between the hours of 7:00 AM to 7:00 PM, Local, Monday through Friday, with the following exceptions:
Major City Arterial Streets, including State Roads and County Roads: Work permitted
between the hours of 9:00 AM – 3:00 PM, to include establishing the TTC for the project.
Right of ways, within 1000 feet of schools: No work is permitted during the hours when children are arriving or leaving school properties (beginning or ending of school days).
• Vendor shall contact the City to obtain permission to perform services on Saturdays and shall observe the same hours as listed above. No routine work shall be performed on Sundays. On occasion, the City may request work to be performed on weekends (Saturday and Sunday). 10. TRAFFIC CONTROL AND PEDESTRIAN SAFETY:
• The Vendor shall fully acquaint and comply with TTC safety requirements. If required, the TTC plan shall be submitted and approved by the City prior to partial lane closure and commencement of the work. All necessary lane closures shall be approved by the City’s Traffic
DETAILED SPECIFICATIONS
Tree Care Services 22 ITB #26-24
Operations Division and Parking Division a minimum of forty-eight (48) hours in advance of scheduled operations. 727-562-4750
• The Vendor shall coordinate maintenance operations in certain high pedestrian use areas and peak time periods with the City. The spring tourist season (March 1-May 1) is generally not an acceptable time to close traffic lanes for maintenance and shall be handled on a case-by-case basis. The City reserves the right to limit the hours of operation in certain high pedestrian
use areas.
• Any and all proposed traffic control shall conform to the current edition of the Manual on Uniform Traffic Control Devices (MUTCD), the Florida Department of Transportation Roadway and Traffic Design Standards, (600 Series) and the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction.
• For work to be completed within the rights-of-way, the Vendor shall be responsible for all TTC per FDOT specifications and shall have a TTC certified individual on site while work is being
performed. It is preferred that the Vendor have a TTC certified individual on staff, however, with prior City approval a pre-approved agency may be used for these services at Vendor’s
expense. This must be indicated with Bid Submittal.
• TTC services shall be provided by the Vendor for the duration of the contract and shall be included in unit pricing.
• The Vendor shall position advance-warning signs as appropriate for the existing work conditions.
• The Vendor shall provide a crew responsible to construct, relocate, and maintain all traffic control devices, to cover, add or remove signs as needed, and do all work necessary to
maintain a safe work zone.
• Two-way traffic shall always be maintained through intersections and roadways. Closure is not permitted. 11. ELECTRICAL HAZARDS / UTILITIES:
• Vendor shall be aware of primary power lines, working around trees within these locations, and shall understand the ten-foot (10-foot) clearance requirement.
• The Vendor shall coordinate with the utility company for their assistance as required in the
removal of all necessary limbs and branches which may conflict with or create a personal injury hazard in conducting the services of this agreement.
• Vendor shall be responsible for contacting the appropriate utility company (Call 811) three (3) days prior to tree/stump removal to obtain the location of any underground electric services in the work area and which could be damaged by Vendor’s services.
• Vendor shall ensure that any area indicated by the utility company to contain underground electrical services is clearly marked with white paint and appropriate safety measures are followed.
• The Vendor shall protect overhead utilities (telephone, cable, etc.) from damage and shall be
responsible for all claims for damage due to its services.
12. PUBLIC AWARENESS OF WORK SCHEDULE: The City intends for the work of this contract to impact the public as little as possible. As a result, the following conditions shall be met.
DETAILED SPECIFICATIONS
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• The Vendor shall provide the City’s with a written schedule (email is acceptable) of the tree removal or pruning services prior to the start of work to ensure that notification can be provided to City employees or citizens who may be affected by these services.
• A minimum of one (1) week, (seven (7) days) in advance of scheduled work, the Vendor shall 1) notify the City of the planned work and 2) place a hang tag on homeowner’s door as notification that the City is removing a tree or pruning in front of their property. When appliable, a City representative may make notifications to the homeowner in person.
• The Vendor shall take a digital photo of the hang tag placed at the homeowner residence.
The photos shall include the tree marker that identifies the address of the home and be date stamped. This digital information shall be provided to the City for verification the hang tag
was in place one (1) week, (seven (7) days) prior to the services schedule date.
• The hang tags shall be provided by the City.
• The information on the hang tag will direct the homeowner to contact the City should they have any concerns or questions about the scheduled tree removal. 13. COMPLETION OF WORK / INSPECTION / APPROVAL:
• The Vendor shall notify the City within two (2) days of completing scheduled work.
• Upon receiving notification from the Vendor, the City shall inspect the serviced location within three (3) business days.
• If, upon inspection, the work specified has not been satisfactorily completed, the City shall contact the Vendor to advise them to take the necessary corrective measures.
• The Vendor shall be given two (2) days from this notification to make appropriate corrections.
• Upon re-inspection, if the work has been completed successfully then the Vendor may submit an invoice for payment.
• Any work not performed to the complete satisfaction of the City shall be rejected and the work shall be corrected within two (2) days by the Vendor at no additional expense to the City. 14. RESPONSIBILITIES FOR DAMAGES:
• The Vendor shall be responsible for any damages to sidewalks or other properties as a result
of the tree/stump removal or pruning services. Vendor shall report damages to the City with a corrective plan within one (1) day.
• Prior to beginning services, any issues or concerns about the existing site conditions shall be brought to the attention of the City for clarification. E-mail is the preferred method of notification, and a picture of existing issue or concern shall be included.
An example would be a sidewalk that has been damaged or disturbed by tree roots. The Vendor shall take a digital photograph of the surrounding area and submit it to the City to confirm that the City will make the necessary repairs once services have been completed.
• Any existing damage not discussed with the City prior to removal or pruning services shall be assumed to be the responsibility of the Vendor.
DETAILED SPECIFICATIONS
Tree Care Services 24 ITB #26-24
15. ALL-INCLUSIVE PRICES:
• Exhibit A – Bid Pricing shall be inclusive of all labor, equipment, material, tools, incidentals, and any other service or charge necessary to complete the project. There shall be no additional charges for mobilization, demobilization, equipment transport, fuel, fuel surcharges, disposal fees/increases, travel time, wait time, labor or insurance charges/increases, or any other charge not listed.
16. PAYMENT / INVOICING:
• Pricing is categorized for individual tree pruning, tree removal, and stump grinding tasks.
• Vendor shall submit invoices to the designated requesting department. Invoices shall be
submitted once services have been approved by the City.
All invoices shall include at minimum, the following information:
Site location(s)
Date of service
Itemized Services/Product rendered
Unique invoice number
Purchase Order (PO) number
17. CHANGES IN SCOPE OF WORK:
• The City reserves the right to make changes as deemed necessary in the scope of work at
any time during the term of the contract. Changes include, but are not limited to the following:
Increase or decrease in quantities of work;
Deletion or alteration of any portion of the work;
Changes in design or specification;
Addition of new work
• Any changes to the scope of work shall be mutually agreed upon by both City and
Vendor. Work not approved by the City shall be the responsibility of the Vendor.
18. MINIMUM QUALIFICATIONS:
• Vendor shall have the capability to perform and complete the services in all respects in accordance with the solicitation documents.
• The Vendor shall have been in business for a minimum of five (5) years in all services as referenced herein.
• References. Three (3) references are required for whom the Vendor has performed similar
work, preferably for a public agency of similar size, in the Tampa Bay region.
• Staff Certifications and Licenses. The Vendor shall have all necessary certifications and licenses (City, County, and State) as required under this contract and shall comply with all laws, ordinances, regulations, etc., applicable to work contemplated herein.
The Vendor is required to have one or more permanent full-time ISA certified arborists on staff and onsite during all arboricultural activities.
At time of bid, the Vendor shall provide copies and a list to the City containing the names, certificate number, and expiration date, for permanent (full-time) staff members who are ISA Certified Arborists, certified intermediate TTC, and Landscape Best
DETAILED SPECIFICATIONS
Tree Care Services 25 ITB #26-24
Management Practices for Pinellas County (BMP) Certified, or GI-BMP (Green Industries) Certified. 19. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during
the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an
occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising
injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit.
c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of 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 #26-24 P.O. Box 4748 Clearwater, FL 33758-4748
DETAILED SPECIFICATIONS
Tree Care Services 26 ITB #26-24
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
Tree Care Services 27 ITB #26-24
1. BEGINNING AND END DATE OF INITIAL TERM. June 2024 through May 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 renewal is possible at the City’s option.
4. PRICES. All pricing shall be firm for the initial term of one (1) year, except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid.
The Contractor certifies that the prices offered are no higher than the lowest price the Contractor
charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after
award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions.
During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices 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
Tree Care Services 28 ITB #26-24
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 – Bid Pricing 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) required Current list of employees and positions held (6. PERSONNEL REQUIREMENTS, page 20) Current list of equipment (7. TOOLS/EQUIPMENT/VEHICLES, page 20) Verification of TTC certified staff member(s) and/or pre-approved agency; (10. TRAFFIC
CONTROL AND PEDESTRAIN SAFETY, page 22) Copies of all applicable Certificates and Licenses held by Vendor staff (18. MINIMUM QUALIFICATIONS, Staff Certifications and Licenses, pg. 25)
W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
BID PRICING
Tree Care Services 29 ITB #26-24
Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Tree Care Services to the City of Clearwater at the price(s) stated below. BIDDING INSTRUCTIONS: A valid bid requires that bid pricing be entered on the protected Excel worksheet that is provided as Exhibit A – Bid Pricing; no other pricing format shall be accepted. Pricing shall be inclusive of all labor, equipment, material, tools, incidentals, and any other service or charge necessary to complete the project. (Reference 15. ALL-INCLUSIVE PRICES, page 24) DELIVERY REQUIREMENTS:
FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges
PAYMENT TERMS:
• City of Clearwater’s standard payment terms are NET30
• Electronic Funds Transfer (EFT) / Automated Clearing House (ACH
Vendor: _________________________________________ Date: _______________________________
EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA
Tree Care Services 30 ITB #26-24
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
Tree Care Services 31 ITB #26-24
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
Tree Care Services 32 ITB #26-24
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
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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
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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
Tree Care Services 35 ITB #26-24
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:
REFERENCES
Tree Care Services 36 ITB #26-24
Instructions: Vendor shall provide with bid a minimum of three (3) references for whom the Vendor has
performed similar work, preferably for a public agency of similar size, in the Tampa Bay region. 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
Tree Care Services 37 ITB #26-24
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID
Submitted by: Company Name:
Address:
City, State, Zip: ITB #26-24, Tree Care Services Due Date: May 2, 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 #26-24, Tree Care Services Due Date: May 2, 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
1) O'Neils LLC 2) Pete & Ron's Tree Service Inc
d/b/a O'Neils Tree Service 4615 N Hale Avenue
32708 US Hwy 19 N Tampa, FL 33614Palm Harbor, FL 34683 813-876-4444
727-316-8099
3) Tip Top Tree Experts LLC 4) TreesForYou.com Inc
P.O. Box 891 2770 Summerdale Dr
Weirsdale, FL 32195 Clearwater, FL 33761
352-750-9056 727-744-0116
ADVERTISED: TAMPA BAY TIMES 4/3/2024
POSTED:myclearwater.com 3/29/2024
FOR THE CITY OF CLEARWATER
Due/Opening: May 2, 2024; 10:00 a.m.
INVITATION TO BID No. 26-24
Tree Care Services
Solicitation Response Listing
June 18, 2024
NOTICE OF INTENT TO AWARD- REVISED
The Public Works and Parks and Recreation departments, along with the Procurement Division
recommend award of ITB No. 26-24, Tree Care Services as follows:
Category 1: All-inclusive Tree / Palm Stump Removal
Pete & Ron’s Tree Service Inc of Tampa, Florida: PRIMARY
O’Neils LLC d/b/a O’Neils Tree Service of Palm Harbor, Florida: SECONDARY
Category 2: All-Inclusive Stump Removal Only
TreesForYou.com Inc of Clearwater, Florida: PRIMARY
O’Neils LLC d/b/a O’Neils Tree Service of Palm Harbor, Florida: SECONDARY
Pete & Ron’s Tree Service Inc of Tampa, Florida: TERTIARY
Category 3: All-inclusive Pruning Services
Pete & Ron’s Tree Service Inc of Tampa, Florida: PRIMARY
TreesForYou.com Inc of Clearwater, Florida: SECONDARY
O’Neils LLC d/b/a O’Neils Tree Service of Palm Harbor, Florida: TERTIARY
Category 4: All-inclusive Invasive Plant Species
Pete & Ron’s Tree Service Inc of Tampa, Florida: PRIMARY
O’Neils LLC d/b/a O’Neils Tree Service of Palm Harbor, Florida: SECONDARY
TreesForYou.com Inc of Clearwater, Florida: TERTIARY
These vendors represent the lowest most responsible bidders overall, in accordance with the bid
specifications, in the estimated annual amount of $700,000.00, for the period of one (1) year, with
two (2), one (1) year renewal options.
This award is being made to multiple vendors to ensure service continuity and requests the
flexibility to seek services from the vendors listed above as a secondary and tertiary option.
This Award recommendation will be considered by the City Council at the July 15, 2024, Work
Session (1:30 p.m.) and voted on at the July 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 the City’s Procurement Analyst II Kelly
Rogers at (727) 444-8527, or mailed to City of Clearwater, Attn: Procurement Division, PO Box
4748, Clearwater, FL 33758-4748.
Posted on this date by:
Kelly Rogers Kelly Rogers Procurement Analyst II
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0750
Agenda Date: 7/15/2024 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Public Works
Agenda Number: 6.7
SUBJECT/RECOMMENDATION:
Authorize acceptance of the U.S. Department of Energy (DOE)’s Office of State and Community Energy
Programs (SCEP) Energy Efficiency and Conservation Block Grant (EECBG) program formula award in the
amount of $169,090.00 by approving the special terms and conditions of the equipment rebate voucher
application and authorize the appropriate officials to execute same.
SUMMARY:
The City of Clearwater was allocated $169,090.00 in the EECBG Program as shown in Table 1a of the
DOE Formula Grant Funding Allocations by Local Government for the EECBG Program - Sec. 40552(b) of
the Infrastructure Investment and Jobs Act (IIJA) of 2021. A pre-award information sheet was submitted by
the City to DOE in April 2023 as an indication of interest in receiving funds.
With the EECBG Program award of $169,090.00, the City proposes to purchase two light duty EVs as
pooled vehicles for the Public Works Department to replace existing vehicles on the vehicle replacement
list (VRL), purchase and install one dedicated level two dual-port EV charger, as well as partially pay for
electrical capacity improvements at the fleet maintenance facility to facilitate the EV charger. The fleet
maintenance electrical capacity build out is quoted at $92,505.72 and $64,361 of grant funding is expected
to be leveraged. The remaining $28,000 can be funded by General Services. This upgrade cost is
considerably less than the cost to replace two vehicles and can be additional savings if similar grants are
found in the future. Upon official award of the DOE grant, the intended use of this grant will be brought to
Council for formal approval at a later date.
Staff is recommending the proposed transportation electrification equipment for several reasons:
1)Grant funding will pay for two planned vehicle replacements to be funded through this program instead
of City funds. Staff evaluated vehicle usage to ensure electric vehicles would align with daily uses of the
specific role of these electrical vehicles.
2) Potential for GHG reduction, as well as aligning with our Alternative Fuel Vehicles and Vehicle
Purchasing Guidelines (Policy 7008). The City’s sustainability action plan, Greenprint 2.0, includes
citywide greenhouse gas (GHG) emissions reduction goals: 25% by 2035 and 80% by 2050 compared to
the baseline year of 2007. Energy use and transportation are the top two sectors for the city’s GHG
emissions.
3) These EVs can provide limited power for city staff at remote locations instead of utilizing louder
generators.
Incorporating electric vehicles requires charging infrastructure so staff is leveraging this grant funding to
install electrical charging stations at the fleet maintenance facility for potential future maintenance needs.
The two purchased EVs will reside at the MSB parking garage. The MSB parking garage was designed to
install EV chargers and Parking Division will be installing and covering the cost of installation of EV
chargers to support these vehicles and EVs owned by city employees. Additionally, the EV chargers at
the MSB parking garage will be available to the public after hours and on weekends and be able to
generate revenue.
This grant funding does not require City matching funds to receive the grant funding. However, General
Services will fund a portion of the electrical capacity build as indicated above.
the grant agreement requires indemnification, which necessitates City Council approval of the City’s
Page 1 City of Clearwater Printed on 7/9/2024
File Number: ID#24-0750
acceptance of the award at this time.
STRATEGIC PRIORITY:
Objectives 1.5 Embrace a culture of innovation that drives continuous improvement and successfully
serves all our customers; 4.1, Providing proactive climate resiliency strategies based on science; 4.2,
Adopting renewable resource usage; and 4.4 Develop accessible and active transportation networks that
enhance pedestrian safety and reduce citywide greenhouse gas emissions.
Page 2 City of Clearwater Printed on 7/9/2024
Template Version 12/19/2023
EECBG Program
Special Terms and Conditions
Special Terms and Conditions
Entity Name:___________________________________ (“Recipient”), which is identified in the
Assistance Agreement, and the Office of State and Community Energy Programs (“SCEP”), and
Energy Efficiency and Conservation Block Grant Program (“EECBG”), an office within the United
States Department of Energy (“DOE”), enters into this Award, to achieve the project objectives
and the technical milestones and deliverables stated in Attachment 1 to this Award.
This Award consists of the following documents, including all terms and conditions therein:
Special Terms and Conditions
Attachment 1 Federal Assistance Reporting Checklist (FARC)1
Attachment 2 NEPA Determination2
The following are incorporated into this Award by reference:
• DOE Assistance Regulations, 2 CFR part 200 as amended by 2 CFR part 910 at
http://www.eCFR.gov.
• National Policy Requirements (November 12, 2020) at
http://www.nsf.gov/awards/managing/rtc.jsp.
• The Recipient’s application/proposal as approved by SCEP.
• Public Law 117-58, also known as the Bipartisan Infrastructure Law (BIL).
1 The FARC will be provided at a later date.
2 The NEPA Determination is attached to your application in the EECBG Program Voucher Application Portal
Special Terms and Conditions
2
Table of Contents
Subpart A. General Provisions ......................................................................................................................... 4
Term 1. Legal Authority and Effect ....................................................................................................................... 4
Term 2. Flow Down Requirement ........................................................................................................................ 4
Term 3. Compliance with Federal, State, and Municipal Law ............................................................................. 4 Term 4. Inconsistency with Federal Law .............................................................................................................. 4
Term 5. Federal Stewardship ................................................................................................................................ 4
Term 6. NEPA Requirements ................................................................................................................................ 4
Term 7. Notice Regarding the Purchase of American-Made Equipment and Products – Sense of Congress .... 5
Term 8. Reporting Requirements ......................................................................................................................... 5
Term 9. Lobbying ................................................................................................................................................... 5
Term 10. Publications ............................................................................................................................................. 5
Term 11. No-Cost Extension ................................................................................................................................... 6
Term 12. Property Standards .................................................................................................................................. 6 Term 13. Insurance Coverage ................................................................................................................................. 6
Term 14. Real Property ........................................................................................................................................... 7
Term 15. Equipment ............................................................................................................................................... 7
Term 16. Supplies .................................................................................................................................................... 8
Term 17. Property Trust Relationship .................................................................................................................... 8 Term 18. Record Retention ..................................................................................................................................... 8
Term 19. Audits ....................................................................................................................................................... 8
Term 20. Indemnity ................................................................................................................................................. 9
Term 21. Foreign National Participation ................................................................................................................ 9
Term 22. Post-Award Due Diligence Reviews ........................................................................................................ 9
Subpart B. Financial Provisions ....................................................................................................................... 10
Term 23. Maximum Obligation ............................................................................................................................. 10
Term 24. Refund Obligation.................................................................................................................................. 10
Term 25. Allowable Costs ..................................................................................................................................... 10
Term 26. Decontamination and/or Decommissioning (D&D) Costs .................................................................... 10 Term 27. Use of Program Income ......................................................................................................................... 10
Term 28. Payment Procedures ............................................................................................................................. 11
Term 29. Budget Changes ..................................................................................................................................... 11
Subpart C. Miscellaneous Provisions .............................................................................................................. 12
Term 30. Environmental, Safety and Health Performance of Work at DOE Facilities ........................................ 12 Term 31. System for Award Management and Universal Identifier Requirements ........................................... 12
Term 32. Nondisclosure and Confidentiality Agreements Assurances ............................................................... 14
Term 33. Contractor Change Notification ............................................................................................................ 15
Term 34. Recipient Integrity and Performance Matters ...................................................................................... 16 Term 35. Export Control ........................................................................................................................................ 18
Term 36. Interim Conflict of Interest Policy for Financial Assistance .................................................................. 18
Term 37. Organizational Conflict of Interest ........................................................................................................ 18
Term 38. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment ............ 19
Term 39. Human Subjects Research ..................................................................................................................... 20 Term 40. Fraud, Waste and Abuse ....................................................................................................................... 21
Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements ................................................................ 21
Term 41. Reporting, Tracking and Segregation of Incurred Costs ....................................................................... 21
Special Terms and Conditions
3
Term 42. Davis-Bacon Requirements ................................................................................................................... 22
Term 43. Buy American Requirement for Infrastructure Projects ...................................................................... 23
Term 44. Affirmative Action and Pay Transparency Requirements .................................................................... 29
Term 45. Potentially Duplicative Funding Notice ................................................................................................ 29 Term 46. Transparency of Foreign Connections................................................................................................... 29
Term 47. Foreign Collaboration Considerations .................................................................................................. 30
Special Terms and Conditions
4
Subpart A. General Provisions
Term 1. Legal Authority and Effect
A DOE financial assistance award is valid only if it is in writing and is signed, either in writing or
electronically, by a DOE Contracting Officer.
The Recipient may accept or reject the Award. Acknowledgement of award documents by the
Recipient’s authorized representative through electronic systems used by DOE, specifically The
EECBG Program Voucher Portal (https://doerebates.my.site.com/eecbgvouchers/s/),
constitutes the Recipient's acceptance of the terms and conditions of this Award.
Acknowledgement via the EECBG Program Voucher Portal by the Recipient’s authorized
representative constitutes the Recipient's electronic signature.
Term 2. Flow Down Requirement
The Recipient agrees to apply the terms and conditions of this Award, as applicable to all
subcontractors as required by 2 CFR 200.101, and to require their strict compliance therewith.
Further, the Recipient must apply the Award terms as required by 2 CFR 200.327 to all sub
contractors and to require their strict compliance therewith.
Term 3. Compliance with Federal, State, and Municipal Law
The Recipient is required to comply with applicable Federal, state, and local laws and
regulations for all work performed under this Award. The Recipient is required to obtain all
necessary Federal, state, and local permits, authorizations, and approvals for all work
performed under this Award.
Term 4. Inconsistency with Federal Law
Any apparent inconsistency between Federal statutes and regulations and the terms and
conditions contained in this Award must be referred to the DOE Award Administrator for
guidance.
Term 5. Federal Stewardship
SCEP will exercise normal Federal stewardship in overseeing the project activities performed
under this Award. Stewardship activities include, but are not limited to, conducting site visits;
reviewing performance and financial reports; providing technical assistance and/or temporary
intervention in unusual circumstances to address deficiencies that develop during the project;
assuring compliance with terms and conditions; and reviewing technical performance after
project completion to ensure that the project objectives have been accomplished.
Term 6. NEPA Requirements
DOE must comply with the National Environmental Policy Act (NEPA) prior to authorizing the
use of Federal funds. Based on all information provided by the Recipient, SCEP has made a
Special Terms and Conditions
5
NEPA determination by issuing a categorical exclusion (CX) for all activities listed in the
Application approved by the Contracting Officer and the DOE NEPA Determination. The
Recipient is thereby authorized to use Federal funds for the defined project activities, except
where such activity is subject to a restriction set forth elsewhere in this Award.
This authorization is specific to the project activities and locations as described in the
Application approved by the Contracting Officer and the DOE NEPA Determination.
If the Recipient later intends to add to or modify the activities or locations as described in the
approved Application and the DOE NEPA Determination, those new activities/locations or
modified activities/locations are subject to additional NEPA review and are not authorized for
Federal funding until the Contracting Officer provides written authorization on those additions
or modifications. Should the Recipient elect to undertake activities or change locations prior to
written authorization from the Contracting Officer, the Recipient does so at risk of not receiving
Federal funding for those activities, and such costs may not be recognized as allowable cost
share.
Condition(s):
NEPA Logs if conducting potentially ground disturbing activities.
Term 7. Notice Regarding the Purchase of American-Made Equipment and
Products – Sense of Congress
It is the sense of the Congress that, to the greatest extent practicable, all equipment and
products purchased with funds made available under this Award should be American-made.
Term 8. Reporting Requirements
The reporting requirements for this Award are identified on the Federal Assistance Reporting
Checklist, attached to this Award. Failure to comply with these reporting requirements is
considered a material noncompliance with the terms of the Award. Noncompliance may result
in withholding of future payments, suspension, or termination of the current award, and
withholding of future awards. A willful failure to perform, a history of failure to perform, or
unsatisfactory performance of this and/or other financial assistance awards, may also result in a
debarment action to preclude future awards by Federal agencies.
Term 9. Lobbying
By accepting funds under this Award, the Recipient agrees that none of the funds obligated on
the Award shall be expended, directly or indirectly, to influence congressional action on any
legislation or appropriation matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. § 1913. This restriction is in addition to those
prescribed elsewhere in statute and regulation.
Term 10. Publications
Special Terms and Conditions
6
The Recipient is required to include the following acknowledgement in publications arising out
of, or relating to, work performed under this Award, whether copyrighted or not:
• Acknowledgment: “This material is based upon work supported by the U.S. Department
of Energy’s Office of State and Community Energy Programs (SCEP) under the Energy
Efficiency and Conservation Block Grant (EECBG) Program Application # XXXXXXXXX”
• Full Legal Disclaimer: “This report was prepared as an account of work sponsored by an
agency of the United States Government. Neither the United States Government nor
any agency thereof, nor any of their employees, makes any warranty, express or
implied, or assumes any legal liability or responsibility for the accuracy, completeness,
or usefulness of any information, apparatus, product, or process disclosed, or
represents that its use would not infringe privately owned rights. Reference herein to
any specific commercial product, process, or service by trade name, trademark,
manufacturer, or otherwise does not necessarily constitute or imply its endorsement,
recommendation, or favoring by the United States Government or any agency thereof.
The views and opinions of authors expressed herein do not necessarily state or reflect
those of the United States Government or any agency thereof.”
Abridged Legal Disclaimer: “The views expressed herein do not necessarily represent
the views of the U.S. Department of Energy or the United States Government.”
Recipients should make every effort to include the full Legal Disclaimer. However, in the
event that recipients are constrained by formatting and/or page limitations set by the
publisher, the abridged Legal Disclaimer is an acceptable alternative.
Term 11. No-Cost Extension
As provided in 2 CFR 200.308, the Recipient must provide the Contracting Officer with notice in
advance if it intends to utilize a one-time, no-cost extension of this Award. The notification
must include the supporting reasons and the revised period of performance. The Recipient
must submit this notification in writing to the Contracting Officer and DOE Technology
Manager/ Project Officer at least 30 days before the end of the current budget period.
Any no-cost extension will not alter the project scope, milestones, deliverables, or budget of
this Award.
Term 12. Property Standards
The complete text of the Property Standards can be found at 2 CFR 200.310 through 200.316.
Also see 2 CFR 910.360 for additional requirements for real property and equipment for For-
Profit recipients.
Term 13. Insurance Coverage
Special Terms and Conditions
7
See 2 CFR 200.310 for insurance requirements for real property and equipment acquired or
improved with Federal funds. Also see 2 CFR 910.360(d) for additional requirements for real
property and equipment for For-Profit recipients.
Term 14. Real Property
Subject to the conditions set forth in 2 CFR 200.311, title to real property acquired or improved
under a Federal award will conditionally vest upon acquisition in the non-Federal entity. The
non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR
200.311 before disposing of the property.
Except as otherwise provided by Federal statutes or by the Federal awarding agency, real
property will be used for the originally authorized purpose as long as needed for that purpose.
When real property is no longer needed for the originally authorized purpose, the non-Federal
entity must obtain disposition instructions from DOE or pass-through entity. The instructions
must provide for one of the following alternatives: (1) retain title after compensating DOE as
described in 2 CFR 200.311(c)(1); (2) Sell the property and compensate DOE as specified in 2
CFR 200.311(c)(2); or (3) transfer title to DOE or to a third party designated/approved by DOE
as specified in 2 CFR 200.311(c)(3).
See 2 CFR 200.311 for additional requirements pertaining to real property acquired or improved
under a Federal award.
Term 15. Equipment
Subject to the conditions provided in 2 CFR 200.313, title to equipment (property) acquired
under a Federal award will conditionally vest upon acquisition with the non-Federal entity. The
non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR
200.313 before disposing of the property.
Equipment must be used by the non-Federal entity in the program or project for which it was
acquired as long as it is needed, whether or not the project or program continues to be
supported by the Federal award. When no longer needed for the originally authorized purpose,
the equipment may be used by programs supported by DOE in the priority order specified in 2
CFR 200.313(c)(1)(i) and (ii).
Management requirements, including inventory and control systems, for equipment are
provided in 2 CFR 200.313(d).
When equipment acquired under a Federal award is no longer needed, the non-Federal entity
must obtain disposition instructions from DOE or pass-through entity.
Disposition will be made as follows: (1) items of equipment with a current fair market value of
$5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to
DOE; (2) Non-Federal entity may retain title or sell the equipment after compensating DOE as
Special Terms and Conditions
8
described in 2 CFR 200.313(e)(2); or (3) transfer title to DOE or to an eligible third party as
specified in 2 CFR 200.313(e)(3).
See 2 CFR 200.313 for additional requirements pertaining to equipment acquired under a
Federal award. See also 2 CFR 200.439 Equipment and other capital expenditures.
Term 16. Supplies
See 2 CFR 200.314 for requirements pertaining to supplies acquired under a Federal award. See
also 2 CFR 200.453 Materials and supplies costs, including costs of computing devices.
Term 17. Property Trust Relationship
Real property, equipment, and intangible property, that are acquired or improved with a
Federal award must be held in trust by the non-Federal entity as trustee for the beneficiaries of
the project or program under which the property was acquired or improved. See 2 CFR 200.316
for additional requirements pertaining to real property, equipment, and intangible property
acquired or improved under a Federal award.
Term 18. Record Retention
Consistent with 2 CFR 200.334 through 200.338, the Recipient is required to retain records
relating to this Award.
Term 19. Audits
A. Government-Initiated Audits
The Recipient must provide any information, documents, site access, or other
assistance requested by SCEP, DOE or Federal auditing agencies (e.g., DOE Inspector
General, Government Accountability Office) for the purpose of audits and
investigations. Such assistance may include, but is not limited to, reasonable access
to the Recipient’s records relating to this Award.
Consistent with 2 CFR part 200 as amended by 2 CFR part 910, DOE may audit the
Recipient’s financial records or administrative records relating to this Award at any
time. Government-initiated audits are generally paid for by DOE.
DOE may conduct a final audit at the end of the project period (or the termination of
the Award, if applicable). Upon completion of the audit, the Recipient is required to
refund to DOE any payments for costs that were determined to be unallowable. If
the audit has not been performed or completed prior to the closeout of the award,
DOE retains the right to recover an appropriate amount after fully considering the
recommendations on disallowed costs resulting from the final audit.
DOE will provide reasonable advance notice of audits and will minimize interference
Special Terms and Conditions
9
with ongoing work, to the maximum extent practicable.
B. Annual Independent Audits (Single Audit or Compliance Audit)
The Recipient must comply with the annual independent audit requirements in 2
CFR 200.500 through .521 for institutions of higher education, nonprofit
organizations, and state and local governments (Single audit), and 2 CFR 910.500
through .521 for for-profit entities (Compliance audit).
The annual independent audits are separate from Government-initiated audits
discussed in part A. of this Term and must be paid for by the Recipient. To minimize
expense, the Recipient may have a Compliance audit in conjunction with its annual
audit of financial statements. The financial statement audit is not a substitute for
the Compliance audit. If the audit (Single audit or Compliance audit, depending on
Recipient entity type) has not been performed or completed prior to the closeout of
the award, DOE may impose one or more of the actions outlined in 2 CFR 200.339,
Remedies for Noncompliance.
Term 20. Indemnity
The Recipient shall indemnify DOE and its officers, agents, or employees for any and all liability,
including litigation expenses and attorneys' fees, arising from suits, actions, or claims of any
character for death, bodily injury, or loss of or damage to property or to the environment,
resulting from the project, except to the extent that such liability results from the direct fault or
negligence of DOE officers, agents or employees, or to the extent such liability may be covered
by applicable allowable costs provisions.
Term 21. Foreign National Participation
If the Recipient (including any of its contractors) anticipates involving foreign nationals in the
performance of the Award, the Recipient must, upon DOE’s request, provide DOE with specific
information about each foreign national to ensure compliance with the requirements for
participation and access approval. The volume and type of information required may depend
on various factors associated with the Award. The DOE Contracting Officer will notify the
Recipient if this information is required.
DOE may elect to deny a foreign national’s participation in the Award. Likewise, DOE may elect
to deny a foreign national’s access to a DOE sites, information, technologies, equipment,
programs or personnel.
Term 22. Post-Award Due Diligence Reviews
During the life of the Award, DOE may conduct ongoing due diligence reviews, through
Government resources, to identify potential risks of undue foreign influence. In the event, a risk
is identified, DOE may require risk mitigation measures, including but not limited to, requiring
an individual or entity not participate in the Award.
Special Terms and Conditions
10
Subpart B. Financial Provisions
Term 23. Maximum Obligation
The maximum obligation of DOE for this Award is the total “Funds Obligated” stated in Block 13
of the Assistance Agreement to this Award.
Term 24. Refund Obligation
The Recipient must refund any excess payments received from SCEP, including any costs
determined unallowable by the Contracting Officer. Upon the end of the project period (or the
termination of the Award, if applicable), the Recipient must refund to SCEP the difference
between (1) the total payments received from SCEP, and (2) the Federal share of the costs
incurred. Refund obligations under this Term do not supersede the annual reconciliation or
true up process if specified under the Indirect Cost Term.
Term 25. Allowable Costs
SCEP determines the allowability of costs through reference to 2 CFR part 200 as amended by 2
CFR part 910. All project costs must be allowable, allocable, and reasonable. The Recipient
must document and maintain records of all project costs, including, but not limited to, the costs
paid by Federal funds, costs claimed by its subcontractors, and project costs that the Recipient
claims as cost sharing, including in-kind contributions. The Recipient is responsible for
maintaining records adequate to demonstrate that costs claimed have been incurred, are
reasonable, allowable and allocable, and comply with the cost principles. Upon request, the
Recipient is required to provide such records to SCEP. Such records are subject to audit.
Failure to provide SCEP adequate supporting documentation may result in a determination by
the Contracting Officer that those costs are unallowable.
The Recipient is required to obtain the prior written approval of the Contracting Officer for any
foreign travel costs.
Term 26. Decontamination and/or Decommissioning (D&D) Costs
Notwithstanding any other provisions of this Award, the Government shall not be responsible
for or have any obligation to the Recipient for (1) Decontamination and/or Decommissioning
(D&D) of any of the Recipient’s facilities, or (2) any costs which may be incurred by the
Recipient in connection with the D&D of any of its facilities due to the performance of the work
under this Award, whether said work was performed prior to or subsequent to the effective
date of the Award.
Term 27. Use of Program Income
If the Recipient earns program income during the project period as a result of this Award, the
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11
Recipient must add the program income to the funds committed to the Award and used to
further eligible project objectives.
Term 28. Payment Procedures
A. Method of Payment
Payment will be made by reimbursement by CFO through ACH. Equipment rebate
voucher applications will be approved for payment by DOE once the equipment has
been installed and all required documentation has been provided.
B. Payments
All payments are made by electronic funds transfer to the bank account identified
attached to the Recipient’s UEI and identified in the Recipient’s SAM.gov account.
C. Unauthorized Drawdown of Federal Funds
For each budget period, the Recipient may not spend more than the Federal share
authorized to that award, without specific written approval from the Contracting
Officer. The Recipient must immediately refund SCEP any amounts spent in excess
of the authorized amount.
A. Supporting Documents for Agency Approval of Payments
DOE may request additional information from the Recipient to support the payment
requests prior to release of funds, as deemed necessary. The Recipient is required
to comply with these requests. Supporting documents include invoices, copies of
contracts, vendor quotes, proof of installation and other expenditure explanations
that justify the payment requests.
Term 29. Budget Changes
A. Budget Changes Generally
The Contracting Officer has reviewed and approved the budget in Attachment 1 to
this Award.
Any increase in the total project cost, whether DOE share or Cost Share, which is
stated as “Total” in Block 12 to the Assistance Agreement of this Award, must be
approved in advance and in writing by the Contracting Officer.
Any change that alters the project scope, milestones or deliverables requires prior
written approval of the Contracting Officer. SCEP may deny reimbursement for any
failure to comply with the requirements in this term.
Special Terms and Conditions
12
B. Transfers of Funds Among Direct Cost Categories
The Recipient is required to obtain the prior written approval of the Contracting
Officer for any transfer of funds among direct cost categories where the cumulative
amount of such transfers exceeds or is expected to exceed 10 percent of the total
project cost stated in the budget on the recipient’s application.
The Recipient is required to notify the DOE Technology Manager/Project Officer of
any transfer of funds among direct cost categories where the cumulative amount of
such transfers is equal to or below 10 percent of the total project cost, stated in the
budget on the recipient’s application.
Subpart C. Miscellaneous Provisions
Term 30. Environmental, Safety and Health Performance of Work at DOE
Facilities
With respect to the performance of any portion of the work under this Award which is
performed at a DOE -owned or controlled site, the Recipient agrees to comply with all State and
Federal Environmental, Safety and Health (ES&H) regulations and with all other ES&H
requirements of the operator of such site.
Prior to the performance on any work at a DOE-owned or controlled site, the Recipient shall
contact the site facility manager for information on DOE and site-specific ES&H requirements.
The Recipient is required apply this provision to its contractors.
Term 31. System for Award Management and Universal Identifier
Requirements
A. Requirement for Registration in the System for Award Management (SAM)
Unless the Recipient is exempted from this requirement under 2 CFR 25.110, tThe
Recipient must maintain the currency of its information in SAM until the Recipient
submits the final financial report required under this Award or receive the final
payment, whichever is later. This requires that the Recipient reviews and updates
the information at least annually after the initial registration, and more frequently if
required by changes in its information or another award term.
B. Unique Entity Identifier (UEI)
SAM automatically assigns a UEI to all active SAM.gov registered entities. Entities no
longer have to go to a third-party website to obtain their identifier. This information
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13
is displayed on SAM.gov.
If the Recipient is authorized to make subawards under this Award, the Recipient:
i. Must notify potential subrecipients that no entity (see definition in paragraph C
of this award term) may receive a subaward from the Recipient unless the entity
has provided its UEI number to the Recipient.
ii. May not make a subaward to an entity unless the entity has provided its UEI
number to the Recipient.
C. Definitions
For purposes of this award term:
i. System for Award Management (SAM) means the Federal repository into
which an entity must provide information required for the conduct of
business as a recipient. Additional information about registration procedures
may be found at the SAM Internet site (currently at ).
ii. Unique Entity Identifier (UEI) is the 12-character, alpha-numeric identifier
that will be assigned by SAM.gov upon registration.
iii. Entity, as it is used in this award term, means all of the following, as defined
at 2 CFR Part 25, subpart C:
1. A Governmental organization, which is a State, local government, or
Indian Tribe.
2. A foreign public entity.
3. A domestic or foreign nonprofit organization.
4. A domestic or foreign for-profit organization.
5. A Federal agency, but only as a subrecipient under an award or
subaward to a non-Federal entity.
iv. Subaward:
1. This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program for
which the Recipient received this Award and that the Recipient
awards to an eligible subrecipient.
2. The term does not include the Recipient’s procurement of property
and services needed to carry out the project or program (for further
explanation, see 2 CFR 200.501 Audit requirements, (f) Subrecipients
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14
and Contractors and/or 2 CFR 910.501 Audit requirements, (f)
Subrecipients and Contractors).
3. A subaward may be provided through any legal agreement, including
an agreement that the Recipient considers a contract.
v. Subrecipient means an entity that:
1. Receives a subaward from the Recipient under this Award; and
2. Is accountable to the Recipient for the use of the Federal funds
provided by the subaward.
Term 32. Nondisclosure and Confidentiality Agreements Assurances
A. By entering into this agreement, the Recipient attests that it does not and will not
require its employees or contractors to sign internal nondisclosure or confidentiality
agreements or statements prohibiting or otherwise restricting its employees or
contactors from lawfully reporting waste, fraud, or abuse to a designated
investigative or law enforcement representative of a Federal department or agency
authorized to receive such information.
B. The Recipient further attests that it does not and will not use any Federal funds to
implement or enforce any nondisclosure and/or confidentiality policy, form, or
agreement it uses unless it contains the following provisions:
i. ‘‘These provisions are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or liabilities created by
existing statute or Executive order relating to (1) classified information, (2)
communications to Congress, (3) the reporting to an Inspector General of a
violation of any law, rule, or regulation, or mismanagement, a gross waste of
funds, an abuse of authority, or a substantial and specific danger to public
health or safety, or (4) any other whistleblower protection. The definitions,
requirements, obligations, rights, sanctions, and liabilities created by
controlling Executive orders and statutory provisions are incorporated into
this agreement and are controlling.’’
ii. The limitation above shall not contravene requirements applicable to
Standard Form 312, Form 4414, or any other form issued by a Federal
department or agency governing the nondisclosure of classified information.
iii. Notwithstanding provision listed in paragraph (a), a nondisclosure or
confidentiality policy form or agreement that is to be executed by a person
connected with the conduct of an intelligence or intelligence-related activity,
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15
other than an employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information received
in the course of such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure or confidentiality forms shall
also make it clear that they do not bar disclosures to Congress, or to an
authorized official of an executive agency or the Department of Justice, that
are essential to reporting a substantial violation of law.
Term 33. Contractor Change Notification
Except for contractors specifically proposed as part of the Recipient’s Application for award, the
Recipient must notify the Contracting Officer and Project Manager in writing 30 days prior to
the execution of new or modified contract agreements, including naming any To Be Determined
contractors. This notification does not constitute a waiver of the prior approval requirements
outlined in 2 CFR part 200 as amended by 2 CFR part 910, nor does it relieve the Recipient from
its obligation to comply with applicable Federal statutes, regulations, and executive orders.
In order to satisfy this notification requirement, the Recipient documentation must, as a
minimum, include the following:
• A description of the service to be provided or the equipment to be purchased.
• An assurance that the process undertaken by the Recipient to solicit the contractor
complies with their written procurement procedures as outlined in 2 CFR 200.317
through 200.327.
• An assurance that no planned, actual or apparent conflict of interest exists between the
Recipient and the selected contractor and that the Recipient’s written standards of
conduct were followed.3
• A completed Environmental Questionnaire, if applicable.
• An assurance that the contractor is not a debarred or suspended entity.
• An assurance that all required award provisions will be flowed down in the resulting
contract agreement.
3 It is DOE’s position that the existence of a “covered relationship” as defined in 5 CFR 2635.502(a)&(b) between a member of
the Recipient’s owners or senior management and a member of a subrecipient’s owners or senior management creates at a
minimum an apparent conflict of interest that would require the Recipient to notify the Contracting Officer and provide
detailed information and justification (including, for example, mitigation measures) as to why the subrecipient agreement does
not create an actual conflict of interest. The Recipient must also notify the Contracting Officer of any new subrecipient
agreement with: (1) an entity that is owned or otherwise controlled by the Recipient; or (2) an entity that is owned or
otherwise controlled by another entity that also owns or otherwise controls the Recipient, as it is DOE’s position that these
situations also create at a minimum an apparent conflict of interest.
Special Terms and Conditions
16
The Recipient is responsible for making a final determination to award or modify contractor
agreements under this agreement, but the Recipient may not proceed with the contractor
agreement until the Contracting Officer determines, and provides the Recipient written
notification, that the information provided is adequate.
Should the Recipient not receive a written notification of adequacy from the Contracting Officer
within 30 days of the submission of the contractor documentation stipulated above, the
Recipient may proceed to award or modify the proposed contractor agreement.
Term 34. Recipient Integrity and Performance Matters
A. General Reporting Requirement
If the total value of your currently active Financial Assistance awards, grants, and
procurement contracts from all Federal awarding agencies exceeds $10,000,000 for
any period of time during the period of performance of this Federal award, then you
as the recipient during that period of time must maintain the currency of
information reported to the System for Award Management (SAM) that is made
available in the designated integrity and performance system (currently the Federal
Awardee Performance and Integrity Information System (FAPIIS)) about civil,
criminal, or administrative proceedings described in paragraph 2 of this term. This is
a statutory requirement under section 872 of Public Law 110-417, as amended (41
U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information
posted in the designated integrity and performance system on or after April 15,
2011, except past performance reviews required for Federal procurement contracts,
will be publicly available.
B. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
i. Is in connection with the award or performance of a Financial Assistance,
cooperative agreement, or procurement contract from the Federal
Government;
ii. Reached its final disposition during the most recent five-year period; and
iii. Is one of the following:
1. A criminal proceeding that resulted in a conviction, as defined in
paragraph E of this award term and condition;
2. A civil proceeding that resulted in a finding of fault and liability and
payment of a monetary fine, penalty, reimbursement, restitution, or
damages of $5,000 or more;
3. An administrative proceeding, as defined in paragraph E of this term,
that resulted in a finding of fault and liability and your payment of
either a monetary fine or penalty of $5,000 or more or
reimbursement, restitution, or damages in excess of $100,000; or
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17
4. Any other criminal, civil, or administrative proceeding if:
a. It could have led to an outcome described in paragraph B.iii.1,
2, or 3 of this term;
b. It had a different disposition arrived at by consent or
compromise with an acknowledgment of fault on your part;
and
c. The requirement in this term to disclose information about
the proceeding does not conflict with applicable laws and
regulations.
C. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about
each proceeding described in paragraph B of this term. You do not need to submit
the information a second time under assistance awards that you received if you
already provided the information through SAM because you were required to do so
under Federal procurement contracts that you were awarded.
D. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph A
of this term, you must report proceedings information through SAM for the most
recent five-year period, either to report new information about any proceeding(s)
that you have not reported previously or affirm that there is no new information to
report. Recipients that have Federal contract, Financial Assistance awards,
(including cooperative agreement awards) with a cumulative total value greater than
$10,000,000, must disclose semiannually any information about the criminal, civil,
and administrative proceedings.
E. Definitions
For purposes of this term:
i. Administrative proceeding means a non-judicial process that is adjudicatory
in nature in order to make a determination of fault or liability (e.g., Securities
and Exchange Commission Administrative proceedings, Civilian Board of
Contract Appeals proceedings, and Armed Services Board of Contract
Appeals proceedings). This includes proceedings at the Federal and State
level but only in connection with performance of a Federal contract or
Financial Assistance awards. It does not include audits, site visits, corrective
plans, or inspection of deliverables.
ii. Conviction means a judgment or conviction of a criminal offense by any court
of competent jurisdiction, whether entered upon a verdict or a plea, and
includes a conviction entered upon a plea of nolo contendere.
iii. Total value of currently active Financial Assistance awards, cooperative
agreements and procurement contracts includes—
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18
1. Only the Federal share of the funding under any Federal award with a
recipient cost share or match; and
2. The value of all expected funding increments under a Federal award and
options, even if not yet exercised.
Term 35. Export Control
The United States government regulates the transfer of information, commodities, technology,
and software considered to be strategically important to the U.S. to protect national security,
foreign policy, and economic interests without imposing undue regulatory burdens on
legitimate international trade. There is a network of Federal agencies and regulations that
govern exports that are collectively referred to as “Export Controls.” The Recipient is
responsible for ensuring compliance with all applicable United States Export Control laws and
regulations relating to any work performed under a resulting award.
The Recipient must immediately report to DOE any export control violations related to the
project funded under this award, at the recipient or subrecipient level, and provide the
corrective action(s) to prevent future violations.
Term 36. Interim Conflict of Interest Policy for Financial Assistance
The DOE interim Conflict of Interest Policy for Financial Assistance (COI Policy) can be found at
https://www.energy.gov/management/department-energy-interim-conflict-interest-policy-
requirements-financial-assistance. This policy is applicable to all non-Federal entities applying
for, or that receive, DOE funding by means of a financial assistance award (e.g., a grant,
cooperative agreement, or technology investment agreement) and, through the
implementation of this policy by the entity, to each Investigator who is planning to participate
in, or is participating in, the project funded wholly or in part under this Award. The term
“Investigator” means the PI and any other person, regardless of title or position, who is
responsible for the purpose, design, conduct, or reporting of a project funded by DOE or
proposed for funding by DOE. The Recipient must flow down the requirements of the interim
COI Policy to any contracting non-Federal entities, with the exception of DOE National
Laboratories. Further, the Recipient must identify all financial conflicts of interests (FCOI), i.e.,
managed and unmanaged/ unmanageable, in its initial and ongoing FCOI reports.
Prior to award, the Recipient was required to: 1) ensure all Investigators on this Award
completed their significant financial disclosures; 2) review the disclosures; 3) determine
whether a FCOI exists; 4) develop and implement a management plan for FCOIs; and 5) provide
DOE with an initial FCOI report that includes all FCOIs (i.e., managed and
unmanaged/unmanageable). Within 180 days of the date of the Award, the Recipient must be
in full compliance with the other requirements set forth in DOE’s interim COI Policy.
Term 37. Organizational Conflict of Interest
Organizational conflicts of interest are those where, because of relationships with a parent
company, affiliate, or subsidiary organization, the Recipient is unable or appears to be unable to
Special Terms and Conditions
19
be impartial in conducting procurement action involving a related organization (2 CFR
200.318(c)(2)).
The Recipient must disclose in writing any potential or actual organizational conflict of interest
to the DOE Contracting Officer. The Recipient must provide the disclosure prior to engaging in
a procurement or transaction using project funds with a parent, affiliate, or subsidiary
organization that is not a state, local government, or Indian tribe. For a list of the information
that must be included the disclosure, see Section VI. of the DOE interim Conflict of Interest
Policy for Financial Assistance at https://www.energy.gov/management/department-energy-
interim-conflict-interest-policy-requirements-financial-assistance.
If the effects of the potential or actual organizational conflict of interest cannot be avoided,
neutralized, or mitigated, the Recipient must procure goods and services from other sources
when using project funds. Otherwise, DOE may terminate the Award in accordance with 2 CFR
200.340 unless continued performance is determined to be in the best interest of the Federal
government.
The Recipient must flow down the requirements of the interim COI Policy to any contracting
non-Federal entities, with the exception of DOE National Laboratories. The Recipient is
responsible for ensuring contractor compliance with this term.
If the Recipient has a parent, affiliate, or subsidiary organization that is not a state, local
government, or Indian tribe, the Recipient must maintain written standards of conduct covering
organizational conflicts of interest.
Term 38. Prohibition on Certain Telecommunications and Video Surveillance
Services or Equipment
As set forth in 2 CFR 200.216, recipients and subrecipients are prohibited from obligating or
expending project funds (Federal and non-Federal funds) to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or
(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment,
services, or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any
system. As described in Public Law 115-232, section 889, covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies Company
or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
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20
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or
using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected
to, the government of a covered foreign country.
See Public Law 115-232, section 889 for additional information.
Term 39. Human Subjects Research
Research involving human subjects, biospecimens, or identifiable private information
conducted with Department of Energy (DOE) funding is subject to the requirements of DOE
Order 443.1C, Protection of Human Research Subjects, 45 CFR Part 46, Protection of Human
Subjects (subpart A which is referred to as the “Common Rule”), and 10 CFR Part 745, Protection
of Human Subjects.
Federal regulation and the DOE Order require review by an Institutional Review Board (IRB) of
all proposed human subjects research projects. The IRB is an interdisciplinary ethics board
responsible for ensuring that the proposed research is sound and justifies the use of human
subjects or their data; the potential risks to human subjects have been minimized; participation
is voluntary; and clear and accurate information about the study, the benefits and risks of
participating, and how individuals’ data/specimens will be protected/used, is provided to
potential participants for their use in determining whether or not to participate.
The Recipient shall provide the Federal Wide Assurance number identified in item 1 below and
the certification identified in item 2 below to DOE prior to initiation of any project that will
involve interactions with humans in some way (e.g., through surveys); analysis of their
identifiable data (e.g., demographic data and energy use over time); asking individuals to test
devices, products, or materials developed through research; and/or testing of commercially
available devices in buildings/homes in which humans will be present. Note: This list of
examples is illustrative and not all inclusive.
No DOE funded research activity involving human subjects, biospecimens, or identifiable
private information shall be conducted without:
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21
1) A registration and a Federal Wide Assurance of compliance accepted by the Office of
Human Research Protection (OHRP) in the Department of Health and Human Services;
and
2) Certification that the research has been reviewed and approved by an Institutional
Review Board (IRB) provided for in the assurance. IRB review may be accomplished by
the awardee’s institutional IRB; by the Central DOE IRB; or if collaborating with one of
the DOE national laboratories, by the DOE national laboratory IRB.
The Recipient is responsible for ensuring all subrecipients comply and for reporting information
on the project annually to the DOE Human Subjects Research Database (HSRD) at
https://science.osti.gov/HumanSubjects/Human-Subjects-Database/home. Note: If a DOE IRB
is used, no end of year reporting will be needed.
Additional information on the DOE Human Subjects Research Program can be found at:
https://science.osti.gov/ber/human-subjects
Term 40. Fraud, Waste and Abuse
The mission of the DOE Office of Inspector General (OIG) is to strengthen the integrity,
economy and efficiency of DOE’s programs and operations including deterring and detecting
fraud, waste, abuse and mismanagement. The OIG accomplishes this mission primarily through
investigations, audits, and inspections of Department of Energy activities to include grants,
cooperative agreements, loans, and contracts. The OIG maintains a Hotline for reporting
allegations of fraud, waste, abuse, or mismanagement. To report such allegations, please visit
https://www.energy.gov/ig/ig-hotline.
Additionally, the Recipient must be cognizant of the requirements of 2 CFR § 200.113
Mandatory disclosures, which states:
The non-Federal entity or applicant for a Federal award must disclose, in a
timely manner, in writing to the Federal awarding agency or pass-through
entity all violations of Federal criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal award. Non-Federal entities that
have received a Federal award including the term and condition outlined in
appendix XII of 2 CFR Part 200 are required to report certain civil, criminal, or
administrative proceedings to SAM (currently FAPIIS). Failure to make
required disclosures can result in any of the remedies described in § 200.339.
(See also 2 CFR part 180, 31 U.S.C. 3321, and 41 U.S.C. 2313.)
Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements
Term 41. Reporting, Tracking and Segregation of Incurred Costs
Special Terms and Conditions
22
BIL funds can be used in conjunction with other funding, as necessary to complete projects, but
tracking and reporting must be separate to meet the reporting requirements of the BIL and
related Office of Management and Budget (OMB) Guidance. The Recipient must keep separate
records for BIL funds and must ensure those records comply with the requirements of the BIL.
Funding provided through the BIL that is supplemental to an existing grant or cooperative
agreement is one-time funding.
Term 42. Davis-Bacon Requirements
This award is funded under Division D of the Bipartisan Infrastructure Law (BIL). All laborers
and mechanics employed by the recipient, subrecipients, contractors or subcontractors in the
performance of construction, alteration, or repair work in excess of $2,000 on an award funded
directly by or assisted in whole or in part by funds made available under this award shall be
paid wages at rates not less than those prevailing on similar projects in the locality, as
determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code commonly referred to as the “Davis-Bacon Act” (DBA).
Recipients shall provide written assurance acknowledging the DBA requirements for the award
or project and confirming that all of the laborers and mechanics performing construction,
alteration, or repair, through funding under the award are paid or will be paid wages at rates
not less than those prevailing on projects of a character similar in the locality as determined by
Subchapter IV of Chapter 31 of Title 40, United States Code (Davis-Bacon Act).
The Recipient must comply with all of the Davis-Bacon Act requirements, including but not
limited to:
(1) ensuring that the wage determination(s) and appropriate Davis-Bacon clauses
and requirements are flowed down to and incorporated into any applicable
subcontracts.
(2) being responsible for compliance by any subcontractor with the Davis-Bacon
labor standards.
(3) receiving and reviewing certified weekly payrolls submitted by all
subcontractors and subrecipients for accuracy and to identify potential
compliance issues.
(4) maintaining original certified weekly payrolls for 3 years after the completion
of the project and must make those payrolls available to the DOE or the
Department of Labor upon request, as required by 29 CFR 5.6(a)(2).
(5) conducting payroll and job-site reviews for construction work, including
interviews with employees, with such frequency as may be necessary to assure
compliance by its subcontractors and as requested or directed by the DOE.
(6) cooperating with any authorized representative of the Department of Labor
in their inspection of records, interviews with employees, and other actions
undertaken as part of a Department of Labor investigation.
Special Terms and Conditions
23
(7) posting in a prominent and accessible place the wage determination(s) and
Department of Labor Publication: WH-1321, Notice to Employees Working on
Federal or Federally Assisted Construction Projects.
(8) notifying the Contracting Officer of all labor standards issues, including all
complaints regarding incorrect payment of prevailing wages and/or fringe
benefits, received from the recipient, , contractor, or subcontractor employees;
significant labor standards violations, as defined in 29 CFR 5.7; disputes
concerning labor standards pursuant to 29 CFR parts 4, 6, and 8 and as defined in
FAR 52.222-14; disputed labor standards determinations; Department of Labor
investigations; or legal or judicial proceedings related to the labor standards
under this Contract, a subcontract, or subrecipient award.
(9) preparing and submitting to the Contracting Officer, the Office of
Management and Budget Control Number 1910-5165, Davis Bacon Semi-Annual
Labor Compliance Report, by April 21 and October 21 of each year. Form
submittal will be administered through the iBenefits system
(https://doeibenefits2.energy.gov) or its successor system.
The Recipient must undergo Davis-Bacon Act compliance training and must maintain
competency in Davis-Bacon Act compliance. The Contracting Officer will notify the Recipient of
any DOE sponsored Davis-Bacon Act compliance trainings. The Department of Labor offers free
Prevailing Wage Seminars several times a year that meet this requirement, at
https://www.dol.gov/agencies/whd/government-contracts/construction/seminars/events.
The Department of Energy has contracted with, a third-party DBA electronic payroll compliance
software application. The Recipient must ensure the timely electronic submission of weekly
certified payrolls as part of its compliance with the Davis-Bacon Act unless a waiver is granted
to a particular contractor or subcontractor because they are unable or limited in their ability to
use or access the software.
Davis Bacon Act Electronic Certified Payroll Submission Waiver
A waiver must be granted before the award starts. The applicant does not have the right to
appeal SCEP’s decision concerning a waiver request.
For additional guidance on how to comply with the Davis-Bacon provisions and clauses, see
https://www.dol.gov/agencies/whd/government-contracts/construction and
https://www.dol.gov/agencies/whd/government-contracts/protections-for-workers-in-
construction.
Term 43. Buy American Requirement for Infrastructure Projects
*NOTE: Buy American Requirements only apply to awards over $250,000. Please disregard this
section if your total EECBG Program award is less than $250,000.
Special Terms and Conditions
24
A. Definitions
Components are defined as the articles, materials, or supplies
incorporated directly into the end manufactured product(s).
Construction Materials are an article, material, or supply—other than
an item primarily of iron or steel; a manufactured product; cement
and cementitious materials; aggregates such as stone, sand, or gravel;
or aggregate binding agents or additives—that is used in an
infrastructure project and is or consists primarily of non-ferrous
metals, plastic and polymer-based products (including
polyvinylchloride, composite building materials, and polymers used in
fiber optic cables), glass (including optic glass), lumber, drywall,
coatings (paints and stains), optical fiber, clay brick; composite
building materials; or enginSCEPd wood products.
Domestic Content Procurement Preference Requirement- means a
requirement that no amounts made available through a program for
federal financial assistance may be obligated for an infrastructure
project unless—
(A) all iron and steel used in the project are produced in the United
States;
(B) the manufactured products used in the project are produced in the
United States; or
(C) the construction materials used in the project are produced in the
United States.
Also referred to as the Buy America Requirement.
Infrastructure includes, at a minimum, the structures, facilities, and
equipment located in the United States, for: roads, highways, and
bridges; public transportation; dams, ports, harbors, and other
maritime facilities; intercity passenger and freight railroads; freight
and intermodal facilities; airports; water systems, including drinking
water and wastewater systems; electrical transmission facilities and
systems; utilities; broadband infrastructure; and buildings and real
property; and generation, transportation, and distribution of energy -
including electric vehicle (EV) charging.
The term “infrastructure” should be interpreted broadly, and the
definition provided above should be considered as illustrative and not
exhaustive.
Special Terms and Conditions
25
Manufactured Products are items used for an infrastructure project
made up of components that are not primarily of iron or steel;
construction materials; cement and cementitious materials’
aggregates such as stone, sand, or gravel; or aggregate binding agents
or additives.
Primarily of iron or steel means greater than 50% iron or steel,
measured by cost.
Project- means the construction, alteration, maintenance, or repair of
infrastructure in the United States.
Public- The Buy America Requirement does not apply to non-public
infrastructure. For purposes of this guidance, infrastructure should be
considered “public” if it is: (1) publicly owned or (2) privately owned
but utilized primarily for a public purpose. Infrastructure should be
considered to be “utilized primarily for a public purpose” if it is
privately operated on behalf of the public or is a place of public
accommodation.
B. Buy America Requirement
None of the funds provided under this award (federal share or
recipient cost-share) may be used for a project for infrastructure
unless:
1. All iron and steel used in the project is produced in the
United States—this means all manufacturing processes,
from the initial melting stage through the application of
coatings, occurred in the United States;
2. All manufactured products used in the project are
produced in the United States—this means the
manufactured product was manufactured in the United
States; and the cost of the components of the
manufactured product that are mined, produced, or
manufactured in the United States is greater than 55
percent of the total cost of all components of the
manufactured product, unless another standard for
determining the minimum amount of domestic content of
the manufactured product has been established under
applicable law or regulation; and
Special Terms and Conditions
26
3. All construction materials are manufactured in the United
States—this means that all manufacturing processes for the
construction material occurred in the United States.
The Buy America Requirement only applies to articles, materials, and
supplies that are consumed in, incorporated into, or permanently
affixed to an infrastructure project. As such, it does not apply to tools,
equipment, and supplies, such as temporary scaffolding, brought into
the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America Requirement apply to
equipment and furnishings, such as movable chairs, desks, and
portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of the structure or
permanently affixed to the infrastructure project.
Recipients are responsible for administering their award in accordance
with the terms and conditions, including the Buy America
Requirement. The recipient must ensure that the Buy America
Requirement flows down to all subawards and that the subawardees
and subrecipients comply with the Buy America Requirement. The
Buy America Requirement term and condition must be included all
sub-awards, contracts, subcontracts, and purchase orders for work
performed under the infrastructure project.
C. Certification of Compliance
The Recipient must certify or provide equivalent documentation for
proof of compliance that a good faith effort was made to solicit bids
for domestic products used in the infrastructure project under this
Award.
The Recipient must also maintain certifications or equivalent
documentation for proof of compliance that those articles, materials,
and supplies that are consumed in, incorporated into, affixed to, or
otherwise used in the infrastructure project, not covered by a waiver
or exemption, are produced in the United States. The certification or
proof of compliance must be provided by the suppliers or
manufacturers of the iron, steel, manufactured products and
construction materials and flow up from all subawardees, contractors
and vendors to the Recipient. The Recipient must keep these
certifications with the award/project files and be able to produce
them upon request from DOE, auditors or Office of Inspector General.
Special Terms and Conditions
27
D. Waivers
When necessary, the Recipient may apply for, and DOE may grant, a
waiver from the Buy America Requirement. Requests to waive the
application of the Buy America Requirement must be in writing to the
Contracting Officer. Waiver requests are subject to review by DOE and
the Office of Management and Budget, as well as a public comment
period of no less than 15 calendar days.
Waivers must be based on one of the following justifications:
1. Public Interest- Applying the Buy America Requirement would
be inconsistent with the public interest;
2. Non-Availability- The types of iron, steel, manufactured
products, or construction materials are not produced in the
United States in sufficient and reasonably available quantities
or of a satisfactory quality; or
3. Unreasonable Cost- The inclusion of iron, steel, manufactured
products, or construction materials produced in the United
States will increase the cost of the overall project by more than
25 percent.
Requests to waive the Buy America Requirement must include the
following:
• Waiver type (Public Interest, Non-Availability, or Unreasonable
Cost);
• Recipient name and Unique Entity Identifier (UEI);
• Award information (Federal Award Identification Number,
Assistance Listing number);
• A brief description of the project, its location, and the specific
infrastructure involved;
• Total estimated project cost, with estimated federal share and
recipient cost share breakdowns;
• Total estimated infrastructure costs, with estimated federal
share and recipient cost share breakdowns;
• List and description of iron or steel item(s), manufactured
goods, and/or construction material(s) the recipient seeks to
waive from the Buy America Preference, including name, cost,
quantity(ies), country(ies) of origin, and relevant Product
Service Codes (PSC) and North American Industry Classification
System (NAICS) codes for each;
Special Terms and Conditions
28
• A detailed justification as to how the non-domestic item(s)
is/are essential the project;
• A certification that the recipient made a good faith effort to
solicit bids for domestic products supported by terms included
in requests for proposals, contracts, and non-proprietary
communications with potential suppliers;
• A justification statement—based on one of the applicable
justifications outlined above—as to why the listed items
cannot be procured domestically, including the due diligence
performed (e.g., market research, industry outreach, cost
analysis, cost-benefit analysis) by the recipient to attempt to
avoid the need for a waiver. This justification may cite, if
applicable, the absence of any Buy America-compliant bids
received for domestic products in response to a solicitation;
and
• Anticipated impact to the project if no waiver is issued.
The Recipient should consider using the following principles as
minimum requirements contained in their waiver request:
• Time-limited: Consider a waiver constrained principally by a
length of time, rather than by the specific project/award to
which it applies. Waivers of this type may be appropriate, for
example, when an item that is “non-available” is widely used in
the project. When requesting such a waiver, the Recipient
should identify a reasonable, definite time frame (e.g., no more
than one to two years) designed so that the waiver is reviewed
to ensure the condition for the waiver (“non-availability”) has
not changed (e.g., domestic supplies have become more
available).
• Targeted: Waiver requests should apply only to the item(s),
product(s), or material(s) or category(ies) of item(s),
product(s), or material(s) as necessary and justified. Waivers
should not be overly broad as this will undermine domestic
preference policies.
• Conditional: The Recipient may request a waiver with specific
conditions that support the policies of IIJA/BABA and Executive
Order 14017.
DOE may request, and the Recipient must provide, additional
information for consideration of this wavier. DOE may reject or grant
Special Terms and Conditions
29
waivers in whole or in part depending on its review, analysis, and/or
feedback from OMB or the public. DOEs final determination regarding
approval or rejection of the waiver request may not be appealed.
Waiver requests may take up to 90 calendar days to process.
Term 44. Affirmative Action and Pay Transparency Requirements
All federally assisted construction contracts exceeding $10,000 annually will be subject to the
requirements of Executive Order 11246:
(1) Recipients and contractors are prohibited from discriminating in
employment decisions on the basis of race, color, religion, sex, sexual
orientation, gender identity or national origin.
(2) Recipients and contractors are required to take affirmative action to
ensure that equal opportunity is provided in all aspects of their
employment. This includes flowing down the appropriate language to all
subrecipients, contractors and subcontractors.
(3) Recipients and contractors are prohibited from taking adverse
employment actions against applicants and employees for asking about,
discussing, or sharing information about their pay or, under certain
circumstances, the pay of their co-workers.
The Department of Labor’s (DOL) Office of Federal Contractor Compliance Programs (OFCCP)
uses a neutral process to schedule contractors for compliance evaluations. OFCCP’s Technical
Assistance Guide4 should be consulted to gain an understanding of the requirements and
possible actions the recipients, subrecipients, contractors and subcontractors must take.
Term 45. Potentially Duplicative Funding Notice
If the Recipient have or receive any other award of federal funds for activities that potentially
overlap with the activities funded under this Award, the Recipient must promptly notify DOE in
writing of the potential overlap and state whether project funds (i.e., recipient cost share and
federal funds) from any of those other federal awards have been, are being, or are to be used
(in whole or in part) for one or more of the identical cost items under this Award. If there are
identical cost items, the Recipient must promptly notify the DOE Contracting Officer in writing
of the potential duplication and eliminate any inappropriate duplication of funding.
Term 46. Transparency of Foreign Connections
4 See OFCCP’s Technical Assistance Guide at:
https://www.dol.gov/sites/dolgov/files/ofccp/Construction/files/ConstructionTAG.pdf?msclkid=9e397d68c4b111ec9d8e6fecb6c710ec Also see the National Policy Assurances http://www.nsf.gov/awards/managing/rtc.jsp
Special Terms and Conditions
30
During the term of the Award, the Recipient must notify the DOE Contracting Officer within
fifteen (15) business days of learning of the following circumstances in relation to the Recipient
or contractors:
1. The existence of any joint venture or subsidiary that is based in, funded by, or has a
foreign affiliation with any foreign country of risk;
2. Any current or pending contractual or financial obligation or other agreement
specific to a business arrangement, or joint venture-like arrangement with an
enterprise owned by a country of risk or foreign entity based in a country of risk;
3. Any current or pending change in ownership structure of the Recipient or
contractors that increases foreign ownership related to a country of risk;
4. Any current or pending venture capital or institutional investment by an entity that
has a general partner or individual holding a leadership role in such entity who has a
foreign affiliation with any foreign country of risk;
5. Any current or pending technology licensing or intellectual property sales to a
foreign country of risk; and
6. Any current or pending foreign business entity, offshore entity, or entity outside the
United States related to the Recipient or subrecipient.
Term 47. Foreign Collaboration Considerations
a. Consideration of new collaborations with foreign organizations and governments.
The Recipient must provide DOE with advanced written notification of any potential
collaboration with foreign entities, organizations or governments in connection with
its DOE-funded award scope. The Recipient must await further guidance from DOE
prior to contacting the proposed foreign entity, organization or government
regarding the potential collaboration or negotiating the terms of any potential
agreement.
b. Existing collaborations with foreign entities, organizations and governments. The
Recipient must provide DOE with a written list of all existing foreign collaborations in
which has entered in connection with its DOE-funded award scope.
c. Description of collaborations that should be reported: In general, a collaboration will
involve some provision of a thing of value to, or from, the Recipient. A thing of value
includes but may not be limited to all resources made available to, or from, the
recipient in support of and/or related to the Award, regardless of whether or not
they have monetary value. Things of value also may include in-kind contributions
(such as office/laboratory space, data, equipment, supplies, employees, students).
In-kind contributions not intended for direct use on the Award but resulting in
provision of a thing of value from or to the Award must also be reported.
Collaborations do not include routine workshops, conferences, use of the Recipient’s
services and facilities by foreign investigators resulting from its standard published
Special Terms and Conditions
31
process for evaluating requests for access, or the routine use of foreign facilities by
awardee staff in accordance with the Recipient’s standard policies and procedures.
________________________________________________________________
Authorized Signature Date
Name:
Title:
Entity Name:
1
FINAL ALLOCATION OF FUNDS
Office of State and Community Energy Programs (SCEP)
U.S. Department of Energy (DOE)
ATTACHMENT 1A: DOE FORMULA GRANT FUNDING ALLOCATIONS TO LOCAL GOVERNMENTS
FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) PROGRAM
This document presents the final formula grant funding allocations by Local Government (Table 1a) for
the EECBG Program - Sec. 40552(b) of the Infrastructure Investment and Jobs Act (IIJA) of 2021.
Table 1a. FINAL EECBG Program Formula Grant Funding Allocations to Local Governments
Listed Alphabetically by State and Local Government
# State/Territory Entity Name Level of
Government Allocation
Total (Local Governments) $299,200,000
1 AK Aleutians East County $75,120
2 AK Fairbanks North Star County $77,080
3 AK Haines County $75,080
4 AK Kenai Peninsula County $76,770
5 AK Ketchikan Gateway County $75,180
6 AK Kodiak Island County $75,250
7 AK Matanuska-Susitna County $77,960
8 AK North Slope County $75,430
9 AK Northwest Arctic County $75,270
10 AK Petersburg County $75,120
11 AK Anchorage City $300,250
12 AK Bethel City $75,220
13 AK Fairbanks City $76,260
14 AK Juneau, City and Borough of City $76,130
15 AK Kenai City $75,270
16 AK Ketchikan City $75,300
17 AK Kodiak City $75,210
18 AK Palmer City $75,250
19 AK Sitka City $75,300
20 AK Wasilla City $75,390
21 AL Baldwin County $246,150
22 AL Calhoun County $79,030
23 AL Etowah County $78,540
24 AL Jefferson County $348,100
25 AL Lee County $78,040
2
# State/Territory Entity Name Level of
Government Allocation
26 AL Madison County $79,430
27 AL Marshall County $78,390
28 AL Mobile County $239,310
29 AL Shelby County $81,530
30 AL Tuscaloosa County $79,010
31 AL Auburn City $131,740
32 AL Birmingham City $252,880
33 AL Decatur City $120,360
34 AL Dothan City $132,400
35 AL Florence City $76,520
36 AL Hoover City $144,130
37 AL Huntsville City $247,820
38 AL Madison City $116,470
39 AL Mobile City $229,820
40 AL Montgomery City $236,570
41 AL Phenix City City $76,270
42 AL Prattville City $76,260
43 AL Tuscaloosa City $158,340
44 AL Vestavia Hills City $76,300
45 AR Benton County $79,920
46 AR Crawford County $77,050
47 AR Faulkner County $76,890
48 AR Garland County $77,030
49 AR Lonoke County $77,380
50 AR Pope County $77,230
51 AR Pulaski County $79,400
52 AR Saline County $77,800
53 AR Washington County $77,520
54 AR White County $77,650
55 AR Benton City $76,200
56 AR Bentonville City $121,190
57 AR Conway City $125,490
58 AR Fayetteville City $148,500
59 AR Fort Smith City $148,220
60 AR Hot Springs City $76,460
61 AR Jonesboro City $137,970
62 AR Little Rock City $245,540
63 AR North Little Rock City $128,080
3
# State/Territory Entity Name Level of
Government Allocation
64 AR Pine Bluff City $76,490
65 AR Rogers City $129,880
66 AR Springdale City $139,790
67 AZ Apache County $77,340
68 AZ Cochise County $77,740
69 AZ Coconino County $77,340
70 AZ Maricopa County $378,940
71 AZ Mohave County $78,940
72 AZ Navajo County $78,750
73 AZ Pima County $368,820
74 AZ Pinal County $273,780
75 AZ Yavapai County $79,820
76 AZ Yuma County $77,550
77 AZ Apache Junction City $76,310
78 AZ Avondale City $138,310
79 AZ Buckeye City $137,550
80 AZ Bullhead City City $76,400
81 AZ Casa Grande City $117,470
82 AZ Chandler City $283,790
83 AZ El Mirage City $76,130
84 AZ Flagstaff City $133,940
85 AZ Gilbert, Town of City $266,640
86 AZ Glendale City $259,960
87 AZ Goodyear City $144,130
88 AZ Lake Havasu City City $117,650
89 AZ Marana, Town of City $113,010
90 AZ Maricopa City $115,350
91 AZ Mesa City $449,620
92 AZ Oro Valley, Town of City $76,610
93 AZ Peoria City $210,950
94 AZ Phoenix City $1,340,660
95 AZ Prescott City $76,750
96 AZ Prescott Valley, Town of City $76,570
97 AZ Queen Creek, Town of City $116,990
98 AZ San Luis City $76,150
99 AZ Scottsdale City $279,950
100 AZ Sierra Vista City $76,620
101 AZ Surprise City $178,140
4
# State/Territory Entity Name Level of
Government Allocation
102 AZ Tempe City $236,650
103 AZ Tucson City $504,750
104 AZ Yuma City $150,960
105 CA Contra Costa County $356,510
106 CA Fresno County $336,680
107 CA Kern County $422,980
108 CA Los Angeles County $1,344,700
109 CA Monterey County $287,340
110 CA Orange County $299,440
111 CA Riverside County $477,090
112 CA Sacramento County $539,610
113 CA San Bernardino County $393,590
114 CA San Diego County $526,750
115 CA San Joaquin County $235,280
116 CA San Luis Obispo County $251,850
117 CA San Mateo County $330,430
118 CA Santa Barbara County $231,840
119 CA Sonoma County $233,790
120 CA Stanislaus County $232,020
121 CA Tulare County $227,670
122 CA Adelanto City $76,240
123 CA Alameda City $133,250
124 CA Alhambra City $136,380
125 CA Aliso Viejo City $113,160
126 CA Anaheim City $344,830
127 CA Antioch City $156,140
128 CA Apple Valley, Town of City $130,740
129 CA Arcadia City $119,080
130 CA Azusa City $112,520
131 CA Bakersfield City $379,310
132 CA Baldwin Park City $127,900
133 CA Beaumont City $112,240
134 CA Bell Gardens City $76,310
135 CA Bellflower City $130,040
136 CA Berkeley City $174,290
137 CA Brea City $76,870
138 CA Brentwood City $121,550
139 CA Buena Park City $137,750
5
# State/Territory Entity Name Level of
Government Allocation
140 CA Burbank City $167,020
141 CA Calexico City $76,300
142 CA Camarillo City $129,470
143 CA Campbell City $76,540
144 CA Carlsbad City $168,480
145 CA Carson City $150,080
146 CA Cathedral City City $112,920
147 CA Ceres City $76,660
148 CA Cerritos City $76,840
149 CA Chico City $153,350
150 CA Chino City $147,470
151 CA Chino Hills City $131,350
152 CA Chula Vista City $271,850
153 CA Citrus Heights City $137,060
154 CA Claremont City $76,300
155 CA Clovis City $161,730
156 CA Coachella City $76,350
157 CA Colton City $116,230
158 CA Compton City $146,080
159 CA Concord City $170,110
160 CA Corona City $197,940
161 CA Costa Mesa City $166,550
162 CA Covina City $113,100
163 CA Culver City City $76,710
164 CA Cupertino City $125,790
165 CA Cypress City $114,160
166 CA Daly City City $146,620
167 CA Danville, Town of City $76,480
168 CA Davis City $124,540
169 CA Delano City $114,850
170 CA Diamond Bar City $114,980
171 CA Downey City $160,140
172 CA Dublin City $127,230
173 CA Eastvale City $123,670
174 CA El Cajon City $155,020
175 CA El Centro City $76,600
176 CA El Monte City $157,090
177 CA Elk Grove City $201,410
6
# State/Territory Entity Name Level of
Government Allocation
178 CA Encinitas City $122,780
179 CA Escondido City $187,670
180 CA Fairfield City $164,990
181 CA Folsom City $139,040
182 CA Fontana City $230,640
183 CA Fountain Valley City $119,070
184 CA Fremont City $254,040
185 CA Fresno City $494,390
186 CA Fullerton City $183,850
187 CA Garden Grove City $199,300
188 CA Gardena City $122,410
189 CA Gilroy City $118,490
190 CA Glendale City $227,620
191 CA Glendora City $114,050
192 CA Hanford City $118,530
193 CA Hawthorne City $139,570
194 CA Hayward City $197,040
195 CA Hemet City $141,750
196 CA Hesperia City $147,140
197 CA Highland City $115,100
198 CA Hollister City $76,350
199 CA Huntington Beach City $221,630
200 CA Huntington Park City $115,290
201 CA Indio City $140,950
202 CA Inglewood City $153,020
203 CA Irvine City $333,830
204 CA Jurupa Valley City $152,660
205 CA La Habra City $119,850
206 CA La Mesa City $120,950
207 CA La Mirada City $76,610
208 CA La Puente City $76,260
209 CA La Quinta City $76,320
210 CA Laguna Niguel City $121,870
211 CA Lake Elsinore City $125,030
212 CA Lake Forest City $139,450
213 CA Lakewood City $132,670
214 CA Lancaster City $203,200
215 CA Lincoln City $76,610
7
# State/Territory Entity Name Level of
Government Allocation
216 CA Livermore City $144,230
217 CA Lodi City $125,810
218 CA Lompoc City $76,480
219 CA Long Beach City $423,290
220 CA Los Angeles City $3,114,200
221 CA Los Banos City $76,450
222 CA Lynwood City $123,660
223 CA Madera City $124,630
224 CA Manhattan Beach City $76,300
225 CA Manteca City $135,340
226 CA Martinez City $76,300
227 CA Menifee City $146,570
228 CA Merced City $140,760
229 CA Milpitas City $137,730
230 CA Mission Viejo City $144,870
231 CA Modesto City $241,720
232 CA Monrovia City $76,310
233 CA Montclair City $76,320
234 CA Montebello City $121,520
235 CA Monterey Park City $121,150
236 CA Moorpark City $76,200
237 CA Moreno Valley City $226,600
238 CA Morgan Hill City $76,540
239 CA Mountain View City $148,010
240 CA Murrieta City $157,040
241 CA Napa City $134,780
242 CA National City City $117,750
243 CA Newark City $76,660
244 CA Newport Beach City $149,950
245 CA Norwalk City $149,530
246 CA Novato City $114,990
247 CA Oakland City $405,710
248 CA Oakley City $76,340
249 CA Oceanside City $201,650
250 CA Ontario City $218,330
251 CA Orange City $189,950
252 CA Oxnard City $224,240
253 CA Pacifica City $76,200
8
# State/Territory Entity Name Level of
Government Allocation
254 CA Palm Desert City $118,040
255 CA Palm Springs City $76,770
256 CA Palmdale City $197,390
257 CA Palo Alto City $141,790
258 CA Paramount City $114,940
259 CA Pasadena City $193,560
260 CA Perris City $134,320
261 CA Petaluma City $121,440
262 CA Pico Rivera City $120,010
263 CA Pittsburg City $128,250
264 CA Placentia City $112,350
265 CA Pleasanton City $140,450
266 CA Pomona City $188,070
267 CA Porterville City $121,930
268 CA Poway City $76,830
269 CA Rancho Cordova City $138,900
270 CA Rancho Cucamonga City $207,660
271 CA Rancho Palos Verdes City $76,370
272 CA Rancho Santa Margarita City $76,570
273 CA Redding City $149,160
274 CA Redlands City $133,300
275 CA Redondo Beach City $127,820
276 CA Redwood City City $142,550
277 CA Rialto City $151,580
278 CA Richmond City $160,550
279 CA Riverside City $325,070
280 CA Rocklin City $127,710
281 CA Rohnert Park City $76,440
282 CA Rosemead City $113,300
283 CA Roseville City $190,900
284 CA Sacramento City $493,300
285 CA Salinas City $195,530
286 CA San Bernardino City $249,590
287 CA San Bruno City $76,430
288 CA San Buenaventura (Ventura) City $161,680
289 CA San Clemente City $123,390
290 CA San Diego City $1,185,290
291 CA San Francisco City $796,610
9
# State/Territory Entity Name Level of
Government Allocation
292 CA San Gabriel City $76,330
293 CA San Jacinto City $112,830
294 CA San Jose City $834,110
295 CA San Juan Capistrano City $76,220
296 CA San Leandro City $143,300
297 CA San Luis Obispo City $76,790
298 CA San Marcos City $146,690
299 CA San Mateo City $155,720
300 CA San Rafael City $123,900
301 CA San Ramon City $140,000
302 CA Santa Ana City $315,020
303 CA Santa Barbara City $146,330
304 CA Santa Clara City $183,290
305 CA Santa Clarita City $240,550
306 CA Santa Cruz City $125,770
307 CA Santa Maria City $158,930
308 CA Santa Monica City $157,730
309 CA Santa Rosa City $210,570
310 CA Santee City $118,300
311 CA Simi Valley City $166,670
312 CA South Gate City $142,040
313 CA South San Francisco City $129,470
314 CA Stanton City $76,230
315 CA Stockton City $316,310
316 CA Sunnyvale City $199,020
317 CA Temecula City $161,250
318 CA Temple City City $76,170
319 CA Thousand Oaks City $174,360
320 CA Torrance City $194,870
321 CA Tracy City $144,040
322 CA Tulare City $125,790
323 CA Turlock City $130,380
324 CA Tustin City $136,890
325 CA Union City City $128,020
326 CA Upland City $134,030
327 CA Vacaville City $151,450
328 CA Vallejo City $164,850
329 CA Victorville City $173,590
10
# State/Territory Entity Name Level of
Government Allocation
330 CA Visalia City $182,320
331 CA Vista City $148,840
332 CA Walnut Creek City $133,700
333 CA Watsonville City $115,420
334 CA West Covina City $153,050
335 CA West Hollywood City $76,330
336 CA West Sacramento City $118,520
337 CA Westminster City $140,430
338 CA Whittier City $140,540
339 CA Wildomar City $76,180
340 CA Woodland City $120,960
341 CA Yorba Linda City $124,310
342 CA Yuba City City $127,270
343 CA Yucaipa City $113,510
344 CO Adams County $79,130
345 CO Arapahoe County $80,830
346 CO Boulder County $79,250
347 CO Douglas County $241,260
348 CO El Paso County $259,440
349 CO Garfield County $77,080
350 CO Jefferson County $269,410
351 CO Larimer County $78,670
352 CO Mesa County $77,900
353 CO Weld County $231,790
354 CO Arvada City $163,520
355 CO Aurora City $360,800
356 CO Boulder City $168,680
357 CO Brighton City $76,340
358 CO Broomfield City $131,980
359 CO Castle Rock, Town of City $126,840
360 CO Centennial City $160,860
361 CO Colorado Springs City $443,290
362 CO Commerce City City $121,660
363 CO Denver City $655,720
364 CO Fort Collins City $206,680
365 CO Grand Junction City $129,430
366 CO Greeley City $158,860
367 CO Lakewood City $194,050
11
# State/Territory Entity Name Level of
Government Allocation
368 CO Littleton City $76,680
369 CO Longmont City $148,550
370 CO Loveland City $134,880
371 CO Northglenn City $76,220
372 CO Parker, Town of City $118,000
373 CO Pueblo City $161,870
374 CO Thornton City $174,930
375 CO Westminster City $159,970
376 CT Bridgeport City $183,780
377 CT Bristol City $119,770
378 CT Danbury City $141,240
379 CT East Hartford, Town of City $114,380
380 CT Enfield, Town of City $76,470
381 CT Fairfield, Town of City $122,250
382 CT Glastonbury, Town of City $76,210
383 CT Greenwich, Town of City $125,290
384 CT Groton, Town of City $76,460
385 CT Hamden, Town of City $119,730
386 CT Hartford City $180,030
387 CT Manchester, Town of City $119,500
388 CT Meriden City $119,600
389 CT Middletown City $76,720
390 CT Milford, Town of City $115,020
391 CT New Britain City $129,710
392 CT New Haven City $184,070
393 CT Norwalk City $144,160
394 CT Norwich City $76,370
395 CT Shelton City $76,470
396 CT Southington, Town of City $76,460
397 CT Stamford City $178,910
398 CT Stratford, Town of City $114,970
399 CT Torrington City $76,200
400 CT Trumbull, Town of City $76,260
401 CT Wallingford, Town of City $76,590
402 CT Waterbury City $159,690
403 CT West Hartford, Town of City $123,890
404 CT West Haven City $115,320
405 DE Kent County $79,060
12
# State/Territory Entity Name Level of
Government Allocation
406 DE New Castle County $403,310
407 DE Sussex County $227,920
408 DE Dover City $76,570
409 DE Elsmere, Town of City $75,200
410 DE Georgetown, Town of City $75,300
411 DE Middletown, Town of City $75,810
412 DE Milford City $75,440
413 DE Millsboro, Town of City $75,250
414 DE Newark City $76,220
415 DE Seaford City $75,320
416 DE Smyrna, Town of City $75,420
417 DE Wilmington City $135,280
418 FL Brevard County $340,910
419 FL Clay County $231,710
420 FL Collier County $365,750
421 FL Escambia County $276,780
422 FL Hillsborough County $831,960
423 FL Lake County $322,790
424 FL Lee County $368,980
425 FL Manatee County $327,640
426 FL Marion County $299,300
427 FL Miami-Dade County $1,134,700
428 FL Okaloosa County $238,090
429 FL Orange County $807,430
430 FL Osceola County $253,060
431 FL Palm Beach County $652,450
432 FL Pasco County $484,970
433 FL Pinellas County $384,470
434 FL Polk County $481,240
435 FL Sarasota County $309,280
436 FL Seminole County $287,440
437 FL St. Johns County $275,490
438 FL Volusia County $255,830
439 FL Altamonte Springs City $76,660
440 FL Apopka City $114,500
441 FL Aventura City $76,470
442 FL Boca Raton City $166,480
443 FL Bonita Springs City $116,540
13
# State/Territory Entity Name Level of
Government Allocation
444 FL Boynton Beach City $134,990
445 FL Bradenton City $120,510
446 FL Cape Coral City $214,130
447 FL Clearwater City $169,090
448 FL Clermont City $76,440
449 FL Coconut Creek City $116,970
450 FL Coral Gables City $77,040
451 FL Coral Springs City $172,940
452 FL Cutler Bay, Town of City $76,430
453 FL Davie, Town of City $155,750
454 FL Daytona Beach City $135,860
455 FL Deerfield Beach City $141,090
456 FL DeLand City $76,370
457 FL Delray Beach City $128,640
458 FL Deltona City $139,630
459 FL Doral City $140,950
460 FL Dunedin City $76,240
461 FL Estero, Village of City $76,270
462 FL Fort Lauderdale City $233,060
463 FL Fort Myers City $149,880
464 FL Fort Pierce City $76,720
465 FL Gainesville City $189,820
466 FL Greenacres City $76,380
467 FL Hallandale Beach City $76,390
468 FL Hialeah City $241,570
469 FL Hollywood City $191,390
470 FL Homestead City $132,180
471 FL Jacksonville City $845,350
472 FL Jupiter, Town of City $123,670
473 FL Kissimmee City $135,670
474 FL Lake Worth Beach City $76,410
475 FL Lakeland City $172,390
476 FL Largo City $140,740
477 FL Lauderdale Lakes City $76,160
478 FL Lauderhill City $126,660
479 FL Margate City $116,820
480 FL Melbourne City $146,130
481 FL Miami City $477,720
14
# State/Territory Entity Name Level of
Government Allocation
482 FL Miami Beach City $144,110
483 FL Miami Gardens City $155,250
484 FL Miramar City $173,180
485 FL North Lauderdale City $76,390
486 FL North Miami City $118,710
487 FL North Miami Beach City $76,420
488 FL North Port City $127,390
489 FL Oakland Park City $76,520
490 FL Ocala City $132,740
491 FL Ocoee City $76,560
492 FL Orlando City $354,540
493 FL Ormond Beach City $76,530
494 FL Oviedo City $76,330
495 FL Palm Bay City $160,090
496 FL Palm Beach Gardens City $123,090
497 FL Palm Coast City $140,020
498 FL Pembroke Pines City $199,350
499 FL Pensacola City $122,770
500 FL Pinellas Park City $118,390
501 FL Plant City City $76,400
502 FL Plantation City $144,340
503 FL Pompano Beach City $164,630
504 FL Port Orange City $120,970
505 FL Port St. Lucie City $221,010
506 FL Riviera Beach City $76,320
507 FL Royal Palm Beach, Village of City $76,270
508 FL Sanford City $123,420
509 FL Sarasota City $125,110
510 FL St. Cloud City $116,940
511 FL St. Petersburg City $275,510
512 FL Sunrise City $149,460
513 FL Tallahassee City $235,360
514 FL Tamarac City $125,590
515 FL Tampa City $413,280
516 FL Titusville City $76,680
517 FL Wellington, Village of City $121,610
518 FL West Palm Beach City $174,630
519 FL Weston City $127,090
15
# State/Territory Entity Name Level of
Government Allocation
520 FL Winter Garden City $76,560
521 FL Winter Haven City $76,800
522 FL Winter Springs City $76,200
523 GA Cherokee County $239,330
524 GA Clayton County $297,940
525 GA Cobb County $557,290
526 GA Columbia County $80,090
527 GA DeKalb County $457,680
528 GA Forsyth County $259,710
529 GA Gwinnett County $752,900
530 GA Hall County $80,290
531 GA Henry County $249,580
532 GA Paulding County $80,370
533 GA Albany City $131,480
534 GA Alpharetta City $138,600
535 GA Athens-Clarke, Unified Government of City $177,160
536 GA Atlanta City $528,330
537 GA
Augusta-Richmond, Consolidated Government
of City $241,400
538 GA Brookhaven City $116,800
539 GA Columbus City $236,000
540 GA Dunwoody City $116,840
541 GA East Point City $76,290
542 GA Gainesville City $76,780
543 GA Johns Creek City $136,030
544 GA Macon City $198,870
545 GA Marietta City $132,490
546 GA Milton City $76,350
547 GA Newnan City $76,470
548 GA Peachtree City City $76,390
549 GA Peachtree Corners City $76,610
550 GA Rome City $76,460
551 GA Roswell City $147,480
552 GA Sandy Springs City $166,910
553 GA Savannah City $199,050
554 GA Smyrna City $116,410
555 GA South Fulton City $152,310
556 GA Stonecrest City $117,060
557 GA Tucker City $76,430
16
# State/Territory Entity Name Level of
Government Allocation
558 GA Valdosta City $121,120
559 GA Warner Robins City $135,070
560 GA Woodstock City $76,200
561 HI Hawaii County $228,640
562 HI Honolulu County $844,500
563 HI Kauai County $77,540
564 HI Maui County $80,750
565 IA Cerro Gordo County $76,530
566 IA Clinton County $76,610
567 IA Dallas County $77,020
568 IA Dubuque County $76,330
569 IA Johnson County $77,580
570 IA Linn County $76,710
571 IA Marshall County $76,390
572 IA Muscatine County $76,520
573 IA Polk County $79,550
574 IA Warren County $76,660
575 IA Ames City $128,040
576 IA Ankeny City $124,300
577 IA Bettendorf City $76,290
578 IA Cedar Falls City $76,450
579 IA Cedar Rapids City $185,610
580 IA Council Bluffs City $122,870
581 IA Davenport City $155,580
582 IA Des Moines City $245,640
583 IA Dubuque City $123,070
584 IA Iowa City City $136,380
585 IA Marion City $76,340
586 IA Sioux City City $140,390
587 IA Urbandale City $76,590
588 IA Waterloo City $129,180
589 IA West Des Moines City $131,740
590 ID Ada County $79,620
591 ID Bingham County $76,610
592 ID Bonner County $76,600
593 ID Bonneville County $76,930
594 ID Canyon County $77,320
595 ID Jefferson County $76,010
17
# State/Territory Entity Name Level of
Government Allocation
596 ID Kootenai County $77,580
597 ID Latah County $76,350
598 ID Nez Perce County $76,480
599 ID Twin Falls County $76,250
600 ID Boise City City $263,780
601 ID Caldwell City $119,140
602 ID Coeur d'Alene City $117,700
603 ID Idaho Falls City $127,230
604 ID Meridian City $162,570
605 ID Nampa City $150,180
606 ID Pocatello City $118,810
607 ID Post Falls City $76,280
608 ID Rexburg City $76,280
609 ID Twin Falls City $115,570
610 IL Cook County $1,072,210
611 IL DuPage County $449,660
612 IL Kane County $286,090
613 IL Lake County $532,900
614 IL Madison County $273,700
615 IL McHenry County $269,860
616 IL St. Clair County $235,430
617 IL Tazewell County $79,520
618 IL Will County $317,610
619 IL Winnebago County $79,530
620 IL Addison, Village of City $76,300
621 IL Arlington Heights, Village of City $133,720
622 IL Aurora City $211,320
623 IL Bartlett, Village of City $76,310
624 IL Belleville City $76,500
625 IL Berwyn City $114,870
626 IL Bloomington City $138,240
627 IL Bolingbrook, Village of City $131,770
628 IL Buffalo Grove, Village of City $76,460
629 IL Calumet City City $76,180
630 IL Carol Stream, Village of City $76,420
631 IL Carpentersville, Village of City $76,200
632 IL Champaign City $144,960
633 IL Chicago City $2,207,610
18
# State/Territory Entity Name Level of
Government Allocation
634 IL Cicero, Town of City $134,860
635 IL Crystal Lake City $76,420
636 IL Decatur City $131,690
637 IL DeKalb City $76,410
638 IL Des Plaines City $123,530
639 IL Downers Grove, Village of City $117,090
640 IL Elgin City $162,280
641 IL Elmhurst City $76,690
642 IL Evanston City $136,420
643 IL Glenview, Village of City $76,820
644 IL Hanover Park, Village of City $76,200
645 IL Hoffman Estates, Village of City $114,480
646 IL Joliet City $187,350
647 IL Lombard, Village of City $76,600
648 IL Moline City $76,520
649 IL Mount Prospect, Village of City $116,860
650 IL Naperville City $191,690
651 IL Normal, Town of City $115,180
652 IL Northbrook, Village of City $76,390
653 IL Oak Lawn, Village of City $118,340
654 IL Oak Park, Village of City $114,770
655 IL Orland Park, Village of City $119,480
656 IL Palatine, Village of City $124,440
657 IL Park Ridge City $76,360
658 IL Peoria City $166,910
659 IL Plainfield, Village of City $76,500
660 IL Quincy City $76,450
661 IL Rock Island City $76,310
662 IL Rockford City $194,270
663 IL Romeoville, Village of City $76,390
664 IL Schaumburg, Village of City $140,980
665 IL Skokie, Village of City $127,120
666 IL Springfield City $170,500
667 IL Streamwood, Village of City $76,250
668 IL Tinley Park, Village of City $115,960
669 IL Urbana City $76,520
670 IL Waukegan City $141,100
671 IL Wheaton City $115,730
19
# State/Territory Entity Name Level of
Government Allocation
672 IL Wheeling, Village of City $76,360
673 IN Allen County $79,000
674 IN Elkhart County $80,390
675 IN Hancock County $77,620
676 IN Hendricks County $80,860
677 IN Johnson County $78,180
678 IN Kosciusko County $77,790
679 IN Lake County $307,890
680 IN LaPorte County $78,820
681 IN Porter County $79,580
682 IN St. Joseph County $78,920
683 IN Anderson City $117,520
684 IN Bloomington City $141,730
685 IN Carmel City $153,650
686 IN Columbus City $117,430
687 IN Elkhart City $121,080
688 IN Evansville City $172,120
689 IN Fishers City $146,540
690 IN Fort Wayne City $281,950
691 IN Gary City $129,280
692 IN Greenwood City $122,730
693 IN Hammond City $133,260
694 IN Indianapolis City $787,040
695 IN Jeffersonville City $76,770
696 IN Kokomo City $122,580
697 IN Lafayette City $134,590
698 IN Lawrence City $76,690
699 IN Merrillville, Town of City $76,300
700 IN Mishawaka City $115,070
701 IN Muncie City $127,260
702 IN New Albany City $76,360
703 IN Noblesville City $125,610
704 IN Portage City $76,280
705 IN Richmond City $76,330
706 IN South Bend City $157,480
707 IN Terre Haute City $123,690
708 IN West Lafayette City $76,750
709 IN Westfield City $76,500
20
# State/Territory Entity Name Level of
Government Allocation
710 KS Butler County $77,230
711 KS Cowley County $76,200
712 KS Crawford County $76,360
713 KS Finney County $76,320
714 KS Ford County $76,190
715 KS Geary County $76,320
716 KS Johnson County $80,080
717 KS Leavenworth County $76,440
718 KS Sedgwick County $79,350
719 KS Shawnee County $76,710
720 KS Hutchinson City $76,430
721 KS Kansas City City $197,600
722 KS Lawrence City $147,530
723 KS Leavenworth City $76,340
724 KS Lenexa City $123,700
725 KS Manhattan City $117,730
726 KS Olathe City $180,830
727 KS Overland Park City $231,030
728 KS Salina City $76,650
729 KS Shawnee City $122,950
730 KS Topeka City $176,910
731 KS Wichita City $381,670
732 KY Boone County $78,710
733 KY Bullitt County $77,720
734 KY Campbell County $78,090
735 KY Hardin County $77,630
736 KY Kenton County $79,220
737 KY Laurel County $77,190
738 KY McCracken County $77,450
739 KY Oldham County $77,210
740 KY Pulaski County $77,280
741 KY Warren County $76,960
742 KY Bowling Green City $135,720
743 KY Covington City $76,440
744 KY Elizabeth, Town of City $76,250
745 KY Florence City $76,230
746 KY Georgetown City $76,340
747 KY Hopkinsville City $76,180
21
# State/Territory Entity Name Level of
Government Allocation
748 KY
Lexington-Fayette, Urban County Government
of City $329,300
749 KY
Louisville/Jefferson, Metropolitan Government
of City $690,810
750 KY Owensboro City $123,460
751 KY Richmond City $76,280
752 LA Ascension County $79,260
753 LA Calcasieu County $79,460
754 LA Jefferson County $359,040
755 LA Lafourche County $78,330
756 LA Livingston County $79,590
757 LA Ouachita County $78,700
758 LA Rapides County $77,830
759 LA St. Landry County $77,820
760 LA St. Tammany County $271,950
761 LA Tangipahoa County $79,540
762 LA Alexandria City $76,750
763 LA Baton Rouge City $432,850
764 LA Bossier City City $126,320
765 LA Houma City $76,230
766 LA Kenner City $124,990
767 LA Lafayette City $266,390
768 LA Lake Charles City $142,110
769 LA Monroe City $76,890
770 LA New Orleans City $381,470
771 LA Shreveport City $224,220
772 MA Barnstable County $81,070
773 MA Amherst, Town of City $76,440
774 MA Andover, Town of City $76,430
775 MA Arlington, Town of City $76,470
776 MA Attleboro City $76,560
777 MA Barnstable, Town of City $76,690
778 MA Beverly City $76,510
779 MA Billerica, Town of City $76,490
780 MA Boston City $659,990
781 MA Braintree, Town of City $76,390
782 MA Brockton City $151,670
783 MA Brookline, Town of City $120,650
784 MA Cambridge City $182,140
22
# State/Territory Entity Name Level of
Government Allocation
785 MA Chelmsford, Town of City $76,320
786 MA Chelsea City $76,360
787 MA Chicopee City $116,600
788 MA Everett City $76,560
789 MA Fall River City $145,730
790 MA Fitchburg City $76,400
791 MA Framingham City $132,170
792 MA Haverhill City $123,100
793 MA Holyoke City $76,420
794 MA Lawrence City $139,690
795 MA Leominster City $76,490
796 MA Lowell City $159,570
797 MA Lynn City $145,930
798 MA Malden City $120,570
799 MA Marlborough City $76,570
800 MA Medford City $117,420
801 MA Methuen, Town of City $112,740
802 MA Natick, Town of City $76,340
803 MA New Bedford City $148,890
804 MA Newton City $145,080
805 MA Peabody City $115,700
806 MA Pittsfield City $76,570
807 MA Plymouth, Town of City $121,930
808 MA Quincy City $149,380
809 MA Revere City $116,740
810 MA Salem City $76,490
811 MA Shrewsbury, Town of City $76,290
812 MA Somerville City $131,920
813 MA Springfield City $197,920
814 MA Taunton City $119,000
815 MA Waltham City $129,590
816 MA Watertown City $76,220
817 MA Westfield City $76,430
818 MA Weymouth, Town of City $117,020
819 MA Woburn City $76,570
820 MA Worcester City $232,230
821 MD Anne Arundel County $488,150
822 MD Baltimore County $712,040
23
# State/Territory Entity Name Level of
Government Allocation
823 MD Carroll County $80,670
824 MD Charles County $80,380
825 MD Frederick County $81,250
826 MD Harford County $266,890
827 MD Howard County $326,870
828 MD Montgomery County $764,010
829 MD Prince George's County $681,220
830 MD St. Mary's County $78,910
831 MD Annapolis City $76,480
832 MD Baltimore City $549,550
833 MD Bowie City $117,040
834 MD College Park City $76,350
835 MD Frederick City $137,000
836 MD Gaithersburg City $130,110
837 MD Hagerstown City $76,550
838 MD Laurel City $76,020
839 MD Rockville City $134,050
840 MD Salisbury City $76,290
841 ME Androscoggin County $76,570
842 ME Aroostook County $77,330
843 ME Cumberland County $79,760
844 ME Hancock County $76,920
845 ME Kennebec County $79,330
846 ME Knox County $76,420
847 ME Oxford County $76,950
848 ME Penobscot County $79,010
849 ME Somerset County $76,720
850 ME York County $80,520
851 ME Auburn City $75,880
852 ME Bangor City $76,320
853 ME Biddeford City $75,790
854 ME Brunswick, Town of City $75,800
855 ME Lewiston City $76,350
856 ME Portland City $133,250
857 ME Sanford City $75,730
858 ME Scarborough, Town of City $75,810
859 ME South Portland City $75,990
860 ME Westbrook City $75,730
24
# State/Territory Entity Name Level of
Government Allocation
861 MI Genesee County $283,080
862 MI Jackson County $80,490
863 MI Kent County $326,600
864 MI Livingston County $81,390
865 MI Macomb County $81,190
866 MI Monroe County $80,090
867 MI Oakland County $434,190
868 MI Ottawa County $229,720
869 MI St. Clair County $80,370
870 MI Wayne County $487,490
871 MI Ann Arbor City $182,360
872 MI Battle Creek City $118,280
873 MI Bloomfield, Charter Township of City $76,510
874 MI Canton, Charter Township of City $145,160
875 MI Chesterfield, Township of City $76,500
876 MI Clinton, Charter Township of City $149,860
877 MI Commerce, Charter Township of City $76,430
878 MI Dearborn City $166,370
879 MI Dearborn Heights City $118,960
880 MI Detroit City $582,030
881 MI East Lansing City $76,850
882 MI Farmington Hills City $140,530
883 MI Flint City $144,050
884 MI Georgetown, Charter Township of City $112,810
885 MI Grand Blanc, Charter Township of City $76,340
886 MI Grand Rapids City $235,280
887 MI Holland, Charter Township of City $76,380
888 MI Independence, Charter Township of City $76,200
889 MI Kalamazoo City $135,750
890 MI Kentwood City $118,670
891 MI Lansing City $168,150
892 MI Lincoln Park City $76,260
893 MI Livonia City $155,220
894 MI Macomb, Township of City $138,090
895 MI Meridian, Charter Township of City $76,480
896 MI Midland City $76,620
897 MI Muskegon City $76,450
898 MI Novi City $126,900
25
# State/Territory Entity Name Level of
Government Allocation
899 MI Orion, Charter Township of City $76,300
900 MI Pittsfield, Charter Township of City $76,400
901 MI Pontiac City $123,740
902 MI Portage City $76,800
903 MI Redford, Charter Township of City $76,600
904 MI Rochester Hills City $131,400
905 MI Roseville City $76,600
906 MI Royal Oak City $119,370
907 MI Saginaw City $76,670
908 MI Saginaw, Charter Township of City $76,420
909 MI Shelby, Charter Township of City $133,950
910 MI Southfield City $142,010
911 MI St. Clair Shores City $117,070
912 MI Sterling Heights City $176,580
913 MI Taylor City $122,780
914 MI Troy City $153,850
915 MI Warren City $187,140
916 MI Waterford, Charter Township of City $126,150
917 MI West Bloomfield, Charter Township of City $122,750
918 MI Westland City $135,220
919 MI Wyoming City $133,940
920 MI Ypsilanti, Charter Township of City $113,970
921 MN Anoka County $240,860
922 MN Carver County $78,560
923 MN Dakota County $79,810
924 MN Hennepin County $282,750
925 MN Ramsey County $80,780
926 MN Scott County $78,460
927 MN St. Louis County $78,900
928 MN Stearns County $78,580
929 MN Washington County $80,160
930 MN Wright County $79,610
931 MN Apple Valley City $114,820
932 MN Blaine City $126,550
933 MN Bloomington City $150,730
934 MN Brooklyn Park City $137,300
935 MN Burnsville City $123,700
936 MN Coon Rapids City $121,480
26
# State/Territory Entity Name Level of
Government Allocation
937 MN Cottage Grove City $76,230
938 MN Duluth City $144,340
939 MN Eagan City $130,890
940 MN Eden Prairie City $128,580
941 MN Edina City $119,340
942 MN Inver Grove Heights City $76,160
943 MN Lakeville City $123,680
944 MN Mankato City $76,630
945 MN Maple Grove City $128,850
946 MN Maplewood City $76,530
947 MN Minneapolis City $424,330
948 MN Minnetonka City $119,890
949 MN Moorhead City $76,470
950 MN Plymouth City $139,830
951 MN Richfield City $76,260
952 MN Rochester City $172,870
953 MN Roseville City $76,370
954 MN Shakopee City $76,550
955 MN St. Cloud City $131,730
956 MN St. Louis Park City $114,140
957 MN St. Paul City $317,800
958 MN Woodbury City $129,800
959 MO Cass County $78,410
960 MO Christian County $77,850
961 MO Clay County $78,540
962 MO Franklin County $78,530
963 MO Greene County $79,080
964 MO Jackson County $79,620
965 MO Jasper County $77,570
966 MO Jefferson County $235,510
967 MO St. Charles County $79,500
968 MO St. Louis County $735,340
969 MO Blue Springs City $117,010
970 MO Cape Girardeau City $76,480
971 MO Chesterfield City $76,990
972 MO Columbia City $176,550
973 MO Florissant City $112,080
974 MO Independence City $163,880
27
# State/Territory Entity Name Level of
Government Allocation
975 MO Jefferson City City $76,770
976 MO Joplin City $119,050
977 MO Kansas City City $477,390
978 MO Lee's Summit City $150,390
979 MO O'Fallon City $142,430
980 MO Springfield City $220,930
981 MO St. Charles City $129,280
982 MO St. Joseph City $133,950
983 MO St. Louis City $330,620
984 MO St. Peters City $118,770
985 MO University City City $76,120
986 MO Wentzville City $76,500
987 MO Wildwood City $76,120
988 MS DeSoto County $77,890
989 MS Harrison County $77,830
990 MS Jackson County $79,900
991 MS Jones County $77,380
992 MS Lafayette County $76,940
993 MS Lamar County $76,910
994 MS Lowndes County $77,090
995 MS Madison County $78,810
996 MS Pearl River County $76,860
997 MS Rankin County $80,400
998 MS Biloxi City $76,850
999 MS Clinton City $75,910
1000 MS Greenville City $76,050
1001 MS Gulfport City $133,890
1002 MS Hattiesburg City $76,920
1003 MS Jackson City $201,980
1004 MS Meridian City $76,380
1005 MS Olive Branch City $76,380
1006 MS Southaven City $116,540
1007 MS Tupelo City $76,530
1008 MT Cascade County $75,790
1009 MT Flathead County $77,670
1010 MT Gallatin County $76,860
1011 MT Lake County $76,060
1012 MT Lewis and Clark County $76,220
28
# State/Territory Entity Name Level of
Government Allocation
1013 MT Lincoln County $75,680
1014 MT Missoula County $76,470
1015 MT Park County $75,580
1016 MT Ravalli County $76,490
1017 MT Yellowstone County $76,600
1018 MT Anaconda-Deer Lodge City $75,330
1019 MT Belgrade City $75,330
1020 MT Billings City $165,490
1021 MT Bozeman City $116,320
1022 MT Butte-Silver Bow City $76,200
1023 MT Great Falls City $121,420
1024 MT Havre City $75,330
1025 MT Helena City $76,250
1026 MT Kalispell City $75,940
1027 MT Missoula City $134,040
1028 NC Brunswick County $79,640
1029 NC Buncombe County $80,700
1030 NC Davidson County $80,360
1031 NC Gaston County $79,790
1032 NC Iredell County $79,640
1033 NC Johnston County $229,210
1034 NC Mecklenburg County $81,120
1035 NC Randolph County $79,870
1036 NC Union County $81,610
1037 NC Wake County $329,670
1038 NC Apex, Town of City $117,810
1039 NC Asheville City $158,820
1040 NC Burlington City $120,610
1041 NC Cary, Town of City $210,400
1042 NC Chapel Hill, Town of City $129,010
1043 NC Charlotte City $777,930
1044 NC Concord City $153,940
1045 NC Durham City $297,140
1046 NC Fayetteville City $245,040
1047 NC Gastonia City $137,620
1048 NC Greensboro City $314,150
1049 NC Greenville City $146,850
1050 NC Hickory City $76,750
29
# State/Territory Entity Name Level of
Government Allocation
1051 NC High Point City $165,110
1052 NC Holly Springs, Town of City $76,320
1053 NC Huntersville, Town of City $120,070
1054 NC Indian Trail, Town of City $76,350
1055 NC Jacksonville City $139,090
1056 NC Kannapolis City $113,050
1057 NC Mooresville, Town of City $113,610
1058 NC Raleigh City $450,390
1059 NC Rocky Mount City $118,650
1060 NC Salisbury City $76,370
1061 NC Wake Forest, Town of City $76,560
1062 NC Wilmington City $172,690
1063 NC Wilson City $76,800
1064 NC Winston-Salem City $274,010
1065 ND Barnes County $75,370
1066 ND Burleigh County $75,770
1067 ND Cass County $75,660
1068 ND Grand Forks County $75,480
1069 ND McKenzie County $75,530
1070 ND Ramsey County $75,400
1071 ND Rolette County $75,450
1072 ND Walsh County $75,370
1073 ND Ward County $75,750
1074 ND Williams County $75,420
1075 ND Bismarck City $133,550
1076 ND Dickinson City $75,870
1077 ND Fargo City $176,940
1078 ND Grand Forks City $120,420
1079 ND Jamestown City $75,550
1080 ND Mandan City $75,790
1081 ND Minot City $76,670
1082 ND Wahpeton City $75,290
1083 ND West Fargo City $76,250
1084 ND Williston City $76,010
1085 NE Cass County $75,850
1086 NE Dakota County $75,750
1087 NE Dawson County $75,830
1088 NE Douglas County $78,070
30
# State/Territory Entity Name Level of
Government Allocation
1089 NE Gage County $75,740
1090 NE Lancaster County $76,020
1091 NE Lincoln County $76,220
1092 NE Sarpy County $78,430
1093 NE Saunders County $75,720
1094 NE Scotts Bluff County $76,260
1095 NE Bellevue City $120,630
1096 NE Columbus City $75,850
1097 NE Fremont City $75,940
1098 NE Grand Island City $116,440
1099 NE Hastings City $75,880
1100 NE Kearney City $76,190
1101 NE Lincoln City $300,090
1102 NE Norfolk City $75,890
1103 NE Omaha City $461,600
1104 NE Papillion City $75,830
1105 NH Belknap County $77,160
1106 NH Carroll County $76,710
1107 NH Cheshire County $77,630
1108 NH Coos County $76,080
1109 NH Grafton County $78,280
1110 NH Hillsborough County $80,440
1111 NH Merrimack County $78,630
1112 NH Rockingham County $244,460
1113 NH Strafford County $77,200
1114 NH Sullivan County $76,450
1115 NH Concord City $76,720
1116 NH Derry, Town of City $76,090
1117 NH Dover City $76,150
1118 NH Hudson, Town of City $75,840
1119 NH Londonderry, Town of City $75,920
1120 NH Manchester City $163,660
1121 NH Merrimack, Town of City $75,970
1122 NH Nashua City $144,610
1123 NH Rochester City $76,080
1124 NH Salem, Town of City $76,090
1125 NJ Bergen County $695,630
1126 NJ Burlington County $349,100
31
# State/Territory Entity Name Level of
Government Allocation
1127 NJ Camden County $244,430
1128 NJ Essex County $257,630
1129 NJ Gloucester County $234,830
1130 NJ Monmouth County $380,600
1131 NJ Morris County $422,170
1132 NJ Ocean County $81,110
1133 NJ Somerset County $81,640
1134 NJ Union County $285,940
1135 NJ Atlantic City City $76,540
1136 NJ Bayonne City $124,910
1137 NJ Belleville, Township of City $76,210
1138 NJ Berkeley, Township of City $76,410
1139 NJ Bloomfield, Township of City $112,160
1140 NJ Brick, Township of City $128,690
1141 NJ Bridgewater, Township of City $76,720
1142 NJ Camden City $131,910
1143 NJ Cherry Hill, Township of City $134,260
1144 NJ Clifton City $140,650
1145 NJ East Brunswick, Township of City $76,710
1146 NJ East Orange City $123,800
1147 NJ Edison, Township of City $159,920
1148 NJ Egg Harbor, Township of City $76,600
1149 NJ Elizabeth City $177,390
1150 NJ Evesham, Township of City $76,580
1151 NJ Ewing, Township of City $76,350
1152 NJ Fort Lee, Borough of City $76,320
1153 NJ Franklin, Township of City $126,920
1154 NJ Freehold, Township of City $76,270
1155 NJ Galloway, Township of City $76,250
1156 NJ Gloucester, Township of City $121,580
1157 NJ Hackensack City $76,730
1158 NJ Hamilton, Township of City $142,770
1159 NJ Hillsborough, Township of City $76,380
1160 NJ Hoboken City $118,080
1161 NJ Howell, Township of City $113,320
1162 NJ Irvington, Township of City $116,760
1163 NJ Jackson, Township of City $115,540
1164 NJ Jersey City City $291,330
32
# State/Territory Entity Name Level of
Government Allocation
1165 NJ Kearny, Town of City $76,420
1166 NJ Lakewood, Township of City $173,640
1167 NJ Linden City $76,500
1168 NJ Manalapan, Township of City $76,330
1169 NJ Manchester, Township of City $76,500
1170 NJ Marlboro, Township of City $76,350
1171 NJ Middletown, Township of City $123,080
1172 NJ Monroe, Township of (Gloucester County) City $76,180
1173 NJ Monroe, Township of (Middlesex County) City $76,590
1174 NJ Montclair, Township of City $76,400
1175 NJ Mount Laurel, Township of City $76,680
1176 NJ New Brunswick, Township of City $121,880
1177 NJ Newark City $317,540
1178 NJ North Bergen, Township of City $120,810
1179 NJ North Brunswick, Township of City $76,450
1180 NJ Old Bridge, Township of City $121,610
1181 NJ Parsippany-Troy Hills, Township of City $122,450
1182 NJ Passaic City $126,930
1183 NJ Paterson City $190,900
1184 NJ Pennsauken, Township of City $76,290
1185 NJ Perth Amboy City $114,270
1186 NJ Piscataway, Township of City $122,360
1187 NJ Plainfield City $112,690
1188 NJ Sayreville, Borough of City $76,430
1189 NJ South Brunswick, Township of City $76,670
1190 NJ Teaneck, Township of City $76,380
1191 NJ Toms River, Township of City $147,200
1192 NJ Trenton City $145,700
1193 NJ Union City City $123,130
1194 NJ Union, Township of City $120,360
1195 NJ Vineland City $122,730
1196 NJ Washington, Township of City $76,620
1197 NJ Wayne, Township of City $118,460
1198 NJ West New York, Town of City $111,500
1199 NJ West Orange, Township of City $76,600
1200 NJ Winslow, Township of City $76,270
1201 NJ Woodbridge, Township of City $153,300
1202 NM Bernalillo County $78,950
33
# State/Territory Entity Name Level of
Government Allocation
1203 NM Dona Ana County $78,650
1204 NM McKinley County $77,520
1205 NM Otero County $76,280
1206 NM Rio Arriba County $76,350
1207 NM San Juan County $77,580
1208 NM Sandoval County $76,540
1209 NM Santa Fe County $77,200
1210 NM Taos County $76,180
1211 NM Valencia County $77,550
1212 NM Alamogordo City $76,060
1213 NM Albuquerque City $512,750
1214 NM Carlsbad City $76,110
1215 NM Clovis City $76,310
1216 NM Farmington City $76,680
1217 NM Hobbs City $76,410
1218 NM Las Cruces City $160,190
1219 NM Rio Rancho City $149,420
1220 NM Roswell City $76,680
1221 NM Santa Fe City $144,530
1222 NV Churchill County $75,870
1223 NV Clark County $844,640
1224 NV Douglas County $76,700
1225 NV Elko County $76,100
1226 NV Humboldt County $75,600
1227 NV Lyon County $76,190
1228 NV Nye County $76,720
1229 NV Pershing County $75,230
1230 NV Washoe County $78,680
1231 NV White Pine County $75,330
1232 NV Boulder City $75,520
1233 NV Carson City City $120,450
1234 NV Elko City $75,750
1235 NV Fernley City $75,730
1236 NV Henderson City $307,600
1237 NV Las Vegas City $583,470
1238 NV Mesquite City $75,720
1239 NV North Las Vegas City $262,780
1240 NV Reno City $280,500
34
# State/Territory Entity Name Level of
Government Allocation
1241 NV Sparks City $155,620
1242 NY Dutchess County $259,770
1243 NY Erie County $248,410
1244 NY Monroe County $81,200
1245 NY Niagara County $80,400
1246 NY Oneida County $80,830
1247 NY Onondaga County $278,080
1248 NY Orange County $372,460
1249 NY Saratoga County $81,630
1250 NY Ulster County $81,150
1251 NY Westchester County $282,250
1252 NY Albany City $164,050
1253 NY Amherst, Town of City $179,240
1254 NY Babylon, Town of City $235,330
1255 NY Bethlehem, Town of City $76,160
1256 NY Binghamton City $76,690
1257 NY Brighton, Town of City $76,350
1258 NY Brookhaven, Town of City $429,790
1259 NY Buffalo City $293,740
1260 NY Cheektowaga, Town of City $143,440
1261 NY Clarkstown, Town of City $140,500
1262 NY Clay, Town of City $118,800
1263 NY Clifton Park, Town of City $76,290
1264 NY Colonie, Town of City $146,350
1265 NY Cortlandt, Town of City $76,420
1266 NY Greece, Town of City $144,840
1267 NY Greenburgh, Town of City $149,090
1268 NY Guilderland, Town of City $76,220
1269 NY Hamburg, Town of City $118,990
1270 NY Haverstraw, Town of City $76,230
1271 NY Hempstead, Town of City $649,790
1272 NY Henrietta, Town of City $76,850
1273 NY Huntington, Town of City $233,490
1274 NY Irondequoit, Town of City $111,250
1275 NY Islip, Town of City $328,290
1276 NY Lancaster, Town of City $76,520
1277 NY Long Beach City $76,100
1278 NY Mount Pleasant, Town of City $76,680
35
# State/Territory Entity Name Level of
Government Allocation
1279 NY Mount Vernon City $126,920
1280 NY New Rochelle City $133,340
1281 NY New York City $6,875,730
1282 NY Niagara Falls City $76,720
1283 NY North Hempstead, Town of City $263,550
1284 NY Orangetown, Town of City $76,720
1285 NY Ossining, Town of City $76,300
1286 NY Oyster Bay, Town of City $304,060
1287 NY Penfield, Town of City $76,310
1288 NY Perinton, Town of City $76,620
1289 NY Poughkeepsie, Town of City $76,620
1290 NY Ramapo, Town of City $184,790
1291 NY Riverhead, Town of City $76,280
1292 NY Rochester City $248,150
1293 NY Rye, Town of City $76,660
1294 NY Schenectady City $126,660
1295 NY Smithtown, Town of City $163,460
1296 NY Southampton, Town of City $126,880
1297 NY Syracuse City $195,980
1298 NY Tonawanda, Town of City $128,620
1299 NY Troy City $114,100
1300 NY Union, Town of City $117,440
1301 NY Utica City $125,390
1302 NY Webster, Town of City $76,520
1303 NY West Seneca, Town of City $76,510
1304 NY White Plains City $126,510
1305 NY Yonkers City $227,490
1306 NY Yorktown, Town of City $76,250
1307 OH Butler County $248,500
1308 OH Clermont County $225,940
1309 OH Cuyahoga County $557,250
1310 OH Franklin County $81,940
1311 OH Hamilton County $473,280
1312 OH Lake County $81,130
1313 OH Montgomery County $305,670
1314 OH Stark County $302,340
1315 OH Summit County $304,340
1316 OH Warren County $253,250
36
# State/Territory Entity Name Level of
Government Allocation
1317 OH Akron City $225,370
1318 OH Beavercreek City $76,640
1319 OH Brunswick City $76,140
1320 OH Canton City $131,670
1321 OH Cincinnati City $334,440
1322 OH Cleveland City $386,700
1323 OH Cleveland Heights City $76,450
1324 OH Columbus City $778,900
1325 OH Cuyahoga Falls City $112,560
1326 OH Dayton City $187,930
1327 OH Delaware City $76,410
1328 OH Dublin City $76,910
1329 OH Elyria City $115,220
1330 OH Euclid City $76,640
1331 OH Fairfield City $76,610
1332 OH Findlay City $76,520
1333 OH Gahanna City $76,250
1334 OH Grove City City $76,460
1335 OH Hamilton City $122,250
1336 OH Hilliard City $76,280
1337 OH Huber Heights City $76,400
1338 OH Kettering City $119,280
1339 OH Lakewood City $110,300
1340 OH Lancaster City $76,420
1341 OH Lima City $76,310
1342 OH Lorain City $122,270
1343 OH Mansfield City $76,760
1344 OH Marion City $76,250
1345 OH Mentor City $76,760
1346 OH Middletown City $113,080
1347 OH Newark City $76,750
1348 OH North Ridgeville City $76,130
1349 OH Parma City $132,830
1350 OH Reynoldsburg City $76,300
1351 OH Springfield City $121,530
1352 OH Strongsville City $76,610
1353 OH Toledo City $285,750
1354 OH Upper Arlington City $76,220
37
# State/Territory Entity Name Level of
Government Allocation
1355 OH Warren City $76,400
1356 OH Westerville City $76,500
1357 OH Youngstown City $124,150
1358 OK Canadian County $77,220
1359 OK Creek County $77,390
1360 OK Grady County $76,830
1361 OK Le Flore County $76,660
1362 OK Logan County $76,590
1363 OK Oklahoma County $79,740
1364 OK Pottawatomie County $77,470
1365 OK Rogers County $78,010
1366 OK Tulsa County $79,610
1367 OK Wagoner County $76,900
1368 OK Bartlesville City $76,320
1369 OK Broken Arrow City $156,940
1370 OK Edmond City $146,020
1371 OK Enid City $114,420
1372 OK Lawton City $146,710
1373 OK Midwest City City $117,820
1374 OK Moore City $119,560
1375 OK Muskogee City $76,370
1376 OK Norman City $171,050
1377 OK Oklahoma City City $612,250
1378 OK Owasso City $76,270
1379 OK Stillwater City $76,760
1380 OK Tulsa City $408,420
1381 OR Clackamas County $329,650
1382 OR Deschutes County $78,310
1383 OR Douglas County $78,850
1384 OR Jackson County $79,600
1385 OR Lane County $79,830
1386 OR Linn County $77,780
1387 OR Marion County $80,470
1388 OR Umatilla County $77,740
1389 OR Washington County $324,390
1390 OR Yamhill County $78,660
1391 OR Albany City $117,460
1392 OR Beaverton City $152,000
38
# State/Territory Entity Name Level of
Government Allocation
1393 OR Bend City $152,740
1394 OR Corvallis City $122,590
1395 OR Eugene City $212,520
1396 OR Grants Pass City $76,430
1397 OR Gresham City $158,600
1398 OR Hillsboro City $163,840
1399 OR Keizer City $76,270
1400 OR Lake Oswego City $76,440
1401 OR Medford City $143,430
1402 OR Oregon City City $76,260
1403 OR Portland City $602,650
1404 OR Salem City $214,750
1405 OR Springfield City $123,250
1406 OR Tigard City $118,610
1407 PA Allegheny County $751,200
1408 PA Berks County $324,850
1409 PA Bucks County $404,580
1410 PA Chester County $479,860
1411 PA Cumberland County $274,270
1412 PA Delaware County $406,930
1413 PA Lancaster County $411,780
1414 PA Lehigh County $252,780
1415 PA Luzerne County $287,780
1416 PA Montgomery County $594,260
1417 PA Northampton County $264,030
1418 PA Washington County $233,750
1419 PA Westmoreland County $308,180
1420 PA York County $377,890
1421 PA Abington, Township of (Montgomery County) City $118,250
1422 PA Allentown City $170,070
1423 PA Altoona City $76,540
1424 PA Bensalem, Township of City $122,290
1425 PA Bethlehem City $135,180
1426 PA Bristol, Township of City $114,490
1427 PA Cheltenham, Township of City $76,230
1428 PA Erie City $151,020
1429 PA Harrisburg City $120,600
1430 PA Haverford, Township of City $110,660
39
# State/Territory Entity Name Level of
Government Allocation
1431 PA
Hempfield, Township of (Westmoreland
County) City $76,460
1432 PA Lancaster City $122,800
1433 PA Lower Merion, Township of City $126,250
1434 PA Lower Paxton, Township of City $114,320
1435 PA Manheim, Township of (Lancaster County) City $76,560
1436 PA Middletown, Township of (Bucks County) City $76,530
1437 PA Millcreek, Township of (Erie County) City $115,710
1438 PA Norristown, Borough of City $76,190
1439 PA Northampton, Township of City $76,280
1440 PA Penn Hills, Township of City $76,340
1441 PA Philadelphia City $1,316,810
1442 PA Pittsburgh City $337,960
1443 PA Reading City $145,490
1444 PA Scranton City $134,690
1445 PA State College, Borough of City $76,560
1446 PA Upper Darby, Township of City $134,340
1447 PA Wilkes-Barre City $76,590
1448 PA York City $76,680
1449 PR Aguada City $76,280
1450 PR Aguadilla City $118,070
1451 PR Arecibo City $142,090
1452 PR Bayamon City $213,340
1453 PR Cabo Rojo City $76,600
1454 PR Caguas City $173,030
1455 PR Canovanas City $76,440
1456 PR Carolina City $191,230
1457 PR Cayey City $76,470
1458 PR Cidra City $76,340
1459 PR Dorado City $76,240
1460 PR Guayama City $76,340
1461 PR Guaynabo City $147,260
1462 PR Gurabo City $76,400
1463 PR Hatillo City $76,330
1464 PR Humacao City $115,070
1465 PR Isabela City $76,450
1466 PR Juana Diaz City $76,560
1467 PR Juncos City $76,290
1468 PR Las Piedras City $76,220
40
# State/Territory Entity Name Level of
Government Allocation
1469 PR Manati City $76,420
1470 PR Mayaguez City $134,110
1471 PR Moca City $76,260
1472 PR Ponce City $183,120
1473 PR Rio Grande City $76,580
1474 PR San Juan City $357,770
1475 PR San Lorenzo City $76,250
1476 PR San Sebastian City $76,320
1477 PR Toa Alta City $122,670
1478 PR Toa Baja City $130,000
1479 PR Trujillo Alto City $122,800
1480 PR Vega Alta City $76,200
1481 PR Vega Baja City $115,150
1482 RI Coventry, Town of City $76,130
1483 RI Cranston City $136,300
1484 RI Cumberland, Town of City $76,180
1485 RI East Providence City $76,630
1486 RI North Providence, Town of City $76,090
1487 RI Pawtucket City $128,950
1488 RI Providence City $227,730
1489 RI South Kingstown, Town of City $76,120
1490 RI Warwick City $139,610
1491 RI Woonsocket City $76,470
1492 SC Aiken County $80,820
1493 SC Anderson County $227,180
1494 SC Beaufort County $80,150
1495 SC Berkeley County $80,300
1496 SC Greenville County $393,510
1497 SC Horry County $307,990
1498 SC Lexington County $297,180
1499 SC Richland County $278,170
1500 SC Spartanburg County $282,710
1501 SC York County $226,460
1502 SC Charleston City $195,380
1503 SC Columbia City $198,460
1504 SC Florence City $76,570
1505 SC Goose Creek City $76,520
1506 SC Greenville City $144,320
41
# State/Territory Entity Name Level of
Government Allocation
1507 SC Greer City $76,210
1508 SC Hilton Head Island, Town of City $76,420
1509 SC Mount Pleasant, Town of City $142,750
1510 SC Myrtle Beach City $76,580
1511 SC North Charleston City $171,700
1512 SC Rock Hill City $133,080
1513 SC Spartanburg City $76,580
1514 SC Summerville, Town of City $113,980
1515 SC Sumter City $76,610
1516 SD Brookings County $75,360
1517 SD Clay County $75,500
1518 SD Lake County $75,390
1519 SD Lawrence County $75,460
1520 SD Lincoln County $75,840
1521 SD Meade County $75,960
1522 SD Minnehaha County $76,450
1523 SD Oglala Lakota County $75,490
1524 SD Pennington County $76,130
1525 SD Union County $75,590
1526 SD Aberdeen City $76,020
1527 SD Brookings City $75,860
1528 SD Huron City $75,490
1529 SD Mitchell City $75,560
1530 SD Pierre City $75,510
1531 SD Rapid City City $135,960
1532 SD Sioux Falls City $224,030
1533 SD Spearfish City $75,440
1534 SD Watertown City $75,810
1535 SD Yankton City $75,570
1536 TN Blount County $79,600
1537 TN Hamilton County $80,940
1538 TN Knox County $279,650
1539 TN Putnam County $77,840
1540 TN Rutherford County $77,990
1541 TN Sevier County $78,460
1542 TN Shelby County $79,610
1543 TN Sullivan County $78,530
1544 TN Sumner County $77,880
42
# State/Territory Entity Name Level of
Government Allocation
1545 TN Williamson County $77,700
1546 TN Bartlett City $117,930
1547 TN Brentwood City $76,730
1548 TN Chattanooga City $234,200
1549 TN Clarksville City $197,220
1550 TN Cleveland City $76,790
1551 TN Collierville, Town of City $113,610
1552 TN Columbia City $76,480
1553 TN Franklin City $145,990
1554 TN Gallatin City $76,540
1555 TN Germantown City $76,430
1556 TN Hendersonville City $120,260
1557 TN Jackson City $132,680
1558 TN Johnson City City $134,060
1559 TN Kingsport City $121,880
1560 TN Knoxville City $239,720
1561 TN La Vergne City $76,330
1562 TN Lebanon City $76,430
1563 TN Memphis City $590,500
1564 TN Mount Juliet City $76,310
1565 TN Murfreesboro City $190,230
1566 TN
Nashville-Davidson, Metropolitan Government
of City $644,440
1567 TN Smyrna, Town of City $117,300
1568 TN Spring Hill City $109,170
1569 TX Bexar County $464,940
1570 TX Brazoria County $268,260
1571 TX Collin County $219,010
1572 TX Denton County $251,160
1573 TX Fort Bend County $456,500
1574 TX Harris County $1,636,340
1575 TX Hidalgo County $357,000
1576 TX Montgomery County $457,580
1577 TX Tarrant County $306,040
1578 TX Travis County $293,610
1579 TX Williamson County $235,100
1580 TX Abilene City $172,590
1581 TX Allen City $151,800
1582 TX Amarillo City $227,860
43
# State/Territory Entity Name Level of
Government Allocation
1583 TX Arlington City $369,400
1584 TX Austin City $855,340
1585 TX Baytown City $140,370
1586 TX Beaumont City $168,420
1587 TX Bedford City $76,680
1588 TX Brownsville City $217,400
1589 TX Bryan City $140,860
1590 TX Burleson City $76,610
1591 TX Carrollton City $177,310
1592 TX Cedar Hill City $76,610
1593 TX Cedar Park City $132,620
1594 TX College Station City $167,660
1595 TX Conroe City $145,460
1596 TX Coppell City $76,610
1597 TX Copperas Cove City $76,170
1598 TX Corpus Christi City $322,260
1599 TX Dallas City $1,132,070
1600 TX Denton City $182,710
1601 TX DeSoto City $114,690
1602 TX Duncanville City $76,340
1603 TX Edinburg City $153,020
1604 TX El Paso City $595,490
1605 TX Euless City $117,300
1606 TX Farmers Branch City $76,570
1607 TX Flower Mound, Town of City $132,150
1608 TX Fort Worth City $785,490
1609 TX Friendswood City $76,330
1610 TX Frisco City $224,480
1611 TX Galveston City $118,860
1612 TX Garland City $251,490
1613 TX Georgetown City $128,440
1614 TX Grand Prairie City $220,600
1615 TX Grapevine City $122,650
1616 TX Haltom City City $76,540
1617 TX Harlingen City $132,290
1618 TX Houston City $2,006,020
1619 TX Huntsville City $76,640
1620 TX Hurst City $76,390
44
# State/Territory Entity Name Level of
Government Allocation
1621 TX Irving City $284,550
1622 TX Keller City $76,540
1623 TX Killeen City $184,930
1624 TX Kyle City $76,480
1625 TX La Porte City $76,250
1626 TX Lancaster City $76,350
1627 TX Laredo City $271,290
1628 TX League City City $155,210
1629 TX Leander City $116,720
1630 TX Lewisville City $158,370
1631 TX Little Elm City $76,480
1632 TX Longview City $141,720
1633 TX Lubbock City $274,430
1634 TX Mansfield City $129,070
1635 TX McAllen City $190,200
1636 TX McKinney City $219,230
1637 TX Mesquite City $182,880
1638 TX Midland City $180,140
1639 TX Midlothian City $76,150
1640 TX Mission City $140,450
1641 TX Missouri City City $128,070
1642 TX New Braunfels City $143,530
1643 TX North Richland Hills City $125,800
1644 TX Odessa City $165,070
1645 TX Pasadena City $191,680
1646 TX Pearland City $164,610
1647 TX Pflugerville City $120,850
1648 TX Pharr City $135,910
1649 TX Plano City $307,870
1650 TX Port Arthur City $118,760
1651 TX Richardson City $177,400
1652 TX Rockwall City $76,650
1653 TX Rosenberg City $76,330
1654 TX Round Rock City $169,320
1655 TX Rowlett City $119,050
1656 TX San Angelo City $151,890
1657 TX San Antonio City $1,220,460
1658 TX San Juan City $76,170
45
# State/Territory Entity Name Level of
Government Allocation
1659 TX San Marcos City $127,080
1660 TX Schertz City $76,400
1661 TX Sherman City $76,610
1662 TX Sugar Land City $164,210
1663 TX Temple City $140,420
1664 TX Texarkana City $76,440
1665 TX Texas City City $114,390
1666 TX The Colony City $76,380
1667 TX Tyler City $162,770
1668 TX Victoria City $126,590
1669 TX Waco City $187,120
1670 TX Waxahachie City $76,430
1671 TX Weslaco City $76,470
1672 TX Wichita Falls City $155,820
1673 TX Wylie City $114,380
1674 UT Box Elder County $76,950
1675 UT Cache County $77,620
1676 UT Davis County $248,800
1677 UT Salt Lake County $80,390
1678 UT Summit County $76,520
1679 UT Tooele County $76,190
1680 UT Uintah County $76,240
1681 UT Utah County $80,710
1682 UT Washington County $77,810
1683 UT Weber County $79,480
1684 UT Bountiful City $76,530
1685 UT Cedar City City $76,240
1686 UT Draper City $117,010
1687 UT Eagle Mountain City $76,330
1688 UT Herriman City $111,860
1689 UT Kearns, Metro Township of City $76,130
1690 UT Layton City $134,230
1691 UT Lehi City $132,310
1692 UT Logan City $117,590
1693 UT Midvale City $76,210
1694 UT Millcreek City $121,210
1695 UT Murray City $116,350
1696 UT Ogden City $145,720
46
# State/Territory Entity Name Level of
Government Allocation
1697 UT Orem City $150,350
1698 UT Pleasant Grove City $76,260
1699 UT Provo City $165,350
1700 UT Riverton City $76,480
1701 UT Roy City $76,240
1702 UT Salt Lake City City $264,650
1703 UT Sandy City $148,400
1704 UT Saratoga Springs City $76,170
1705 UT South Jordan City $132,100
1706 UT Spanish Fork City $76,440
1707 UT Springville City $76,190
1708 UT St. George City $149,500
1709 UT Taylorsville City $118,550
1710 UT Tooele City $76,180
1711 UT West Jordan City $158,100
1712 UT West Valley City City $179,460
1713 VA Albemarle County $78,940
1714 VA Arlington County $267,820
1715 VA Chesterfield County $341,610
1716 VA Fairfax County $963,530
1717 VA Hanover County $78,700
1718 VA Henrico County $333,630
1719 VA Loudoun County $350,900
1720 VA Prince William County $421,130
1721 VA Spotsylvania County $79,560
1722 VA Stafford County $80,130
1723 VA Alexandria City $197,700
1724 VA Blacksburg, Town of City $76,680
1725 VA Charlottesville City $76,840
1726 VA Chesapeake City $260,480
1727 VA Danville City $76,580
1728 VA Hampton City $179,420
1729 VA Harrisonburg City $117,870
1730 VA Leesburg, Town of City $76,710
1731 VA Lynchburg City $140,890
1732 VA Manassas City $76,480
1733 VA Newport News City $221,810
1734 VA Norfolk City $271,840
47
# State/Territory Entity Name Level of
Government Allocation
1735 VA Portsmouth City $151,150
1736 VA Richmond City $262,500
1737 VA Roanoke City $156,480
1738 VA Suffolk City $144,950
1739 VA Virginia Beach City $418,550
1740 VT Addison County $76,270
1741 VT Caledonia County $76,030
1742 VT Chittenden County $76,390
1743 VT Franklin County $76,680
1744 VT Orange County $75,960
1745 VT Orleans County $75,940
1746 VT Rutland County $76,480
1747 VT Washington County $77,100
1748 VT Windham County $76,120
1749 VT Windsor County $76,590
1750 VT Bennington, Town of City $75,560
1751 VT Brattleboro, Town of City $75,460
1752 VT Burlington City $76,670
1753 VT Colchester, Town of City $75,610
1754 VT Essex, Town of City $75,770
1755 VT Hartford, Town of City $75,380
1756 VT Milton, Town of City $75,340
1757 VT Rutland City $75,600
1758 VT South Burlington City $75,760
1759 VT Williston, Town of City $75,410
1760 WA Clark County $296,170
1761 WA Grant County $78,440
1762 WA King County $474,460
1763 WA Kitsap County $245,220
1764 WA Pierce County $497,770
1765 WA Snohomish County $436,900
1766 WA Spokane County $224,600
1767 WA Thurston County $81,040
1768 WA Whatcom County $79,500
1769 WA Yakima County $80,470
1770 WA Auburn City $141,710
1771 WA Bellevue City $203,560
1772 WA Bellingham City $148,080
48
# State/Territory Entity Name Level of
Government Allocation
1773 WA Bothell City $76,740
1774 WA Bremerton City $76,690
1775 WA Burien City $112,300
1776 WA Edmonds City $76,430
1777 WA Everett City $169,950
1778 WA Federal Way City $147,860
1779 WA Issaquah City $76,450
1780 WA Kennewick City $138,680
1781 WA Kent City $179,480
1782 WA Kirkland City $144,580
1783 WA Lacey City $115,460
1784 WA Lake Stevens City $76,130
1785 WA Lakewood City $123,080
1786 WA Longview City $76,370
1787 WA Lynnwood City $76,450
1788 WA Marysville City $124,740
1789 WA Mount Vernon City $76,250
1790 WA Olympia City $122,030
1791 WA Pasco City $131,590
1792 WA Puyallup City $76,570
1793 WA Redmond City $143,150
1794 WA Renton City $157,700
1795 WA Richland City $123,260
1796 WA Sammamish City $121,420
1797 WA Seattle City $681,520
1798 WA Shoreline City $117,070
1799 WA Spokane City $255,210
1800 WA Spokane Valley City $154,350
1801 WA Tacoma City $246,170
1802 WA Vancouver City $223,720
1803 WA Wenatchee City $76,300
1804 WA Yakima City $149,970
1805 WI Brown County $80,630
1806 WI Dane County $266,890
1807 WI Marathon County $78,300
1808 WI Milwaukee County $79,820
1809 WI Outagamie County $79,420
1810 WI Racine County $79,040
49
# State/Territory Entity Name Level of
Government Allocation
1811 WI Walworth County $78,630
1812 WI Washington County $79,610
1813 WI Waukesha County $238,860
1814 WI Winnebago County $78,580
1815 WI Appleton City $134,180
1816 WI Beloit City $76,280
1817 WI Brookfield City $76,600
1818 WI Eau Claire City $130,210
1819 WI Fond du Lac City $76,620
1820 WI Franklin City $76,280
1821 WI Green Bay City $159,610
1822 WI Greenfield City $76,240
1823 WI Janesville City $125,580
1824 WI Kenosha City $149,790
1825 WI La Crosse City $119,590
1826 WI Madison City $291,340
1827 WI Menomonee Falls, Village of City $76,470
1828 WI Milwaukee City $522,370
1829 WI New Berlin City $76,430
1830 WI Oak Creek City $76,280
1831 WI Oshkosh City $128,580
1832 WI Racine City $133,580
1833 WI Sheboygan City $76,730
1834 WI Sun Prairie City $76,190
1835 WI Waukesha City $130,460
1836 WI Wausau City $76,500
1837 WI Wauwatosa City $76,940
1838 WI West Allis City $120,530
1839 WV Berkeley County $78,320
1840 WV Cabell County $76,770
1841 WV Harrison County $76,780
1842 WV Jefferson County $76,900
1843 WV Kanawha County $79,470
1844 WV Mercer County $77,060
1845 WV Monongalia County $77,550
1846 WV Putnam County $76,950
1847 WV Raleigh County $76,950
1848 WV Wood County $76,820
50
# State/Territory Entity Name Level of
Government Allocation
1849 WV Beckley City $75,680
1850 WV Charleston City $77,040
1851 WV Clarksburg City $75,630
1852 WV Fairmont City $75,670
1853 WV Huntington City $76,800
1854 WV Martinsburg City $75,690
1855 WV Morgantown City $76,250
1856 WV Parkersburg City $76,150
1857 WV Weirton City $75,670
1858 WV Wheeling City $76,050
1859 WY Campbell County $75,520
1860 WY Carbon County $75,510
1861 WY Converse County $75,480
1862 WY Fremont County $75,980
1863 WY Goshen County $75,440
1864 WY Laramie County $76,200
1865 WY Lincoln County $75,670
1866 WY Natrona County $75,740
1867 WY Park County $76,030
1868 WY Teton County $75,450
1869 WY Casper City $119,850
1870 WY Cheyenne City $125,720
1871 WY Evanston City $75,410
1872 WY Gillette City $76,140
1873 WY Green River City $75,380
1874 WY Jackson, Town of City $75,410
1875 WY Laramie City $76,110
1876 WY Riverton City $75,380
1877 WY Rock Springs City $75,820
1878 WY Sheridan City $75,670
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0575
Agenda Date: 7/15/2024 Status: Public HearingVersion: 2
File Type: Action ItemIn Control: Public Works
Agenda Number: 6.8
SUBJECT/RECOMMENDATION:
Approve the extension of a piggyback contract and issuance of a purchase order to Cale America, of
Clearwater, FL, for a service/maintenance agreement, parking payment technologies and back-office
support in an amount not to exceed $812,005.00 for a four-year term through June 30, 2028, pursuant to
Clearwater Code of Ordinances, Sections 2.563(1)(c), Piggyback or Cooperative Purchasing, and 2.563(1)
(d), Non-Competitive Purchases, and authorize the appropriate officials to execute same.
SUMMARY:
Since 2008, Clearwater has been utilizing Cale America, DBA Flowbird, parking kiosks to provide an
efficient, user friendly method for parkers to pay for their parking in some areas of downtown and on
Clearwater beach. In June of 2023, the Council approved a piggyback Contract (#05-39) with Cale America
from the National Cooperative Purchasing Alliance Region XIV Education Service Center. Contract #05-39
extended our warranty & back-office support for our existing meters through March 31, 2025, and
earmarked funds to cover the fees associated with electronic parking payment technology until July 2024.
This item would extend that contract and allow for a new purchase order to sync the fees for parking
payment technology with the warranty and back-office support for all 94 of our kiosks on the same terms
through June 30, 2028.
The underlying NCPA contract allowed for a continuing service/maintenance agreement for up to five years,
even after the initial term of the overall contract, and since Flowbird is the only company that can maintain
their products and provide the needed back-office support, we are seeking a non-competitive purchase for
these services. The extended warranty and back-office fees are to remain the same under this new
agreement for the first two years with a 3% increase beginning in April 2027. Even with the increase, (the
first in several years) the prices are below what was advertised in Contract #05-39. The fixed costs for the
warranty and back-office support should not exceed $95,880.00 per year the first two years and
$123,445.00 for the final 15 months or $315,205.00 over the term of this contract.
The second part of our June 2023 contract with Flowbird was for electronic parking payment service fees
for; text receipts, text to extend transaction fees, and pay by text transaction fees. All these fees are
charged per transaction at the time of purchase. Pay by Text users and Extend by Text users are charged
a $0.35 cent transaction fee that is collected by the City and then reimbursed to Flowbird monthly via a
billing/invoicing process. The benefit of the Extend by Text is that customers do not have to return to a
kiosk to add time to their parking. Pay by Text allows customers to pay for parking from the onset without
using the kiosk. Text receipts are charged to the Parking Division based on a “per use” basis of $0.03
cents per transaction when a customer requests a text message receipt at the time of initial payment. The
benefit of the text receipt is that it eliminates paper receipts, reducing costs and decreasing the frequency
for maintenance. That $0.03 is also a $0.02 discount from the fee advertised in the NCPA
contract but it is absorbed by the Parking System and not passed to the customer. The number of
customers electing to utilize these payment services is difficult to lock down but the popularity of each is
increasing. Currently, it is estimated that the costs to cover these per transaction fees will not exceed
$124,200.00 per year or $496,800.00 over the term of this contract.
Page 1 City of Clearwater Printed on 7/9/2024
File Number: ID#24-0575
The combined costs for service/maintenance agreement, parking payment technologies and back-office
support is estimated to be an amount not to exceed $812,005.00 for a four-year term through June 30,
2028.
APPROPRIATION CODE AND AMOUNT:
4351333-530300
Funds for fiscal year 2024 are available in cost code 4351333-530300, Contractual Services, and will be
included in budgets for Fiscal Years 2025 through 2028 to fund this purchase order.
USE OF RESERVE FUNDS: N/A
STRATEGIC PRIORITY:
1.3 Adopt responsive levels of service for public facilities and amenities, and identify resources required to
sustain that level of service.
1.5 Embrace a culture of innovation that drives continuous improvement and successfully serves all our
customers.
2.3 Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and
national sporting events.
5.3 Generate organizational success through collaborative engagement and inclusive decision-making to
create shared value.
Page 2 City of Clearwater Printed on 7/9/2024
Option #1 - StradaPAL BNA
List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: StradaPAL BNA (color display)$14,716 34.6%$9,624
Includes:
Custom Configuration (e.g. Pay & Display, Pay by
Space, Pay by Plate)
7" Full Color Display For Touch Screen Display add
$200
Customizable Capacitive Keyboard
Coin, Bill, and Credit Card Acceptance For contactless payment add
$350
Solar Power or AC Mains
4G Wireless Communications
Instruction decals
1 Coin Canister Per Machine
1 Bill Canister Per Machine
1 Ticket roll per machine
1 Year Hardware Warranty Included Extended Warranty is
$480/meter/year
Shipping
Training
Option #2 - Strada BNA
List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: Strada BNA (monochrome display)$13,116 31.2%$9,024
Includes:
Custom Configuration (e.g. Pay & Display, Pay by
Space, Pay by Plate)
Monochrome Display
Coin, Bill, and Credit Card Acceptance For contactless payment add
$350
Solar Power or AC Mains
4G Wireless Communications
Instruction decals
1 Coin Canister Per Machine
1 Bill Canister Per Machine
1 Ticket roll per machine
1 Year Hardware Warranty Included Extended Warranty is
$480/meter/year
Shipping
Training
Strada Multi-Space Meter Pricing
Flowbird Pricing Proposal Update - NCPA - Contract 05-39
Option #3 - StradaPAL Rapide
List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: StradaPAL Rapide (color display,
coin/card only)$11,600 35.0%$7,540
Includes:
Custom Configuration (e.g. Pay & Display, Pay by
Space, Pay by Plate)
7" Full Color Display For Touch Screen Display add
$200
Customizable Capacitive Keyboard
Coin and Credit Card Acceptance For contactless payment add
$350
Solar Power or AC Mains
4G Wireless Communications
Instruction decals
1 Coin Canister Per Machine
1 Ticket roll per machine
1 Year Hardware Warranty Included Extended Warranty is
$420/meter/year
Shipping
Training
Option #4 - Strada Rapide
List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: Strada Rapide (monochrome display,
coin/card only)$10,600 41.0%$6,254
Includes:
Custom Configuration (e.g. Pay & Display, Pay by
Space, Pay by Plate)
Monochrome Display
Customizable Capacitive Keyboard
Coin and Credit Card Acceptance For contactless payment add
$350
Solar Power or AC Mains
4G Wireless Communications
Instruction decals
1 Coin Canister Per Machine
1 Ticket roll per machine
1 Year Hardware Warranty Included Extended Warranty is
$420/meter/year
Shipping
Training
Strada Multi-Space Meter Pricing (continued)
Flowbird Pricing Proposal Update - NCPA - Contract 05-39
Option #5 - StradaPAL Card Only
List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: StradaPAL Card Only (color display,
card only)$11,070 44.0%$6,199
Includes:
Custom Configuration (e.g. Pay & Display, Pay by
Space, Pay by Plate)
7" Full Color Display For Touch Screen Display add
$200
Customizable Capacitive Keyboard
Credit Card Acceptance For contactless payment add
$350
Solar Power or AC Mains
4G Wireless Communications
Instruction decals
1 Ticket roll per machine
1 Year Hardware Warranty Included Extended Warranty is
$420/meter/year
Shipping
Training
Option #6 - Strada Card Only
List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: Strada Card Only (monochrome
screen, card only)$9,471 40.0%$5,683
Includes:
Custom Configuration (e.g. Pay & Display, Pay by
Space, Pay by Plate)
Monochrome Display
Customizable Capacitive Keyboard
Credit Card Acceptance
Solar Power or AC Mains
4G Wireless Communications
Instruction decals
1 Ticket roll per machine
1 Year Hardware Warranty Included Extended Warranty is
$420/meter/year
Shipping
Training
Option #7 - Strada StreetSmart TVM
List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: Strada StreetSmart TVM $19,000 10.0%$17,100
Project management costs to
be quoted based on scope of
work
Includes:
Custom Software Configuration
9.7" touch screen display
Credit Card Acceptance
Contactless Payment Acceptance
Coin Acceptance
Bill Acceptance
AC Mains Powered
4G Wireless or Ethernet Communications
1 Year Hardware Warranty Included
Shipping
Training
Strada Multi-Space Meter Pricing (continued)
Flowbird Pricing Proposal Update - NCPA - Contract 05-39
Option #1 - CWT Touch BNA
List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: CWT Touch BNA $11,800 16.7%$9,829
Includes:
Custom Configuration (e.g. Pay & Display, Pay by
Space, Pay by Plate)
9" color touch screen
Coin, Bill, and Credit Card Acceptance For contactless payment add
$350
Solar Power or AC Mains
4G Wireless Communications
Instruction decals
1 Coin Canister Per Machine
1 Bill Canister Per Machine
1 Ticket roll per machine
1 Year Hardware Warranty Included Extended Warranty is
$480/meter/year
Shipping
Training
Option #2 - CWT Color BNA
List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: CWT Color BNA $10,811 11.0%$9,621
Includes:
Custom Configuration (e.g. Pay & Display, Pay by
Space, Pay by Plate)
7" Full Color Display
48 key piezo key pad
Coin, Bill, and Credit Card Acceptance
Solar Power or AC Mains
4G Wireless Communications
Instruction decals
1 Coin Canister Per Machine
1 Bill Canister Per Machine
1 Ticket roll per machine
1 Year Hardware Warranty Included Extended Warranty is
$480/meter/year
Shipping
Training
CWT Multi-Space Meter Pricing
Flowbird Pricing Proposal - Update - NCPA - RFP #05-39
Option #3 - CWT Monochrome BNA
List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: CWT Monochrome BNA $10,450 13.6%$9,029
Includes:
Custom Configuration (e.g. Pay & Display, Pay by
Space, Pay by Plate)
6.5" Monochrome Display
48 key piezo key pad
Coin, Bill, and Credit Card Acceptance
Solar Power or AC Mains
4G Wireless Communications
Instruction decals
1 Coin Canister Per Machine
1 Bill Canister Per Machine
1 Ticket roll per machine
1 Year Hardware Warranty Included Extended Warranty is
$480/meter/year
Shipping
Training
Option #4 - CWT Touch coin/card
List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: CWT Touch coin/card acceptance $10,000 22.6%$7,740
Includes:
Custom Configuration (e.g. Pay & Display, Pay by
Space, Pay by Plate)
9" color touch screen
Coin, Credit Card Acceptance For contactless payment add
$350
Solar Power or AC Mains
4G Wireless Communications
Instruction decals
1 Coin Canister Per Machine
1 Ticket roll per machine
1 Year Hardware Warranty Included Extended Warranty is
$420/meter/year
Shipping
Training
CWT Multi-Space Meter Pricing (continued)
Flowbird Pricing Proposal - Update - NCPA - RFP #05-39
Option #5 - CWT Color coin/card
List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: CWT Color coin/card acceptance $9,026 16.4%$7,546
Includes:
Custom Configuration (e.g. Pay & Display, Pay by
Space, Pay by Plate)
7" Full Color Display
48 key piezo key pad
Coin, Credit Card Acceptance
Solar Power or AC Mains
4G Wireless Communications
Instruction decals
1 Coin Canister Per Machine
1 Ticket roll per machine
1 Year Hardware Warranty Included Extended Warranty is
$420/meter/year
Shipping
Training
Option #6 - CWT Monochrome coin/card
List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: CWT Monochrome coin/card
acceptance $7,351 14.9%$6,256
Includes:
Custom Configuration (e.g. Pay & Display, Pay by
Space, Pay by Plate)
6.5" Monochrome Display
48 key piezo key pad
Coin, Credit Card Acceptance
Solar Power or AC Mains
4G Wireless Communications
Instruction decals
1 Coin Canister Per Machine
1 Ticket roll per machine
1 Year Hardware Warranty Included Extended Warranty is
$420/meter/year
Shipping
Training
CWT Multi-Space Meter Pricing (continued)
Flowbird Pricing Proposal - Update - NCPA - RFP #05-39
Option #7 - CWT Touch card only
List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: CWT Touch screen (card only)$8,355 23.4%$6,399
Includes:
Custom Configuration (e.g. Pay & Display, Pay by
Space, Pay by Plate)
9" color touch screen
Credit Card Acceptance For contactless payment add
$350
Solar Power or AC Mains
3G/4G Wireless Communications
Instruction decals
1 Ticket roll per machine
1 Year Hardware Warranty Included Extended Warranty is
$420/meter/year
Shipping
Training
Option #8 - CWT Color card only
List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: CWT Color screen (card only)$7,500 24.0%$6,199
Includes:
Custom Configuration (e.g. Pay & Display, Pay by
Space, Pay by Plate)
7" Full Color Display
48 key piezo key pad
Credit Card Acceptance
Solar Power or AC Mains
3G/4G Wireless Communications
Instruction decals
1 Ticket roll per machine
1 Year Hardware Warranty Included Extended Warranty is
$420/meter/year
Shipping
Training
CWT Multi-Space Meter Pricing (continued)
Flowbird Pricing Proposal - Update - NCPA - RFP #05-39
Option #9 - CWT Monochrome card only
List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: CWT Monochrome screen (card
only)$6,908 17.7%$5,683
Includes:
Custom Configuration (e.g. Pay & Display, Pay by
Space, Pay by Plate)
6.5" Monochrome Display
48 key piezo key pad
Credit Card Acceptance
Solar Power or AC Mains
3G/4G Wireless Communications
Instruction decals
1 Ticket roll per machine
1 Year Hardware Warranty Included Extended Warranty is
$420/meter/year
Shipping
Training
CWT Multi-Space Meter Pricing (continued)
Flowbird Pricing Proposal - Update - NCPA - RFP #05-39
Option #1 - MAX Meter Single Space
List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: MAX Meter Single Space $575 5.0%$546
Includes:
Single Space Configuration
2.95" x 1.65" Monochrome Display
Touch keypad technology
Coin, Credit card acceptance
Solar Power
Cellular communications
1 Year Hardware Warranty Included
Shipping
Option #2 - MAX Meter Dual Space
List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: MAX Meter Single Space $825 5.0%$784
Includes:$784
Dual Space Configuration
2.95" x 1.65" Monochrome Display
Touch keypad technology
Coin, Credit card acceptance
Solar Power
Cellular communications
1 Year Hardware Warranty Included
Shipping
Option #3 - MPC MAX Quad Space - Monthly Subscription Service
List price per unit per
month
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
METER MODEL: MPC MAX Meter Quad Space $185 10.0%$167
Includes:
Quad Space Configuration - P&D
2 X 20 Characters Display (Black &White)
Coin, Credit card acceptance
Solar Power
Cellular communications (4G - LTE)
1 Year Hardware Warranty Included
Installation to prepared ground
Shipping
Buyout option - 12 Month $4,800 10.0%$4,320
Buyout option - 24 Month $4,500 10.0%$4,050
Buyout option - 36 Month $4,200 10.0%$3,780
Subscription service for meter
hardware, minimum
subscription 18 month
Single/Dual Space Meter Pricing
Flowbird Pricing Proposal - Update - NCPA - RFP #05-39
Option #1 - Color screen upgrade for coin/card multi-space meters
List price per unit
Percent Discount to
NCPA participating
entities
Price per unit to NCPA
paticipating entities Note
Color Screen Upgrade for coin/card MSMs $2,150 5%$2,043 See Installation Services tab for price of
installation
Includes:
New front door (if necessary)
7" full color display screen
Custom Software
New solar panel (Parkeon Strada only)
Option #2 - Color screen upgrade for bill accepting multi-space meters
List price per unit
Percent Discount to
NCPA participating
entities
Price per unit to NCPA
paticipating entities Note
Color Screen Upgrade for bill accepting MSMs $2,750 5%$2,613 See Installation Services tab for price of
installation
Includes:
New front door (if necessary)
7" full color display screen
Custom Software
New solar panel (if necessary)
Option #3 - Touch screen upgrade for Cale CWT or Parkeon Strada coin/card
List price per unit
Percent Discount to
NCPA participating
entities
Price per unit to NCPA
paticipating entities Note
Touch Screen Upgrade for Cale CWT coin/card $3,450 5%$3,278 See Installation Services tab for price of
installation
Includes:
New front door
9" Touch Display Screen
Custom Software
New solar panel (if necessary)
List price per unit
Percent Discount to
NCPA participating
entities
Price per unit to NCPA
paticipating entities Note
Touch Screen Upgrade for Cale CWT bill accepting
MSMs $3,450 5%$3,278
See Installation Services tab for price of
installation
Includes:
New front door
9" Touch Display Screen
Custom Software
New solar panel (if necessary)
List price per unit
Percent Discount to
NCPA participating
entities
Price per unit to NCPA
paticipating entities Note
Refurbished Cabinet $1,650 5%$1,568 See Installation Services tab for price of
installation
Includes:
Cabinet that have previously been used but that has
been through Flowbird refurbish process.
New solar panel (if necessary)
Strada and CWT Upgrade Pricing
Option #4 - Touch screen upgrade for Cale CWT or Parkeon Strada Evol 2 bill accepting multi-space
meter
Option #4 - Refurbished cabinet for CWT or Strada Meter
Flowbird Pricing Proposal - Update - NCPA - RFP #05-39
Multi-Space Meter
Installation Services List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
Qty 1 to 5 $1,850 59.5%$750
If Flowbird is to perform site
preparation, please add $125 per
site.
If a site requires a concrete pad,
please add $600 per site
Qty 6 to 49 $1,100 40.9%$650
If Flowbird is to perform site
preparation, please add $125 per
site.
If a site requires a concrete pad,
please add $600 per site
Qty 50 and above $1,100 54.5%$500
If Flowbird is to perform site
preparation, please add $125 per
site.
If a site requires a concrete pad,
please add $600 per site
Strada TVM
Installation Services List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
Qty 1 to 5 $1,850 15.0%$1,572
If Flowbird is to perform site
preparation, please add $125 per
site.
If a site requires a concrete pad,
please add $600 per site
Qty 6 and above $1,750 15.0%$1,488
If Flowbird is to perform site
preparation, please add $125 per
site.
If a site requires a concrete pad,
please add $600 per site
Preventive Maintenance
Service List price per unit
Percent Discount to NCPA
participating entities
Price per unit to NCPA
paticipating entities Note
Basic Service Plan $1,095 15.0%$931
The plan includes two scheduled on-
site visits with preventive
maintenance service.
Premium Service Plan $2,045 15.0%$1,738
The plan includes up to four
scheduled on-site visits of
preventive maintenance service or
per agreement.
Parking Meter and Kiosk Services
Flowbird Pricing Proposal - Update - NCPA - RFP #05-39
Flowbird Pricing Proposal - Update - NCPA - RFP #05-39
Flowbird Back-Office System
Price
(per meter per month)
Percent Discount to NCPA
participating entities Note
Multi-Space meter monthly fee per meter $50 0%
This is a per meter per month fee. Assumes
Pay & Display configuration. Pay by Plate, Pay
by Space, StreetSmart and TVM is $62 per
meter per month
Advanced Data Package $8 0%
Advanced data package includes the option to
use AT&T, T-Mobile or Verizon. The
advanced data plan also allows communication
with ethernet and modem connected
simultaneously. The advanced data package
options include higher data limits for
customers that download additional data to
the meters, such as images and videos.
Single space meter monthly fee per meter $9 0%
Dual space meter monthly fee per meter $16 0%
Quad space meter monthly fee per meter $53 0%
Includes:
Financial and Maintenance Reports
Maintenance and Collections Alarms
Meter Mapping via Google Maps
Wireless Communication Fees
Credit Card Gateway Fees
Rate Editor/Download Module
Optional Services
Validation Codes System $12
Validation codes per use $0.10
City News for multi-space meters $3
Back-Office Pricing
Flowbird Pricing Proposal - Update - NCPA - RFP #05-39
Flowbird Digital Permit Solution
One time setup fee
Percent Discount to NCPA
participating entities
Monthly price per lane to
NCPA paticipating entities
Setup of Flowbird Permit Solution $8,000 25%$6,000
List price per permit
Percent Discount to NCPA
participating entities
Monthly price per lane to
NCPA paticipating entities
Flowbird Permit $3 0%$3
Includes:
Secure hosting by Flowbird
Web based interface for reporting and management
Online access for permit holders
Optional online permit payments
Flowbird Permit
Flowbird Pricing Proposal - Update - NCPA - RFP #05-39
System Cost to the Client
Percent Discount to NCPA
participating entities Note
Flowbird mobile parking payment application $0 0%
A $0.35 fee will be added to each parking
transaction as a convenience fee so there
will be no additional costs to the Client. The
Client will be responsible for the merchant
bank processing fee.
Includes:
iOS and Android applications, mobile web, and web
payments
Optional IVR payment at no additional cost
Marketing campaign - stickers, social media
Full reporting and enforcement integration with
Flowbird back-office system
Pay by Text $0 0%
A $0.35 fee will be added to each parking
transaction as a convenience fee so there
will be no additional costs to the Client. The
Client will be responsible for the merchant
bank processing fee.
Includes:
Text system brings user to secure browser to make
their payment
Marketing campaign - stickers, social media
Full reporting and enforcement integration with
Flowbird back-office system
Extend by Text $0 0%
A $0.35 fee will be added to each parking
extension transation as a convenience fee so
there will be no additional costs to the
Client. The Client will be responsible for the
merchant bank processing fee.
Includes:
Extend by text provides the user the option to extend
their parking session from their phone without
downloading an app or setting up an account.
Full reporting and enforcement integration with
Flowbird back-office system
Text Message Recipts and Reminders $0.05 0%
Includes:
Text message receipts and reminders are a user
friendly way to provide the users with information
about their parking session.
Mobile Parking Payment System
Parkeon Pricing Proposal - Update - NCPA - RFP #07-15
Proposal for: City of Clearwater, FL
By: Andreas Jansson
andreas.jansson@flowbird.group
+1 727 471 4768
Quote valid to: July 31, 2024
Flowbird - Confidential Quotation
For: City of Clearwater, FL
Quote Issued: June 28, 2024 Quote Expires: July 31, 2024
Quote Name: Clearwater - Renewal
Bill To:
City of Clearwater, FL
100 South Myrtle Avenue #200
Clearwater, FL, 33758
ON-GOING SERVICES
PRODUCT NAME
QTY
UNIT
PRICE
April 1st 2025 to
March 31st 2026
April 1st 2026 to
March 31s 2027
April 1st 2027 to June
30, 2028
15 months
PartSmart Parts Exchange –
NCPA 94 $360 $33,840 $33,840 $43,569
WebOffice Professional Edition
– NCPA 94 $660 $62,040 $62,040 $79,876
Annual
Totals.
$95,880
$95,880 $123,445
PER-TRANSACTION
PRODUCT NAME TRANSACTION PRICE
Flowbird App (Mobile Payment) - NCPA
Optional text message receipts – cost per text message $0.03
$0.35
Pay by Text - NCPA
– $0.35 convenience fee paid by the end user
– No cost to the city but a pass-through from the city to Flowbird
Estimate based on 30% of users extending $0.35
Extend by text – NCPA
– $0.35 convenience fee paid by the end user
– No cost to the city but a pass-through from the city to Flowbird
Estimate based on 20% of users extending $0.35
Text message receipt – NCPA
Optional text message receipts – cost per text message $0.03
Estimate based on 900,000 transactions 40% of purchases would do text
receipts $0.03
PER-TRANSACTION (ESTIMATES)
PRODUCT NAME
YEAR ONE
ESTIMATE
July 24-June 25
YEAR TWO
ESTIMATE
July 25-June 26
YEAR THREE
ESTIMATE
July 26-June 27
YEAR FOUR
ESTIMATE
July 27-June 28
Pay by Text / Flowbird App -
NCPA
$63,000 $63,000 $63,000 $63,000
Extend by text – NCPA
$50,400 $50,400 $50,400 $50,400
Text message receipt – NCPA
$10,800 $10,800 $10,800 $10,800
This quote is provided by Cale America Inc d/b/a Flowbird. Flowbird was created in 2018 as a result of the world-
wide merger between the Cale Group and Parkeon Group. All prices stated are exclusive of taxes and shipping
costs unless specifically itemized in this quotation. Customer is responsible for all taxes or providing proof of tax-
exempt status. By accepting this order, Customer agrees to be bound by all applicable terms and conditions or
terms of existing contract(s) between Customer and Flowbird for the same products and services, if any:
Accepted by: ______________________________ Date: _____/_____/_____
Quote Acceptance Information
FLOWBIRD RESPONSE TO REGION 14 EDUCATION SERVICE CENTER
ON BEHALF OF THE NATIONAL COOPERATIVE PURCHASING ALLIANCE
REQUEST FOR PROPOSALS FOR PARKING METERS
SOLICITATION NUMBER 15-19
DUE DATE JULY 23, 2019
FLOWBIRD GROUP
40 Twosome Drive, Ste 7, Moorestown, NJ 08057 • 856-234-8000
13190 56th Court, Suite 401, Clearwater, FL 33760 • 813-405-3900
Authorized Contact Person
Sean Renn
856-220-1577
sean.renn@flowbird.group
FLOWBIRD RESPONSE TO REGION 14 EDUCATION SERVICE CENTER
ON BEHALF OF THE NATIONAL COOPERATIVE PURCHASING ALLIANCE
REQUEST FOR PROPOSALS FOR PARKING METERS
SOLICITATION NUMBER 15-19
Table of Contents
Tab 1 – Master Agreement/Signature Form
Tab 2 – NCPA Administration Agreement
Tab 3 – Vendor Questionnaire
Tab 4 – Vendor Profile
Tab 5 – Products and Services/Scope
Tab 6 – References
Tab 7 – Pricing
Tab 8 – Value Added Products and Services
Tab 9 – Required Documents
Tab 1 -Master Agreement
General Terms and Conditions
+ Customer Support
~ The vendor shall provide timely and accurate technical advice and sales support. The
vendor shall respond to such requests within one (1) working day after receipt of the
request.
+ Disclosures
~ Respondent affirms that he/she has not given, offered to give, nor intends to give at any
time hereafter any economic opportunity, future employment, gift, loan, gratuity, special
discount, trip, favor or service to a public servant in connection with this contract.
~ The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at
independently, and is submitted without collusion with anyone to obtain information or
gain any favoritism that would in any way limit competition or give an unfair advantage
over other vendors in the award of this contract.
+ Renewal of Contract
~ Unless otherwise stated, all contracts are for a period of three (3) years with an option to
renew for up to two (2) additional one-year terms or any combination of time equally not
more than 2 years if agreed to by Region 14 ESC and the vendor.
+ Funding Out Clause
~ Any fall contracts exceeding one (1) year shall include a standard "funding out" clause. A
contract for the acquisition, including lease, of real or personal property is a commitment
· ofthe entity's current revenue only, provided the contract contains either or both of the
following provisions:
~ Retains to the entity the continuing right to terminate the contract at the expiration of each
budget period during the term of the contract and is conditioned on a best efforts attempt
by the entity to obtain appropriate funds for payment of the contract.
+ Shipments (if applicable)
~ The awarded vendor shall ship ordered products within seven (7) working days for goods
available and within four ( 4) to six ( 6) weeks for specialty items after the receipt of the
order unless modified. If a product cannot be shipped within that time, the awarded
vendor shall notify the entity placing the order as to why the product has not shipped and
shall provide an estimated shipping date. At this point the participating entity may cancel
the order if estimated shipping time is not acceptable.
+ Tax Exempt Status
~ Since this is a national contract, knowing the tax laws in each state is the sole responsibility
of the vendor.
+ Payments
~ The entity using the contract will make payments directly to the awarded vendor or their
affiliates (distributors/business partnersfresellers) as long as written request and
approval by NCPA is provided to the awarded vendor.
+ Adding authorized distributors/dealers
~ Awarded vendors may submit a list of distributorsjpartnersjresellers to sell under their
contract throughout the life of the contract. Vendor must receive written approval from
NCPA before such distributorsfpartnersfresellers considered authorized.
~ Purchase orders and payment can only be made to awarded vendor or
distributors/business partnersfresellers previously approved by NCPA.
~ Pricing provided to members by added distributors or dealers must also be less than or
equal to the pricing offered by the awarded contract holder.
~ All distributorsfpartnersfresellers are required to abide by the Terms and Conditions of
the vendor's agreement with NCP A.
+ Pricing /
~ All pricing submitted shall include the administrative fee to be remitted to NCPA by the
awarded vendor. It is the awarded vendor's responsibility to keep all pricing up to date
and on file with NCPA.
~ All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing
offered unless otherwise clearly stated in writing
+ Warranty
~ Proposals should address each of the following:
+ Indemnity
• Applicable warranty and/or guarantees of equipment and installations including
any conditions and response time for repair and/or replacement of any components
during the warranty period.
• Availability of replacement parts
• Life expectancy of equipment under normal use
• Detailed information as to proposed return policy on all equipment
~ The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its
participants, administrators, employees and agents against all claims, damages, losses and
expenses arising out of or resulting from the actions of the vendor, vendor employees or
vendor subcontractors in the preparation of the solicitation and the later execution of the
contract.
+ Franchise Tax
~ The respondent hereby certifies that he/she is not currently delinquent in the payment of
any franchise taxes.
+ Supplemental Agreements
);;> The entity participating in this contract and awarded vendor may enter into a separate
supplemental agreement to further define the level of service requirements over and above
the minimum defined in this contract i.e. invoice requirements, ordering requirements,
specialized delivery, etc. Any supplemental agreement developed as a result of this contract
is exclusively between the participating entity and awarded vendor.
+ Certificates of Insurance
);;> Certificates of insurance shall be delivered to the Public Agency prior to commencement of
work. The insurance company shall be licensed in the applicable state in which work is
being conducted. The awarded vendor shall give the participating entity a minimum of ten
(10) days notice prior to any modifications or cancellation of policies. The awarded vendor
shall require all subcontractors performing any work to maintain coverage as specified.
+ Legal Obligations
);;> It is the Respondent's responsibility to be aware of and comply with all local, state, and
federal laws governing the sale of products/services identified in this RFP and any
awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and
regulation must be followed even if not specifically identified herein.
+ Protest
);;> A protest of an award or proposed award must be filed in writing within ten (10) days from
the date of the official award notification and must be received by 5:00pm CST. Protests
shall be filed with Region 14 ESC and shall include the following:
• Name, address and telephone number of protester
• Original signature of protester or its representative
• Identification of the solicitation by RFP number
• Detailed statement of legal and factual grounds including copies of relevant
documents and the form of relief requested
);;> Any protest review and action shall be considered final with no further formalities being
considered.
+ Force Majeure
);;> Ifby reason of Force Majeure, either party hereto shall be rendered unable wholly or in
part to carry out its obligations under this Agreement then such party shall give notice and
full particulars of Force Majeure in writing to the other party within a reasonable time after
occurrence of the event or cause relied upon, and the obligation of the party giving such
notice, so far as it is affected by such Force Majeure, shall be suspended during the
continuance of the inability then claimed, except as hereinafter provided, but for no longer
period, and such party shall endeavor to remove or overcome such inability with all
reasonable dispatch.
);;> The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or
other industrial disturbances, act of public enemy, orders of any kind of government of the
United States or any civil or military authority; insurrections; riots; epidemics; landslides;
lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests;
restraint of government and people; civil disturbances; explosions, breakage or accidents
to machinery, pipelines or canals, or other causes not reasonably within the control of the
party claiming such inability. It is understood and agreed that the settlement of strikes and
lockouts shall be entirely within the discretion of the party having the difficulty, and that
the above requirement that any Force Majeure shall be remedied with all reasonable
dispatch shall not require the settlement of strikes and lockouts by acceding to the
demands of the opposing party or parties when such settlement is unfavorable in the
judgment of the party having the difficulty
+ Prevailing Wage
~ It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing
wage legislation in effect in the jurisdiction of the purchaser. It shall further be the
responsibility of the Vendor to monitor the prevailing wage rates as established by the
appropriate department of labor for any increase in rates during the term of this contract
and adjust wage rates accordingly.
+ Miscellaneous
~ Either party may cancel this contract in whole or in part by providing written notice. The
cancellation will take effect 30 business days after the other party receives the notice of
cancellation. After the 30th business day all work will cease following completion of final
purchase order.
+ Open Records Policy
~ Because Region 14 ESC is a governmental entity responses submitted are subject to release
as public information after contracts are executed. If a vendor believes that its response, or
parts of its response, may be exempted from disclosure, the vendor must specify page-by-
page and line-by-line the parts of the response, which it believes, are exempt. In addition,
the respondent must specify which exception(s) are applicable and provide detailed
reasons to substantiate the exception(s).
~ The determination of whether information is confidential and not subject to disclosure is
the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG
sufficient information to render an opinion and therefore, vague and general claims to
confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the
opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal
arguments on behalf of any vendor. Respondent are advised to consult with their legal
counsel concerning disclosure issues resulting from this procurement process and to take
precautions to safeguard trade secrets and other proprietary information.
Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes,
ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC
in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined
to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for
evaluation, response must have been submitted on time, and satisfy all mandatory requirements
identified in this document.
+ Contract Administration
);> The contract will be administered by Region 14 ESC. The National Program will be
administered by NCPA on behalf of Region 14 ESC.
+ Contract Term
);> The contract term will be for three (3) year starting from the date of the award. The
contract may be renewed for up to two (2) additional one-year terms or any combination
of time equally not more than 2 years.
);> It should be noted that maintenance/service agreements may be issued for up to (5) years
under this contract even if the contract only lasts for the initial term of the contract. NCPA
will monitor any maintenance agreements for the term of the agreement provided they are
signed prior to the termination or expiration of this contract.
+ Contract Waiver
);> Any waiver of any provision of this contract shall be in writing and shall be signed by the
duly authorized agent of Region 14 ESC. The waiver by either party of any term or
condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of
any further or additional right that such party may hold under this contract.
+ Products and Services additions
);> Products and Services may be added to the resulting contract during the term of the
contract by written amendment, to the extent that those products and services are within
the scope of this RFP.
+ Competitive Range
);> It may be necessary for Region 14 ESC to establish a competitive range. Responses not in
the competitive range are unacceptable and do not receive further award consideration.
+ Deviations and Exceptions
);> Deviations or exceptions stipulated in response may result in disqualification. It is the
intent of Region 14 ESC to award a vendor's complete line of products and/or services,
when possible.
+ Estimated Quantities
);> The estimated dollar volume of Products and Services purchased under the proposed
Master Agreement is $15 million dollars annually. This estimate is based on the anticipated
volume of Region 14 ESC and current sales within the NCPA program. There is no
guarantee or commitment of any kind regarding usage of any contracts resulting from this
solicitation
+ Evaluation
~ Region 14 ESC will review and evaluate all responses in accordance with, and subject to,
the relevant statutes, ordinances, rules and regulations that govern its procurement
practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for
contract awards will be based on multiple factors, each factor being assigned a point value
based on its importance.
+ Formation of Contract
~ A response to this solicitation is an offer to contract with Region 14 ESC based upon the
terms, conditions, scope of work, and specifications contained in this request. A solicitation
does not become a contract until it is accepted by Region 14 ESC. The prospective vendor
must submit a signed Signature Form with the response thus, eliminating the need for a
formal signing process.
+ NCPA Administrative Agreement
~ The vendor will be required to enter and execute the National Cooperative Purchasing
Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The
agreement establishes the requirements of the vendor with respect to a nationwide
contract effort.
• Clarifications f Discussions
~ Region 14 ESC may request additional information or clarification from any of the
respondents after review of the proposals received for the sole purpose of elimination
minor irregularities, informalities, or apparent clerical mistakes in the proposal.
Clarification does not give respondent an opportunity to revise or modify its proposal,
except to the extent that correction of apparent clerical mistakes results in a revision. After
the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions
with those respondent's whose proposals are determined to be reasonably susceptible of
being selected for award. Discussions occur when oral or written communications
between Region 14 ESC and respondent's are conducted for the purpose clarifications
involving information essential for determining the acceptability of a proposal or that
provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will
not assist respondent bring its proposal up to the level of other proposals through
discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet
to neither obtain further consideration nor will it provide any information about other
respondents' proposals or prices.
+ Multiple Awards
~ Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will
ensure that any ensuing contracts fulfill current and future requirements of the diverse and
large number of participating public agencies.
+ Past Performance
~ Past performance is relevant information regarding a vendor's actions under previously
awarded contracts; including the administrative aspects of performance; the vendor's
history of reasonable and cooperative behavior and commitment to customer satisfaction;
and generally, the vendor's businesslike concern for the interests of the customer.
Evaluation Criteria
+ Pricing ( 40 points)
~ Electronic Price Lists
• Products, Services, Warranties, etc. price list
• Prices listed will be used to establish both the extent of a vendor's product lines,
services, warranties, etc. available from a particular bidder and the pricing per item.
+ Ability to Provide and Perform the Required Services for the Contract (25 points)
~ Product Delivery within participating entities specified parameters
~ Number of line items delivered complete within the normal delivery time as a percentage
of line items ordered.
~ Vendor's ability to perform towards above requirements and desired specifications.
~ Past Cooperative Program Performance
~ Quantity of line items available that are commonly purchased by the entity.
~ Quality of line items available compared to normal participating entity standards.
+ References (15 points)
~ A minimum of ten (1 0) customer references for product and/ or services of similar scope
dating within past 3 years
+ Technology for Supporting the Program (1 0 points)
~ Electronic on-line catalog, order entry use by and suitability for the entity's needs
~ Quality ofvendor's on-line resources for NCPA members.
~ Specifications and features offered by respondent's products and/or services
+ Value Added Services Description, Products and/or Services (10 points)
~ Marketing and Training
~ Minority and Women Business Enterprise (MWBE) and (HUB) Participation
~ Customer Service
Tab 2 -NCPA Administration Agreement
This Administration Agreement is made as of by and between National
Cooperative Purchasing Alliance ("NCPA") and Parkeon, Inc. dba Flowbird ("Vendor").
Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______ _
referenced as Contract Number by and between Region 14 ESC and Vendor, as may
be amended from time to time in accordance with the terms thereof (the "Master Agreement"), for the
purchase of Parking Meters ;
WHEREAS, said Master Agreement provides that any state, city, special district, local government,
school district, private K-12 school, technical or vocational school, higher education institution, other
government agency or nonprofit organization (hereinafter referred to as "public agency" or collectively,
"public agencies") may purchase products and services at the prices indicated in the Master Agreement;
WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the
Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other
master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement;
WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master
Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual
covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
+ General Terms and Conditions
~ The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as
though fully set forth herein, and the terms and conditions contained therein shall apply to
this Agreement except as expressly changed or modified by this Agreement.
~ NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region
14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall
accrue and apply with equal effect to NCPA under this Agreement including, but not limited
to, the Vendor's obligation to provide appropriate insurance and certain indemnifications
to Region 14 ESC.
~ Vendor shall perform all duties, responsibilities and obligations required under the Master
Agreement in the time and manner specified by the Master Agreement.
~ NCPA shall perform all of its duties, responsibilities, and obligations as administrator of
purchases under the Master Agreement as set forth herein, and Vendor acknowledges that
NCPA shall act in the capacity of administrator of purchases under the Master Agreement.
~ With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to
the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer,
representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public
Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region
14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the
Master Agreement, or (ii) for any payments required to be made with respect to such
order, and (c) shall not be obligated, liable or responsible for any failure by the Public
Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the
due authorization and approval necessary to purchase under the Master Agreement. NCPA
makes no representations or guaranties with respect to any minimum purchases required
to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or
Public Agency under this Agreement or the Master Agreement.
);> The Public Agency participating in the NCPA contract and Vendor may enter into a separate
supplemental agreement to further define the level of service requirements over and above
the minimum defined in this contract i.e. invoice requirements, ordering requirements,
specialized delivery, etc. Any supplemental agreement developed as a result of this contract
is exclusively between the Public Agency and Vendor. NCPA, its agents, members and
employees shall not be made party to any claim for breach of such agreement.
• Term of Agreement
);> This Agreement shall be in effect so long as the Master Agreement remains in effect,
provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through
the termination of this Agreement and all indemnifications afforded by Vendor to NCPA
shall survive the term of this Agreement.
• Fees and Reporting
);> The awarded vendor shall electronically provide NCPA with a detailed monthly or
quarterly report showing the dollar volume of all sales under the contract for the previous
month or quarter. Reports shall be sent via e-mail to NCPA offices at reporting@ncpa.us.
Reports are due on the fifteenth (15th) day after the close of the previous month or quarter.
It is the responsibility ofthe awarded vendor to collect and compile all sales under the
contract from participating members and submit one (1) report. The report shall include
at least the following information as listed in the example below:
Entity Name Zip Code State PO or Job# Sale Amount
Total ____ _
);> Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.
From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered
fee schedule below. Vendor's annual sales shall be measured on a calendar year basis.
Deadline for term of payment will be included in the invoice NCPA provides.
Annual Sales Through Contract Administrative Fee
0-$30,000,000 2%
$30,000,001 -$50,000,000 1.5%
$50,000,001 + 1%
Tab 3 – Vendor Questionnaire
Please provide responses to the following questions that address your company’s operations,
organization, structure, and processes for providing products and services.
¨ States Covered
Ø Bidder must indicate any and all states where products and services can be offered.
Ø Please indicate the price co-efficient for each state if it varies.
50 States & District of Columbia (Selecting this box is equal to checking all boxes below)
Alabama Maryland South Carolina
Alaska Massachusetts South Dakota
Arizona Michigan Tennessee
Arkansas Minnesota Texas
California Mississippi Utah
Colorado Missouri Vermont
Connecticut Montana Virginia
Delaware
District of Columbia
Nebraska
Nevada
Washington
West Virginia
Florida New Hampshire Wisconsin
Georgia New Jersey Wyoming
Hawaii New Mexico
Idaho New York
Illinois North Carolina
Indiana North Dakota
Iowa Ohio
Kansas Oklahoma
Kentucky Oregon
Louisiana Pennsylvania
Maine Rhode Island
X
All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below)
¨ Minority and Women
Business Enterprise (MWBE) and (HUB) Participation
Ø It is the policy of some entities participating in NCPA to involve minority and women
business enterprises (MWBE) and historically underutilized businesses (HUB) in the
purchase of goods and services. Respondents shall indicate below whether or not they are
an M/WBE or HUB certified.
§Minority / Women Business Enterprise
•Respondent Certifies that this firm is a M/WBE
§Historically Underutilized Business
•Respondent Certifies that this firm is a HUB
¨ Residency
Ø Responding Company’s principal place of business is in the city of _______________________,
State of __________
¨ Felony Conviction Notice
Ø Please Check Applicable Box;
A publically held corporation; therefore, this reporting requirement is not applicable.
Is not owned or operated by anyone who has been convicted of a felony.
Is owned or operated by the following individual(s) who has/have been convicted of
a felony
Ø If the 3rd box is checked, a detailed explanation of the names and convictions must be
attached.
¨ Distribution Channel
Ø Which best describes your company’s position in the distribution channel:
Manufacturer Direct Certified education/government reseller
Authorized Distributor Manufacturer marketing through reseller
Value-added reseller Other: ______________________________________
¨ Processing Information
Ø Provide company contact information for the following:
§Sales Reports / Accounts Payable
Contact Person: _____________________________________________________________________
Title: _________________________________________________________________________________
Company: ____________________________________________________________________________
Address: _____________________________________________________________________________
City: ____________________________ State: ________________________ Zip: ______________
Phone: _________________________________ Email: ____________________________________
American Somoa Northern Marina Islands
Federated States of Micronesia Puerto Rico
Guam U.S. Virgin Islands
Midway Islands
X
Moorestown
NJ
X
X
Ronald Kroes
Chief Financial Officer
Parkeon, Inc.
40 Twosome Drive, Ste 7
Moorestown NJ 08057
856-234-8000 ronald.kroes@flowbird.group
§Purchase Orders
Contact Person: _____________________________________________________________________
Title: _________________________________________________________________________________
Company: ____________________________________________________________________________
Address: _____________________________________________________________________________
City: ____________________________ State: ________________________ Zip: ______________
Phone: _________________________________ Email: ____________________________________
§Sales and Marketing
Contact Person: _____________________________________________________________________
Title: _________________________________________________________________________________
Company: ____________________________________________________________________________
Address: _____________________________________________________________________________
City: ____________________________ State: ________________________ Zip: ______________
Phone: _________________________________ Email: ____________________________________
¨ Pricing Information
Ø In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer
all future product introductions at prices that are proportionate to Contract Pricing.
§If answer is no, attach a statement detailing how pricing for NCPA participants
would be calculated for future product introductions.
Yes No
Ø Pricing submitted includes the required NCPA administrative fee. The NCPA fee is
calculated based on the invoice price to the customer.
Yes No
Ø Vendor will provide additional discounts for purchase of a guaranteed quantity.
Yes No
Kimberly Smith-Bey
Sales Administrator
Parkeon, Inc.
40 Twosome Drive, Ste 7
Moorestown NJ 08057
856-234-8000 salesadmin-us@parkeon.com
Sean Renn
Vice President of Marketing and Communications
Parkeon, Inc.
40 Twosome Drive, Ste 7
Moorestown NJ 08057
856-234-8000 sean.renn@flowbird.group
X
X
X
Tab 4 – Vendor Profile
Tab 4 – Vendor Profile Page 2 of 12
VENDOR PROFILE
Please provide the following information about your company:
Company’s official registered name.
Parkeon, Inc.
Brief history of your company, including the year it was established.
Flowbird is the largest provider of on-street parking solutions in the
world. In January 2018, Parkeon (established in the early 1970s)
and Cale (established in 1955) merged together to change the urban
mobility landscape and reinforced its position of Global Worldwide
Leader in Urban Intelligence and Mobility. Together we have more
than 100 combined years of experience in the parking industry with
systems in more than 70 countries. With more than 1,300
combined employees around the globe, the company has an annual
revenue of over $300 million.
Technology is a dynamic and vibrant environment that changes
continuously. Managing that change with our clients has always
been our strength. We solve Smart City challenges. Our solutions
go well beyond the concept of parking: we design and build
complete ecosystems with strong Business to Business and Business
to Consumer components. Our missions are diverse and cover a
wide variety of services like:
Managing technology convergence: On Street, Off Street
Parking and Transportation
Simplifying mobility to citizens by helping drivers to find a
space using real time occupancy analytics
Collecting and sharing mobility data in real time through our
Open Data Analytics platform
Global and Digital approach in managing user rights and digital permits including data
correlations for optimum dynamic pricing strategies
Reinforced communication: Push local information to residents and visitors
Invigorate downtown commerce through hyper-local advertising and couponing campaigns
Complex projects have kept us on the leading edge of the industry and as a result, we remain the
forerunner in the delivery of highly advanced parking and transit control systems and a natural
component of the City’s Internet of Things. Most importantly, our systems are designed for the long
run with strong local support in the U.S. and Canada to enable your team and operations to benefit
the most of our technology and know-how.
5,000+
Flowbird clients
$300 Million
Annual Revenue
280,000
Parking meters installed
$25 Million
Investment in R&D
Tab 4 – Vendor Profile Page 3 of 12
SMART MOBILITY SOLUTIONS ACROSS THE UNITED STATES
The core customer base of FLOWBIRD is municipalities, transit agencies, and Universities. Our team
supports transit and parking solutions for major organizations across the U.S. including:
Transit Agencies
Community Transit (Everett, WA)
C-Tran (Vancouver, WA)
Hudson Link (Westchester Cty, NY)
Lane Transit (Eugene, OR)
Loop Trolley (St. Louis, MO)
M1-Rail (Detroit, MI)
METRO Houston
METRO Minneapolis/St. Paul
New Jersey Transit
New York City Transit
NORTA (New Orleans)
Portland Streetcar
Sacramento RT
Universities
Clemson University
Florida International University
Harvard University
Indiana University
Southern Illinois University
State University of New York
Texas Tech University
University of Arkansas
University of Colorado
University of Kansas
University of Maryland
University of Missouri
University of New Hampshire
University of New Mexico
University of North Florida
University of Oklahoma
University of San Diego
University of Texas
Washington State University
Municipalities
Atlanta, GA
Austin, TX
Baltimore, MD
Boston, MA
Detroit, MI
Chicago, IL
Hartford, CT
Indianapolis, IN
Las Vegas, NV
Los Angeles, CA
Miami, FL
Minneapolis, MN
New York, NY
Philadelphia, PA
Pittsburgh, PA
Providence, RI
San Antonio, TX
St. Louis, MO
Washington, DC
Tab 4 – Vendor Profile Page 4 of 12
OPEN DATA AND PROVEN INTEGRATIONS
We believe in building systems that make our clients more efficient while providing users with a
smooth and pleasant mobility experience. We know that people are looking for the best ways to get to
their final destinations and they want to find convenient parking at a reasonable price.
Our platform, integrated with leading industry technologies, allows us to make a strong, positive impact
on the overall user experience. The diagram below illustrates how we integrate with various
technologies to help you build your ideal solution.
We have integrated with the largest and most successful companies in the industry such as:
Complus
CivicSmart
Conduent
Data Ticket
EDC AIMS
Genetec
Gtechna
NuPark
Parkmobile
Passport
Schweers
United Public Safety
Vigilant
Tab 4 – Vendor Profile Page 5 of 12
Company’s Dun & Bradstreet (D&B) number.
146588913
Company’s organizational chart of those individuals that would be involved in the contract.
Below is Flowbird’s US organizational chart. In total, we have over 80 employees located
throughout the country.
Corporate office location.
Flowbird’s US corporate office is located at 40 Twosome Drive, Ste 7, Moorestown, NJ 08057
List the number of sales and services offices for states being bid in solicitation.
Our two main sales and service offices are:
New Jersey
40 Twosome Drive, Ste 7
Moorestown, NJ 08057
Florida
13190 56th Court, Suite 401
Clearwater FL, 33760
Additionally, Flowbird has 24 distribution partners covering 30 States and Puerto Rico.
Tab 4 – Vendor Profile Page 6 of 12
List the names of key contacts at each with title, address, phone and e-mail address.
New Jersey
Sean Renn – Vice President of Marketing and Communications
40 Twosome Drive, Ste 7
Moorestown, NJ 08057
856-234-8000 ext. 395
sean.renn@flowbird.group
Florida
Andreas Jansson – Senior Vice President of US Sales
13190 56th Court, Suite 401
Clearwater FL, 33760
727-471-4768
andreas.jansson@flowbird.group
Define your standard terms of payment.
Our standard payment term is net 30.
Who is your competition in the marketplace?
Our main competitors for parking meters and mobile applications are:
Amano
Global Parking Solutions
Hectronic
IPS Group
MacKay Meters
MobileNow
Pango
Parkmobile
Passport
Pay by Phone
POM
T2 Systems
Tab 4 – Vendor Profile Page 7 of 12
What differentiates your company from competitors?
Here are Flowbird’s key differentiators:
Flowbird is the true market leader in on-street parking system, with systems in over 70
countries and 50 years experience.
We have the capability to support clients of all sizes – from small parking operations to
large cities such as New York, Los Angeles, and Chicago.
Flexibility to offer new services to your customers and improve the economic health of
the downtown or campus. Your parking meter can provide users a list of upcoming events
in the City, information on area attractions, and coupons for local merchants.
Friendlier pay station user interface with touch screen and full color display options that
offer powerful graphical capabilities and animations to help the user move through their
parking transaction quickly.
True proven solar autonomy. Flowbird designs and builds its components to consume
very little power, allowing you to place our pay stations and parking meters in various
climates and locations, even under trees or next to tall buildings.
Integrated mobile payment solution, designed and maintained directly by Flowbird.
Easy to use and flexible back-office parking management system allowing for dashboard
reporting, powerful filtering, and ability to modify and download rates as needed.
Describe how your company will market this contract if awarded.
Flowbird will market the contract in various ways:
Through press releases and blast emails
Through the 30 parking and transit events that we participate in annually
Through our 9 direct sales team members
Through our distribution network of 24 distribution and service partners
Describe how you intend to introduce NCPA to your company.
Parkeon/Flowbird currently has an agreement with NCPA for parking meters. Our team
members are very familiar with how to market the agreement and we understand all of the
benefits.
Describe your firm’s capabilities and functionality of your on-line catalog / ordering website.
Currently customers have access to our electronic parts catalog provided through our sales
administration department. The process to order additional parts is via phone or email.
Tab 4 – Vendor Profile Page 8 of 12
Describe your company’s Customer Service Department (hours of operation, number of service
centers, etc.)
Flowbird’s customer service departments are located in Clearwater, FL and Moorestown, NJ.
Hours of operation are 8am-8pm EST, with optional 24/7 support available. Over 99% of calls to
the help desk are resolved through the phone, without Flowbird needing to dispatch a
technician onsite.
Flowbird will take all technical and commercially reasonable measures to provide a resolution
within four (4) business hours of receipt of Customer’s request for assistance.
Flowbird will escalate back office support requests to Level III if, within four (4) business hours, a
resolution is not implemented.
Green Initiatives
As our business grows, we want to make sure we minimize our impact on the Earth’s
climate. We are taking every step we can to implement innovative and responsible
environmental practices throughout NCPA to reduce our carbon footprint, reduce waste,
conservation, ensure efficient computing and much more. To that effort we ask
respondents to provide their companies environmental policy and/or green initiative.
A prime objective of Flowbird has always been to minimize the environmental impact of its
meters from the initial design stage right through their delivery, daily operation, dismantling and
recycling. From a manufacturing standpoint our goals are:
o Environmental impact during production
o Energy consumption and environmental impact during use
o Environmental impact at the end of the product life cycle
Throughout the world, Flowbird implements the following practices in our local offices to reduce
the environmental impacts of our operation.
LIGHTING
All Flowbird staff whilst at work either on Flowbird premises or on customer premises
are to ensure that the lighting they are using to work by, poses no nuisance to local
residents or vehicle drivers. The normal lighting in the workplace should be sufficient to provide
for a safe place of work. In the event of this no being the case, Flowbird staff are to advise their
immediate management and have adequate additional lighting provided (this will be particularly
relevant for field service/project work).
In the event of additional lighting being required it must conform to the following:
- Hand held/Head band mounted.
- Battery powered.
- Stated in the Work Instruction/Method Statement.
- Stated in the Risk Assessment.
Flowbird work activities (even with the inclusion of additional lighting sources) are not
expected to have any adverse impact on the local lighting levels. Therefore are
Tab 4 – Vendor Profile Page 9 of 12
considered as being unlikely to cause a nuisance to the environment.
NOISE IN THE WORKPLACE
It is accepted that the very nature of the work required to be carried out by Flowbird
staff will generate noise. All Flowbird staff must ensure they do all possible to ensure the
noise level is kept to a minimum.
Any noise generated by Flowbird work must not pose a nuisance to:
- Other Flowbird staff in the vicinity.
- Customer members of staff on site.
- Local residents.
- The general public.
Flowbird is committed to ensuring that the noise level that all staff and others
affected by Flowbird staff at work are subjected to falls within statutory limits, or PPE is
issued (as required). Flowbird will ensure this by conducting noise monitoring audits.
When working on site, it is the responsibility of Flowbird staff to liaise with the local
customer management representatives and to work only in the areas designated, taking
into account the amount of noise expected to be created and the nuisance level this
noise is likely to reach.
Noise generating work must be avoided (as best as is practicable) anywhere on a site that
is within 10 yards of a residential property.
All work carried out by Flowbird staff has been reviewed and a Risk Assessment has been
produced for these tasks. At this time it is deemed that the general level of noise
expected to be generated by Flowbird work does not warrant the provision of any noise
related PPE. Other than specific power tools, where PPE is identified as being required in
the relevant Risk Assessment.
AIR QUALITY
It is envisaged that the only impact on air quality that Flowbird local offices will have is by the
generation of vehicle exhaust fumes.
All project specific health and safety plans clearly instruct all Flowbird to only use the
vehicles for arriving to and departing from customer sites to carry out authorized work.
No vehicles are to be left running when not in motion and shortest, quickest routes are to
be adopted (where practicable).
The use of COSHH related substances is restricted to minimal requirements and the bulk
of the substances are solvent based cleaning materials. When such materials are being
used they are in a well ventilated area where an excessive build up of fumes is unlikely.
The amount of these substances used at any one time is deemed so minor that no impact
is anticipated in local air quality standards.
All Flowbird staff are reminded that the very nature of the business of company customers
Tab 4 – Vendor Profile Page 10 of 12
dictates that in many instances the air quality at the customers premises may be at a low
level. Whilst Flowbird staff have no direct control of this issue, they must ensure that they
go outside at regular intervals for short periods to breathe fresh, cleaner air.
CONTROL OF SUBSTANCES HAZARDOUS TO HEALTH
All COSHH related substances used at work by Flowbird staff must be the subject of a
COSHH assessment PRIOR to the substance being considered safe to use.
The substance must have a Risk Assessment carried out and must be detailed for use in
the relevant work instruction/method statement or health and safety plan. If no risk
assessment exists or the substance is not included in the relevant documentation, then it
CAN NOT be used.
Of the COSHH related substances that have received risk assessments and are included in
the relevant health and safety plans, many have a requirement for the use of PPE to be
adopted when using the substance. PPE is provided by the company free of charge and all
local managers are to ensure that all staff have the required PPE and it is in a serviceable
condition.
Flowbird is committed to complying fully with all requirements of the RoHS Directives and
Regulations.
Flowbird has a detailed Risk Assessment and the Manufacturers Data Sheet available for
all COSHH related substances used. Whilst it is envisaged that in the event of spillage,
the impact on the environment would be negligible (due to the small quantities), never
the less, within the documentation there is all necessary precautions and procedures to
be adopted in the event of a spillage.
DISPOSAL OF WASTE
Flowbird has a legal responsibility to ensure that all waste material generated through
company business is disposed of in a safe and practical manner.
All Flowbird staff are to be aware that waste can only be disposed of in a specific way,
dependant on the matter.
Normal waste would be that generated every day and disposed of by throwing it in the
bin outside the office. The local authority or private contractor will come along and
empty the bin.
When disposing of this type of waste material all Flowbird staff are to ensure all of the
waste product is placed securely in the bin and is not left in a position that it could blow
out in a strong wind, or be stored in such a way that it might become a fire risk.
This waste would be the scrap paper generated during the working day, drinks cups,
damaged cardboard cartons, etc. Due to the commercial sensitivity of the printed paper
within Flowbird, once this paper has been re-used as scrap note paper it will be shredded
and then be disposed of in the normal manner, rather than be provided for any paper recycling
Tab 4 – Vendor Profile Page 11 of 12
schemes.
Occassionally Flowbird premises might carry out recycling schemes for other waste
products such as:
- Printer/copier cartridges.
- Mobile phones.
-
Special waste would include the following:
- Batteries.
- Scrap PCBs.
- Cleaning Fluids.
- Toner cartridges.
(Although this list is by no means exhaustive).
This waste must only be disposed of through a specific licensed waste disposal operator
and a certificate of disposal must be obtained once the operator has removed the waste
material. Due to the nature of this waste material and the disposal methods, it is vital
that “ordinary waste” is not mixed with this waste.
Flowbird currently utilizes the re-cycling and re-filling of toner cartridges and at the end
of a cartridge’s life have chosen to dispose of them via a charity re-cycling scheme.
Where applicable, all Flowbird locations are registered with the Environmental Agency as
producers of hazardous waste.
Flowbird is committed to complying fully with all requirements of the WEEE Directives
and Regulations.
When working on customer sites, Flowbird staff are to remove all waste material from the
site and dispose of it upon their return to Flowbird offices. In the event that the site will
allow waste to be dispose of using local facilities, only “ordinary waste or re-cycleable
waste “ can be disposed of. All special waste must be returned to Flowbird premises for
correct formal disposal.
STORAGE
All material and equipment must be stored in a safe and sensible manner.
All COSHH related substances must be kept with the tops/lids tightly secured and in a
safe place so as not to be accessed by unauthorized users.
All fluids must be stored in satisfactory fireproof cabinets (as required).
All materials must be handled in such a way as to pose no threat to the environment or
people in the vicinity.
All Flowbird staff will use the cardboard cartons as often as possible until they are
deemed no longer safe to use. Once these cartons have been used to destruction,
Tab 4 – Vendor Profile Page 12 of 12
they will be disposed of in the normal manner.
ENERGY CONSUMPTION
Flowbird acknowledges that the company is not an excessive user of energy resources, but
does take in to consideration the wise use of energy in the following areas:
- Avoiding unnecessary lighting being left switched on, after safety and security
measures have been taken in to consideration.
- The sensible balance of the use of resources such as central heating and air
conditioning in offices to avoid unnecessary wastage.
Flowbird has a requirement that all Company provided vehicles meet stringent criteria
regarding CO² emissions.
Where practical Flowbird will make use of public transport in preference of motor
vehicles.
Vendor Certifications (if applicable)
Provide a copy of all current licenses, registrations and certifications issued by federal, state and
local agencies, and any other licenses, registrations or certifications from any other
governmental entity with jurisdiction, allowing respondent to perform the covered services
including, but not limited to, licenses, registrations, or certifications. Certifications can include
M/WBE, HUB, and manufacturer certifications for sales and service.
Flowbird has licenses to do business in many cities/states around the country. These licenses
are available upon request.
Tab 5 – Products and Services
Tab 5 – Products and Services Page 2 of 57
PRODUCTS AND SERVICES
Flowbird is providing several choices for this parking system implementation. All options have been
proven and installed in the field.
CWT Pay Station featuring either a monochrome or touch color display screen
Strada Pay Station featuring either a monochrome or full color display screen
MAX single or dual space meter
Flowbird mobile app available on the App Store, Google Play Store and at
www.flowbirdapp.com
All information (e.g. transactions, alerts, alarms) generated by the pay stations and all app transactions,
are sent in real-time to Flowbird back-office suite for reporting and analysis. Additionally, transaction
details are sent in real-time to your preferred enforcement system. Our system is already integrated
with the leading citation issuance and LPR systems on the market today.
The system is scalable and flexible. This allows clients to add additional pay stations or take on large
amounts of additional transactions without interruption. Our rate engine is very powerful, allowing us
to accommodate almost any rate structure the client desires to implement.
On the following pages you will find descriptions of all system components.
Tab 5 – Products and Services Page 3 of 57
CWT PAY STATION SYSTEM AND CWO BACK-OFFICE OVERVIEW
Physical Security and Lock
Flowbird CWT pay stations are comprised of an upper and lower compartment to create
the cabinet. This construction provides additional security against cash theft. The upper
compartment is where maintenance staff can perform maintenance tasks such as
preventative activities and replacing empty paper spools. The lower compartment is where
collection staff can perform cash collections. Like other pay stations where a collection
door is reinforced, the collection door is made of 304 stainless steel, reinforcement is not
required.
CWTs have a 4-Point locking solution ensuring maintenance and collections teams have
access to the appropriate cabinet section. The upper section, lower section, collection door
and vault are keyed differently. The upper and lower compartment doors have 4 locking
hooks that connect the door to the compartment. Manual and electronic locks are
supported. Credit card reader is recessed, prohibiting skimming devices from being
attached.
Door hinges and seams are internal and tight to prevent the CWT from being pried open.
Locks and bolts are out of public sight.
When the cabinet door is opened and/or coin box is removed the meter will send a
notification to all valid recipients via text message or email. The coin box can only be
opened with a collection key and is closed to the collector.
Vibration and shock sensors are offered as an option. If the sensor is triggered, an SMS/email is
generated notifying the sensor has been triggered.
External Shell Frame
The CWT pay station cabinet is made with 304 stainless steel. This particular stainless steel adds
protection against corrosion to many chemical corrodents, industrial atmospheres and marine
environments. A graffiti-resistant powder coating is applied to the inside and outside of the cabinet. This
provide additional protection against the elements, including human (vandalism) and environmental
(weather). The powder coating makes it easier to remove unwanted paint, marker tags and adhesive
materials.
The CWT is comprised of an upper and lower compartment to create the cabinet. This construction
provides additional security against cash theft. The upper compartment is where maintenance staff can
perform maintenance tasks such as preventative activities and replacing empty paper spools. The lower
compartment is where collection staff can perform cash collections. Like other pay stations where a
collection door is reinforced, the CWT collection door is made of 304 stainless steel, reinforcement is
not required.
Tab 5 – Products and Services Page 4 of 57
Display Screen
Flowbird offers 3 display options for the CWT –
9” Color Touch Screen. The color touch screen moves all controls on to
the display allowing for very flexible interfaces maximizing the potential
of the pay station to do thing beyond parking.
7” Color Screen, the color screen provides all the benefits of the
monochromatic screen but adds the ability to add visual cues (such as
font customizations and images) and incorporate videos in to the user
interface. Videos can be used to display instructions on how to use the
pay station, a welcome message or commercials
6.5” Monochromatic Screen, the monochromatic screen was traditionally
used for parking operations. The screen options provide a dynamic flow
and the option to display all rates and information on the display to
minimize printed information on the meter.
Solar Panel
For coin/card CWTs, the solar panel is flush with the top of the meter and invisible to anyone under six
feet. This both maximizes its exposure to sunlight and minimizes any negative effect on the meter
design as well as the possibility of vandalism or theft. Flowbird uses a commercially available 12V 75AH
recyclable sealed lead acid battery that usually last between 3-5 years. The battery supplies the power
to the meter, and is trickle charged through a solar panel.
Key Pad
The 6.5” monochromatic screen and 7” color display includes an external key pad. The key pad has six
Piezo-type action buttons under the display. Up to 42 additional button locations support alpha-numeric
on the front of the meter. All button functions are programmable at the meter. The top six action
buttons are generally used for Enter, Cancel, Rate Selections, Credit, Debit, Language selection, and Help
information. The 42-button alpha-numeric support is generally used for space number and license plate
number input. The Piezo keyboard plays an audible sound when buttons are pushed.
The keypad is also tamper, weather, and corrosive resistant. CWTs proved exceptionally durable during
rigorous testing. Our meters are able to withstand various climates. These include the arid deserts of
Southern California; the humid coastal communities of Florida; the “four seasons” climates of the
Midwest and Northeast, and the extreme winter conditions of Montreal and Quebec, Canada.
The 9” color touch display does not offer a Piezo-type keypad. The key pad is incorporated into the
display. The appropriate keys pad and buttons display depending on the information presented.
Example: Home page may display information about rate structure and parking. A button will display
informing the user to hit the button to continue. The next screen may ask for the license plate and will
display the key board for the user to enter their license plate.
Tab 5 – Products and Services Page 5 of 57
Openings on Pay Station Such as CC/Coin/Cup
The Flowbird CWT pay stations meet current ADA requirements by placing the maximum high side reach
at 47 1/4", which is lower than the 48" requirement. Flowbird also maintains ADA guidelines by being
able to operate the pay station with one hand and do not require tight grasping, pinching or twisting of
wrist. The pay station may also provide for optional audio assistance, if used for a purpose other than
parking. Audio comments may be relayed through an audio jack, or a speaker. (Audio jack is not
standard, this is a special order.)
Coin acceptor includes an automatic shutter, which opens for coin insertion, but not for non-metal
objects.
The credit card (CC) reader is flush-mounted with no part of the reader protruding outside the cabinet,
this design limits the insertion of a credit card skimmer.
Coin Slot and Acceptor
Coin acceptor includes an automatic shutter, which opens for coin insertion, but not for non-metal
objects. Non-programmed coins or anything metallic that is inserted will be directed to the coin return
bowl, and not be found in the vault. The CWT pay station uses a free fall coin acceptance system to
minimize the possibility of jamming of the unit and to reduce necessary maintenance, overall, on the
system.
The CWTs are able to accept up to 16-coin denominations through our coin shutter/validator, which on
accepts coins that have been programmed to be valid payment options.
Cash Vault Compartment
CWTs are equipped with a secure vault locking system. The vault system is located behind the outer
door of the bottom cabinet which is secured with reinforced steel. The vault door is made of armored
steel. The lock is an advanced, four-point locking point system. Flowbird offers an electronic lock option
giving clients more control in the collection process. When the coin box is removed, the pay station will
send a notification to all valid recipients via text message or email. The coin box can only be opened with
a collection key and is closed to the collector. To eliminate the possibility of skimming, it can only be
opened once. No maintenance or safety requirements are needed for the vault locking system.
Coin canister can hold 3,000 coins or up to $650.
Printer, Paper and Payment Receipt
CWTs are equipped with a thermal printer using direct thermal printing to generate characters, symbols
and graphics. Printed receipt design is configurable and support both landscape and portrait layouts.
Paper options include security features such as foil and unique numbering to defend against counterfeit
and duplicate receipts.
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The printer module consists of the printer and the paper supply roll. The printer module is positioned on
a vertical main assembly plate that can easily be removed for repairs or if the printer is no longer
required (electronic receipts). Electronic receipts such as email and SMS text are supported.
Battery
CWT pay stations use a commercially available 12V 75AH recyclable sealed lead acid battery that usually
last between 3-5 years. The battery supplies the power to the meter, and is trickle charged through a
solar panel. Battery is located in the lower cabinet and can easily be removed for battery replacement.
Temperature and Moisture Specifications
Flowbird pay stations have proven its ability to withstand extreme conditions in varying climates.
Flowbird pay stations are installed in areas with harsh environmental factors (United States, Canada,
Sweden, Norway, Russia, etc.). The pay stations are not adversely affected by weather conditions
despite the fact that they are often subjected to salt, air, humidity, frost, snow and ice. CWTs are rated
to work in 99+ percent relative humidity and at temperatures up to 140º F and down to -22º F. CWTs
protected LCD screen is tamper, weather and corrosion proof. The keypad is also tamper, weather, and
corrosive resistant.
Components are dipped in conformal coating which protects the components from moisture. All Printed
Circuit Boards (PCB) used in CWT pay stations are protected with a double solder mask lacquer (min 25
my) to shield certain areas, such as edge connectors from solder wetting. The PCB is then coated with an
ultra-low viscosity, one-component silicone, which cures, at room temperature, to an elastomeric
rubber upon exposure to humidity in the air. This product has a quick surface cure that is non-corrosive
to metals, including sensitive metals such as copper, emits no harsh odors during curing and has good
adhesion to a wide range of substrates. The cured material has superior anti-reversion properties,
excellent resistance to various and extreme temperatures, electrical insulation properties, weather
ability, water resistance and is ideally suited for general-purpose adhesive sealing, potting and coating of
electrical and electronic parts. Coating used: TSE3991 CU.
Cellular Communication
CWT pay station modems utilize 3G/4G technology. Pay station supports up to two modems, supporting
different carriers. Alternately, Flowbird has access to multi-operator SIM cards. CWT supported modems
support multiple mobile internet speeds such as 4G LTE, 4G, 3G and 3rd party coverage.
CWT pay stations have the ability to process transactions when offline. When communication is
restored, transactions are processed. Enforcement can access a pay station and print a list of
transactions processed to assist with enforcement until communication is restored.
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Payment Options and Payment Ability at the Pay Station
Payment methods supported include coin, bills, credit card, smart card (magnetic stripe and RFID),
coupon codes, eValidations, tokens, and contactless payments. Additional hardware may be required
depending on the payment products selected.
Flowbird has achieved certification as a PCI Level 1 Service Provider. Our EMV readers are level 1 and
level 2 certified.
Coin acceptor supports multiple coin combinations. Standard US coin denominations include $0.05,
$0.10, $0.25, $0.50, $1.00. Coin acceptor includes an automatic shutter, which opens for coin insertion,
but not for non-metal objects.
Credit card reader supports the major credit card brands such as Visa, MasterCard, Discover, American
Express, Diners Club. The reader is duel directional.
Smart Card are reloadable cards. This is a great alternate to a credit card.
Coupon codes can be created and provided to an individual or group for free or discounted parking.
Codes can be created by date range, time and number of uses.
Evalidations can be used by merchants or third parties to provide free or discounted parking. The license
plate is recorded at a tablet, smartphone or computer and a parking session is automatically started.
There is no need to go to the pay station.
ADA Compliancy
The CWT meets current ADA requirements by placing the maximum high side reach at 47 1/4", which is
lower than the 48" requirement. Flowbird also maintains ADA guidelines by being able to operate the
pay station with one hand and do not require tight grasping, pinching or twisting of wrist. The pay
station may also provide for optional audio assistance, if used for a purpose other than parking. Audio
comments may be relayed through an audio jack, or a speaker. (Audio jack is not standard, this is a
special order.)
General Pay Station Design and Features
Parts
CWT components are “plug and play”. As part of our on-site training, technicians will be providing
detailed training on trouble-shooting and replacing components. The majority of our customers perform
their own preventative maintenance including changing out components. Components can be changed
out in a matter of minutes. No propriety tools are required. A socket wrench and screw driver are all
that is required.
CWTs are able to self-diagnose and send alarms in real-time to the back office; alarms will also alert
designated parties via text or email. Pay station components are flush mounted to the door and to the
back of the meter.
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Data
Flowbird is PCI-DSS Level 1 and SAS70 certified. Flowbird follows the guidelines from the PCI-DSS
standard and have regular penetration tests performed by external companies. These penetration tests
are conducted both by systems and humans. Flowbird’s back office management solution is reviewed
by an external security audit every year and is under scheduled scans on a regular basis to detect any
vulnerability.
To ensure security of the wireless information, Flowbird uses a RSA 2048-bit encryption on any sensitive
customer data.
Cale WebOffice (CWO) is accessible to those with a valid user name and password. CWO’s user
administration allows for user roles. User roles determines what CWO functions a user will have access
to. Typical user roles include enforcement, finance, pay station maintenance and administrator. Once
roles are defined, user accounts can be created.
Alarm(s) are created in CWO alerting particular staff of the alarm(s). Alarms can be text, email or silent.
CWO supports over 80+ alarm events. Alarms notification is configurable by each user. A sampling of
alarms include door open, coin fishing attempt, vibration detection, and pay station not responding.
Management Software System Capabilities
CWO is a fully web-based service that requires no PC software to be installed or maintained by the user.
Updates and new functions are installed by Flowbird Support. There are typically two updates per year.
Updates are included in the monthly on-going service fee.
CWO offers several useful features that maximize your efficiency, profit and meter availability. The
interface with the multi-space pay stations are transparent and, with a convenient drag and drop
functionality, pay stations can be divided into groups (districts/zones). Updates can easily be pushed out
to specific groups. There is no need to visit each pay station to apply an update. This is particularly
useful for larger parking operations with large quantity of pay stations where different rate structures
are used.
Security is the top priority. Protecting information from unauthorized access is one of the key elements
on which the system is based. The administrator can assign different access levels and privileges to
users. For example, one person can be authorized to deal with the alarm function, another only
authorized to change meter groups, and a third authorized to analyze reports and statistics.
CWO also has an automatic alarm management feature. If a meter has been damaged, needs to be
emptied, or malfunctions, a message is generated in CWO and can be sent to a technician.
Mapping of the terminals through Google Maps allows clients to easily obtain a visual indication of
where pay stations are location and the status of the pay station. Clicking on a pay station icon will
produce a “status bubble”. The bubble will provide additional information about the pay station
including any unresolved alarms.
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Accounting and Reporting
CWO offers several reporting options. Each option allows for varying levels of flexibility in developing a
report and the Flowbird implementation team will
assist you in setting up the reports needed.
Standard Reports are pre-defined reports allowing
the user to define parameters. Reports are broken
down into categories such as Financial Overview,
Terminal Balance, Collection, Purchase, Card
Transaction, Event, Top 10 Statistics, and
Scheduled Reports. Examples of standard included
reports are Current Maintenance Action Required,
Terminal Out-of-Order, Communications
Problems, Maintenance Performed in the last
seven days, Cash Collections for the last seven
days, Cash-In-Terminals currently, Consumables
Status (paper and batteries), Parking Activity (number sold and dollar amount), Ticket Sales Analysis,
Transactions by Payment.
Custom reports can be created via the analysis function. The analysis function is a very powerful tool for
refining statistical data and looking at the information from different perspectives. The technology used
to process and present the information is OLAP (online analytical processing). The analysis function is
available for collection, purchase and event data.
The Dashboard functionality equips users with up to date, graphical widgets that enable quick and easy
data analysis so parking operations can focus on driving performance, not measuring it.
Occupancy
CWO offers an reporting and statistics on occupancy. Options include Online
Paid Occupancy, Historical Paid Occupancy, Paid Occupancy Analysis and
Occupancy Calculation. It starts with Google Maps and identifying zones,
number of spaces and identifying terminal locations within each zone.
When viewing the map, the parking zones are highlighted on the map. Zoom
feature allows for you to enlarge the map and see the shape of the parking
zone. The name of the parking zone is also displayed.
A 3-color gradient scale is available from green to red to show occupancy
levels. Green is low occupancy, yellow is around 50% occupancy and red is
at or near 100% occupancy.
Occupancy views are available in real-time or in the past (historical) via
playback.
In the Historical Paid Occupancy feature, you can look at
occupancy counts in the past. Zones change color (green to red) to
show occupancy levels at a particular date and time. Clicking on a
particular zone will show the paid utilization rate for the particular time and date.
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Rate Package Capabilities
CWO rate management functionality is
displayed in the form of a standard week
(Monday – Sunday) calendar. The calendar
shows the standard rate structure for a
given day and time. Exceptions to the
standard rate schedule can be defined by
date allowing for special rates such as event
parking or free parking for holidays. The
exceptions are automatically communicated
to the CWT pay stations and rates are
adjusted accordingly.
Rate management functionality can also be
used to implement new rates on short
notice. For short notice updates the back
office uses the new remote management
feature to communicate with the CWT pay
station over cellular connection triggering the pay station to contact the back office and retrieve the
new rate or command to execute.
Communications
Because of the properties of GPRS technology, communication is always initiated by a heartbeat pulse
sent from a terminal. If, for instance, a schedule is set so that the coin collection balance should be
retrieved each Monday at 12 pm, the file transmission will start at the first heartbeat after 12 o’clock.
Event information, such as warnings and alarms, are reported automatically by the terminal either
immediately as they occur or after a certain delay set in the terminal.
Pay station job history logs are obtained under Terminal Administration.
API to Outside Data Warehouse
Flowbird offers both live and batch data exports. Information exported includes purchase, event,
collection and file repository (batch export only). Data is exported in XML format and is requested by
calling web services. The exported XML files are compressed to a ZIP file that is downloaded via an URL.
All web services are documented. Manuals can be obtained from Support.
Credit Card Processing
Flowbird is PCI-DSS Level 1 and SAS70 certified. Flowbird follows the guidelines from the PCI-DSS
standard and have regular penetration tests performed by external companies. These penetration tests
are conducted both by systems and humans. Flowbird’s back office management solution is reviewed
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by an external security audit every year and is under scheduled scans on a regular basis to detect any
vulnerability.
We are listed as a valid service provider for Visa Cardholder Information Security (CISP) and MasterCard
Site Data Protection (SDP) programs.
A detailed step-by-step process of Flowbird’s CWT credit card acceptance procedure can be found
below.
Hosting Services
Flowbird provides all hosting of pay station and mobile payment data in our secure data centers.
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Screenshots of Cale WebOffice (CWO) Reports
Purchases
This screen shows the purchases, by meter, for coins and cards on a specified date.
Financial Overview
This shows the aggregated terminal sales for a 7-day period. The time period is adjustable.
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Collections
This screen shows the collection information from a specific terminal.
Purchase Analysis
This bar chart shows purchase counts, by terminal.
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Collection Overview Report
This report shows an overview of meters collections sorted by dates (2/1/12 to 2/29/12) then pay units
(coin and credit card).
Unresolved Alarms
This lists any meter that may have an unresolved issue (paper near end, door opened, full coin vault,
etc.)
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Events Report
This report lists events (door opened, coin collection, etc) from any terminal, for a user-defined period
of time.
Event Analysis
This graph shows all event codes by event count, for a user-defined period of time.
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Credit Card End of Day Report
This list shows the end of day status of specific credit card deposits for a user-defined timeframe.
Credit Card Transactions Report
This shows the details of every credit card transaction. Note: no one has access to complete credit card
number information. Cale is PCI Level 1 certified.
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Strada Pay Station System and Smartfolio Overview
Physical Security and Lock
The Strada is manufactured using heavy grade steel, with the collection vault
door constructed of additional steel plates. The Strada’s housing has internal
hinges with anti-wrenching elements. There is no hinge attack point, or pins
to cut or pry off the machine.
Like other sophisticated devises where security and corrosion are a
concern, our advanced use of a variety of materials reduces weight,
enhances weather resistance, and reduces vandalism from strikes and
graffiti, thus providing greater overall durability.
All external painted surfaces feature an epoxy powder-coat paint that is
coated in a liquid polyurethane varnish with anti-UV and anti-graffiti/poster
glue properties. The coating process consists of Cataphoresis, Adhesive
powder, powder paint and powder varnish. This process offers resistance to
corrosion according to Norm NFX 41-002 (resistance to salt spray and saline
fog) and specified at 1,200 hours with REO. In addition, the unit conforms to
Norm IEC 68-2-11 (saline fog). Testing to validate compliance has been
carried out in a CESI approved laboratory. The seals on the unit meet an IP33
protection level, based on the European norm, EN 60529.
The 4-point locking system ensures that only the appropriate personnel have
access to the maintenance area. The collection area is separate from the
maintenance area and its own locking system.
Door alarms are integrated into the Strada so that an alert is triggered in the
back-office when the maintenance or collection doors are open. The Strada
also has an integrated shock detection sensor and an optional tilt alarm. Both communicate alerts to
the back-office if an abnormal vibration event occurs (e.g. there is an attempt to pull the Strada from
the ground).
Display Screen
The Strada offers two different display options –a 4” x 2.75”
monochrome display and a 7” full color display screen. Both displays
are graphical, allowing for the display of various messaging/fonts as well
as logos. The 7” color display allows for the display of animations and
GIFs to help the end user quickly make their transaction. There is
enough space on either display to incorporate 6 lines of messaging (the
7” display can incorporate additional lines). The display walks the user
though the transaction step by step minimizing or eliminating the need
for instructional decals.
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Rates are viewable on the display and they can be remotely updated, along with coinciding messages,
from the back-office system.
The displays are backlit and can be easily read under various daytime and nighttime lighting conditions.
The displays are recessed and protected by a polycarbonate window. This window The window is
transparent has near optical quality to ensure clear display and panel visibility without distortion
or iridescence. The polycarbonate window is specified to stand up to UV radiation.
An example transaction flow specific to a Pay by Plate deployment can be found on the following page.
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Solar Panel
The Strada is powered by a 30 watt solar panel. The solar panel is integrated within the top of the
device. The Strada runs with ambient light. Rain, snow, fog, and other adverse weather conditions do
not pose a problem for its functionality. There is no need for
multiple batteries in the machine for uninterrupted operation.
The design of the solar panel allows for 4 way rotation to point
the panel in the best direction towards the sunlight.
The solar panel re-charges a commercially available 12V 27AH
battery. All major components have been designed by Flowbird
to consume the least amount of power. AC mains power is also
an option where it is available.
Changing the power source (battery) can be accomplished easily.
The unit is also equipped with a back-up battery to sustain the clock, calendar and storage of all
information concerning revenue, maintenance and unit transactions during a main back-up system
failure or battery replacement.
The power consumption of the Strada is less than 3mA in standby mode. It is has been our experience
that the battery life exceeds three years without a “bench” recharge or replacement.
In the event that the threshold level on the buffer battery falls below a certain level a “green” warning
indicator will flash on the face of the machine. The field technician can consult with the machine to
determine the voltage reading on the battery. In addition, the machine will also automatically
communicate the low battery condition to the server. Maintenance personnel are then able to access
this information from Smartfolio and can also receive an email or text concerning this alert. The machine
will continue to fully operate in this mode.
In the event that the maintenance personnel do not change out the battery, and the battery fails, the
indicator on the face of the machine will change to a “red” flashing light indicating that the machine is
out of order. The change in the battery status will also be posted on Smartfolio and sent to
maintenance technicians as an email or text alert.
Key Pad
Strada is equipped with a customizable capacitive keypad featuring soft keys and audible indication. A
key differentiator is that the overlay on the keypad can have any type of color or text to allow clients to
provide the best user experience. The keypad allows for an easy switch between parking configurations
without having to replace the actual hardware. The overlay and software are the only items that need
to be changed if the client desires to change the button layout or the parking mode.
The keypad does not have any mechanical buttons and does not allow for rain, snow, dust, dirt, or sand
to penetrate it.
Example keypads are shown on the following page.
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Openings on Pay Station Such as CC/Coin/Cup
The Strada features ergonomically designed aperture openings for the insertion of payment, coins or
cards, coin return and receipt dispenser. All have high impact polycarbonate covers or direct access
through the steel door. Each aperture is designed to render vandalism to an absolute minimum. The
coin entry slot is protected by a metallic sensor shutter that opens only for coins that meet sufficient
metallic content standards.
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The card reader is protected by a specially designed bezel with protrusions that guard against
skimming devices. The card reader is designed for insertion of the card, allowing the client to
maintain control of the card at all times.
The coin return cup is protected by a moveable cover. This keeps foreign objects out, yet provides
access to returned coins.
The receipt cover is see through to allow clients to visually see the receipt has been issued yet
designed that the receipt drops internally from above eliminating any opportunity to jam the
mechanism and protecting it from inclement weather conditions.
Coin Slot and Acceptor
The Strada can distinguish between up to 14 different coins and/or tokens, including nickels, dimes,
quarter, Susan B. Anthony dollars, Sacagawea dollars, and the new presidential golden dollar coins.
The Strada pay station features a patented motorized coin selector and recognition system that controls
the movement of inserted coins in the meter (speed, position etc.) and which is unaffected by changes
in temperature and humidity. The Strada coin path is the shortest in the industry which is key to
preventing internal coin theft since the selector fully controls and contains the movement of the coins
from the point they are inserted in the unit. The coin speed functioning is carefully controlled instead of
relying on gravity test.
The Strada selector utilizes a barrel that protects the inlet when the machine is at rest, opens the inlet to
introduce a coin, directs valid coins to the coin escrow and channels foreign objects to the coin return.
The default position on the barrel is solid and therefore will not allow the introduction of a non-metallic
object. This prevents the introduction of plastic, wood, cloth and other non-metallic objects from
entering the coin selector. The motorized wheel also prevents the validation of coins that are attached
to strings or other removable devices.
The coin validator unit utilizes both optical and magnetic detectors to determine if a coin is valid or not.
The coin inlet detects when a coin is approaching. The detection of the coin signals the coin inlet to
open and the sensor to awaken.
After the sensors have evaluated the representative measures of the coin’s diameter, thickness, and
material composition, they are compared to pre-programmed data. The main board then validates or
invalidates the coin according to how well it matches this data.
If the coin is validated, the trap door opens to deflect the coin into the escrow, which can hold over 75
US Quarters. A set of optoelectronic sensors fitted under a prism checks that the coin has moved. If the
coin is not valid, it is evacuated into the coin return.
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Cash Vault Compartment
The Strada features separate, secure compartments for maintenance
(upper) and collection compartments (lower). The unit is equipped with
separate compartments and keys. Locks are high security type and are
protected from weather, vandalism and drilling by a steel baffle plate.
There is no access to the vault area for coins by maintenance personnel,
and vice versa.
The collection compartment features a lock that can be uniquely keyed
to each vault area. The Strada utilizes a Mobile Coin Box type system
where a full coin canister is replaced with an empty one. This method
of collection lets you anticipate the weight of the coin canister since
the weight is initially supported by the vault door during lift. The Strada
coin vault holds up to $800 in quarters.
At no time during the process does the collection personnel have
access to the cash contents of the machine. A separate key is required
to open the sealed coin vault. A coin vault cannot be removed and re-
inserted without the internal locking mechanism being opened and
reset via a high security specific lock and key. This precludes any ability
for theft. The coin container is ergonomically equipped with a handle
for easy handling.
The vault door of the Strada takes up very small sidewalk space and does
not go all the way to the ground which is especially important when collecting during snowy conditions.
When a collection is performed, a notification is sent to the back-office system providing all details of
the collection including the amount and type of coins along with the corresponding dollar amount.
Bills
The Strada recognizes $1, $5, $10, $20 and $50 dollar bills or any combination thereof. The ability to
determine what bills are accepted can be configured via a handheld program loader at the unit. The bill
acceptor is programmable onsite to accept new bank notes issued by the U.S. Mint.
All bills are accepted 4-way and in any direction.
The Strada bill acceptor has an acceptance rate of 98% for street quality bills. Rejected notes are returned
to the parker.
The bill acceptor is designed with an access door on the top of the unit for maintenance personnel to clear
bill jams. No tools are required to open or close the access door. Jammed bill removal process typically
takes less than 30 seconds unless the note is torn. The bill acceptor has a capacity for 1,000 bills.
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Printer, Paper and Payment Receipt
The Strada pay station is equipped with a thermal graphic printer built
to provide constant printing quality (legibility) and minimal maintenance
(accomplished through limited moving parts and ease in clearing the
paper path).
The printer does not require servicing and the thermal head is self-
cleaning. The printer assembly and thermal head can be changed easily,
without the use of tools. The printer blade is self-sharpening and needs
no servicing.
The printer is run by a microprocessor linked to the main board and has
the capacity to print a receipt within two and one-half seconds. The text to be printed is also controlled
by the main board. Printed text and graphic/logos can be supplemented with pre-printed text and/or
graphic designs. The printer is capable of printing variable-length and multi-part (perforated) receipts
with various text messages. The font type and format is flexible as upper and lower case along with
mixed fonts can be interspersed.
A continuous single roll of thermal printed-paper supplies the printer. A standard ticket roll stock has a
capacity of 6,500 tickets. Pre-printed paper with black marking dots is utilized to allow the printer to
adjust the thermal printing to the pre-printed text and/or graphics on the ticket stock. The markings on
the ticket stock also provide the capability to print variable length messages. The printer can also print
on “sticky-back” paper, which works great in a Pay & Display parking application. A “sticky-back” ticket
roll has 3,000 tickets. Additional security features can be added to the paper such as foil or watermarks.
Paper is easily inserted into the printer by positioning the paper lead inside the plastic guide located on
the front of the printer. The guide is directly accessible and visible to maintenance personnel.
Temperature and Moisture Specifications
The Strada sets the industry standard for high resistance to weather including water, snow, ice and dust
penetration to the internal areas. All openings are either shuttered or angled to deflect penetrating
moisture and dust. The design of the interlocking cabinetry acts as a channel to again capture and
deflect moisture and dust maintaining the system integrity and reliability. The Strada maintains an
operational temperature range of –22 F to 131 F and at 97% RH (Non-condensing humidity).
Strada models are by design weather resistant and have a graffiti resistant coating. The edges of the
housing have a rolled finish so edges are not exposed to the elements but are located inside the housing
to protect against corrosion. The unit is coated and painted to provide the best possible durability
against the elements, potential graffiti and vandalism. The paint process has been refined and improved
as a result of our years of experience, worldwide installations with every climatic condition and
improvements in paint and coating technologies. Today, our products last an average of ten years
without need for repainting services.
All main components are located inside the housing, allowing for maintenance activity during inclement
weather.
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Cellular Communication
Strada features a 4G cellular modem with the capability to communicate with major cellular providers
such as AT&T, T-Mobile, and Verizon. A unique SIM card is provided with each Strada allowing the
modem to wirelessly communicate everything that happens at the Strada (e.g. transactions, alerts,
alarms) to the back-office parking management system.
The modem allows for two-way wireless communication in order to remotely send updates such as new
rates, policies, messages to the Strada as needed.
Payment Options and Payment Ability at the Pay Station
The proposed Strada can be configured to accept coins, tokens, credit cards, and
smart cards. Strada can be equipped with a contactless antenna to allow for NFC
payments such as Apple Pay, Samsung Pay, etc. We can also provide a system for
you to create validation codes that are accepted at the Strada.
Credit card data is encrypted at the pay station level. Credit card transactions are
processed in real-time and the Flowbird system is PCI Level 1 v3.2 certified to ensure
the highest level of security. The Strada card reader is PA-DSS certified and EMV
certified.
ADA Compliancy
The Strada model has been mechanically designed to be a world-class ADA/DDA compliant meter.
Flowbid undertook a project to analyze the most stringent Disabled/Disability requirements from the
major countries and has built those into the current production model.
For U.S. requirements, this means all controls and client interface points are located at 4 8” or
below. The user controls are designed to eliminate tight grasping, pinching, or twisting of the
wrist.
Per the ADA Federal Guidelines:
308.2 Forward Reach.
308.2.1 Unobstructed. Where a forward reach is unobstructed, the high forward reach shall be 48 inches
(1220 mm) maximum and the low forward reach shall be 15 inches (380 mm) minimum above the finish
floor or ground.
General Pay Station Design and Features
The sub-assemblies of the meter are of a modular design to allow easy servicing through plug-in
replacement parts. All electronic connections are of high quality and feature gold-plated terminals.
Contactless payment
option on Strada
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The main board and internal components are environmentally sealed, highly water-resistant and
are able to operate in conditions that exceed 97 percent humidity.
Every electronic component on the machine is coated to prevent operational failure and to ensure that
the unit will stay fully operational within the specified temperature and relative humidity ranges.
Electrical connections between components/modules are accomplished with connectors. The machine
has been designed so that the connectors for each component have a unique size and cable length
preventing the deliberate or inadvertent connection of incompatible assemblies. Where feasible,
wiring is held in position with clips.
The unit is designed around a 32 Bit Risc Processor. All memory is backed up with an exchangeable data
module. There are a minimal number of sub-assemblies and therefore a reduced number of connectors,
which is essential in improving reliability. Typically the equipment has the following main sub-
assemblies:
1. Main board with datapack
2. Coin selector
3. Card Reader
4. Printer
5. Modem
6. Display
Access to the components can be tracked via the back-office system utilizing a maintenance card option
or through integrated electronic locks.
Installation of the Stradas on-street or in surface lots is simple as it requires no electrical hookups.
Typically the Stradas are anchored to existing concrete with 4 wedge anchors. The Stradas are installed
and manufactured to be ADA compliant.
The Strada has an integrated sensor to detect vibration and sends vibration alerts to the back-office
system.
The Strada housing, components, and coin boxes can be equipped with bar codes/RFID tags to support
inventory tracking.
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Data
The Strada pay stations communicate via wireless two-way communication with Flowbird’s powerful
back-office parking management suite which provides data/financial management solutions. The
system is a complete suite of services based on a
unique IT platform developed and managed by
Flowbird as a fully hosted service. Smartfolio
manages the information to and from the pay
stations and redirects it to the customer via a
password protected, web based interface.
Everything that occurs at a pay station (status
check, collection, maintenance operation,
transaction, etc) is recorded and regularly
transmitted to the central server. This information is then processed and ready for you to review and
analyze.
The back-office system allows you to remotely download rate, message, and ticket changes to the
Strada.
Using the Smartfolio web interface you can view all sales data in many different forms. For instance,
you can view transactions by pay station, by group of pay stations, by type of transaction, or by type of
user.
You can monitor the status of your pay stations using Flowbird’s Smartfolio web interface because all
alarms and warnings are right there for you to view. Like your sales data, maintenance data can also be
viewed in different forms, making it easy to put a maintenance schedule together. Smartfolio can also
send specific alarms right to your cell phone to alert you of a problem immediately.
Flowbird’s credit card processing solution has earned Level 1 PCI certification, which is the highest rank
available from the major credit card providers (VISA, MasterCard, AMEX). Level 1 is only given to those
third-party providers who handle thousands of credit card transactions monthly and who meet their
stringent – and audited – credit card transaction security protocols to protect your customers’ personal
transaction data. Level 1 requires an external audit for approval, which is more rigorous than the self-
audit that some vendors may do.
Our system provides 128 bit DES encryption when the credit card is read at the card reader. The
encrypted card information is then transmitted directly to your PCI compliant transaction service
provider/clearing house.
Management Software System Capabilities
The Smartfolio back-office system allows your team to modify rates, policies, and messages on a web
based interface. The Smartfolio system is flexible to manage many different parking rates and is capable
of charging pricing specific to the time of day. The system respects the parking policies setup in the City
including “no-charge” parking times and minimum/maximum parking limits.
Tab 5 – Products and Services Page 29 of 57
Rates can be remotely downloaded from Smartfolio to avoid having to visit the Stradas to make a rate
change. The downloads can be scheduled well in advance to ensure the proper rates are downloaded
on the right days. When a rate is downloaded Smartfolio allows your team to track the progress. The
system provides a status of download time as well as installed time.
When preparing to download a rate structure, your team can choose individual pay stations or groups of
pay stations for each specific rate structure.
The Smartfolio system incorporates a simulator tool that allows you to make virtual payments to test
how the rate structure that was built reacts based on the desired policies.
In addition to managing rates on the Stradas, the Smartfolio system allows your team to monitor each
pay station in your parking system. All warning alerts (e.g. communications, low paper, low battery) and
alarms (e.g. coin jam, paper out) are reported to Smartfolio in real-time.
Rate Package Capabilities
The Stradas are able to manage a variety of pricing models (e.g. flat rates, hourly rates, special event
rates, progressive rates) and products (e.g. parking, bus tickets, etc). The system is very powerful and
rate configuration can be managed for each
minute of the day. Rates can vary by pay station,
zone, and by time of day. For instance, the rate
structure can change during rush hour or peak
times and then go back to a standard rate
structure.
Strada is able to accept pre-payments for parking
with the parking time starting at specified
enforcement times.
As discussed above, rates can be configured by your team utilizing our Smartfolio back-office system and
remotely downloaded to the Strada. Minimum and maximum payments can be managed by the Strada
and changed via Smartfolio. Using Smartfolio and our Analytics tool, clients can analyze occupancy and
parking congestion in a variety of ways and change rates accordingly to help ease parking pressure.
Strada can support five languages at the pay station level. These include English, Spanish, French,
German, Russian, Ukrainian, Vietnamese, Hmong, Somali and Chinese.
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Screenshots of Smartfolio Reports
Dashboard Reports
Transaction and Revenue Activity by Pay Station
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Transaction and Revenue Activity by Payment Type
Parking Activity on Google Maps
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Maintenance Alerts by Reason
Maintenance Alerts by Pay Station - Current
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Maintenance Activity by Pay Station
Collection Totals by Zone
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Collection Totals by Month
Collection Details by Pay Station
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Collection Details by Individual Collection
Rate Configuration – Day Part View
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Rate Configuration – Calendar View
Rate Configuration – Rule Modification
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API to Outside Data Warehouse
Publicly-available data that can be used and combined to provide local residents and officials with new
insights and the chance to make decisions based upon actual facts and figures. As such, Open Data
systems is one of our core activities. We have been cooperating with many Cities (Chicago, NYC, Paris,
London) using an Open Data approach. All the data coming from our systems belongs to the City
Operator & Community and we offer a flexible interface allowing the City to use the data for any
purpose or study.
Two methods are available:
The City or City Partners pulls the data from our platform using our API’s
Push API interface that pushes the data to the City/Partners data warehouse according to the
interface defined by its IT services
As part of part of our Digital Transformation strategy we have developed a model where each solution is
a brick or a service that is integrated on our central data mobility platform. These solution bricks can be
either our own and/or a 3rd party technology partners component. The data that we collect, organize
and store can then be leveraged to offer added value BtoB and BtoC services.
Flowbird’s data convergence platform for urban mobility
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Credit Card Processing
All credit card transactions made at the Strada are performed in real-time. Flowbird offers payment
gateway services for card present transactions (chip & pin, magnetic stripe) only. The information flow is
organized as follows:
1) The payment card is introduced into the card reader. The card reader reads the magnetic stripe or
starts communicating with the chip of the card depending on the readers and scheme configuration.
2) The card reader module is connected to the Internet via a 4G network. The card reader opens a
connection with the payment server (ArchiPEL) over one defined UDP port. Symmetric AES session keys
are exchanged via RSA key exchange over this connection. AES keys are at least 128 bit, RSA keys at least
1024 bit long. The authorization and instant clearing request is sent to the payment server over this
encrypted channel.
3) The Flowbird ArchiPEL payment server processes the request and translates it to the format used by
the upstream processor.
4) The authorization and instant clearing request is passed on to the upstream processor over an
encrypted HTTPS channel. Sensitive authentication data, i.e. Track 2 data, is kept in memory of the
server until the transaction has been confirmed by the upstream processor
5) Once the transaction has been confirmed by the upstream processor, transaction data is cleared from
the memory transaction log containing truncated and encrypted PANs are stored in the database.
The Archipel gateway will be integrated with your preferred payment processor/acquirer.
Reconciliation is performed using the Smartfolio web interface which provides details on all card
transactions including the status (completed, not completed, in progress) and type (Visa, MasterCard,
American Express, Discover). Refunds can be made through the Smartfolio system as well.
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Single/Dual Space Parking Meters
Flowbird’s MAX meter is unique in the industry. One MAX meter covers two parking spaces. This allows
for a large cost savings to parking organizations who have dual space meters today. Using one meter
rather than two allows clients to:
• Reduce upfront purchase cost for meters
• Reduce operating and transactional expenses
• Achieve greater efficiency relative to short-term parking
regulations and enforcement
• Enhance customer accessibility as a result of multiple payment
acceptance methods
• Update current parking meter technology with the latest and
greatest the market has to offer
• Reduce service calls and customer complaints due to
malfunctioning equipment
• Lower maintenance and repair costs
MAX features include:
• Larger Solar Panel: Capture more sun to boost uptime.
• Protected: Airplane strength aluminum alloy and tough polycarbonate protect against vandals
and weather.
• LED Alerts: Front and rear colored LEDs indicate meter pay status and flash operational alerts
• Digital Alerts: Email & texts ensure rapid response to alerts.
• Remote Programming: Wireless software and configuration updates maximize uptime and
revenue.
• Coin Validator: Infrared coin jam detection alerts maximize uptime.
• Power: Redundant battery and solar power systems maximize uptime and profit
• Security: ID cards provide 3 levels of access for meter configurations, service, or collections
• Communications: 3G/4g modem wireless connectivity
Tab 5 – Products and Services Page 41 of 57
FLOWBIRD APP SOLUTION OVERVIEW
The Flowbird app is easy-to-use and can be downloaded from the App Store or the Google Play Store.
The service can also be used on our website: www.flowbirdapp.com.
Standard App Payment
Secure login through Touch ID,
Facebook, or manual password
entry
Choose the vehicle you are driving
or add a vehicle to your account.
Select the location closest to your
vehicle. This will determine the
rate structure.
Select your desired parking time
by moving the arrow around the
“wheel”
Confirm payment, customize
expiration notification, change
payment method
Confirmation screen allows you to
add a note about your transaction
and add the details to your
bookmarks
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Find my car feature
Click “Go back to car”
Your vehicle location is displayed
compared to where you are.
Click “Directions” to launch
walking directions back to your
vehicle.
Account History
App lists all historical user
transactions.
Details of each transaction can be
displayed.
User can email transaction details
directly from the app.
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Account Management
My account screen allows you to
choose the types of info you want
to modify
User details can be updated
including phone number, email,
and password.
User can add new vehicles or edit
current vehicles
Notifications can be customized.
Payment details can be updated.
Apple Pay is an optional payment
method.
Facebook can be added as a login
method for the app.
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Parking Availability
The Flowbird app helps cities reduce congestion and ease the burden of searching for parking by
offering real-time parking availability on the app and on the website. Without the expense of in-ground
sensors, we are able to predict the parking availability by block face using the transaction details coming
from the app and on-street pay stations. We combine the transaction data with other available data
and use an algorithm to help people find available parking.
User Account
It first starts with creating an account. Flowbird understands the importance
of creating an account quickly. A user can use their Facebook account or
create a Flowbird account. A Flowbird account requires 3 pieces of
information – email, phone number and password. It is that simple!
Forget your password? No worries, the Flowbird service includes a Forget
your password link. TouchID is also supported allowing the user to use their
fingerprint to access the service rather than typing in a password.
Flowbird service is available globally and supported in over 15 different
languages. Most commonly accessed languages accessed in the United
States are English, Spanish and French.
Flowbird service can be downloaded from the App Store or Google Play. For
those with a Windows phone or a tablet/computer, a website is available to
make payments.
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Notifications
Flowbird service supports user defined notifications. This feature is very popular as a user may have
different preferences on how to be notified and when to be notified.
Vehicle Selection
Multiple vehicles can be associated with a single account. A default vehicle can be selected for a quicker
process. Vehicles can be added from the Account page or when starting a parking session. Vehicle
descriptions can be added to help identify the vehicle.
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Rates/Duration
Flowbird will take full responsibility to configure the Flowbird service to match the
clients’s rate structure, including time restrictions (minimum and maximum
duration), non-enforcement hours, etc.
Many of the mobile payment solutions in existence today requires the user to
select the duration before seeing the expiration time and parking fee. Flowbird
heard the frustration and created a duration dial. The user moves the arrow around
the dial to the desired amount of time. As the dial moves the expiration time and
fee automatically update in the center of the dial. Depending on the phone settings,
the user will feel the phone vibrate and ping when moving the dial.
For those frequent parkers, parking locations can be saved as a bookmark (aka
favorite). Bookmarks helps the user save time and make the parking even more
convenient.
Business Accounts/Fleet Management
The Flowbird app offers businesses the opportunity to manage their fleet of vehicles from one account.
This allows drivers to use the app without paying with their own credit card. The business owner can
see all transactions and track driver’s parking fees.
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E-Wallet Feature
An optional feature that the client can select is our e-wallet. This allows users to load money onto an
account and each transaction debits from that account. The benefit to the client is that the cost of
credit card processing is reduced because the card is only charged when the account is loaded or
refreshed.
Below are some screen shots from the e-wallet.
Account Management of the E-Wallet
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Transfer of Funds to the E-Wallet
Top Up Settings
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E-Purse Balance Display and Historical Transactions List
Parking Transaction Using E-Purse
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Parking Reservations
Our system offers the necessary API’s providing the ability to enable consumers to book parking
reservations for off street garages and surface lots through at and near the client site.
● Consumers can find, book and pay for parking all from one app.
● Real time inventory and pricing are displayed in a searchable map or list on the app.
● Payment is completed via the card on file.
● The system generates a unique parking pass for each reservation with access credentials and
instructions based on the garage’s unique Parking Access and Revenue Control system
o Through the partnership with Arrive we have access to many Parking Access and
Revenue Control integrations like Amano, Tiba, Parkonect, Flash Parking, DataParc, T2,
Skidata and Tickettech and others
We can setup customer service and support for app consumers for any question they might
have related to the booking platform.
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Drive-Up Use Case
● We will work with off street parking operators to support the ability to also use the flowbird
app in the drive up use case, allowing customers to still pay with the app even if they have not
pre-purchased using the reservations capability.
● We can also support seamless entry and exit using a number of technologies - Bluetooth,
License Plate Readers and more. This allows customers to quickly enter and exit garages without
going through the typical steps of search, book and pay.
● Payment is completed via the card on file.
● May the client want to use this service, Arrive is able to provide parking reservation customer
service and support for client consumers.
Two possible journeys
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Powerful Back-Office System
Flowbird is providing a web based reporting system, where client staff can generate an unlimited
number of reports based on simple filters such as date range, day of week, monthly, parking location,
and zone.
Below are examples of reports you can generate with our system. Note that in the reports below we
mention “Whoosh” which is a Flowbird mobile app brand.
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System Security
The Flowbird solution is PCI Level 1 v3.2 certified. This certification is achieved through a 3rd party audit
on an annual basis. In addition, our system undergoes weekly PCI penetration tests to ensure security of
the system throughout the year.
Tab 8 – Value Added Products and Services
Tab 8 – Value Added Products and Services Page 2 of 10
VALUE ADDED PRODUCTS AND SERVICES
Tab 5 of our response outlines Flowbird’s complete product line. In this section, we would like to take
the opportunity to describe our approach to each project, our customer service capabilities, and
marketing services that we are able to provide.
Project Approach
Flowbird’s overall project approach is to provide one main project manager/point of contact that
manages the project. This project manager is surrounded by a strong support system providing clients
with a high attention level concerning all aspects of the project – quality control, project control, and
document control.
We have a specific dedication to helping our clients use our products and services to meet Smart City
initiatives. To achieve our goals, we continue to enhance our solutions year after year. We do that by
getting feedback from our customers and assigning resources to putting that feedback into real
applications. This approach has proven to be fruitful as we have developed very important applications
over the last several years:
Mobile phone payment app
Path to Park guidance app
Validation codes system
City News service
Couponing service
Various integrations of payment and alert data into our back-office reporting system
These applications were all built based on client requests and needs. You can be assured that we will
listen to your needs and adapt as you need to adapt to your customers.
Work Plan
Through years of experience and through many parking and transit system implementations, Flowbird
has streamlined the work plan for parking system deployments. We quickly engage with your team post
award and start with the process of delivery, software configuration, and back-office/credit card setup.
Flowbird has a unique capability to deliver in a timely fashion because we work closely with our clients
and service partners to ensure that everyone’s expectations are understood.
Upon receipt of a notification to proceed, Flowbird will follow detailed steps to ensure that we are
engaged with your team and deliver what is expected. In this document you will find a sample
implementation schedule with key milestones included.
Quality Control/Assurance
As manufacturer and supplier of the pay stations, Flowbird can control the quality of our products from
factory to installation. You can feel secure in knowing that Flowbird is ISO Certified. In part, this means
Tab 8 – Value Added Products and Services Page 3 of 10
we need to have a high level of quality control concerning our manufacturing processes validated by
third party audits. This quality control moves from our factory into the testing and installation phase of
our projects as well. Our technicians are well trained in our products and know the ins and outs of
testing, troubleshooting, installation, and after sales support.
Project Control
To control our projects, a project manager is assigned either at Flowbird or at the local distribution
partner. This project manager is responsible for working with client and Flowbird staff members to
ensure on-time delivery of machines, correct software programming, coordination of installation
schedules, management of subcontractors, cooperation with technical partners, training of client staff,
and public awareness of the deployment (if needed).
Document Control
The project manager works with the client to provide all necessary forms to initiate the project. These
include hardware customization forms, software creation forms (rate structures, languages, user types)
and credit card banking forms (used to connect the machines to the correct merchant bank processor).
The project manager also ensures that we provide all manuals associated with the equipment and the
software. The project manager works closely with our Sales Administration team to ensure that
machines are ordered on time and in the right configuration. Once the project is successfully
implemented, the Sales Admin handles all spare parts orders through our RMA process.
Key Areas of Responsibility
During Project Implementation the key areas of responsibility will be:
Project Management – Project Manager reports directly to Flowbird’s Chief Operating Officer. The
Project Manager will be the main point of contact for the University.
Sales Administration – Sales Administration Manager reports directly to Flowbird’s Chief Financial
Officer
Customization – Software Customization Specialist and Parkfolio Project Manager both report directly
to Flowbird’s COO.
Installation and Training – Field Project Engineer reports directly to Flowbird’s Customer Service
Manager.
Integrations – VP of Marketing and Communications reports directly to Flowbird’s President.
If problems or changes occur during the Project Implementation Phase, Flowbird is well prepared to
respond quickly. In fact, we anticipate that there will be changes made during the Implementation
Phase such as software changes or schedule changes. This is normal when implementing medium to
large scale systems.
Tab 8 – Value Added Products and Services Page 4 of 10
We have assembled a very strong team that has years and years of experience managing similar
projects. Our team members are trained on what to do and when to escalate. The management team
for Flowbird in the US have also been involved in many similar projects over many years. The team takes
swift decisive action when issues are escalated. Our US team is backed up by a group of 1,300 people
working around the world (with offices in 8 countries). This group supports Flowbird offices worldwide
and includes the Build team, Engineering team, R&D team, Customer Support team, and Marketing
team. Following the Implementation Phase of the project, the key areas of responsibility shift to
Flowbird’s Customer Support Team. The Customer Support Team reports to Flowbird’s Customer Service
Manager.
Equipment Installation
Flowbird will work together with the University to determine the best locations for our parking
equipment. The Flowbird team along with our trusted local partner will install all equipment. It is
assumed that all multi-space meter locations have a minimum of 3” deep concrete for wedge anchor
installation. Otherwise a concrete pad must be poured. Flowbird can provide a quote for concrete
services if necessary.
On-Going Maintenance & Support
Flowbird’s service team provides support for over 600 clients across the
United States. Many of our clients have utilized Flowbird solutions for over a
decade, demonstrating the reliability of our equipment, the flexibility of our
system and the dedication of our support team. Our help desk is available via
phone and email. We strive to provide fast resolution to problems over the
phone to keep your pay stations collecting revenue.
Flowbird has three levels of escalation when it comes to preventive and
remedial maintenance. They are defined as follows:
Level I – Day to day operations of the system including:
Monitoring the system for alarms/alerts through Flowbird’s back-office suite
Configuration changes (e.g. fare types and fee changes)
Cash collections
Technical Services as follows:
1. Open Pay Station and remove and/or replace internal components as necessary.
2. Execute self-diagnostic and other repair processes, as shown in service training and
described in the Service Guide and other documentation provided in conjunction with and at the
time of training.
Tab 8 – Value Added Products and Services Page 5 of 10
3. Install programming changes to the Pay Station using the maintenance procedures that
are available at the maintenance keyboard on the Pay Station and explained during Level I
service training.
4. Maintain a log of repair activities performed by the technicians, which will be available
for reference purposes during a call to Level II Technical Support.
5. Ensure that the staff servicing Flowbird’s Pay Stations have successfully completed the
full training program provided by Flowbird and maintain the certification level of all staff who
service the Pay Stations or operate the Flowbird back office software system.
6. Complete all prescribed Level I diagnostics and repair steps prior to escalating a service
issue to Level II support.
7. Ensure that only trained Level I service staff initiate support requests to the Level II
helpdesk.
8. Use its own qualified IT resource to provide desktop client, server, network, and
infrastructure services necessary to maintain the proper functioning of the back-office system.
9. Provide all information required to open a support request with Flowbird Level II Service
and be available to work with the Flowbird support resource assigned to the support request.
10. Timely complete the recommended Pay Station preventative maintenance process to
maximize useful life of the parts within the Pay Station.
11. Maintain the concrete mounting pad and mounting hardware per installation
specifications.
12. Maintain all electrical installation accessories other than those that form an integral part
of the Pay Stations as well as electrical connections to the Pay Stations
13 Maintain a supply of locally-available parts sufficient to meet desired repair timelines.
These parts will be supplied to Flowbird as needed for Level II On-Site Operation.
14. Maintain a log of all parts replacements which will be made available to Flowbird upon
demand.
15. Archive data and historical analysis for data older than 90 days.
Typically our clients perform Level 1 service. We are able to provide a quotation for Level 1
service if needed.
Level II – Flowbird Helpdesk. If University staff need assistance on hardware or software, your
team can contact the Flowbird Helpdesk. The Flowbird Helpdesk team has live remote access to
equipment in the field which helps us provide expert service. We provide the following services
at no additional charge:
Phone and email support by experienced Flowbird support staff
Tab 8 – Value Added Products and Services Page 6 of 10
Assistance with back-office management system questions such as report
generation, system monitoring questions, configuration change questions, credit
card reconciliation support
Live troubleshooting of hardware issues. Our staff will walk you through
recommended maintenance techniques and provide instruction on what functions
to perform to get the equipment back up and running. Over 98% of the time we are
able to provide a solution to the client’s problem without needing to escalate to
Level 3.
The Flowbird Helpdesk will also connect your team with our Sales Administration department
for parts orders (either new parts or parts under warranty) and our Software Configuration
department if software changes need to be made.
Level III – On-site Flowbird Service. If remote troubleshooting has not rectified a problem,
Flowbird will deploy a trained technician on-site with the University’s approval. This is typically
billable unless we identify that there is a systematic problem not under the University’s control.
Client Training
Flowbird provides comprehensive training on all equipment, operations, and back-office systems. We
provide clients with the necessary training they need to fully support the new parking system. Typical
training is one day on-site for the hardware and a half day either on-site or remotely on the back-office
system. A training outline is provided on the following pages.
Tab 8 – Value Added Products and Services Page 7 of 10
I. Introduction
II. Multi-Space Meter Concept/Single Space Meter Concept
Definition of Multi-Space & Training Goals
Multi-Space Meter Concept
Question & Answer Period
III. Hardware Overview
Introduction to Each Module and its Function Within the System
Question & Answer Period
IV. Installation Procedure
Machine Installation
Commissioning
Question & Answer Period
V. Theory of Operation
Solar Power
Coin System
Card System
Question & Answer Period
VI. Troubleshooting
Using Machine Self-Diagnostics
Using the “Theory of Operation” to Diagnose Faults
Question & Answer Period
VII. Preventative Maintenance
Preventative Maintenance
Biannual Preventative Maintenance
Question & Answer Period
VIII. Meter Application Software (On-site Programming)
Initialization
RAM/ Flash Memory Rate Changes
Question & Answer Period
IX. Receipts & Enforcement Procedures
User Receipts
Collection Receipts
Enforcement Procedures
MULTI-SPACE PARKING PAY STATION
CUSTOMER TRAINING OUTLINE
Tab 8 – Value Added Products and Services Page 8 of 10
Question & Answer Period
X. Collections Procedures
Cash Collection
Credit Card Data Collection
Question & Answer Period
XI. Software Modification and/or Upgrade
Configuration changes
Question & Answer Period
XII. Meters and Parts Ordering Procedures (Inventory)
Machine Order Worksheet
Spares Order Worksheet
Question & Answer Period
XIII. Peripheral Support Systems
Back-Office Parking Management Tools
o Set Up and Maintenance of User Passwords
o Programming Changes
o System Monitoring and Auditing
o Raw Data File Collection
o Credit Card File Analysis
o Use of Financial and Statistical Capability
o Reports
o Question & Answer Period
XIV. Wrap-up & Final Question & Answer Period
Tab 8 – Value Added Products and Services Page 9 of 10
I. Terms
o Home screen
o Parkjet
o Workspaces
II. Workspaces
o Parkjets
- Parkjet Manipulation
· Opening, Settings, Refresh, Closing
- Maintenance
· Terminals Out of Order
· Maintenance Performed
· Action Required
· Consumables
· Communication problems
- Financial
· Cash In Terminals
· Cash Collections
· Parking Activity
· Ticket Sales Analysis
· Transactions
- Mappable Stats
o Maintenance Workspace
- Maintenance Alerts
- Maintenance Progress
- Sales Infrastructure Supervisor
o Collection Management Workspace
- Collection Alerts
- Collection Progress
- Collection Results
o Transaction Workspace
- Meter Transaction History
- Parking Sales Supervision
BACK-OFFICE DATA MANAGEMENT SUITE
CUSTOMER TRAINING OUTLINE
Tab 8 – Value Added Products and Services Page 10 of 10
Marketing Assistance
Flowbird has many years of experience helping clients launch new parking systems. We believe it is
extremely important to share the benefits of our proposed solution with key stakeholders such as
residents, merchants, and city officials.
Our team works together with clients to provide complimentary marketing services such as:
• Signs and stickers promoting our mobile applications
• Flyer designs promoting the new pay stations and the mobile apps
• “How To” videos
• Content for press releases, websites, social media
• Assistance with press conferences
In addition to our complimentary services, Flowbird is able to customize marketing packages based on
client needs. We can provide a quotation for these services upon request.
Tab 9 -Required Documents
+ Clean Air and Water Act I Debarment Notice
+ Contractors Requirements
+ Antitrust Certification Statements
+ FEMA Standard Terms and Conditions Addendum for Contracts and Grants
+ Required Clauses for Federal Assistance by FTA
+ State Notice Addendum
FEMA Standard Terms and Conditions Addendum for Contracts and Grants
If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency Management
Agency ("FEMA") grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA
grants, including, but not limited to the contractual procedures set forth in Title 44 ofthe Code of Federal Regulations,
Part 13 ("44 CFR 13").
In addition, Contractor agrees to the following specific provisions:
1) Pursuant to 44 CFR 13.36(i)(1), University is entitled to exercise all administrative, contractual, or other remedies
permitted by law to enforce Contractor's compliance with the terms of this Master Agreement, including but not
limited to those remedies set forth at 44 CFR 13.43.
2) Pursuant to 44 CFR 13.36(i)(2), University may terminate the Master Agreement for cause or convenience in
accordance with the procedures set forth in the Master Agreement and those provided by 44 CFR 13.44.
3) Pursuant to 44 CFR 13.36(i)(3}-(6)(12), and (13}, Contractor shall comply with the following federal laws:
a. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended
by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor ("DOL")
regulations (41 CFR Ch. 60);
b. Copeland "Anti-Kickback" Act (18 U.S.C. 874}, as supplemented in DOL regulations (29 CFR Part 3);
c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations (29 CFR Part 5);
d. Section 103 and 107 ofthe Contract Work Hours and Safety Standards Act (40 U.S.C. 327-30) as
supplemented by DOL regulations (29 CFR Part 5);
e. Section 306 ofthe Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S. C. 1368),
Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and
f. Mandatory standards and policies relating to energy efficiency which are contained in the state energy
conservation play issued in compliance with the Energy Policy and Conservation Act (Pub. L.94-163, 89
Stat. 871).
4) Pursuant to 44 CFR 13.36(i)(7}, Contractor shall comply with FEMA requirements and regulations pertaining to
reporting, including but not limited to those set forth at 44 CFR 40 and 41.
5) Pursuant to 44 CFR 13.36(i)(8}, Contractor agrees to the following provisions 72 regarding patents:
a. All rights to inventions and/or discoveries that arise or are developed, in the course of or under this
Agreement, shall belong to the participating agency and be disposed of in accordance with the
participating agencies policy. The participating agency, at its own discretion, may file for patents in
connection with all rights to any such inventions and/or discoveries.
6) Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions, regarding copyrights:
a. lfthis Agreement results in any copyrightable material or inventions, in accordance with 44 CFR 13.34, FEMA
reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for
Federal Government purposes:
1) The copyright in any work developed under a grant or contract; and
2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support.
7) Pursuant to 44 CFR 13.36(i)(10}, Contractor shall maintain any books, documents, papers, and records of the
Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as
often as the participating agency deems necessary, Contractor shall permit participating agency, FEMA, the
Comptroller General of United States, or any of their duly authorized representatives to inspect and photocopy such
records for the purpose of making audit, examination, excerpts, and transcriptions.
8) Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for three years after FEMA or
participating agency makes final payments and all other pending matters are closed. In addition, Contractor shall
comply with record retention requirements set forth in 44 CFR 13.42.
Required Claus·es for Federal Assistance provided by FTA
ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all books, records, accounts and reports required under this Contract for a period of not less
than three (3) years after the date of termination or expiration of this Contract or any extensions thereof
except in the event of litigation or settlement of claims arising from the performance of this Contract, in
which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the
Comptroller General, or any oftheir duly authorized representatives, have disposed of all such litigation,
appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records
with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to
reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the
purpose of audit and examination.
FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11).
CIVIL RIGHTS/ TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §
2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the
Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C.
§ 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for
employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition,
Contractor agrees to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this
Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended,
42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all
applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, "Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR,
Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in the course of this Project.
Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, creed, national origin, sex, marital
status, or age. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In addition, Contractor
agrees to comply with any implementing requirements FTA may issue.
b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29
U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing
regulations, "Age Discrimination in Employment Act", 29 CFR Part 1625, prohibit employment
discrimination by Contractor against individuals on the basis of age, including present and prospective
employees. In addition, Contractor agrees to comply with any implementing requirements FTA may
issue.
c. Disabilities. In accordance with Section 102 ofthe Americans with Disabilities Act of 1990, as amended
(ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with
disabilities in programs, activities, and services, and imposes specific requirements on public and private
entities. Contractor agrees that it will comply with the requirements of the Equal Employment
Opportunity Commission (EEOC), "Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act," 29 CFR, Part 1630, pertaining to employment of persons with
disabilities and with their responsibilities under Titles I through V of the ADA in employment, public
services, public accommodations, telecommunications, and other provisions.
d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide
for their employees any segregated facilities at any of their establishments, and that they do not and will
not permit their employees to perform their services at any location under the Contractor's control
where segregated facilities are maintained. As used in this certification the term "segregated facilities"
means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas,
parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in fact segregated on the basis
of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees
that a breach of this certification will be a violation of this Civil Rights clause.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations,
either by competitive bidding or negotiation, made by Contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations
relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin.
4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination
provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may
determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under
the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in
whole or in part.
Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal
assistance provided by FTA, modified only if necessary to identify the affected parties.
DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, "Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs", therefore, it is the
policy of the Department ofTransportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in
49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts.
1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this Contract. Contractor shall carry out all
applicablerequirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure
by Contractor to carry out these requirements is a material breach of this Contract, which may result in the
termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract
Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).
2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime
Contract for satisfactory performance of that work no later than thirty (30) days after Contractor's receipt of
payment for that Work from public agency. In addition, Contractor is required to return any retainage
payments to those subcontractors within thirty (30) days after the subcontractor's work related to this
Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of
payment from the above time frames may occur only for good cause following written approval of public
agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify
public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails
to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at
least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that
Work through its own forces, or those of an affiliate, without prior written consent of public agency.
3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public
agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable
opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract.
Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent
agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the
efficient performance of the Contract.
ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in
the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C.
Sections 6321 et seq. and 41 CFR Part 301-10.
FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including
without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may
be amended or promulgated from time to time during the term ofthis contract. Contractor's failure to so comply shall
constitute a material breach of this Contract.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of
Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions
required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform
any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to
be in violation ofthe FTA terms and conditions.
NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government's express written consent and
notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the
underlying Contract, the Federal Government is not a party to thi~ Contract and shall not be subject to any obligations or
liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying Contract.
Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance
provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who
will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§
3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to
this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of
any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the
FTA assisted project for which this Contract Work is being performed.
In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the
right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal
Government deems appropriate.
Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement,
submission, or certification to the Federal Government under a contract connected with a project that is financed in whole
or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government
reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent
the Federal Government deems appropriate.
Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance
provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will
be subject to the provisions.
State Notice Addendum
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to
include all county, city, special district, local government, school district, private K-12 school, higher education
institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all
other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national
contract.
For your reference, the links below include some, but not all, ofthe entities included in this proposal:
http:ljwww.usa.gov/Agencies/Local Government/Cities.shtml
http:ljnces.ed.gov /global locator I
https:ljharvester.census.gov/imls/search/index.asp
http://nccsweb.urban.org/PubApps/search.php
http://www.usa.gov/Government/Tribai-Sites/index.shtml
http://www.usa.gov/Agencies/State-and-Territories.shtml
http://www.nreca.coop/about-electric-cooperatives/member-directory/
https://sos.oregon.gov/blue-book/Pages/state.aspx
https://portal.ehawaii.gov/government/
https://access.wa.gov/governmentagencies.html
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0796
Agenda Date: 7/15/2024 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: General Services
Agenda Number: 6.9
SUBJECT/RECOMMENDATION:
Award a purchase order to Sign-Age of Tampa Bay in Clearwater, FL, for citywide custom vehicle and/or
equipment wrap services in the annual not-to-exceed amount of $165,000.00 for one year with three,
one-year renewal options pursuant to Request for Proposals (RFP) 36-24 and authorize the appropriate
officials to execute same.
SUMMARY:
Request for Proposal (RFP) No. 36-24, Vehicle Graphics and Installation was issued on April 25, 2024.
Sign-Age of Tampa Bay was the only responsive, responsible bidder in accordance with the bid
specifications.
This contract primarily involves applying, removing, and repairing wraps and striping on a range of citywide
motor vehicles and equipment, including trucks, vans, cars, sports utility vehicles (SUVs), utility terrain
vehicles (UTVs), watercraft, and other miscellaneous equipment. It also includes installing graphics on
newly acquired City vehicles as needed. Additionally, the contract will support the rebranding of Clearwater
Gas Systems and the application of graphics on new electric vehicles that Sustainability plans to
purchase in the future.
Category three for the purchase of decals will not be awarded at this time.
APPROPRIATION CODE AND AMOUNT:
Departments with authorized vehicle purchases have funds budgeted for upfitting services.
STRATEGIC PRIORITY:
These purchases help accomplish strategic objective 1.2. Fleet division operators maintain public
infrastructure to deliver effective and efficient services by optimizing city assets and resources.
Page 1 City of Clearwater Printed on 7/9/2024
Procurement Division 100 S Myrtle Ave
Clearwater FL 33756-5520
PO Box 4748, 33758-4748
727-562-4630 Tel
v 07.2021
REQUEST FOR PROPOSALS
#36-24
Vehicle Graphics and Installation
April 25, 2024
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until
10:00 AM, Local Time, May 29, 2024, to provide vehicle graphics and installation.
Brief Description: The purpose of this solicitation is to describe the requirements to secure one (1) or
more Vendor(s) for the production of City of Clearwater custom decals, custom vehicle wraps, decal and
wrap application, and decal and wrap removal and/or repair. All work will be performed on an as needed
basis.
Proposals must be in accordance with the provisions, specifications and instructions set forth herein and
will be received by the Procurement Division until the above noted time, when they will be publicly
acknowledged and accepted.
Proposal packets, any attachments and addenda are available for download at:
https://www.myclearwater.com/business/rfp
Please read the entire solicitation package and submit the bid in accordance with the instructions. This
document (less this invitation and the instructions) and any required response documents, attachments,
and submissions will constitute the bid.
General, Process, or Technical Questions concerning this solicitation should be directed, IN
WRITING, to the Procurement contact below:
Kristina Cook
Procurement Analyst
Kristina.cook@myclearwater.com
This Request for Proposals is issued by:
Lori Vogel, CPPB
Procurement Manager
Lori.vogel@myclearwater.com
INSTRUCTIONS
Vehicle Graphics and Installation 2 RFP #36-24
i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation
process (including requests for ADA accommodations), shall be directed solely to the contact listed
on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received
less than ten (10) calendar days prior to the due date and time may be answered at the discretion
of the City.
i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an
addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due
Date. Vendors are cautioned to check the Purchasing Website for addenda and
clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor
fails to receive any addenda issued. The City shall not be responsible for any oral changes to these
specifications made by any employees or officer of the City. Failure to acknowledge receipt of an
addendum may result in disqualification of a proposal.
i.3 VENDOR CONFERENCE / SITE VISIT: Yes No
Mandatory Attendance: Yes No
If so designated above, attendance is mandatory as a condition of submitting a proposal. The
conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect
the site and ask questions. During any site visit you must fully acquaint yourself with the conditions
as they exist and the character of the operations to be conducted under the resulting contract.
i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING:
Date: May 29, 2024
Time: 10:00 AM (Local Time)
The City will open all proposals properly and timely submitted and will record the names and other
information specified by law and rule. All proposals become the property of the City and will not be
returned except in the case of a late submission. Respondent names, as read at the bid opening,
will be posted on the City website. Once a notice of intent to award is posted or 30 days from day
of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting
the Procurement Division.
i.5 PROPOSAL FIRM TIME: 120 Days from Opening
Proposal shall remain firm and unaltered after opening for the number of days shown above. The
City may accept the proposal, subject to successful contract negotiations, at any time during this
time.
i.6 PROPOSAL SECURITY: Yes $ 0.00 No
If so designated above, a proposal security in the amount specified must be submitted with the
proposal. The security may be submitted in any one of the following forms: an executed surety
bond issued by a firm licensed and registered to transact such business with the State of Florida;
cash; certified check, or cashier's check payable to the City of Clearwater (personal or company
checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial
institution and acceptable to the City. Such proposal security shall be forfeited to the City of
Clearwater should the proposer selected fail to execute a contract when requested.
PERFORMANCE SECURITY: Yes $ 0.00 No
If required herein, the Contractor, simultaneously with the execution of the Contract, will be required
to furnish a performance security. The security may be submitted in one-year increments and in
any one of the following forms: an executed surety bond issued by a firm licensed and registered
to transact such business with the State of Florida; cash; certified check, cashier's check or money
order payable to the City of Clearwater (personal and company checks are not acceptable);
certificate of deposit or any other form of deposit issued by a financial institution and acceptable to
the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the
contract, the City shall have the right to use all or such part of said security as may be necessary
to reimburse the City for loss sustained by reason of such breach. The balance of said security, if
INSTRUCTIONS
Vehicle Graphics and Installation 3 RFP #36-24
any, will be returned to Contractor upon the expiration or termination of the contract.
i.7 SUBMIT PROPOSALS TO: It is recommended that proposals are submitted electronically through
our bids website at https://www.myclearwater.com/business/rfp
Proposers may mail or hand-deliver proposals to the address below. E-mail or fax submissions
will not be accepted. Use label at the end of this solicitation package
City of Clearwater
Attn: Procurement Division
100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520
or
PO Box 4748, Clearwater FL 33758-4748
Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail
or fax submissions will not be accepted.
No responsibility will attach to the City of Clearwater, its employees or agents for premature
opening of a proposal that is not properly addressed and identified.
i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on
time at the place specified. All proposals received after the date and time specified shall not be
considered and will be returned unopened to the proposer. The proposer assumes the risk of any
delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private
courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient
to show that you mailed or commenced delivery before the due date and time. All times are
Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s
Procurement Office as the official time.
i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION.
From the time a competitive solicitation is posted until such time as the contract is awarded by the
city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees,
representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city
officers, city employees, and evaluation committee members.
Violation of this section may result in rejection/disqualification from award of the contract arising
out of the competitive solicitation.
All questions regarding the competitive solicitation must be directed to the procurement manager
or designee, who will respond in writing and post such response to ensure that all respondents
receive the same information during the No-Contact Period.
The penalty for violating the No-Contact Period may include suspension or debarment
i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final
approval and execution of the contract, proposer does so at its own risk.
i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the
solicitation will not excuse any failure to comply with the requirements of the solicitation or any
resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor
suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in
any case not later than (seven (7) business days in advance of the due date notify the contact on
page one (1). The City is not responsible for and will not pay any costs associated with the
preparation and submission of the proposal. Proposers are cautioned to verify their proposals
before submission, as amendments to or withdrawal of proposals submitted after time specified for
opening of proposals may not be considered. The City will not be responsible for any proposer
errors or omissions.
INSTRUCTIONS
Vehicle Graphics and Installation 4 RFP #36-24
i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall
be submitted on the forms provided. An original and the designated number of copies of each
proposal are required. Proposals, including modifications, must be submitted in ink, typed, or
printed form and signed by an authorized representative. Please line through and initial rather than
erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be
considered non-responsive. In the event of a disparity between the unit price and the extended
price, the unit price shall prevail unless obviously in error, as determined by the City. The City may
require that an electronic copy of the proposal be submitted. The proposal must provide all
information requested and must address all points. The City does not encourage exceptions. The
City is not required to grant exceptions and depending on the exception, the City may reject the
proposal.
i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the
specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other
products will be considered upon showing the other product meets stated specifications and is
equivalent to the brand product in terms of quality, performance and desired characteristics.
Minor differences that do not affect the suitability of the supply or service for the City’s needs may
be accepted. Burden of proof that the product meets the minimum standards or is equal to the
brand name product is on the proposer. The City reserves the right to reject proposals that the City
deems unacceptable.
i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the
proposal received by the City prior to the scheduled opening time will be accepted and will be
corrected after opening. No oral requests will be allowed. Requests must be addressed and
labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL
of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of
undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the
bid opening shall be allowed solely at the City’s discretion.
i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended,
or otherwise lawfully precluded from participating in any public procurement activity, including being
disapproved as a subcontractor with any federal, state, or local government, or if any such
preclusion from participation from any public procurement activity is currently pending, the proposer
shall include a letter with its proposal identifying the name and address of the governmental unit,
the effective date of this suspension or debarment, the duration of the suspension or debarment,
and the relevant circumstances relating to the suspension or debarment. If suspension or
debarment is currently pending, a detailed description of all relevant circumstances including the
details enumerated above must be provided. A proposal from a proposer who is currently debarred,
suspended or otherwise lawfully prohibited from any public procurement activity may be rejected.
i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to
rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced
proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another
event; to reject individual proposals for failure to meet any requirement; to award by item, part or
portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities,
defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of
the proposal from proposer at any time, and failure to respond is cause for rejection. Submission
of a proposal confers on proposer no right to an award or to a subsequent contract. The City is
responsible to make an award that is in the best interest of the City. All decisions on compliance,
evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the
City. No binding contract will exist between the proposer and the City until the City executes a
written contract or purchase order.
i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a
proposer may not be acknowledged or accepted by the City. Award or execution of a contract does
not constitute acceptance of a changed term, condition or specification unless specifically
acknowledged and agreed to by the City. The copy maintained and published by the City shall be
the official solicitation document.
INSTRUCTIONS
Vehicle Graphics and Installation 5 RFP #36-24
i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its
proposal, including without limitation any documents and/or materials copyrighted by the proposer.
The City’s right to copy shall be for internal use in evaluating the proposal.
i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality,
integrity, service, professionalism, economy, and government by law in the Procurement process.
The responsibility for implementing this policy rests with each individual who participates in the
Procurement process, including Respondents and Contractors.
To achieve this purpose, it is essential that Respondents and Contractors doing business with the
City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards
to:
a. Exert any effort to influence any City employee or agent to breach the standards of ethical
conduct.
b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or
Services not provided.
c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply
with any term, condition, specification or other requirement of a City Contract.
i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or
prospective proposers and affiliates. The City may request product samples from vendors for
product evaluation.
i.21 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder
who submitted a response to a competitive solicitation and was not selected may appeal the
decision through the bid protest procedures, a copy of which shall be available in the Procurement
Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed
contract to offset the City’s additional expenses related to the protest. This fee shall not exceed
$5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No
partial refunds will be made.
ADDRESS PROTESTS TO:
City of Clearwater - Procurement Division
100 So Myrtle Ave, 3rd Fl
Clearwater FL 33756-5520
or
PO Box 4748
Clearwater FL 33758-4748
INSTRUCTIONS – EVALUATION
Vehicle Graphics and Installation 6 RFP #36-24
i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of
City employees. The City staff may or may not initiate discussions with proposers for clarification
purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate
discussions with any City employee or official.
Respondent is hereby notified that Section 287.05701, Florida Statutes, requires that the City may not
request documentation of or consider a vendor's social, political, or ideological interests when
determining if the vendor is a responsible vendor.
i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of
information: responsiveness, responsibility, the technical proposal/price. All proposals must meet
the following responsiveness and responsibility criteria.
a) Responsiveness. The City will determine whether the proposal complies with the instructions
for submitting proposals including completeness of proposal which encompasses the inclusion
of all required attachments and submissions. The City must reject any proposals that are
submitted late. Failure to meet other requirements may result in rejection.
b) Responsibility. The City will determine whether the proposer is one with whom it can or should
do business. Factors that the City may evaluate to determine "responsibility" include, but are
not limited to: excessively high or low priced proposals, past performance, references
(including those found outside the proposal), compliance with applicable laws, proposer's
record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any
contract with the City, whether the proposer is qualified legally to contract with the City,
financial stability and the perceived ability to perform completely as specified. A proposer
must at all times have financial resources sufficient, in the opinion of the City, to ensure
performance of the contract and must provide proof upon request. City staff may also use
Dun & Bradstreet and/or any generally available industry information. The City reserves the
right to inspect and review proposer’s facilities, equipment and personnel and those of any
identified subcontractors. The City will determine whether any failure to supply information, or
the quality of the information, will result in rejection.
c) Technical Proposal. The City will determine how well proposals meet its requirements in terms
of the response to the specifications and how well the offer addresses the needs of the project.
The City will rank offers using a point ranking system (unless otherwise specified) as an aid
in conducting the evaluation.
d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the
proposals may be evaluated using simple comparative analysis instead of any announced
method of evaluation, subject to meeting administrative and responsibility requirements.
For this RFP, the criteria that will be evaluated and their relative weights are:
Evaluation Criteria (page 22-23) Points
Demonstrated Experience and Qualifications (Tab 2) 25
Project Approach, Materials and Location of Facility (Tab 3) 25
References (Tab 4) 20
Cost of Proposal (Tab 5) 20
Warranty Information (Tab 6) 10
i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked
proposals based on evaluation against the evaluation criteria. Short-listed proposers may be
invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews,
the City will finalize the ranking of shortlisted firms.
INSTRUCTIONS – EVALUATION
Vehicle Graphics and Installation 7 RFP #36-24
i.25 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City’s
discretion. The location for these presentations and/or interviews will be determined by the City
and may be held virtually.
i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will
determine the scope and subject of any best & final request. However, the proposer should not
expect that the City will ask for best & finals and should submit their best offer based on the terms
and conditions set forth in this solicitation.
i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the
proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to
determine if the proposal price is fair and reasonable.
i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to
accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully
execute the final contract within a reasonable time as specified, or negotiations do not result in an
acceptable agreement, the City may reject proposal or revoke the award, and may begin
negotiations with another proposer. Final contract terms must be approved or signed by the
appropriately authorized City official(s). No binding contract will exist between the proposer and
the City until the City executes a written contract or purchase order.
i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to
Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s
website at https://www.myclearwater.com/business/rfp to view relevant RFP information and
notices.
i.30 RFP TIMELINE. Dates are tentative and subject to change.
Release RFP: 04/25/2024
Advertise Tampa Bay Times: 05/01/2024
Responses due: 05/29/2024
Review proposals: 05/29/2024 – 06/11/2024
Presentations (if requested): Week of June 17, 2024
Award recommendation: Week of June 17, 2024
Council authorization: July 2024
Contract begins: July 2024
STANDARD TERMS AND CONDITIONS
Vehicle Graphics and Installation 8 RFP #36-24
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
Vehicle Graphics and Installation 9 RFP #36-24
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
Vehicle Graphics and Installation 10 RFP #36-24
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
Vehicle Graphics and Installation 11 RFP #36-24
2. At least eight (8) business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the contractor has not
complied with the request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public
records and to the contractor at the contractor’s address listed on its contract with the public
agency or to the contractor’s registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be in an electronic format.
A Contractor who complies with a public records request within eight (8) business days after the
notice is sent is not liable for the reasonable costs of enforcement.
S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five
(5) years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may
inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the
Agreement. Contractor will permit such inspections and audits during normal business hours and
upon reasonable notice by the City. The audit of records may occur at Contractor’s place of
business or at City offices, as determined by the City.
S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City’s information, data, or facilities in accordance with the City’s current
background check policies. Any officer, employee, or agent that fails the background check must
be replaced immediately for any reasonable cause not prohibited by law.
S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have
final authority, based on security reasons: (i) to determine when security clearance of Contractor
personnel is required; (ii) to determine the nature of the security clearance, up to and including
fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity
may provide services under this Agreement. If the City objects to any Contractor personnel for any
reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove
any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary
bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any
similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the
subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii)
conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out
any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred or suspended in
accordance with the Clearwater Code of Ordinances Section 2.565 or if Contractor is debarred
or suspended by another governmental entity.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty
(30) day cure period may be extended by mutual agreement of the parties, but no cure period
may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably
calculated to provide notice of the nature and extent of such default. Failure of the non-
defaulting party to provide notice of the default does not waive any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor’s intent or ability to perform, the City may demand that Contractor give a written
STANDARD TERMS AND CONDITIONS
Vehicle Graphics and Installation 12 RFP #36-24
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess cost
by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance
due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv)
collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and
costs.
c. The non-defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement at
its convenience, in part or in whole, upon thirty (30) calendar days’ written notice.
S.21 TERMINATION FOR CONFLICT OF INTEREST. The City may cancel this Agreement after its
execution, without penalty or further obligation, if any person significantly involved in initiating,
securing, drafting, or creating the Agreement for the City becomes an employee or agent of
Contractor.
S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines, in its sole
discretion, that it does not have funds to meet its obligations under this Agreement, the City will
have the right to terminate the Agreement without penalty on the last day of the fiscal period for
which funds were legally available. In the event of such termination, the City agrees to provide
written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date.
S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor’s properly prepared final
invoice.
S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this Agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services
hereunder, will not release the other party of any of the warranties or other obligations of the
Agreement and will not be deemed a waiver of any such rights or remedies.
S.25 INDEMNIFICATION/LIABILITY.
STANDARD TERMS AND CONDITIONS
Vehicle Graphics and Installation 13 RFP #36-24
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs,
attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to,
arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor
personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the
obligations established by this Agreement. If applicable, this paragraph shall be construed in
harmony with F. S. § 725.06.
b. Contractor will update the City during the course of the litigation to timely notify the City of any
issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor
or any third party harmless for claims based on this Agreement or use of Contractor-provided
supplies or services.
d. Nothing contained herein in intended to serve as a waiver by the City of its sovereign immunity,
to extend the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes,
or be construed as consent by the City to be sued by third parties.
S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good,
workman-like, and professional manner. The City’s acceptance of service or materials provided by
Contractor will not relieve Contractor from its obligations under this warranty. If any materials or
services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at
no additional charge to the City, will provide materials or redo such services until in accordance
with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor
warrants that materials will be new, unused, of most current manufacture and not discontinued, will
be free of defects in materials and workmanship, will be provided in accordance with manufacturer's
standard warranty for at least one (1) year unless otherwise specified, and will perform in
accordance with manufacturer's published specifications. If applicable, this paragraph shall be
construed in harmony with F. S. § 725.06.
S.27 CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice
the City’s right to recover against third parties for any loss, destruction, or damage to City property,
and will at the City’s request and expense, furnish to the City reasonable assistance and
cooperation, including assistance in the prosecution or defense of suit and the execution of
instruments of assignment in favor of the City in obtaining recovery.
S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver
any specific amount of materials or services or any materials or services at all under this Agreement
and acknowledges and agrees that the materials or services will be requested by the City on an as
needed basis at the sole discretion of the City. Any document referencing quantities or
performance frequencies represent the City's best estimate of current requirements, but will not
bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.
S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or
publicity without obtaining the prior written consent of the City.
S.31 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and allowed unless otherwise agreed.
STANDARD TERMS AND CONDITIONS
Vehicle Graphics and Installation 14 RFP #36-24
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
Vehicle Graphics and Installation 15 RFP #36-24
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
Vehicle Graphics and Installation 16 RFP #36-24
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 awarded companies are expected to perform the following work as tasked
by the City. The City of Clearwater is seeking Vendor(s) to provide custom wrap or decal services
for the application, removal, and repair of decals, wraps and striping for a variety of citywide motor
vehicles and equipment such as trucks, vans, cars, sports utility vehicles (SUV), utility terrain
vehicles (UTV), watercraft and other miscellaneous equipment on an as-needed basis. Vendor(s)
may be required to install graphics on other new vehicles as acquired by the City.
Services shall include but are not limited to:
a. Professional services for custom decals, partial vehicle wrap, and full vehicle wraps for
Clearwater Fire & Rescue (CFR), Clearwater Police Department (CPD), Clearwater
Gas Department and Clearwater Public Utilities as referenced in Exhibit B- City of
Clearwater Vehicle Wraps, Decals, and Striping.
b. Most services will be performed at the Vendor’s facility. It is the City’s preference that
the Vendor facility is located within 20 miles of the City’s Fleet Division located at 1900
Grand Avenue, Clearwater, FL 33765. Orders shall be completed within seven (7)
calendar days after receipt of the order (ARO). Upon completion, pick-up shall be within
seven (7) calendar days. Custom orders shall be completed within fourteen (14)
calendar days ARO. Additional days for department pick-up may be authorized by the
ordering department liaison for large custom orders.
c. On-site installation for items such as UTV’s, jet skis, Pierce Fire Engines, Pierce Arial
Ladder Trucks, Pierce Heavy Rescue Squads, and Osage Ambulance, may be
required at the Clearwater Fire and Rescue Facility located at 1716 N. Belcher Rd,
Bldg. D, Clearwater, FL 33765. Business hours are from 7:30am to 4:00pm Monday
through Friday.
• A background check will be required by the Clearwater Police Department for
all personnel providing installation services on City property.
• Additional insurance requirements will be needed for on-site installation.
d. Vendor(s) shall match existing vinyl graphics/materials on current Clearwater Police
Department (CPD) vehicles when a portion of a vehicle has been repaired and new
graphics/material needs to be added.
3. ADDITIONALSERVICES. The vendor shall submit with response, any additional services offered
to include pricing. In addition, under Exhibit A – Bid Pricing, Category #400-6, Vendor(s) shall
include percentage discount off of catalog pricing. If applicable, the Respondent shall include any
volume discounts offered under TAB 5 – Cost Proposal.
4. MATERIALS. Vendor(s) shall use only materials that are suitable for the severe coastal Florida
environment and regular use of service vehicles from CFR, CPD and other citywide departments.
The proposed material shall be able to withstand abrasions, scratches and shall be resistant to UV
DETAILED SPECIFICATIONS
Vehicle Graphics and Installation 17 RFP #36-24
fading, saltwater, cracking, edge peeling, and frequent mechanical washing. Reflective premium
vinyl wraps with lamination and/or digitally cut vehicle decals/graphics shall be required for CPD
and other departments as requested. Materials shall have high visibility and high durability. The
material shall be designed to allow removing without causing damage to the vehicle. Logos shall
be done with screen-printing. The Vendor(s) shall supply all materials and equipment to be used in
the application or removal of all services mentioned in this solicitation. The Vendor should include
options for sustainable/environmental-friendly decal materials.
Examples of current materials used by the City are as follows:
a. 3M 680/680CR (3M™ Scotchlite™ Reflective Graphic Film)
b. 3M 2080 (3M™ Wrap Film Series 2080)
c. 3M™ Controltac™
d. 3M Lamination 8519 Luster
e. Oracal 751
f. Avery Dennison 1105
Vendor(s) are required to provide the type of materials offered under Response Format, TAB 3 -
Project Approach, Materials and Location of Facility. Proposed material shall include but not be
limited to manufacturer (i.e., 3M, Avery, etc.), material description, thickness, and resistance to
wear, supporting technical data and manufacturer warranty for all products offered. The City will
have the right to audit and inspect the Vendor(s) materials to confirm that the proposed materials
meet the requirement of the city.
5. DISCONTINUED MATERIALS. If a manufacturer discontinues materials required by this Contract,
the City may allow the Vendor to provide a substitute for the discontinued item or may cancel the
Contract. All substitute material shall be approved by the City. If the Vendor requests permission
to substitute a new material, the Vendor shall provide the following to the City:
a. Documentation from the manufacturer that the material has been discontinued.
b. Documentation that names the replacement material.
c. Documentation that provides clear and convincing evidence that the replacement material
meets or exceeds all specifications required by the original Solicitation.
d. Documentation that provides clear and convincing evidence that the replacement material will
be compatible with all the functions or uses of the discontinued material.
e. Documentation confirming that the price for the replacement is the same as or less than the
discontinued material.
6. PROOFS AND FINAL APPROVAL. The City reserves the right to make adjustments to the design
and will provide a final design for each vehicle each time the Vendor is engaged to remove and/or
install graphics on each vehicle.
Design of any graphics, logos and vehicle designs provided and developed within the course of
this contract are specific to the City of Clearwater and are considered proprietary information and
shall remain the sole property of the City. This includes but is not limited to transfer of software
files, as well as electronic and printed formats of design media specific to the City.
Vendor will provide proofs of design work to be displayed on vehicle or equipment. The City shall
not be charged for this service. When applicable, the Vendor shall label each graphic panel
according to the vehicle side (i.e. driver-side and passenger side, back and front of the vehicle).
All graphics shall be preapproved by our Public Communications Department.
7. ORDER AND INVOICING INSTRUCTIONS.
a. Decals may be ordered by the set or individually.
b. The awarded Vendor(s) shall provide a written, detailed estimate for all proposed work. After reviewing each estimate, the City Department Representative, with oversight from the Fleet Purchasing Coordinator, reserves the right to review the estimate with the Awarded Vendor(s).
DETAILED SPECIFICATIONS
Vehicle Graphics and Installation 18 RFP #36-24
No Work shall commence until final approval has been given.
c. A purchase order is required for all orders which will be submitted by our Fleet Division to the
awarded Vendor(s). The city will not pay for any order that was not preapproved. City of
Clearwater’s standard payment terms are NET 30.
d. All invoices shall be itemized and contain the following:
• Company Name and Address.
• Invoice number and date.
• Purchase order/contract number.
• City’s vehicle number (G#)
• Description of services and pricing.
• Payment may be delayed if information is insufficient. Invoice should contain
adequate detail to allow the City representative to understand all tasks that
have been performed.
e. Items listed under Exhibit A – Bid Pricing, Category 300 – Decals, shall be delivered to the
Fleet Division at 1900 Grand Ave, Clearwater, FL where they will be installed by City staff.
Additional items may be added as needed.
8. QUALITY ASSURANCE. The Vendor shall be responsible for quality control and ensuring the
printed product matches the approved graphic proof, required dimensions, graphic colors and
agreed upon media type. The Vendor is solely responsible for the quality of the installation at the
expense of the Vendor. The City reserves the right to request that the Vendor correct any defects
due to poor material or installation practice. Such requests shall be issued by the City in writing.
The Vendor shall correct defect(s) within seven (7) business days, at no cost to the City.
Additionally, Vendor shall:
a. Ensure materials are applied with no scratches, tears, bubbles, or other visible defects.
b. Ensure materials are installed per manufacturer instructions using best shop practices.
c. Ensure materials perform correctly by exhibiting proper adhesion to surfaces they are applied
to.
d. Ensure print and cut graphic decals will retain their colors and shape throughout the duration
of the decal material’s outdoor durability.
During the performance of the installation services, if the Vendor damages any features on the
vehicle, the Vendor shall notify the City immediately within two (2) hours of the discovery of the
damage, and the Vendor shall be responsible for replacing and/or repairing the feature(s) prior to
continuing performance of the Scope of Work. The Vendor shall not be entitled to any adjustment in
the contract price for any work resulting from Vendor damage.
9. WARRANTY. Warranty repair, removal, re-application and required materials shall be provided by
the selected Vendor (not the film/material manufacturer) for a period of no less than five (5) years.
Film/material manufacturer warranty shall be to the full extent of the manufacturer’s warranty. A
warranty statement shall be provided with response under TAB 6-Warranty Information. Graphic
material shall be able to withstand abrasions, scratches, resistance to UV fading (defined as the
loss of printed colors), cracking, edge peeling, and frequent mechanical washing.
10. EXPERIENCE AND REFERENCES. Respondents shall include their experience and qualifications
in providing similar services under TAB 2 – Demonstrated Experience and Qualifications. A
minimum of three (3) references, preferably from other public entities within the State of Florida for
whom you have provided similar services to within the past three (3) years, are required under TAB
4 - References. Sample artwork must accompany references to include the type of materials used.
In addition to requirements set forth in the RFP, respondents shall have the proper facilities to
provide for required services and such facilities shall be secure. Vehicles shall be stored in a
secure/locked/gated area if not under 24/7 camera monitoring. If vehicles are stored outside, keys
are to be locked in a secure location inside the vendor’s facility.
DETAILED SPECIFICATIONS
Vehicle Graphics and Installation 19 RFP #36-24
11. 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. Garage Keeper’s Liability Insurance coverage, including but not limited to, damages such
as bodily injury, property damage, and pollution costs and expenses in the minimum amount
of $1,000,000 (one million dollars) per occurrence.
d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory
Workers’ Compensation Insurance coverage in accordance with the laws of the State of
Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one
million dollars) each employee each accident, $1,000,000 (one million dollars) each employee
by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage should include
Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act
coverage where applicable. Coverage must be applicable to employees, contractors,
subcontractors, and volunteers, if any.
The above insurance limits may be achieved by a combination of primary and
umbrella/excess liability policies.
Other Insurance Provisions.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the
insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor
will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate,
SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set
forth above and naming the City as an “Additional Insured” on the Commercial General Liability
Insurance and the Commercial Automobile Liability Insurance. In addition when requested in
writing from the City, Vendor will provide the City with certified copies of all applicable policies.
The address where such certificates and certified policies shall be sent or delivered is as
follows:
City of Clearwater
Attn: Procurement Division, RFP #36-24
P.O. Box 4748
Clearwater, FL 33758-4748
b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal,
DETAILED SPECIFICATIONS
Vehicle Graphics and Installation 20 RFP #36-24
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
Vehicle Graphics and Installation 21 RFP #36-24
1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. July 2024 – July 2025
If the commencement of performance is delayed because the City does not execute the contract
on the start date, the City may adjust the start date, end date and milestones to reflect the delayed
execution.
2. EXTENSION. The City reserves the right to extend the term of this contract, provided however,
that the City shall give written notice of its intentions to extend this contract no later than thirty (30)
days prior to the expiration date of the contract.
3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as
provided herein. The decision to renew a contract rests solely with the City. The City will give
written notice of its intention to renew the contract no later than thirty (30) days prior to the
expiration.
Three (3), one (1) year renewals is possible at the City’s option.
4. PRICES. All pricing shall be firm for the initial term of one (1) year except where otherwise provided
by the specifications, and include all transportation, insurance and warranty costs. The City shall
not be invoiced at prices higher than those stated in any contract resulting from this proposal.
a. The Contractor certifies that the prices offered are no higher than the lowest price the
Contractor charges other buyers for similar quantities under similar conditions. The
Contractor further agrees that any reductions in the price of the goods or services covered
by this proposal and occurring after award will apply to the undelivered balance. The
Contractor shall promptly notify the City of such price reductions.
b. During the sixty (60) day period prior to the renewal anniversary of the contract effective
date, the Contractor may submit a written request that the City increase the prices in an
amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as
published by the U.S. Department of Labor, Bureau of Labor Statistics
(http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and
respond in writing; such response and approval shall not be unreasonably withheld.
c. At the end of the initial term, pricing may be adjusted for amounts other than inflation based
on mutual agreement of the parties after review of appropriate documentation. Renewal
prices shall be firm for the one (1) year renewal term.
d. No fuel surcharges will be accepted.
RESPONSE ELEMENTS
Vehicle Graphics and Installation 22 RFP #36-24
1. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically
through our bids website at https://www.myclearwater.com/business/rfp.
For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as
ORIGINAL) response, five (5) copies of the response and one (1) copy in an electronic format, on
a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation.
NOTE: If submitting proposals electronically, copies are not required.
2. PROPOSAL FORMAT (the following should be included and referenced with index tabs)
NOTE: Every proposal received by the City will be considered a public record pursuant to
Chapter 119, Florida Statutes. Any response marked confidential may be deemed non-
responsive to this RFP.
Table of Contents: Identify contents by tab and page number
TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the
following information:
a. The respondent’s understanding of the work to be performed.
b. A positive commitment to perform the service within the time period specified.
c. The names of key persons, representatives, project managers who will be the main
contacts for the City.
TAB 2 - Demonstrated Experience and Qualifications. The following information should be
included: A statement of qualifications, abilities, experience, and expertise in providing the requested services as described under the RFP.
a. Highlight the experience and qualifications that distinguish your company from competitors.
b. Other current contractual obligations defining the Respondents capability to undertake and successfully fulfill the obligations proposed.
c. Key staff proposed for the duration of this contract to include relevant details on key staff experience and qualifications.
TAB 3 - Project Approach, Materials and Location of Facility. Respondents shall provide
comprehensive narrative statements that describe their approach in performing the Scope of Services outlined in this RFP.
a. Include type of materials offered to include options for sustainable/environmentally friendly
decal materials.
b. Location of responding Vendor(s) facility and whether the facility meet the requirements
set forth under 10. EXPERIENCE AND REFERENCES, page 18 of the solicitation.
c. Indicate whether time frame outlined in 2(b). SCOPE OF SERVICES, page 16 can be met.
TAB 4 - References: A minimum of three (3) references, preferably from other public entities for
which similar services have been provided, within the past five (5) years, are required.
a. Each reference shall include the name of the entity, date of services, description of
services, address, contact person, telephone number, and email address.
b. Sample artwork must accompany references to include the type of materials used.
TAB 5 – Cost Proposal. The following section shall include but not be limited to:
a. Exhibit A_Bid Pricing to include proposed materials.
• Vehicles listed on Exhibit A_ Bid Pricing are based on the City’s current fleet and have
been included for pricing purposes only. Additional vehicles may be added or removed
as needed.
• Vendors are not required to bid on all items in Exhibit A – Bid Pricing, excluding
Category 400 – Labor & Miscellaneous, however, all items within a category shall be
bid on in order to be considered for that category.
RESPONSE ELEMENTS
Vehicle Graphics and Installation 23 RFP #36-24
b. Include any volume discounts (if applicable)
c. Provide any additional services offered to include pricing.
TAB 6 – Warranty Information. This section shall include warranty of materials and labor as
outlined in 9. WARRANTY, page 18 of the solicitation.
TAB 7 - Other Forms. The following forms should be completed and signed:
a. Exceptions/Additional Materials/Addenda form
b. Vendor Information form
c. Vendor Certification of Proposal form
d. Scrutinized Companies form(s) as required.
e. E-Verify Eligibility form
f. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA
Vehicle Graphics and Installation 24 RFP #36-24
Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation
document. Exceptions that surface elsewhere and that do not also appear under this section shall be
considered invalid and void and of no contractual significance.
Exceptions (mark one):
**Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a
Proposal non-responsive.
No exceptions
Exceptions taken (describe--attach additional pages if needed)
Additional Materials submitted (mark one):
No additional materials have been included with this proposal
Additional Materials attached (describe--attach additional pages if needed)
Acknowledgement of addenda issued for this solicitation:
Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda
have been issued.
Addenda Number Initial to acknowledge receipt
Vendor Name Date:
VENDOR INFORMATION
Vehicle Graphics and Installation 25 RFP #36-24
Company Legal/Corporate Name:
Doing Business As (if different than above):
Address:
City: State: Zip: -
Phone: Fax:
E-Mail Address: Website:
DUNS #
Remit to Address (if different than above): Order from Address (if different from above):
Address: Address:
City: State: Zip: City: State: Zip:
Contact for Questions about this proposal:
Name: Fax:
Phone: E-Mail Address:
Day-to-Day Project Contact (if awarded):
Name: Fax:
Phone: E-Mail Address:
Certified Small Business
Certifying Agency:
Certified Minority, Woman or Disadvantaged Business Enterprise
Certifying Agency:
Provide supporting documentation for your certification, if applicable.
VENDOR CERTIFICATION OF PROPOSAL
Vehicle Graphics and Installation 26 RFP #36-24
By signing and submitting this Bid/Proposal/Qualification/Response, the Vendor certifies that:
a) It is under no legal prohibition on contracting with the City of Clearwater.
b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as
well as its attachments, and any referenced documents.
c) It has no known, undisclosed conflicts of interest.
d) The prices offered were independently developed without consultation or collusion with any of the other
vendors or potential vendors or any other anti-competitive practices.
e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or
consultant who has or may have had a role in the procurement process for the commodities or services
covered by this contract. The Vendor has not influenced or attempted to influence any City employee, officer,
elected official, or consultant in connection with the award of this contract.
f) It understands the City may copy all parts of this response, including without limitation any documents or
materials copyrighted by the Vendor, for internal use in evaluating respondent’s offer, or in response to a
public records request under Florida’s public records law (F.S. Chapter 119) or other applicable law,
subpoena, or other judicial process; provided that the City agrees not to change or delete any copyright or
proprietary notices.
g) It hereby warrants to the City that the Vendor and its subcontractors will comply with, and are contractually
obligated to comply with, all federal, state, and local laws, rules, regulations, and executive orders.
h) It certifies that Vendor is not presently debarred, suspended, proposed for debarment, declared ineligible,
voluntarily excluded, or disqualified from participation in this matter from any federal, state, or local agency.
i) It will provide the commodities or services specified in compliance with all federal, state, and local laws, rules,
regulations, and executive orders if awarded by the City.
j) It is current in all obligations due to the City.
k) It will accept all terms and conditions as set forth in this solicitation if awarded by the City.
l) The signatory is an officer or duly authorized representative of the Vendor with full power and authority to
submit binding offers and enter into contracts for the commodities or services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature:
Printed Name:
Title:
Date:
SCRUTINIZED COMPANIES FORMS
Vehicle Graphics and Installation 27 RFP #36-24
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH
CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND
SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements
of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business
operations in Cuba and Syria; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this
solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and
Syria; and
3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce
in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling,
possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real
property, military equipment, or any other apparatus of business or commerce; and
4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate,
or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of
its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies
with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria.
__________________________________________
Authorized Signature
__________________________________________
Printed Name
__________________________________________
Title
__________________________________________
Name of Entity/Corporation
STATE OF _____________________
COUNTY OF ___________________
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online
notarization on, this _____ day of _________________, 20____, by _____________________________
(name of person whose signature is being notarized) as the ________________________ (title) of
______________________________________(name of corporation/entity), personally known ______, or
produced _________________________ (type of identification) as identification, and who did/did not take
an oath.
__________________________________________
Notary Public
__________________________________________
Printed Name
My Commission Expires: __________________
NOTARY SEAL ABOVE
SCRUTINIZED COMPANIES FORMS
Vehicle Graphics and Installation 28 RFP #36-24
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL
NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements
of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott
Israel List, or engaged in a boycott of Israel; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this
solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a
boycott of Israel; and
3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking
other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or
in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is
participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott
of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as
evidence that a company is participating in a boycott of Israel; and
4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate,
or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days
after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged
in a boycott of Israel.
______________________________________
Authorized Signature
______________________________________
Printed Name
______________________________________
Title
______________________________________
Name of Entity/Corporation
STATE OF _____________________
COUNTY OF ___________________
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online
notarization on, this _____ day of _________________, 20____, by _____________________________
(name of person whose signature is being notarized) as the ________________________ (title) of
______________________________________(name of corporation/entity), personally known ______, or
produced _________________________ (type of identification) as identification, and who did/did not take
an oath.
__________________________________________
Notary Public
__________________________________________
Printed Name
My Commission Expires: __________________
NOTARY SEAL ABOVE
E-VERIFY ELIGIBILITY FORM
Vehicle Graphics and Installation 29 RFP #36-24
VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM
PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF
ALL NEWLY HIRED EMPLOYEES.
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095.
2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the
work authorization status of newly hired employees.
3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract
registers with and uses the E-Verify system.
4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not
employ, contract with, or subcontract with unauthorized alien.
5. The Contractor must maintain a copy of such affidavit.
6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors
knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c).
7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be
awarded a public contract for at least 1 year after the date on which this Contract was terminated.
8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this
Contract.
__________________________________________
Authorized Signature
__________________________________________
Printed Name
__________________________________________
Title
__________________________________________
Name of Entity/Corporation
STATE OF _____________________
COUNTY OF ___________________
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online
notarization on, this _____ day of _________________, 20____, by
_______________________________ (name of person whose signature is being notarized) as the
________________________ (title) of ______________________________________(name of
corporation/entity), personally known ______, or produced _________________________ (type of
identification) as identification, and who did/did not take an oath.
____________________________________
Notary Public
____________________________________
Printed Name
My Commission Expires: __________________
NOTARY SEAL ABOVE
MAILING LABEL
CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER
Vehicle Graphics and Installation 30 RFP #36-24
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP #36-24, Vehicle Graphics and Installation
Due Date: May 29, 2024, at 10:00 A.M.
City of Clearwater
Attn: Procurement Division
PO Box 4748
Clearwater FL 33758-4748
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP #36-24, Vehicle Graphics and Installation
Due Date: May 29, 2024, at 10:00 A.M.
City of Clearwater
Attn: Procurement Division
100 S Myrtle Ave 3rd Fl
Clearwater FL 33756-5520
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
1) Sign- Age of Tampa Bay, Inc
4400 140th Ave. N. Ste. 250
Clearwater, FL 33762
727-536-9400 ext 28
Certified: Small Business Enterprise
ADVERTISED: TAMPA BAY TIMES 05.01.2024
POSTED:myclearwater.com 04.25.2024-05.29.2024
Due/Opening: May 29, 2024; 10:00 a.m.
REQUEST FOR PROPOSAL No. 36-24
Vehicle Graphics and Installation
Solicitation Response Listing
FOR THE CITY OF CLEARWATER
Item Description Estimated
Quantities UOM Unit Price
#100-1 Full-size Fire Sport Utility Vehicle
(SUV)1 each $ 1,977.00
#100-2 Full-size Police Sport Utility Vehicle
(SUV)1 each $ 1,692.00
#100-3 Mid-size Police Sports Utility Vehicle
(SUV)1 each $ 1,592.00
#100-4 Mid-size Fire Sport Utility Vehicle
(SUV)1 each $ 1,763.00
#100-5 Mid-size Fire pick-up Truck 1 each $ 1,787.00
#100-6 Mid-size Police pick-up Truck 1 each $ 1,417.00
#100-7 Full-size Gas pick-up Truck 1 each $ 1,245.00
#100-8 Full-size Fire pick-up Truck 1 each $ 2,103.00
#100-9 Full-size Police pick up Truck 1 each $ 1,827.00
RFP 36-24 Vehicle Graphics and Installation
Exhibit A_Bid Pricing: Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Citywide Graphics to the City of
Clearwater at the price(s) stated below.
Vendors will be required to include the type of material quoted. With exception of Category 400 - Labor & Miscellaneous, Vendor(s) are not required to bid on all items
however, all items within a category shall be bid on to be considered for that category.
Category 100 – Partial Wrap (pricing shall include proposed materials, labor and installation)
3M High Performance 180-CV3, 5100 reflective, Avery Engine
Turn Gold Metalized film and 8519 lam. 2021-2024 Chevy
Suburban. Install 6 hrs.
Type of Material Proposed
3M High Performance 180-CV3, 5100 reflective and 8519 lam.
2021-2024 Chevy Suburban. Install 5 hrs.
3M High Performance 180-CV3, 5100 reflective and 8519 lam.
2020-2024 Ford Explorer. Install 5 hrs.
3M High Performance 180-CV3, 5100 reflective, Avery Engine
Turn Gold Metalized film and 8519 lam. 2024 Ford Explorer.
Install 6 hrs.
3M High Performance 180-CV3, 5100 reflective, Avery Engine
Turn Gold Metalized film and 8519 lam. 2024 Ford Maverick.
Install 6 hrs.
3M High Performance 180-CV3, 5100 reflective and 8519 lam.
2024 Ford Maverick. Install 5 hrs.
3M High Performance 180-CV3 and 8519 lam. 2023-2024 Ford
F250 F350 F450 Crew Cab 6.75ft box. Install 5 hours.
3M High Performance 180-CV3, 5100 reflective, Avery Engine
Turn Gold Metalized film and 8519 lam. 2023-2024 Ford F250
F350 F450 Crew Cab 6.75ft box. Install 6 hours.
3M High Performance 180-CV3, 5100 reflective and 8519 lam.
2023-2024 Ford F250 F350 F450 Crew Cab 6.75ft box. Install 5
hours.
#100-10 Full-size cargo/Mini-van 1 each $ 1,714.00
#100-11 Full-size passenger van 1 each $ 1,191.00
#100-12 Jetski for Fire 1 each $ 650.00
#100-13 Utility Terrain Vehicle(UTV) for Fire 1 each $ 407.00
#100-14 Utility Terrain Vehicle (UTV) for
Police 1 each $ 407.00
#100-15 Full-size Public Utilities Sport Utility
Vehicle (SUV)1 each $ 1,180.00
#100-16 Mid-size Public Utilities Sports Utility
Vehicle (SUV)1 each $ 1,136.00
#100-17 Mid-size Police Sports Utility Vehicle
(SUV)1 each $ 1,592.00
#100-18 Mid-size Public Utilities pick-up
Truck 1 each $ 1,087.00
#100-19 Full-size Public Utilities pick-up
Truck 1 each $ 1,245.00
#100-20 Public Utilities Sedan 1 each $ 1,200.00
#100-21 Enclosed Trailer (ex. 7' x 16')1 each $ 2,737.00
3M High Performance 180-CV3, 5100 reflective and 8519 lam.
2019-2023 Ford Transit Connect with Sliding Door. Install 6 hrs.
3M High Performance 180-CV3, 5100 reflective and 8519 lam.
2020-2024 Ford Transit 150 Low Roof Swing & Slide Door. Install
5 hrs
3M High Performance 180-CV3 and 8519 lam. Yamaha 1200 GP
Waverunner. 2 hr install
3M High Performance 180-CV3 and 8519 lam. 2024 Ford
Maverick. Install 5 hrs.
3M High Performance 180-CV3 and 8519 lam. 2023-2024 Ford
F250 F350 F450 Crew Cab 6.75ft box. Install 5 hours.
3M High Performance 180-CV3 and 8519 lam. 2021-2024 Toyota
Camry. Install 5 hours.
3M High Performance 180-CV3 with 8519 lam. Install 5 hrs
3M High Performance 180-CV3 and 8519 lam. Polaris Ranger.
2 hr install
3M High Performance 180-CV3 and 8519 lam. Polaris Ranger.
2 hr install
3M High Performance 180-CV3 and 8519 lam. 2021-2024 Chevy
Suburban. Install 5 hrs.
3M High Performance 180-CV3 and 8519 lam. 2024 Ford
Explorer. Install 5 hrs.
3M High Performance 180-CV3, 5100 reflective and 8519 lam.
2024 Ford Explorer. Install 5 hrs.
Item Description Estimated
Quantities UOM Unit Price
#200-1 Mid-size Police Sports Utility
Vehicle (SUV)1 each $ 2,690.00
#200-2 Mid-size Fire Sport Utility
Vehicle (SUV)1 each $ 2,924.00
#200-3 Mid-size Fire pick-up Truck 1 each $ 2,571.00
#200-4 Mid-size Police pick-up Truck 1 each $ 2,301.00
#200-5 Full-size Gas pick-up Truck 1 each $ 2,478.00
#200-6 Full-size Fire pick-up Truck 1 each $ 2,867.00
#200-7 Full-size Police pick up Truck 1 each $ 2,683.00
#200-8 Full-size Public Utilities Sport
Utility Vehicle (SUV)1 each $ 2,571.00
#200-9 Mid-size Public Utilities Sports
Utility Vehicle (SUV)1 each $ 2,196.00
#200-10 Mid-size Public Utilities pick-up
Truck 1 each $2,030.00
#200-11 Full-size Public Utilities pick-up
Truck 1 each $2,478.00
#200-12 Public Utilities Sedan 1 each $1,964.00
#200-13 Full-size cargo/Mini-van 1 each $3,070.00
#200-14 Full-size passenger van 1 each $3,482.00
#200-15 Utility Terrain Vehicle(UTV) for
Fire 1 each $ 1,039.00
#200-16 Utility Terrain Vehicle (UTV) for
Police 1 each $1,039.00
Exhibit A_Bid Pricing: Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Citywide Graphics to
the City of Clearwater at the price(s) stated below.
Vendors will be required to include the type of material quoted. With exception of Category 400 - Labor & Miscellaneous, Vendor(s) are not required to
bid on all items however, all items within a category shall be bid on to be considered for that category.
RFP 36-24 Vehicle Graphics and Installation
3M High Performance 180-CV3 and 8519 lam.
2021-2024 Chevy Suburban. Install 8 hrs.
3M High Performance 180-CV3 and 8519 lam. 2024
Ford Explorer. Install 8 hrs.
3M High Performance 180-CV3 and 8519 lam. 2024
Ford Maverick. Install 8 hrs.
Type of Material Proposed
Category 200- Full Wrap (pricing shall include proposed materials, labor and installation)
3M High Performance 180-CV3, 5100 reflective and
8519 lam. 2024 Ford Explorer. Install 8 hrs.
3M High Performance 180-CV3, 5100 reflective,
Avery Engine Turn Gold Metalized film and 8519 lam.
2024 Ford Explorer. Install 9 hrs 3M High Performance 180-CV3, 5100 reflective,
Avery Engine Turn Gold Metalized film and 8519 lam.
2022-2024 Ford Maverick. Install 9 hrs
3M High Performance 180-CV3, 5100 reflective, and
8519 lam. 2024 Ford Maverick. Install 8 hrs
3M High Performance 180-CV3 and 8519 lam. 2023-
2024 Ford F250 F350 F450 Crew Cab 6.75ft box.
Install 8 hours.
3M High Performance 180-CV3, 5100 reflective,
Avery Engine Turn Gold Metalized film and 8519 lam.
2023-2024 Ford F250 F350 F450 Crew Cab 6.75ft 3M High Performance 180-CV3, 5100 reflective and
8519 lam. 2023-2024 Ford F250 F350 F450 Crew Cab
6.75ft box. Install 8 hours.
3M High Performance 180-CV3, 5100 reflective and
8519 lam. 2020-2024 Ford Transit 150 Low Roof
Swing & Slide Door. Install 10 hrs
3M High Performance 180-CV3 and 8519 lam. Polaris
Ranger. Install 4 hrs
3M High Performance 180-CV3 and 8519 lam. Polaris
Ranger. Install 4 hrs
3M High Performance 180-CV3 and 8519 lam. 2023-
2024 Ford F250 F350 F450 Crew Cab 6.75ft box.
Install 8 hours
3M High Performance 180-CV3 and 8519 lam. 2021-
2024 Toyota Camry. Install 7 hours.
3M High Performance 180-CV3, 5100 reflective and
8519 lam. 2019-2023 Ford Transit Connect with
Sliding Door. Install 8 hrs
Item Description Estimated
Quantities UOM Unit Price
#300-1 Other City Decals – Vinyl Film
15.875” x 8”1 each $ 175.00
#300-2 Other City Decals – Reflective
15.875 x 8”1 each $ 200.00
RFP 36-24 Vehicle Graphics and Installation
Type of Material Proposed
Category 300 – Decals (For delivery to Fleet Division at 1900 Grand Ave, Clearwater, FL. No installation requried.
3M 180-Cv3 with 8519 laminate, contour cut additional
charge; price will be reduced with larger quantities
3M 5100 with 8519 laminate, contour cut additional
charge; price will be reduced with larger quantities
Exhibit A_Bid Pricing: Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Citywide Graphics to the City of
Clearwater at the price(s) stated below.
Vendors will be required to include the type of material quoted. With exception of Category 400 - Labor & Miscellaneous, Vendor(s) are not required to bid on all
items however, all items within a category shall be bid on to be considered for that category.
Item Description Estimated
Quantities UOM Unit Price
#400-1 Set- Up Fee (s)1 Per Hour $ 98.00
#400-2 Off- site vendor facility- Installation
Services 1 Per Hour $ 112.00
#400-3
On-Site Installation Services (if
applicable)
Enter a zero amount if this is not
offered
1 Per Hour $ 210.00
#400-4 Removal Services (if not otherwise
covered)1 Per Hour $ 98.00
Item Percentage
#400-5 %
#400-6 %
Category 400 – Labor & Misccellaneous: REQUIRED CATEGORY
Exhibit A_Bid Pricing: Pursuant to the contract specifications enumerated and described in
this solicitation, we agree to furnish Citywide Graphics to the City of Clearwater at the price(s)
stated below.
Vendors will be required to include pricing for Category 400 - Labor & Miscellaneous.
RFP 36-24 Vehicle Graphics and Installation
Vehicle Graphics Materials Cost (provide percentage discount off
manufacturer)
Additioanl percentage discount off of catalog pricing
Description
Category 400 – Labor & Misccellaneous: REQUIRED CATEGORY
July 1, 2024
NOTICE OF INTENT TO AWARD:
RFP 36-24: Vehicle Graphics and Installation
The Evaluation Committee and the Procurement Division recommend award of RFP #36-24,
Vehicle Graphics and Installation, to Sign-Age of Tampa Bay in the estimated annual amount of
$165,000.00 for a period of one (1) year, with three (3), one (1) year renewal options.
This Award recommendation will be considered by the City Council at the July 15, 2024, Council
Meeting (3:00PM). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave.,
Clearwater, FL 33755.
Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst at (727)
444-8510, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater,
FL 33758-4748.
Posted on this date by:
Krissie Cook
Krissie Cook
Procurement Analyst
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0752
Agenda Date: 7/15/2024 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: General Services
Agenda Number: 6.10
SUBJECT/RECOMMENDATION:
Approve a purchase order to Garland/DBS, Inc. for roof replacement at General Services/Fleet
Maintenance Facility in the not-to-exceed amount of $2,505,725.00 pursuant to Clearwater Code of
Ordinances Section 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same.
SUMMARY:
The proposal from Garland/DBS provides for the installation of a metal roof hugger system over the existing
metal roof with required structural upgrades per engineered drawings. This type of installation allows for
employee and day to day operations to remain unaffected by work to be performed over the General
Services/Fleet Maintenance administration areas. The General Services/Fleet Maintenace warehouse is a
pre-engineered metal building that is over 40 years old and has reached the end of its life cycle. The
existing roofing system needs substantial repair to maintain a dry envelope so that no further leaking
occurs within the structure.
Authorization to piggyback OMNIA Partners contract PW1925 (Racine County Wisconsin) valid through
October 14, 2029, is requested. Garland/DBS, Inc. was the lowest responsive, responsible bidder on the
Invitation to Bid (ITB). Garland provided line-item pricing from the OMNIA contract of $3,582,170.51.
However, under the Alternative Costing Method of the OMNIA contract, Garland can provide alternative
pricing if the service is more appropriate to be custom designed and manufactured to meet an individual
project site’s conditions or provide for a unique application of the project. Under this Alternative Costing
Method, Garland contacted six local roofing contractors to compare pricing and received three proposals
for this work. Tarheel Roofing, Inc. provided the lowest cost proposal of $2,505,725.00 and will serve as a
subcontractor to Garland.
Work shall commence upon award and execution of the proposal and is anticipated to be completed 90
calendar days from the notice to proceed date.
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendment will establish capital project C2414, General Services Roof
Replacement, and provide a transfer of $500,000.00 in garage fund revenue from capital project
GSFL180001, Fleet Facility R&R; a transfer of $1,686,963 from Garage Fund reserves; and a transfer of
$323,037 from General Services Fund reserves to create the project budget to fund this purchase order.
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a third quarter budget amendment allocating $1,686,963 of
Garage Fund reserves and $323,037 of General Services Fund reserves to capital improvement project
C2414, General Services Roof Replacement. The remaining balance of unallocated Garage Fund reserves
after 25% working capital reserve is approximately $5.8 million or 30% of the current Garage Fund
operating budget. The remaining balance of unallocated General Services Fund reserves after 25% working
capital reserve is approximately $1.7 million or 23% of the current General Services Fund operating
budget.
Page 1 City of Clearwater Printed on 7/9/2024
File Number: ID#24-0752
STRATEGIC PRIORITY:
The use of Garland/DBS is supported by Strategic Plan Objectives 1.1, maintaining municipal
performance, and promoting accountable governance; 1.2, maintaining public infrastructure; 2.1,
strengthen-public private initiatives 3.2, proactive code compliance, and targeted revitalization.
Page 2 City of Clearwater Printed on 7/9/2024
1.
2.
3.
4.
5.
1.
2.
3.
4.
5.
6.
New aluminum gutter and downspouts.
Provide and install (weld in place) 4 pcs of 3/8” x 3” x 2 ft long steel to 4 columns as stiffeners.
Prime to match existing.
Provide and install Kattsafe Aluminum Hatch access ships ladder, mil finish aluminum. Model #
KOMBI ship ladder to roof hatch Floor/floor height of 168 inches.
Provide and install Bilco roof hatch Model NB-50 Aluminum cover and frame. 2’6” x 4’6”.
Provide and install supporting I beams and angle in Galvanized steel.
Scope of Work: Per Drawings produced by Pennoni for 1900 Grand Ave. Clearwater Fl. 33765.
The following scope of work is our interpretation of the intent of the Drawings
Noted , GARLA23001 dated 3-12-24
MICPA # PW1925
FL General Contractor #:CGC1533467
Scope of Work: Standing Seam Metal Roof System – Roof Hugger System
Replacement of any deteriorated or damaged roof system as needed and identified by engineer.
The installation of new sub-framing members over top of existing metal roof system per
manufacturer’s instructions secured to structural members with fasteners.
Purchase orders to be made out to: Garland/DBS, Inc.
Please Note: The following budget/estimate is being provided according to the pricing established under the
Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine County, WI and OMNIA
Partners, Public Sector (U.S. Communities). The line item pricing breakdown from Attachment C: Bid Form
should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc.
administered an informal competitive process for obtaining quotes for the project with the hopes of providing
a lower market-adjusted price whenever possible.
Installation of new fall safety system.
Date Submitted: 05/17/2024
Proposal #: 25-FL-231231
Garland/DBS, Inc.
3800 East 91st Street
Cleveland, OH 44105
Phone: (800) 762-8225
Fax: (216) 883-2055
ROOFING MATERIAL AND SERVICES PROPOSAL
City of Clearwater
General Services Building
1900 Grand Ave.
Clearwater, FL 33765
Installation of 0.040 aluminum 16-inch wide R-Mer Span Metal Roof System as specified by shop
drawings along with all accessories.
Provide and install 10 pcs of 600S200-97 12ga. Galv. as purlin repair.
Provide and install (weld in place) 8 pcs of ½” x 6” x 4 ft long steel to 4 columns as reinforcement.
Prime to match existing.
Page 1 of 5
1.
2.
3.
4.
5.
Item #Unit Price Quantity Unit Extended Price
133,576.95$ 1 Ea 133,576.95$
1.40.01
14%133,576.95 %18,700.77$
14.02.01
8.05$ 77,000 SF 619,850.00$
14.02.02
1.47$ 77,000 SF 113,190.00$
14.02.04
0.77$ 77,000 SF 59,290.00$
14.02.34
18.61$ 77,000 SF 1,432,970.00$
35.81$ 550 LF 19,695.50$
Roof Management, Design Assistant and/or
Professional Services: Additional Professional
Services: Option 1: Professional Services (Third party
architectural design, engineering or consulting services
quote on corporate letterhead)
Cost plus added to quote
Reference Omnia Line Item 1.40.01 Below -
Profesional Service; Roof Hugger System
Attachment C: Bid Form - Line Item Pricing Breakdown
Item Description
New perimeter edge metal (0.040 aluminum) including gutters/downspout and all
accessories as needed.
METAL ROOFING SYSTEMS - LOW SLOPE &
STEEP SLOPE (2): ROOF CONFIGURATION
Architectural or Structural Standing Seam Roof
System; Seam Height At or Above 2": PANEL
INSTALLATION OPTION: Structural Application -
Installed Over Retrofit Framing System Below 3:12
Slope
METAL ROOFING SYSTEMS - LOW SLOPE &
STEEP SLOPE (2): ROOF CONFIGURATION
Architectural or Structural Standing Seam Roof
System; Seam Height At or Above 2": THICKNESS
OPTION: Add for Bare Aluminum 0.040" Aluminum ,
18" - 19" Wide Panels
METAL ROOFING SYSTEMS - LOW SLOPE &
STEEP SLOPE (2): ROOF CONFIGURATION
Architectural or Structural Standing Seam Roof
System; Seam Height At or Above 2": PANEL WIDTH
OPTION: Add for 16" - 17" Panel Width - Aluminum
.040 Aluminum Gutters Hand Fabiricated with Six(6)
Bends
METAL ROOFING SYSTEMS - LOW SLOPE &
STEEP SLOPE (2): ROOF CONFIGURATION
Architectural or Structural Standing Seam Roof
System; Seam Height At or Above 2": THICKNESS
OPTION: Bare Aluminum Panel Price -
0.032" Aluminum, 18" - 19" Wide Panels
Standing Seam Metal Roof System – Roof Hugger System
Tear off existing roof back down to wood deck. Make repairs/replacement to
existing deck as needed.
Loose-lay red rosin paper, mechanically attach ¼:12’ tapered polyisocyanurate
insulation + ½-inch gypsum board providing adequate slope to perimeter edges.
Install one-ply of modified base sheet – cold process adhesive.
Install one-ply of modified cap sheet – cold process adhesive.
Scope of Work: Adendum 1
Page 2 of 5
35.01$ 420 LF 14,704.20$
2.06
3.06$ 1,500 SF 4,590.00$
6.07.01
5.43$ 1,500 SF 8,145.00$
4.27
14.18$ 1,500 SF 21,270.00$
4.24
0.96$ 1,500 SF 1,440.00$
12.02.02
4.93$ 1,500 SF 7,395.00$
12.09.02
7.73$ 1,500 SF 11,595.00$
5.10
2.70$ 1,500 SF 4,050.00$
35.81$ 110 LF 3,939.10$
Insulation Recovery Board & Insulations Options:
INSULATION SLOPE OPTION
Provide a 1/4" Tapered Polyisocyanurate Insulation
System while Maintaining the Average R-Value
Including Tapered Crickets; Adhered with Insulation
Adhesive
Insulation Recovery Board & Insulations Options:
INSULATION SUBSTITUTION OPTION
Substitute 1/2" Treated Gypsum Insulation Board with
Glass-Mat (e.g. DensDeck / Securock / Equal) in Place
of the Wood Fiber or Perlite - Adhered with Insulation
Adhesive
2-PLY ROOF SYSTEMS - COMBINATIONS OF A
BASE PLY & A CAP SHEET (TOP PLY)
PLEASE NOTE: BASE PLY & CAP SHEET
COMBINATIONS MUST BE APPROVED BY THE
MANUFACTURER: ROOF CONFIGURATION
1 Ply Modified Base Sheet Adhered in Cold Process
Modified Asphalt: BASE PLY OPTION: ASTM D 6163
SBS Fiberglass Reinforced Modified Bituminous Sheet
Material Type III - 220 lbf/in tensile
2-PLY ROOF SYSTEMS - COMBINATIONS OF A
BASE PLY & A CAP SHEET (TOP PLY)
PLEASE NOTE: BASE PLY & CAP SHEET
COMBINATIONS MUST BE APPROVED BY THE
MANUFACTURER: ROOF CONFIGURATION
1 Ply Mineral Surfaced Cap Sheet Adhered in Cold
Process Modified Asphalt: ROOFING MEMBRANE
OPTION: ASTM D 6163 SBS Fiberglass Reinforced
Modified Bituminous Sheet Material Type III - Minimum
of 220 lbf/in tensile
.040 Aluminum Gutters Hand Fabiricated with Six(6)
Bends
Radio Shop - Low Slope Roof
Roof Deck and Insulation Option: WOOD ROOF
DECK - COLD PROCESS APPLICATION
INSULATION OPTION: Mechanically Fasten
Polyisocyanurate / Adhere High Density Asphalt
Coated Wood Fiber with Insulation Adhesive to
Provide an Average R-Value of 20
Coat New Roofing With Elastomeric Coating: ROOF
SYSTEM TYPE
Apply an Aluminum Coating per Specifications (3/4
Gallon per Square per Coat - 2 Coats Required) -
Smooth or Mineral Surfaced Modified
Tear-off & Dispose of Debris: SYSTEM TYPE
BUR W/ Insulation and Mineral Surfacing - Wood /
Tectum Deck
.040 Aluminum Downspouts Hand Fabricated with
Four(4) Bends
Page 3 of 5
35.01$ 80 LF 2,800.80$
2,470,462.42$
22.03
25 2,470,462.42 %617,615.61$
22.08
25 2,470,462.42 %617,615.61$
22.23
-5 2,470,462.42 %(123,523.12)$
3,582,170.51$
3,582,171$
Proposal Price Based Upon Market Experience:2,505,725$
1 TarHeel Roofing
2 Quality Roofing
3 Team Craft
4 Nationial Buiding Contractors
5 Pro Tech Roofing
6 Quality Roofing, Inc.
**Proposal Price Includes Fall Protection in Base BId**
Wood Blocking (Nailer) Replacement per Ln. Ft.
.040 Aluminum Downspouts Hand Fabricated with
Four(4) Bends
Sub Total Prior to Multipliers
Total After Multipliers
MULTIPLIER - MULTIPLE MATERIAL STAGINGS
Multiplier is applied when labor production is effected
by the time it takes to stage a roof multiple times.
Situations include, but are not limited to staging
materials to perform work on multiple roof levels,
planned shutdowns and restarts, portion of the job is
over sensitive work areas requiring staging from more
than one point, etc.
2,505,725$
2,590,084$
3,350,190$
No Availability
Base Bid Total Maximum Price of Line Items under the MICPA:
Potential issues that could arise during the construction phase of the project will be addressed via unit pricing
for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to
the replacement of deteriorated wood nailers.
7.64$
Garland/DBS Price Based Upon Local Market Competition:
Tarheel Roofing - Unforeseen Site Conditions:
No Availability
No Availability
MULTIPLIER - ROOF HEIGHT IS GREATER THAN
20 FT, BUT LESS THAN OR EQUAL TO 50 FT
STORIES
Multiplier is applied when labor production is effected
by the roof height. This multiplier applies to roof
heights that exceed an estimated 2 stories, but are
less than or equal to an estimated 5 stories. Additional
roof height can require increased safety requirements,
larger lift equipment, tie-offs, etc.
MULTIPLIER - ROOF SIZE IS GREATER THAN
50,000 SF, BUT LESS THAN 100,000 SF
Multiplier is applied when Roof Size is greater than
50,000 SF, but less than 100,000 SF. Situation
creates the fixed costs: equipment, mobilization,
demobilization, disposal, & set-up labor to be allocated
across a large roof area resulting in fixed costs being a
small impact on the overall job costs
Page 4 of 5
Clarifications/Exclusions:
1.
2.
3.
4.
Respectfully Submitted,
John Petersen
Garland/DBS, Inc.
216-302-3777
If you have any questions regarding this proposal, please do not hesitate to call me at my number listed
below.
John Petersen
Please Note – The construction industry is experiencing unprecedented global pricing and
availability pressures for many key building components. Specifically, the roofing industry is
currently experiencing long lead times and significant price increases with roofing insulation and
roofing fasteners. Therefore, this proposal can only be held for 30 days. DBS greatly values your
business, and we are working diligently with our long-term suppliers to minimize price increases
and project delays which could effect your project. Thank you for your understanding and
cooperation.
Any work not exclusively described in the above proposal scope of work is excluded.
Plumbing, Mechanical, Electrical work is excluded.
Masonry work is excluded.
Interior Temporary protection is excluded.
Page 5 of 5
From:
Craig D. O’Hara
Territory Manager
The Garland Company
Subject:
City of Clearwater – General Services Metal Roof Project
Work Summary
Existing Conditions:
The current general services/fleet maintenance warehouse is a pre-engineered metal
building. It was determined the existing structure and roof were built in 1981 (according
to information gathered by Pinellas County Property Appraiser website). Making the
building and roof 40 + years old. During the inspection of this system, it was clear that
the staff has made multiple efforts to slow many leaks throughout the assembly with
numerous active issues ongoing, including excessive rusting posing structural and
failure concerns.
The existing roof is a commodity grade exposed fastener metal panel with a slope of
1:12 gable roof. The structural framing consists of 14 GA 80-inch-deep ax 2 ½-inch wide
Zee-purlins spaced approximately 5’-0” on center and 24’-8” long. The Zee-purlins are
lapped for 36” at the bearing points. These zee-purlins are supported by tapered steel
bents approximately 300’-0” long spanning the width of the building and spaced at 24’8”.
Proposed Work to be Completed:
It was determined the best course of action is to leave the existing metal roof intact,
allowing the employees and day to day operations to remain active. All required
structural upgrades can be completed by accessing interior structural components.
The new roof assembly will be installed along with the required structural upgrades
described in the signed/sealed engineering documents. Additional shop drawings for the
new roof assembly are currently in-progress and will be delivered closer the start of the
project.
Standing Seam Metal Roof:
Installation of new sub-framing members (Roof Hugger) over top of existing
metal roof system following manufacturer’s guidelines secured to the structural
members with fasteners
Installation of 0.040 aluminum 16-inch-wide R-Mer Span Metal Roof System as
specified by shop drawings along with all accessories.
Installation of new aluminum gutters and downspouts
New panels will be roll-formed onsite and be continuous to achieve zero panel
laps
New system comes with a 30-year NDL warranty
Structural upgrades as highlighted in signed/sealed drawings
Flat Roof Replacement (Radio Roof):
Removal of existing roof system back down to deck
Mechanically attach ¼:12’ tapered polyisocyanurate insulation + cover board.
Installation of one-ply of modified base sheet in cold process asphalt adhesive
Installation of one-ply of modified cap sheet in cold process asphalt adhesive
New perimeter edge metal (0.040 aluminum) including gutters/downspouts and
all accessories.
The work will be performed by utilizing the Omnia Partners Cooperative contract and by
Garland/DBS, Inc who has been a trusted vendor with the City of Clearwater since 2016
and has been awarded annual contracts to perform roofing/waterproofing related
services.
Garland/DBS, Inc. is a leading manufacturer and distributor of high-performance
solutions for the commercial building envelope. Founded in 1895, the Garland
organization is 100 percent employee owned, ensuring that every Garland employee is
vested in the long-term performance outcomes of your building envelope projects.
By utilizing local labor, Garland/DBS was able to partner with a local roofing contractor
(TarHeel Roofing – St. Petersburg, FL) to provide a turn-key delivery proposal.
Garland/DBS along with TarHeel have completed over 10+ projects with a value of $3
million dollars since 2017.
Public Works & Development Services
14200 Washington Avenue Sturtevant, WI 53177 262-886-8440 fax: 262-886-8480
Finance Department
Racine County Courthouse Duane McKinney
730 Wisconsin Avenue Purchasing Coordinator
Racine, WI 53403-1238
Phone (262) 636-3700
Fax (262) 636-3763
August 7, 2019
Dear Prospective Bidder:
You are invited to submit a bid to provide Roofing Supplies and Services, Waterproofing, and
Related Products and Services, for Racine County and other municipal governments and local
public agencies. A copy of this solicitation is available for download at:
https://racinecounty.com/doing-business/purchasing-rfps-and-bids. Sealed bids are due on or
before 2:00 p.m. on Monday September 9, 2019 at the above address. Late bids will not be
accepted.
Bids must be in a sealed envelope or box and show the Bidder’s name, address, and solicitation
number on the cover. Your bid must be manually signed and dated and include all requested
information.
Any questions regarding this Invitation For Bid must be directed to:
Duane McKinney, Purchasing Coordinator
Telephone: 262-636-3700
Duane.McKinney@racinecounty.com
No other Racine County employee or representative is authorized to provide information or
interpret any portion of this solicitation. No contact from a vendor to any Racine County
employee or elected official should be made during this process unless authorized by Racine
County Finance.
General questions may be directed to the Purchasing Coordinator at 262-636-3700 between the
hours of 8:00 a.m. and 4:30 p.m., Monday through Friday.
If your firm chooses not to submit a bid for this procurement, please complete Attachment A – No Bid Form.
Page 1
RACINE COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS; TO
WAIVE ANY TECHNICALITY OR ERROR IN ANY BID OR PART THEREIN, AND TO ACCEPT
THE SAME OR COMBINATIONS, IN WHOLE OR IN PART, WHICHEVER IS DEEMED TO BE
IN THE BEST INTEREST OF RACINE COUNTY IN ITS SOLE AND EXCLUSIVE
DISCRETION.
Sincerely,
Duane McKinney
Duane McKinney
Purchasing Coordinator
Encl: Bid Package
Page 2
Public Works & Development Services
14200 Washington Avenue Sturtevant, WI 53177 262-886-8440 fax: 262-886-8480
INVITATION FOR BID
Bid # PW1925
Roofing Supplies and Services, Waterproofing, and Related Products
and Services
A.INSTRUCTIONS TO BIDDERS
1.BIDDER’S QUESTIONS
Bidders are reminded to carefully examine the bid and specifications upon receipt. If the
Bidder does not fully understand the Invitation For Bid (IFB) or is in doubt as to the
County’s ideas or intentions concerning any portion of the IFB, any/all questions shall be
submitted in writing to Duane McKinney, Purchasing Coordinator, by 4:00 p.m. on
Monday August 19, 2019, either by fax or e-mail for interpretation or correction of any
printed material.
Fax: 262-636-3763
E-mail: Duane.McKinney@racinecounty.com
No verbal explanation or instructions will be given in regard to the meaning of the
specifications during the bid period. If necessary, in Racine County’s sole discretion,
answers to questions will be provided to all specification holders in the form of an
addendum. Any addendum will include a list of each question received and Racine
County’s response as of the date of the addendum.
2.NON-MANDATORY PRE-BID MEETING
A non-mandatory pre-bid meeting will be held at 9:00 a.m. local time on Thursday,
August 15, 2019, in the 1st floor conference room of the Racine County Courthouse,
located at 730 Wisconsin Avenue, Racine, WI. While non-mandatory, it is strongly
encouraged for Bidder’s to attend the pre-bid meeting. Oral statements or discussions
during the pre-bid meeting will not be binding. Any questions should be submitted in
writing per item 1. of this Section. Changes, if any, will only be made in writing via
Addenda as described in item 3. Addenda.
3.ADDENDA
Any changes made as a result of a written request will be issued via bid addenda to all
prospective bidders and if necessary, an extension will be made to the bid opening date.
Addenda will be posted to the Racine County Website (racinecounty.com) under
Bids/Proposals. Bidders are responsible for checking this website for any future
addenda, etc. prior to the opening date. All addenda must be signed and returned with
your bid. Bidders who do not return the addenda may have their bids rejected. If you are
unable to access the internet, contact Racine County Finance Department at
262-636-3129 for a hard copy.
Page 3
If the Bidder receives a proposal packet from any source or entity other than Racine
County Finance, the Bidder is responsible for contacting Racine County Finance and
requesting the firm’s name be put on the bid list for the project. Failure to do so in no
way obligates the County to send out addendum or other information concerning this
request to the firm.
4.METHOD OF BID
Bidders shall submit bids on the Bid Form attached to this IFB and incorporated herein
as Attachment C, and shall submit all other information and materials required by this
IFB. A legally authorized representative of the Bidder shall sign the Certification of
Vendor section of this IFB. Bids written in pencil or in a format other than the attached
forms will be rejected. Erasures or corrections of mistakes on Bid Form will be initialed or
signed by Bidder. Failure to meet any requirements listed in this bid document may be
cause for disqualification of the bid.
Any information considered to be proprietary by a Bidder must be plainly marked as
such and may not include pricing. Racine County makes no warranty or representation
as to the application of the Wisconsin Public Records Law (Wis. Stat. § 19.31, et seq.)
(the “WPRL”) to any documents and information submitted in response to this IFB.
5.INCURRING COSTS
Racine County is not liable for any costs incurred in replying to this IFB.
6.TWO COPIES ARE REQUIRED
Unless otherwise specified, one (1) original and one (1) copy, and two (2) flash drives of
your bid response are required. At least one (1) response must have an original
signature in blue ink under Certification of Vendor.
7.ADDITIONAL DATA WITH BID
Bidders may include any additional information deemed advantageous to Racine
County. Consideration of additional data and information is to be held optional to Racine
County however if an award is made, it will be awarded as outlined in item 3. Award
under Section D. Award Information.
8.ADDRESSING OF BIDS
The bid shall be submitted in a sealed envelope; no faxes or electronic submissions are
permitted. Sealed envelope shall be marked with Bidder’s name and return address and
shall be addressed as follows:
TO: PURCHASING COORDINATOR
RACINE COUNTY COURTHOUSE, 4th FLOOR
730 WISCONSIN AVE
RACINE, WI 53403-1238
On the front of the envelope write: ROOFING SUPPLIES AND SERVICES,
WATERPROOFING, AND RELATED
PRODUCTS AND SERVICES
Solicitation Number: PW1925
DUE: September 9, 2019
Page 4
9.DUE DATE
Sealed bids will be accepted by Racine County Finance until 2:00 P.M. CDT,
MondaySeptember 9, 2019. All Bids will be reviewed and evaluated as described in
Section D, Award Information..
Any Bid received by the County after this date and time will be not be accepted. Bidders
are responsible for ensuring that the above office receives its Bid before the deadline.
10.AMENDMENTS TO BIDS
Subject and pursuant to Wis. Stat. § 66.0901(5), each Bidder will be allowed a period of
forty-eight (48) hours after the time and date set for receipt of bids to notify the County in
writing of a material mistake in the bid. However, no changes to the line item prices in
Bid Form, included as part of this bid, are permitted after sealed bids are accepted by
the due date and time outlined in this IFB. Failure of Bidder to notify the County in the
manner and within the time limit specified above will constitute a waiver by the Bidder of
all rights and remedies relative to a material mistake.
Formal bid amendments thereto, or requests for withdrawal of bid received by Racine
County after time specified for opening will not be considered.
11.LATE BIDS
Late bids will not be accepted and will be returned unopened.
12.WITHDRAWAL OF BIDS
Bids may be withdrawn by written or electronic request received from Bidder prior to time
and date fixed for bid opening if the Bid contains a mistake, omission, or error. Subject
to Wis. Stat. § 66.0901(5), negligence on the part of the Bidder in preparing the bid
confers no right for withdrawal of the bid after it has been opened. Bids that are
withdrawn prior to the time and date set for bid opening will be returned unopened, and
the Bidder may not re-bid upon this IFB unless no contract is awarded under this IFB
and this IFB is re-advertised.
13.BIDS BINDING – 60 DAYS
Unless otherwise specified, all formal bids submitted shall be binding for
sixty (60) calendar days following bid-opening date.
B.TERMS AND CONDITIONS
1.GENERAL TERMS AND CONDITIONS
The successful Bidder (the “Contractor”) agrees to all of Racine County’s General
Terms and Conditions located at
https://racinecounty.com/home/showdocument?id=11726 and incorporated by
reference herein.
2.INSURANCE
i.Requirement:
Contractor shall procure and maintain in full force and effect for the duration of this
Agreement, insurance protecting against claims for injuries to persons or damages
to property which may arise from or in connection with performance of the work
Page 5
hereunder by the Contractor, his agents, representatives, employees, or
subcontractors.
ii.Minimum Limits of Insurance:
Contractor shall maintain insurance policies with coverage and limits no less than:
1.Commercial General Liability: $1,000,000 combined single limit per occurrence
for comprehensive coverage including bodily and personal injury, sickness,
disease or death, injury to or destruction of property, including loss of use
resulting therefrom, damage for premises/operations, products/completed
operations, independent contractors and contractual liability (specifically covering
the indemnity), broad-from property damage, and underground, explosion and
collapse hazard. This coverage may be achieved by using an excess or umbrella
policy. The policy or policies must be on “an occurrence” basis (“claims made”
coverage is not acceptable).
2.Commercial Automobile Liability (owned, non-owned and hired): $1,000,000
combined single limit per occurrence and for bodily and personal injury, sickness,
disease or death, injury to or destruction of property, including loss of use
resulting therefrom.
3.Workers' Compensation and Employers Liability: Workers’ Compensation limits
as required by the State of Wisconsin and Employers Liability of $1,000,000 per
occurrence or disease.
4.Professional Liability (Errors and Omissions) Coverage: $1,000,000 combined
single limit per occurrence is required, in the event a contractor is performing
design, engineering or other professional services.
5.Commercial Umbrella or Excess Liability Coverage: $2,000,000 in liability excess
coverage per occurrence above the contracts stated minimum coverage limits for
Commercial General Liability, Commercial Automobile Liability, and the Workers'
Compensation and Employers Liability policies of insurance. This may be
satisfied by having the underlying liability limits that equal or exceed the
combined amount of the underlying liability limits and umbrella coverage.
6.Builder's "All Risk" Insurance: In the event Contractor is performing construction
services under the Contract, Contractor shall procure and maintain “All-Risk”
Builder’s insurance, written on a commercially recognized policy form, providing
coverage for the Work performed under the contract, and the materials,
equipment or other items incorporated therein, while the same are located at the
construction site, stored off-site, or at the place of manufacture. The policy limit
shall be in a minimum amount equal to the "full insurable value" of such
equipment and 100% of the value of the Contract, including any additional costs
which are normally insured under such policy. The insurance coverage shall
include boiler and machinery insurance on a comprehensive basis and include
coverage against damage or loss caused by earth movement (including but not
limited to earthquake, landslide, subsidence and volcanic eruption), fire, flood,
hurricanes, explosion, hail, lighting, weather, vandalism, malicious mischief,
Page 6
wind, collapse, riot, aircraft, smoke, or other cataclysmic events, and coverage
against damage or loss caused by machinery accidents and operational and
performance testing, commissioning and start-up, with extended coverage, and
providing coverage for transit, with sub-limits sufficient to insure the full
replacement value of the property or equipment removed from its site and while
located away from its site until the date of final acceptance of the Work.
The making of progress payments to the Contractor shall not be construed as
relieving the Contractor or its subcontractors or insurance carriers providing the
coverage described herein for responsibility for loss or direct physical loss,
damage or destruction occurring prior to final acceptance of the Work.
iii.Deductibles and Self-Insured Retention
Any deductibles or self-insurance retentions must be declared to and approved
by Racine County so that the County may ensure the financial solvency of the
Contractor. At the option of the County, either the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the County, its
officers, officials, and employees; or the Contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration
and defense expenses. Contractor shall pay all deductibles and be liable for all
claims, losses and damages for which it self-insures.
iv.Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1.General Liability, Automobile Liability, and Umbrella/Excess Insurance
a.Additional Insured Requirement. Racine County, its elected and appointed
officials, officers, boards, commissions, officers, employees, representatives,
servants, volunteers and agents (hereinafter referred to as “Insured Party” or
“Insured Parties”) are to be covered as additional insureds as respects:
liability arising out of activities performed by or on behalf of the Contractor;
products and completed operations of the Contractor, premises owned,
leased, or used by the Contractor; and automobiles owned, leased, hired, or
borrowed by the Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the Insured Parties.
Nothing contained in this section shall be construed to require the Contractor
to provide liability insurance coverage to the any Insured Party for claims
asserted against such Insured Party for its sole negligence.
b.Primary Insurance Requirement. The Contractor's insurance coverage shall
be primary and noncontributing insurance as respects to any other insurance
or self-insurance available to the Insured Parties. Any insurance or self-
insurance maintained by the Insured Parties shall be in excess of the
Contractor's insurance and shall not contribute with it.
c.Reporting Requirement. Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to the Insured Parties.
Page 7
d.Separate Coverage. Coverage shall state that the Contractor's insurance
shall apply separately to each Insured Party against whom claim is made or
suit is brought.
e.Defense Costs/Cross Liability. Coverage shall be provided on a “pay on
behalf” basis, with defense costs payable in addition to policy limits. There
shall be no cross liability exclusion.
v.Workers' Compensation and Employers Liability Coverage
The Contractor shall have and maintain in full force and effect for the duration of
this Agreement, insurance protecting against claims for injuries to persons or
damages to property which may arise from or in connection with the performance
of the Work by the Contractor, its agents, representatives, employees or
subcontractors. The insurer shall agree to waive all rights of subrogation against
Racine County, and its officers, officials, employees and volunteers for losses
arising from the work performed by the Contractor for Racine County.
vi.Waiver of Subrogation
The insurers shall agree under each policy of insurance required by this Contract
to waive all rights of subrogation against the Insured Parties for losses arising
from work performed by the Contractor for Racine County.
vii.All Coverages
1.Notice Requirement.
Each insurance policy required by this Contract shall be endorsed to state
that coverage shall not be suspended, voided, canceled, reduced in coverage
or in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to Racine County Courthouse,
Purchasing Department, 730 Wisconsin Avenue, Racine, WI 53403. The
County reserves the right to accept alternate notice terms and provisions
provided they meet the minimum requirements under Wisconsin law.
2. Acceptability.
The insurance to be maintained by Contractor must be issued by a company
licensed or approved to transact business in the State of Wisconsin. Such
insurance shall be placed with insurers with a Best's Policyholder’s Rating of
“A” or better and with a financial rating of Class VII or greater, or be otherwise
acceptable to Racine County. All policies shall be subject to approval by the
Racine County Corporation Counsel as to form and content.
3.Failure of Insurers.
The Contractor shall be responsible for any delay resulting from the failure of
any insurer to furnish proof of coverage in the prescribed form.
Page 8
viii.Verification of Coverage
Contractor shall furnish Racine County with certificates of insurance and
endorsements to the policies evidencing all coverages required by this Contract.
Additionally, the declarations page for each insurance policy listed on the
certificate of insurance shall be submitted to the County. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The certificates and endorsements
shall be received and approved by the County before any work commences.
Racine County reserves the right to require complete, certified copies of all
required insurance policies at any time. The contractor shall provide proof that
any expiring coverage has been renewed or replaced prior to the expiration of
the coverage
ix.Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All
coverage for subcontractors shall be subject to all of the requirements stated in
this Agreement, including, but not limited to, naming the Insured Parties as
additional insureds.
3.Bidder SUPPLIED DOCUMENTATION AND MATERIALS; CONFIDENTIALITY
All Bidder-supplied materials, including the Bidder’s Bid, become the property of Racine
County.
Bidder acknowledges that Racine County is an “authority” for the purposes of the WPRL.
Any information obtained by Racine County is considered public records and will be
subject to disclosure under the WPRL, except for information falling within one of the
exemptions therefrom. Racine County is required to and shall comply with the WPRL in
relation to any records, documents and information related to its dealings and
relationship with the Bidder. Nothing in the Master Agreement shall be deemed or
construed as a limitation on Racine County’s discretion relating to compliance with the
WPRL or other applicable law.
Notwithstanding the foregoing, if any of the material a Bidder provides is confidential or
is a proprietary trade secret, Bidder may mark that material with a “Confidential” stamp.
While Racine County will attempt to keep such information confidential, as an authority,
it cannot guaranty that it will remain confidential. Racine County will endeavor to inform
Bidders of a public records request to view or obtain such information. Any Bidder may
contest such a request at its sole expense. Racine County assumes no responsibility for
any liability whatsoever in relation to its compliance with the WPRL.
Page 9
4.AFFIRMATIVE ACTION; NON-DISCRIMINATION
Racine County is committed to fulfilling its role as an Affirmative Action/Equal
Opportunity Employer. We request your vigorous support of our Affirmative Action
efforts. Our relationship with your agency is based upon your willingness to accept and
comply with Executive Order 11246, as amended, and other federal laws requiring equal
employment opportunity without regard to race, religion, color, national origin, sex,
disability or veteran status. By signing the Certification of Vendor on the Bid Page, you
indicate your acceptance and compliance.
In connection with the performance of work awarded under this IFB, the Contractor
agrees not to discriminate against any employee or applicant for employment because of
age, race, religion, color, handicap, sex, physical condition, developmental disability as
defined in Wis. Stat. § 51.01(5)(a), sexual orientation as provided in Wis. Stat. § 111.36,
national origin, or military service as provided in Wis. Stat. § 111.355(1). This provision
shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. The
Contractor further agrees to take affirmative action to ensure equal employment
opportunities. The Contractor agrees to post in conspicuous places, available for
employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of the non-discrimination clause (Wis. Stat. § 16.765
(2)).
5.NATIONAL CONTRACT
Subject to its fiduciary and statutory obligations, Racine County, as the Principal
Procurement Agency, defined in Attachment B – National Cooperative Contract to be
Administered by OMNIA Partners, intends to partner with OMNIA Partners to make the
resultant contract (also known as the “Master Agreement” in materials distributed by
OMNIA Partners) from this solicitation available to other public agencies nationally,
including state and local governmental entities, public and private primary, secondary
and higher education entities, non-profit entities, and agencies for the public benefit
(“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. Racine
County is acting as the contracting agency for any other Public Agency that elects to
utilize the resulting Master Agreement. Use of the Master Agreement by any Public
Agency is preceded by their registration with OMNIA Partners (a “Participating Public
Agency”). Attachment B – National Cooperative Contract to be Administered by OMNIA
Partners contains additional information about OMNIA Partners and the cooperative
purchasing agreement.
OMNIA Partners is the largest and most experienced purchasing organization for public
and private sector procurement. Through the economies of scale created by OMNIA
Partners public sector subsidiaries, National IPA and U.S. Communities, participants
have access to more competitively solicited and publicly awarded cooperative
agreements. The lead agency contracting process continues to be the foundation for
the OMNIA Partners programs. OMNIA Partners is proud to offer more value and
resources to state and local government, higher education, K-12 education and non-
profits.
OMNIA Partners provides shared services and supply chain optimization to
government, education and the private sector. As a channel partner with Vizient
Page 10
(formally, Novation), OMNIA Partners leverages over $100 billion in annual supply
spend to command the best prices for products and services. With corporate, pricing
and sales commitments from the Contractor, OMNIA Partners provides marketing and
administrative support for the Contractor that directly promotes the Contractor’s
products and services to Participating Public Agencies though multiple channels, each
designed to promote specific products and services to Public Agencies on a national
basis. Public Agencies benefit from pricing based on aggregate spend and the
convenience of a contract that has already been advertised and publicly competed.
The Contractor benefits from a contract that allows Participating Public Agencies to
directly purchase goods and services without the Contractor’s need to respond to
additional competitive solicitations. As such, the Contractor must be able to
accommodate a nationwide demand for services and to fulfill obligations as a
nationwide Contractor and respond to the OMNIA Partners documents (Attachment B).
While no minimum volume is guaranteed to the Contractor, the estimated annual
volume of Roofing Supplies and Services, Waterproofing and Related Products and
Services Specifications purchased under the Master Agreement through OMNIA
Partners, Public Sector is approximately $200M. This projection is based on the current
annual volumes among Racine County, other Participating Public Agencies anticipated
to utilize the resulting Master Agreement to be made available to them through OMNIA
Partners, and volume growth into other Public Agencies through a coordinated
marketing approach between the Contractor and OMNIA Partners.
The successful Contractor will be required to sign Attachment B – National Cooperative
Contract to be Administered by OMNIA Partners, Exhibit B – Administration Agreement.
Contractors should have any reviews required to sign the document prior to submitting
a response.
Notwithstanding the foregoing, Racine County makes no representation or warranty
concerning the use of the Master Agreement by any other Participating Public Agency.
C.ROOFING SUPPLIES AND SERVICES, WATERPROOFING, AND RELATED
PRODUCTS AND SERVICES SPECIFICATIONS
The requirements identified in this section represent the products and services currently
being used and are the basis for the resulting contract. The following specifications are
minimum acceptable requirements. Bid specifications may not be revised without an
official written addendum issued by the Purchasing Coordinator.
Page 11
1.DESCRIPTION OF WORK
Bidders that are qualified are expected to propose the broadest possible selection
of roofing systems and services, waterproofing products, and related products and
services that they offer commercially. The intent of this IFB is to provide
Participating Public Agencies with turn-key solutions to meet their various roofing
and waterproofing needs. Therefore, the Bidder must demonstrate that it has
sufficient experience in providing and installing roofing and waterproofing systems,
roofing and waterproofing services, and other related services as described in item
b. Qualifying Bidders under Section 3. Award Information. The Bidder must
demonstrate in the bid that it satisfactorily possesses the necessary qualifications
to Racine County and Participating Public Agencies as further described in Section
C.Roofing Supplies and Services, Waterproofing, and Related Products and
Services Specifications. The Master Agreement shall be available to Participating
Public Agencies who wish to purchase roofing and waterproofing products
separately, roofing and waterproofing installation services separately, or any
combination of products and services together.
2.TERM
Contract Period: Contracts awarded as a result of bids submitted under this Sealed
Bid shall extend from the date of award for a period of sixty (60) full months.
Contract is renewable, at the sole option of Racine County. However, the total
duration of the contract, including the exercise of any options, shall not exceed ten
(10)years (initial sixty (60) month period and five (5) additional twelve (12) month
extension periods). Participating Public Agencies may initiate contracts for projects
under the Master Agreement until the end of the contract term. Agreements for
projects initiated on or before the end date of the Master Agreement shall remain in
effect until the project completion date. Terms and conditions set forth in the
Master Agreement shall continue to be applicable for contracts executed on or
before the end of the contract term.
Racine County may terminate the Master Agreement without penalty due to the
non-appropriation of funds, or for cause or convenience in accordance with the
procedures set forth in the Master Agreement.
Participating Agencies commonly require a modification to a term of the Contract
(e.g. governing law). The awarded Supplier and Participating Agencies may agree
to modify terms on any specific purchase by a Participating Agency without
being in conflict with the Contract.
Page 12
3.PRICING
Prices shall remain fixed for the first twelve (12) months of the Master Agreement
term. Reasonable price changes based on market conditions and price/cost
analysis may be made after the initial twelve (12) months. The Contractor shall
supply documentation satisfactory to Racine County, such as: documented
changed to Producers Price Indexes; Consumer Price Indexes; or a manufacturer’s
published notification of price change(s). Racine County will evaluate this
information to determine if revising the pricing is considered fair and reasonable to
the satisfaction of Racine County. Requests for any such change must be received
in writing by the Racine County Purchasing Department thirty (30) days prior to the
expiration of the original contract term. Racine County may cancel the contract if
the price increase request is not approved. All price reductions at the
manufacturers’ or distributors’ level shall be reflected in a reduction of the contract
price(s) to Racine County retroactive to the effective date of the price reduction(s).
4.ALTERNATIVE COSTING METHOD
If a project requires goods and services that are not covered in the pricing
schedule or if a product or service is required that is more appropriate to be custom
designed and manufactured to meet an individual project site’s conditions and/or
provided for a unique application or project, the successful Contractor may use the
alternative costing method as follows: The successful Contractor will be required
to: Obtain three (3) written cost proposals from local providers; Use the most
advantageous cost proposal; Apply the Racine County discount as submitted on
the Pricing Schedule; and All products and services falling under this category
must be submitted in advance and approved by the Participating Public Agency
prior to being included in any quote or proposal from the successful Contractor.
5.PRICE LIST FOR ADDITIONAL PRODUCTS
The intent is to enter into a Master Agreement for a complete line of roofing
systems, waterproofing systems, products and related services. Therefore, in
addition to specific line items listed on the pricing schedules, Bidders are
encouraged to provide Manufacturer’s Price Lists for additional related products
including green products. Bidders shall attach to the Bid Form one (1) copy of one
(1) price list or retail price sheet, clearly marking the column to which the discount
is applied for each item listed. Manufacturer’s Price Lists shall be the currently
published National Standard Manufacturer’s Price Lists. The supplier’s Retail Price
Sheets shall be the current Price Sheet at the time of bid submission. Bidders shall
quote the percentage of discount from the Manufacturer’s Price List or Retail Price
Sheet cited above and shall furnish a copy of same with the bid submission.
Discounts must be stated as a single percentage. FAILURE TO PROVIDE THE
MANUFACTURER’S PRICE LIST OR RETAIL PRICE SHEET MAY BE CAUSE
FOR REJECTION OF THE BID. When award is made, the successful Contractor
shall furnish current catalogs and price lists which shall become a part of the
contract. The Bidder’s name and address shall appear on all catalogs and price
lists. Where the price list shows more than one (1) column of prices, Bidder shall
clearly mark the column which represents its bid. If a fee or charge is to be made, it
should be indicated on the Bid Form.
Page 13
6.SPECIAL OFFERS & PROMOTIONS
In addition to decreasing prices for the balance of the Contract term due to a
change in market conditions, the successful Contractor may conduct sales
promotions involving price reductions for a specified lesser period. The successful
Contractor may offer Participating Agencies competitive pricing which is lower
than the not-to-exceed price set forth herein at any time during the Contract term
and such lower pricing shall not be applied as a global price reduction under the
Contract.
D. AWARD INFORMATION
1.CONDITIONS OF AWARD
All Bidders, by submission of their respective bids, agree to abide by the rules,
regulations, procedures, and decisions of Racine County.
2.QUALIFYING BIDDERS
Failure of Bidder to provide the required information, may result in a determination
that Bidder is a non-responsive bidder. If Bidder does not adequately demonstrate the
necessary qualifications, as outlined throughout Section C. Roofing Supplies and
Services, Waterproofing, and Related Products and Services Specifications, Bidder
may be deemed not qualified and/or responsible. Racine County reserves the right to
make such additional investigations as it deems necessary to verify a Bidder
submitting a bid is qualified and responsible to include investigating Bidder’s past
work with Racine County and Racine County employees. In addition to the pricing and
certification information indicated under item C. Award of this Section, Bidders will
submit the following items with their bid: .
i.Include a detailed response to Exhibit A – Contract Requirements, located in
Attachment B – National Cooperative Contract to be Administered by OMNIA
Partners, to show proof of organizational capacity, equipment, and technical
competency.
ii.Evidence of a roofing or general contractor’s license from the State of Wisconsin to
perform the work as described in this IFB.
iii.List of the state’s contractor licenses held, either directly by the Bidder and any
sub-contractors. The successful Contractor must use subcontractor’s license
provided with the bid response for work with Participating Public Agencies.
iv.Proof of insurance in the form of a letter from the insurance provider stating the
provider’s commitment to insure the Bidder for the types of coverage’s or an
Insurance Certificate to be in conformance with the types of coverage’s noted in
the IFB.
v.A completed and signed W-9 Request for Taxpayer Identification Number and
Certification form.
Page 14
vi.Proof of performance of similar experience demonstrated by providing a work
history that describes their experience in providing labor, supervision, materials,
equipment, tools, transport, supplies and installation services for roofing,
waterproofing, and related products. Bidders must have the following experience
and provide evidence of such with their bid: a minimum of five (5) years’
experience in North America; have successfully delivered, installed and completed
two (2) turn-key roofing or waterproofing projects for public agencies in twenty-five
(25)states within the previous twenty (20) months where each of the final contract
amounts exceeded One Hundred-Thousand dollars ($100,000). Bidders shall
provide this information in Attachment D, Experience Record, Bidder’s shall verify
contact information listed with projects in Attachment D is up to date and correct
prior to submitting a bid. Racine County reserves the right to check references
other than those submitted.
vii.Proof of satisfactorily completing past projects and further demonstration of ability
to perform the work properly and expeditiously through the submission of detailed
descriptions of the following:
1. Bidder’s Business Operations Plan to at a minimum include:
a.A detailed description of the products and services offered, how the
business functions on a continuing basis (short- and long-term projects),
quality of relevant services, steps taken to adhere to project budgets, any
problems encountered and how they were handled (if any). Include an
explanation of any roof failures and how they were resolved.
b.History of customer relationships with previous public sector customers (not
including the Federal Government).
c.Ability to meet set schedules with minimal disruption in service.
d.Safety history record for the past five (5) years.
e. Populate the following table, then aggregate the totals for the two (2) cost
columns to determine the aggregate change order percentage of bonded
public projects performed by the Bidder over the last three (3) years:
Project Bond
Number
Initial Contract
Amount
Brief Description
of Change
Order(s) Where
Applicable
Total Cost of
Change Order(s)
per Bonded
Project
2.Bidder’s project management ability to at a minimum include:
a.The plan to manage the Master Agreement. Explain the ability to staff and
operate the Roofing Supplies and Services, Waterproofing, and Related
Products and Services.
Page 15
b.Project management procedures and staffing. Also provide a detailed
organizational chart stating job titles, responsibilities and number of years of
experience for each person. Identify all key personnel, including but not
limited to: principals, supervisory staff, and project superintendent to be
assigned to the Master Agreement. Key personnel identified must also have
an alternate, one of which shall be on-call at all times, throughout an
awarded contract period.
c.Procedures by which key personnel assigned to a potential contract can be
reached by the Lead Public Agency prior to and after the Master Agreement
has been awarded.
d.Resumes of key personnel identified.
i.Racine County shall be notified in writing, of any change to the list of key
personnel identified. This notification must include a current resume of the
key personnel’s selected replacement. The replacement must meet all
experience and other requirements set forth within this document.
e.Current customer service/public relations program, down to the frontline
crews and including sub-contractors (if applicable). Include examples of all
training provided to your employees.
f.Quality Control Procedures to include process for ensuring quality. State
how a plan will be developed for the work performed for Participating Public
Agencies. Describe any quality problems your firm has documented in the
past five (5) years.
g.A thorough discounted-cash-flow analysis of the long-term comparative
value between your proposed re-roofing/replacement and alternative
options, taking into consideration site-specific project conditions including
labor rates, building height, project complexities, etc.
h.A description for Bidder’s ability to provide integrated project delivery and
incorporate various services; installation labor and related equipment and
tools; materials; and supervision/construction management, including quality
control and close-out procedures. If more than one entity will be responsible
for fulfillment, describe all checks and balances designed into your delivery
process to ensure the interests of all owners and third parties are aligned
with those of the Participating Public Agencies, specifically, with their desire
to achieve best services at the lowest available cost.
i.A description for Bidder’s ability to warranty a completed project and to
provide ongoing inspections, condition assessments and maintenance
services to help ensure its warranted service life. If more than one (1) entity
will be responsible for fulfillment, describe all checks and balances designed
into your delivery process to ensure the interests of all owners and third
parties are aligned with those of the Participating Public Agencies,
specifically, with their desire to achieve best services at the lowest available
cost.
viii Evidence of financial ability by demonstrating a recent history of financial solvency
and provide the following:
1.Financial Statement: Attach a financial statement, independently certified, to at
a minimum include:
Page 16
a.Latest balance sheet and income statement (stating the accounting method
used) and showing Current Assets (e.g., cash, joint venture accounts,
accounts receivable, notes receivable, accrued income, deposits, materials
inventory and prepaid expenses); Net Fixed Assets; Other Assets; Current
Liabilities (e.g., accounts payable, notes payable, accrued expenses,
provision for income taxes, advances, accrued salaries and accrued payroll
taxes); Other Liabilities (e.g., capital, capital stock, authorized and
outstanding shares par values, earned surplus and retained earnings);
b.Name and address of firm preparing attached financial statement, and date
thereof.
c. Whether the Bidder has ever had a bankruptcy petition filed in its name,
voluntarily or involuntarily. If yes, specify the date, circumstances, and
resolution.
d.Whether the Bidder is currently in default on any loan agreement or
financing agreement with any bank, financial institution, or other entity. If
yes, specify all relevant details.
e. Current credit rating information including latest Dun and Bradstreet report.
2.Bonding Capacity: Indicate Bidder’s maximum bonding capability. Bidders must
be capable of securing a Performance Bond up to $25,000,000 per project and
aggregate program limit of $100,000,000.00. Bidders are required to provide a
signed and notarized statement from a surety company authorized to transact
business in all fifty (50) states.
3.AWARD
Utilizing the two-step process set forth herein, it is the intent of the County to award the
Contract to the lowest responsive responsible Bidder provided the bid has been
submitted in accordance with the requirements of the Contract Documents and does not
exceed the funds available. Racine County reserves the right to make an award as
deemed in its best interest, which may include awarding a bid to a single bidder or
multiple bidders; or to award the whole bid, only part of the bid, or none of the bid to
single or multiple bidders, based on its sole discretion of its best interest, together with
compliance with applicable law. Intent to award will not be made and a contract will not
be executed until Racine County, at its sole discretion, accepts a bid.
RACINE COUNTY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO
WAIVE ANY TECHNICALITY OR ERROR IN ANY BID OR PART THEREIN, AND TO
ACCEPT THE SAME OR COMBINATIONS, IN WHOLE OR IN PART, WHICHEVER IS
DEEMED TO BE IN THE BEST INTEREST OF RACINE COUNTY IN ITS SOLE AND
EXCLUSIVE DISCRETION. While not all inclusive, the following items may be used
when determining if a Bidder is considered responsive and responsible: work schedule,
technical competency, ability to render satisfactory service, past performance, reputation
for providing a quality product, timely delivery of products and/or services, financial
ability, bonding, experience in performance of similar work, references, equipment, and
capacity.
Page 17
For the first step of the bidding process, Bidders will submit their sealed bid with all
requested information, to include Certification of Vendor, and Attachment C – Bid Form,
by the due date and time outlined in this IFB. After the due date and time, all Bidder’s will
be evaluated to determine if they are responsive, responsible, and qualified. Each
Bidder determined to be responsive, responsible, and qualified shall be deemed to be a
“Responsible Bidder”.
For the second step of the bidding process, Racine County will distribute to each
Responsible Bidder a Responsible Bidder’s Sample Project Form to determine which
Responsible Bidder(s) constitute the lowest responsible bidder(s) when the bid
responses are applied to an actual (hypothetical) project. When responding to the
Sample Project Form, Responsible Bidder’s are required to USE THE SAME LINE ITEM
PRICING from Attachment C – Bid Form and apply them to the Sample Projects Form
to be supplied upon identification of a Responsible Bidder(s) in the first step; a reduction
in price for the sample projects outlined in a Responsible Bidder’s Sample Project Form
will not be allowable. The final basis for award and lowest responsible Bidder will result
from the lowest total dollar amount of the combined sample projects.
4.TIE BIDS
If two (2) or more Bidders submit identical bids, the decision of the County to make
award to one or more of such Bidders shall be final.
5.NOTICE OF ACCEPTANCE
Written notice of award to Bidder in the form of a letter and/or purchase order will be
mailed to the address shown on the bid and will be considered sufficient notice of
acceptance of bid.
Page 18
CERTIFICATION OF VENDOR
Bid # PW1925
ROOFING SUPPLIES AND SERVICES, WATERPROOFING, AND RELATED
PRODUCTS AND SERVICES
I fully understand the requirements of this bid and certify on behalf of my company that we can
meet the requirements stated throughout this Invitation For Bid.
COMPANY: ________________________________________________________
TYPE/PRINT NAME: _________________________________________________
SIGNATURE:
TITLE:
ADDRESS:
CITY/STATE/ZIP:
TELEPHONE: FAX:
E-MAIL: DATE:
Bidder herein acknowledges receipt of the following:
Addendum Nos. __________________________
Page 19
Attachment A – No Bid Form
Contractors who do no wish to bid do not need to return the entire bid package. Simply
return this form to Racine County through Duane McKinney, Purchasing Coordinator at:
Duane.McKinney@racinecounty.com
STATEMENT OF NO BID
SEALED BID NUMBER PW1925
Roofing Supplies and Services, Waterproofing, and Related Products
and Services
I do not wish to submit a bid on this solicitation.
_______________________________ _______________________________
Contractor Representative
Please indicate the reason(s) for your decision not to bid:
Page 20 - Attachment A
ATTACHMENT B
REQUIREMENTS FOR NATIONAL COOPERATIVE CONTRACT
TO BE ADMINISTERED BY
OMNIA PARTNERS
The following documents are used in evaluating and administering national cooperative contracts and are included for Supplier’s review and response.
OMNIA Partners Exhibit A – RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
OMNIA Partners Exhibit B – ADMINISTRATION AGREEMENT, EXAMPLE
OMNIA Partners Exhibit C – PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE
OMNIA Partners Exhibit D – FEDERAL FUNDS CERTIFICATIONS
OMNIA Partners Exhibit E – NEW JERSEY BUSINESS COMPLIANCE
OMNIA Partners Exhibit F – ADVERTISING COMPLIANCE REQUIREMENT
Page 21 - Attachment B
EXHIBIT A
RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
1.0 Scope of National Cooperative Contract
Capitalized terms not otherwise defined herein shall have the meanings given to them in the
Master Agreement or in the Administration Agreement between Supplier and OMNIA Partners.
1.1 Requirement
Racine County (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and the National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), is requesting bids for Roofing Supplies and Services, Waterproofing, and
Related Products and Services. The intent of this Invitation For Bid is any contract
between Principal Procurement Agency and Supplier resulting from this Invitation For Bid (“Master Agreement”) be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit
(“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. The
Principal Procurement Agency has executed a Principal Procurement Agency Certificate with OMNIA Partners, an example of which is included as Exhibit C, and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners as a
Participating Public Agency in OMNIA Partners’ cooperative purchasing program.
Registration with OMNIA Partners as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit A of the Response for National Cooperative Contract Exhibit. The terms and pricing established in the resulting
Master Agreement between the Supplier and the Principal Procurement Agency will
be the same as that available to Participating Public Agencies through OMNIA Partners.
All transactions, purchase orders, invoices, payments etc., will occur directly between
the Supplier and each Participating Public Agency individually, and neither OMNIA
Partners, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. Supplier is responsible for knowing the tax laws in each
state.
This Exhibit A, Response for National Cooperative Contract, defines the expectations for qualifying Suppliers based on OMNIA Partners’ requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this
Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of
competing Suppliers on a national level in order to serve Participating Public Agencies through OMNIA Partners.
Page 22 - Attachment B
These requirements are incorporated into and are considered an integral part of this IFB. OMNIA Partners reserves the right to determine whether or not to make the Master Agreement awarded by the Principal Procurement Agency available to
Participating Public Agencies, in its sole and absolute discretion, and any party submitting a response to this IFB acknowledges that any award by the Principal Procurement Agency does not obligate OMNIA Partners to make the Master Agreement available to Participating Procurement Agencies.
1.2 Marketing, Sales and Administrative Support
During the term of the Master Agreement OMNIA Partners intends to provide marketing, sales and administrative support for Supplier pursuant to this section that directly promotes the Supplier’s products and services to Participating Public
Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis.
The OMNIA Partners marketing team will work in conjunction with Supplier to
promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through channels that may include:
A.Marketing collateral (print, electronic, email, presentations)
B.Website
C.Trade shows/conferences/meetings
D.Advertising
E. Social Media
The OMNIA Partners sales teams will work in conjunction with Supplier to promote
the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through initiatives that may include:
A.Individual sales calls
B.Joint sales calls
C. Communications/customer service
D.Training sessions for Public Agency teams
E.Training sessions for Supplier teams
The OMNIA Partners contracting teams will work in conjunction with Supplier to
promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through:
A.Serving as the subject matter expert for questions regarding joint powers authority
and state statutes and regulations for cooperative purchasing
B.Training sessions for Public Agency teams
C.Training sessions for Supplier teams
D.Regular business reviews to monitor program success
Page 23 - Attachment B
E.General contract administration
Suppliers are required to pay an administrative fee under this Invitation For Bid; see
Article 5, Section 5.1 of Exhibit B for more details. Supplier will be required to execute the OMNIA Partners Administration Agreement (Exhibit B).
1.3 Estimated Volume
The dollar volume purchased under the Master Agreement is estimated to be approximately $200M annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made
available to them through OMNIA Partners, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and OMNIA Partners.
1.4 Award Basis
The basis of any contract award resulting from this IFB made by Principal Procurement Agency will, at OMNIA Partners option, be the basis of award on a national level through OMNIA Partners. If multiple Suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same Suppliers will
be required to extend the Master Agreement to Participating Public Agencies through OMNIA Partners. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal
Procurement Agency are subject to modification for each Participating Public Agency
as Supplier, such Participating Public Agency and OMNIA Partners shall agree. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (i.e. invoice requirements, order requirements, specialized
delivery, diversity requirements such as minority and woman owned businesses,
historically underutilized business, governing law, etc.). It shall be the responsibility of the Supplier to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the Participating Agency. It shall further be the responsibility of the Supplier to monitor the prevailing wage rates as established by
the appropriate department of labor for any increase in rates during the term of this
contract and adjust wage rates accordingly. Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to OMNIA Partners).
All purchase orders issued and accepted by the Supplier may survive expiration or
termination of the Master Agreement. Participating Agencies’ purchase orders may exceed the term of the Contract if the purchase order is issued prior to the expiration of the Contract. Supplier is responsible for reporting all sales and paying the applicable administrative fee for sales that use the Master Agreement as the basis for
the purchase order, even though Master Agreement may have expired.
Page 24 - Attachment B
1.5 Objectives of Cooperative Program
This IFB is intended to achieve the following objectives regarding availability through
OMNIA Partners’ cooperative program:
A.Provide a comprehensive competitively solicited and awarded national agreementoffering the Products covered by this solicitation to Participating Public Agencies;
B.Establish the Master Agreement as the Supplier’s primary go to market strategy to
Public Agencies nationwide;
C.Achieve cost savings for Supplier and Public Agencies through a single solicitationprocess that will reduce the Supplier’s need to respond to multiple solicitations andPublic Agencies need to conduct their own solicitation process;
D.Combine the aggregate purchasing volumes of Participating Public Agencies to
achieve cost effective pricing.
2.0 REPRESENTATIONS AND COVENANTS
As a condition to Supplier entering into the Master Agreement, which would be available to
all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and OMNIA Partners designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier.
2.1 Corporate Commitment
Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier’s executive management, (2) the Master Agreement is Supplier's primary “go to market” strategy for Public Agencies, (3) the
Master Agreement will be promoted to all Public Agencies, including any existing
customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with OMNIA Partners and will execute such agreement concurrent with and as a condition of its execution of the Master
Agreement with the Principal Procurement Agency. Supplier will identify an
executive corporate sponsor and a separate national account manager within the IFB response that will be responsible for the overall management of the Master Agreement.
2.2 Pricing Commitment
Supplier commits the not-to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, the Supplier will match such
lower pricing to that Participating Public Agency under the Master Agreement.
2.3 Sales Commitment
Supplier commits to aggressively market the Master Agreement as its go to market
strategy in this defined sector and that its sales force will be trained, engaged and
committed to offering the Master Agreement to Public Agencies through OMNIA Partners nationwide. Supplier commits that all Master Agreement sales will be
Page 25 - Attachment B
accurately and timely reported to OMNIA Partners in accordance with the OMNIA Partners Administration Agreement. Supplier also commits its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master
Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement.
3.0 SUPPLIER RESPONSE
Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners.
3.1 Company
A.Brief history and description of Supplier.
B.Total number and location of sales persons employed by Supplier.
C.Number and location of support centers (if applicable) and location of corporateoffice.
D.Annual sales for the three previous fiscal years.
E.Submit FEIN and Dunn & Bradstreet report.
F.Describe any green or environmental initiatives or policies.
G.Describe any diversity programs or partners supplier does business with and howParticipating Agencies may use diverse partners through the Master Agreement.
Indicate how, if at all, pricing changes when using the diversity program.
H.Describe any historically underutilized business certifications supplier holds andthe certifying agency. This may include business enterprises such as minority andwomen owned, small or disadvantaged, disable veterans, etc.
I.Describe how supplier differentiates itself from its competitors.
J.Describe any present or past litigation, bankruptcy or reorganization involvingsupplier.
K.Felony Conviction Notice: Indicate if the supplier
a.is a publicly held corporation and this reporting requirement is not
applicable;
b.is not owned or operated by anyone who has been convicted of a felony; or
c. is owned or operated by and individual(s) who has been convicted of afelony and provide the names and convictions.
L.Describe any debarment or suspension actions taken against supplier
3.2 Distribution, Logistics
A.Describe the full line of products and services offered by supplier.
B.Describe how supplier proposes to distribute the products/service nationwide.
Include any states where products and services will not be offered under the Master
Agreement, including U.S. Territories and Outlying Areas.
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C.Identify all other companies that will be involved in processing, handling orshipping the products/service to the end user.
D.Provide the number, size and location of Supplier’s distribution facilities,
warehouses and retail network as applicable.
3.3 Marketing and Sales
A.Provide a detailed ninety-day plan beginning from award date of the Master
Agreement describing the strategy to immediately implement the MasterAgreement as supplier’s primary go to market strategy for Public Agencies tosupplier’s teams nationwide, to include, but not limited to:
i.Executive leadership endorsement and sponsorship of the award as the
public sector go-to-market strategy within first 10 days
ii.Training and education of Supplier’s national sales force with participationfrom the Supplier’s executive leadership, along with the OMNIA Partnersteam within first 90 days
B.Provide a detailed ninety-day plan beginning from award date of the MasterAgreement describing the strategy to market the Master Agreement to currentParticipating Public Agencies, existing Public Agency customers of Supplier, aswell as to prospective Public Agencies nationwide immediately upon award, toinclude, but not limited to:
i.Creation and distribution of a co-branded press release to trade publications
ii.Announcement, contract details and contact information published on theSupplier’s website within first 90 days
iii.Design, publication and distribution of co-branded marketing materials
within first 90 days
iv.Commitment to attendance and participation with OMNIA Partners atnational (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e.Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.)
and supplier-specific trade shows, conferences and meetings throughout
the term of the Master Agreement
v.Commitment to attend, exhibit and participate at the NIGP Annual Forumin an area reserved by OMNIA Partners for partner suppliers. Booth spacewill be purchased and staffed by Supplier. In addition, Supplier commits
to provide reasonable assistance to the overall promotion and marketing
efforts for the NIGP Annual Forum, as directed by OMNIA Partners.
vi.Design and publication of national and regional advertising in tradepublications throughout the term of the Master Agreement
vii.Ongoing marketing and promotion of the Master Agreement throughout its
term (case studies, collateral pieces, presentations, promotions, etc.)
viii.Dedicated OMNIA Partners internet web-based homepage on Supplier’swebsite with:
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•OMNIA Partners standard logo;
•Copy of original Invitation For Bid;
•Copy of contract and amendments between Principal ProcurementAgency and Supplier;
•Summary of Products and pricing;
•Marketing Materials
•Electronic link to OMNIA Partners’ website including the onlineregistration page;
•A dedicated toll-free number and email address for OMNIAPartners
C.Describe how Supplier will transition any existing Public Agency customers’accounts to the Master Agreement available nationally through OMNIA Partners.
Include a list of current cooperative contracts (regional and national) Supplierholds and describe how the Master Agreement will be positioned among the othercooperative agreements.
D.Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners and agrees
to provide permission for reproduction of such logo in marketing communicationsand promotions. Acknowledge that use of OMNIA Partners logo will requirepermission for reproduction, as well.
E.Confirm Supplier will be proactive in direct sales of Supplier’s goods and services
to Public Agencies nationwide and the timely follow up to leads established byOMNIA Partners. All sales materials are to use the OMNIA Partners logo. At aminimum, the Supplier’s sales initiatives should communicate:
i.Master Agreement was competitively solicited and publicly awarded by a
Principal Procurement Agency
ii.Best government pricing
iii. No cost to participate
iv.Non-exclusive
F.Confirm Supplier will train its national sales force on the Master Agreement. Ata minimum, sales training should include:
i.Key features of Master Agreement
ii.Working knowledge of the solicitation process
iii.Awareness of the range of Public Agencies that can utilize the MasterAgreement through OMNIA Partners
iv. Knowledge of benefits of the use of cooperative contracts
G.Provide the name, title, email and phone number for the person(s), who will be
responsible for:
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i.Executive Support
ii.Marketing
iii.Sales
iv. Sales Support
v.Financial Reporting
vi. Accounts Payable
vii.Contracts
H.Describe in detail how Supplier’s national sales force is structured, includingcontact information for the highest-level executive in charge of the sales team.
I.Explain in detail how the sales teams will work with the OMNIA Partners team toimplement, grow and service the national program.
J.Explain in detail how Supplier will manage the overall national programthroughout the term of the Master Agreement, including ongoing coordination ofmarketing and sales efforts, timely new Participating Public Agency account set-up, timely contract administration, etc.
K.State the amount of Supplier’s Public Agency sales for the previous fiscal year.Provide a list of Supplier’s top 10 Public Agency customers, the total purchasesfor each for the previous fiscal year along with a key contact for each.
L.Describe Supplier’s information systems capabilities and limitations regardingorder management through receipt of payment, including description of multipleplatforms that may be used for any of these functions.
M. M.Provide the Contract Sales (as defined in Section 10 of the OMNIA Partners,
Public Sector Administration Agreement) that Supplier will guarantee each yearunder the Master Agreement for the initial three years of the Master Agreement(“Guaranteed Contract Sales”).
$_______.00 in year one
$_______.00 in year two $_______.00 in year three
To the extent Supplier guarantees minimum Contract Sales, the administration
fee shall be calculated based on the greater of the actual Contract Sales and the
Guaranteed Contract Sales.
i.Respond with Master Agreement pricing (Contract Sales reported to
OMNIA Partners).
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N. Even though it is anticipated many Public Agencies will be able to utilize the MasterAgreement without further formal solicitation, there may be circumstances wherePublic Agencies will issue their own solicitations. The following options are
available when responding to a solicitation for Products covered under the Master
Agreement.
ii.If competitive conditions require pricing lower than the standardMaster Agreement not-to-exceed pricing, Supplier may respond withlower pricing through the Master Agreement. If Supplier is awarded
the contract, the sales are reported as Contract Sales to OMNIAPartners under the Master Agreement.
iii.Respond with pricing higher than Master Agreement only in theunlikely event that the Public Agency refuses to utilize MasterAgreement (Contract Sales are not reported to OMNIA Partners).
iv.If alternative or multiple bids or proposals are permitted, respondwith pricing higher than Master Agreement, and include MasterAgreement as the alternate or additional bid.
Detail Supplier’s strategies under these options when responding to a solicitation.
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EXHIBIT B
ADMINISTRATION AGREEMENT, EXAMPLE
ADMINISTRATION AGREEMENT
This ADMINISTRATION AGREEMENT (“Agreement”) is made as of , by and between National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners, Public Sector”) and
(“Supplier”).
RECITALS
WHEREAS, (“Lead Public Agency”) has entered into a certain Master Agreement dated as of even date herewith, referenced as Agreement No. , by and between Lead Public Agency and Supplier (as amended from time to time in accordance with the terms thereof,
the “Master Agreement”) for the purchase of (the “Products and Services”);
WHEREAS, the Master Agreement provides that any state, county, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution (including community colleges, colleges and universities, both public and private), other government agency or nonprofit organization (each a “Public Agency” and collectively, “Public Agencies”) may purchase Products and Services at the prices indicated in the Master Agreement upon prior registration with OMNIA Partners Public Sector, in which case the Public Agency becomes a
“Participating Public Agency”;
WHEREAS, OMNIA Partners Public Sector has the administrative and legal capacity to
administer purchases under the Master Agreement to Participating Public Agencies;
WHEREAS, OMNIA Partners Public Sector serves in an administrative capacity for Lead Public Agency and other lead public agencies in connection with other master agreements offered by OMNIA Partners Public Sector;
WHEREAS, Lead Public Agency desires OMNIA Partners Public Sector to proceed with administration of the Master Agreement on the same basis as other master agreements;
WHEREAS, OMNIA Partners Public Sector and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies.
NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, OMNIA Partners Public Sector and Supplier hereby agree as follows:
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ARTICLE I
GENERAL TERMS AND CONDITIONS
1.1 The Master Intergovernmental Cooperative Purchasing Agreement (“Master Agreement”), attached hereto as Exhibit A and incorporated herein by reference as though fully set
forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement.
1.2 OMNIA Partners Public Sector shall be afforded all of the rights and privileges afforded to Lead Public Agency under the Master Agreement, and such rights and privileges shall accrue and apply with equal effect to OMNIA Partners Public Sector under this Agreement including, without limitation, Supplier’s obligation to provide insurance to Lead Public Agency.
1.3 Supplier shall perform all duties, responsibilities and obligations required under the Master Agreement.
1.4 OMNIA Partners Public Sector shall perform all of its duties, responsibilities and obligations as administrator of purchases under the Master Agreement as set forth herein, and Supplier acknowledges that OMNIA Partners Public Sector shall act in the capacity of administrator of purchases under the Master Agreement.
1.5 With respect to any purchases made by Lead Public Agency or any Participating Public Agency pursuant to the Master Agreement, OMNIA Partners Public Sector:
(a)shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type ofSupplier, Lead Public Agency or such Participating Public Agency;
(b)shall not be obligated, liable or responsible (i) for any orders made by Lead Public Agency,any Participating Public Agency or any employee of Lead Public Agency or a Participating Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such
order; and
(c)shall not be obligated, liable or responsible for any failure by a Participating Public Agency to(i) comply with procedures or requirements of applicable law or ordinance, or (ii) obtain the dueauthorization and approval necessary to purchase under the Master Agreement.
OMNIA Partners Public Sector makes no representations or guaranties with respect to any minimum purchases required to be made by Lead Public Agency, any Participating Public Agency, or
any employee of Lead Public Agency or a Participating Public Agency under the Master Agreement.
ARTICLE II
TERM OF AGREEMENT
2.1 This Agreement is effective as of and shall terminate upon termination of the Master Agreement or any earlier termination in accordance with the terms of this Agreement, provided, however,
that the obligation to pay all amounts owed by Supplier to OMNIA Partners Public Sector through the termination of this Agreement and all indemnifications afforded by Supplier to OMNIA Partners Public Sector shall survive the term of this Agreement.
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ARTICLE III
REPRESENTATIONS AND COVENANTS
3.1 OMNIA Partners Public Sector views the relationship with Supplier as an
opportunity to provide benefits to the Lead Public Agency, Public Agencies and Supplier. The successful foundation of the relationship requires certain representations and covenants from both OMNIA Partners Public Sector and Supplier.
3.2 OMNIA Partners Public Sector’ Representations and Covenants.
(a)Marketing. OMNIA Partners Public Sector shall proactively market theMaster Agreement to Public Agencies using resources available to it from time to time, which may include an national, regional and state-level sponsors. In addition, the OMNIA Partners Public Sector
staff shall make commercially reasonable efforts to enhance Supplier’s marketing efforts through meetings with Public Agencies, participation in key events and tradeshows and other marketing activity such as advertising, articles and promotional campaigns.
(b)Training and Knowledge Management Support. OMNIA Partners Public Sector
shall provide support for the education, training and engagement of Supplier’s sales force as provided herein. Through its staff (each, a “Program Manager” and collectively, the “Program Managers”), OMNIA Partners Public Sector shall, with scheduling assistance from Supplier, conduct training sessions
and conduct calls jointly with Supplier to Public Agencies. OMNIA Partners Public Sector shall also provide Supplier with access to OMNIA Partners Public Sector’s private intranet website which provides presentations, documents and information to assist Supplier’s sales force in effectively promoting the
Master Agreement.
3.3 Supplier’s Representations and Covenants. Supplier hereby represents and covenants
as follows in order to ensure that Supplier is providing the highest level of public benefit to Participating Public Agencies (such representations and covenants are sometimes referred to as “Supplier’s Commitments” and are comprised of the Corporate Commitment, Pricing Commitment, Economy Commitment and Sales Commitment):
(a)Corporate Commitment.
(i)The pricing, terms and conditions of the Master Agreement shall, at all
times, be Supplier’s primary contractual offering of Products and Services to Public Agencies. All of Supplier’s direct and indirect marketing and sales efforts to Public Agencies shall demonstrate that the Master Agreement is Supplier’s primary offering and not just one of Supplier’s contract options.
(ii)Supplier’s sales force (including inside, direct and/or authorized dealers,distributors and representatives) shall always present the Master Agreement when marketing Products or Services to Public Agencies.
(iii)Supplier shall advise all Public Agencies that are existing customers ofSupplier as to the pricing and other value offered through the Master Agreement.
(iv)Upon authorization by a Public Agency, Supplier shall transitionsuch Public Agency to the pricing, terms and conditions of the Master Agreement.
(v)Supplier shall ensure that the OMNIA Partners Public Sector programand the Master Agreement are actively supported by Supplier’s senior executive management.
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(vi)Supplier shall provide a national/senior management level representative
with the authority and responsibility to ensure that the Supplier’s Commitments are maintained at all times. Supplier shall also designate a lead referral contact person who shall be responsible for receiving communications from OMNIA Partners Public Sector concerning new Participating Public Agency
registrations and for ensuring timely follow-up by Supplier’s staff to requests for contact from Participating Public Agencies. Supplier shall also provide the personnel necessary to implement and support a supplier-based internet web page dedicated to Supplier’s OMNIA Partners Public Sector program and linked to OMNIA Partners Public Sector’s website and shall implement and support such web page.
(vii)Supplier shall demonstrate in its procurement solicitation responseand throughout the term of the Master Agreement that national/senior management fully supports the
OMNIA Partners Public Sector program and its commitments and requirements. National/Senior management is defined as the executive(s) with companywide authority.
(viii)Where Supplier has an existing contract for Products and Services with astate, Supplier shall notify the state of the Master Agreement and transition the state to the pricing, terms and conditions of the Master Agreement upon the state’s request. Regardless of whether the state decides
to transition to the Master Agreement, Supplier shall primarily offer the Master Agreement to all Public Agencies located within the state.
(b)Pricing Commitment.
(i)Supplier represents to OMNIA Partners Public Sector that the pricingoffered under the Master Agreement is the lowest overall available pricing (net to purchaser) on Products and Services that it offers to Public Agencies. Supplier’s pricing shall be evaluated on either an overall
project basis or the Public Agency’s actual usage for more frequently purchased Products and Services.
(ii)Contracts Offering Lower Prices. If a pre-existing contract and/or aPublic Agency’s unique buying pattern provide one or more Public Agencies a lower price than that offered under the Master Agreement, Supplier shall match that lower pricing under the Master Agreement
and inform the eligible Public Agencies that the lower pricing is available under the Master Agreement. If an eligible Public Agency requests to be transitioned to the Master Agreement, Supplier shall do so and report the Public Agency’s purchases made under the Master Agreement going forward. The price match
only applies to the eligible Public Agencies. Below are three examples of Supplier’s obligation to match the pricing under Supplier’s contracts offering lower prices.
(A)Supplier holds a state contract with lower pricing that isavailable to all Public Agencies within the state. Supplier would be required to match the lower state pricing under the Master Agreement and make it available to all Public Agencies within the state.
(B)Supplier holds a regional cooperative contract with lower pricing
that is available only to the ten cooperative members. Supplier would be required to match the lower cooperative pricing under the Master Agreement and make it available to the ten cooperative members.
(C)Supplier holds a contract with an individual Public Agency. The
Public Agency contract does not contain any cooperative language and therefore other Public Agencies are not eligible to utilize the contract. Supplier would be required to match the lower pricing under the Master Agreement and make it available only to the individual Public Agency.
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(iii)Deviating Buying Patterns. Occasionally OMNIA Partners Public
Sector and Supplier may interact with a Public Agency that has a buying pattern or terms and conditions that considerably deviate from the normal Public Agency buying pattern and terms and conditions, and causes Supplier’s pricing under the Master Agreement to be higher than an alternative contract held by
Supplier. This could be created by a unique end-user preference or requirements. In the event that this situation occurs, Supplier may address the issue by lowering the price under the Master Agreement on the item(s) causing the large deviation for that Public Agency. Supplier would not be required to lower
the price for other Public Agencies.
(iv)Supplier’s Options in Responding to a Third Party Procurement
Solicitation. While it is the objective of OMNIA Partners Public Sector to encourage Public Agencies to piggyback on to the Master Agreement rather than issue their own procurement solicitations, the Parties recognizes that for various reasons some Public Agencies will issue their own solicitations. The following options are available to Supplier when responding to a Public Agency solicitation:
(A)Supplier may opt not to respond to the procurement solicitation.Supplier may make the Master Agreement available to the Public Agency as a comparison to its solicitation responses.
(B)Supplier may respond with the pricing, terms and conditions ofthe Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales
under the Master Agreement.
(C)If competitive conditions require pricing lower than the standardMaster Agreement pricing, Supplier may submit lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales under the Master
Agreement. Supplier would not be required to extend the lower price to other Public Agencies.
(D)Supplier may respond to the procurement solicitation with
pricing that is higher (net to buyer) than the pricing offered under the Master Agreement. If awarded a contract, Supplier shall still be bound by all obligations set forth in this Section 3.3, including, without limitation, the requirement to continue to advise the awarding Public Agency
of the pricing, terms and conditions of the Master Agreement.
(E)Supplier may respond to the procurement solicitation withpricing that is higher (net to buyer) than the pricing offered under the Master Agreement and if an alternative response is permitted, Supplier may offer the pricing under the Master Agreement as
an alternative for consideration.
(c)Economy Commitment. Supplier shall demonstrate the benefits, including thepricing advantage, of the Master Agreement over alternative options, including competitive solicitation pricing and shall proactively offer the terms and pricing under the Master Agreement to Public Agencies as a more effective alternative to the cost and time associated with such alternate bids and solicitations.
(d)Sales Commitment. Supplier shall market the Master Agreement through
Supplier’s sales force or dealer network that is properly trained, engaged and committed to offering the Master Agreement as Supplier’s primary offering to Public Agencies. Supplier’s sales force compensation and incentives shall be greater than or equal to the compensation and incentives earned
under other contracts to Public Agencies.
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(i)Supplier Sales. Supplier shall be responsible for proactive sales ofSupplier’s Products and Services to Public Agencies and the timely follow-up to sales leads identified by
OMNIA Partners Public Sector. Use of product catalogs, targeted advertising, direct mail, online marketing and other sales initiatives are encouraged. All of Supplier’s sales materials targeted towards Public Agencies shall include the OMNIA Partners Public Sector logo. OMNIA Partners Public Sector
hereby grants to Supplier, during the term of this Agreement, a non-exclusive, revocable, non- transferable, license to use the OMNIA Partners Public Sector name, trademark, and logo solely to perform its obligations under this Agreement, and for no other purpose. Any goodwill, rights, or benefits derived from Supplier's use of the OMNIA Partners Public Sector name, trademark, or logo shall inure to the benefit of OMNIA Partners Public Sector. OMNIA Partners Public Sector shall provide Supplier with its logo and the standards to be employed in the use of the logo. During the term of the Agreement, the Supplier shall provide OMNIA Partners Public Sector with its logo and the standards to be employed in the use of the logo for purposes of reproducing and using Supplier’s name and logo in connection
with the advertising, marketing and promotion of the Master Agreement to Public Agencies. Supplier shall assist OMNIA Partners Public Sector by providing camera-ready logos and by participating in related trade shows and conferences. At a minimum, Supplier's sales initiatives shall communicate that
(i)the Master Agreement was competitively solicited by the Lead Public Agency, (ii) the MasterAgreement provides the Supplier’s best overall pricing and value to eligible agencies, (iii) there is nocost to Participating Public Agencies, and (iv) the Master Agreement is a non-exclusive contract.
(ii)Branding and Logo Compliance. Supplier shall be responsible forcomplying with the OMNIA Partners Public Sector branding and logo standards and guidelines. Prior to use by Supplier, all OMNIA Partners Public Sector related marketing material must be submitted to OMNIA Partners Public Sector for review and approval.
(iii)Sales Force Training. Supplier shall train its national sales force on theMaster Agreement and OMNIA Partners Public Sector program. OMNIA Partners Public Sector shall
be available to train on a national, regional or local level and generally assist with the education of sales personnel.
(iv)Participating Public Agency Access. Supplier shall establishthe following communication links to facilitate customer access and communication:
(A)A dedicated OMNIA Partners Public Sector internet web-based homepage that is accessible from Supplier’s homepage or main menu navigation containing:
(1)OMNIA Partners Public Sector standard logo;(2)Copy of original procurement solicitation;(3)Copy of Master Agreement including any amendments;
(4)Summary of Products and Services pricing;
(5)Electronic link to OMNIA Partners Public Sector’sonline registration page; and(6)Other promotional material as requested by
OMNIA Partners Public Sector.
(B)A dedicated toll-free national hotline for inquiriesregarding OMNIA Partners Public Sector.
(v)Electronic Registration. Supplier shall be responsible for ensuring thateach Public Agency has completed OMNIA Partners Public Sector’s online registration process prior to processing the Public Agency’s first sales order.
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(vi)Supplier’s Performance Review. Upon request by OMNIA PartnersPublic Sector, Supplier shall participate in a performance review meeting with OMNIA Partners Public
Sector to evaluate Supplier’s performance of the covenants set forth in this Agreement.
(vii)Supplier Content. Supplier may, from time to time, provide certaingraphics, media, and other content to OMNIA Partners Public Sector (collectively "Supplier Content") for use on OMNIA Partners Public Sector websites and for general marketing and publicity purposes.
During the term of the Agreement, Supplier hereby grants to OMNIA Partners Public Sector and its affiliates a non-exclusive, worldwide, free, transferrable, license to reproduce, modify, distribute, publicly perform, publicly display, and use Supplier Content in connection with OMNIA Partners Public
Sector websites and for general marketing and publicity purposes, with the right to sublicense each and every such right. Supplier warrants that: (a) Supplier is the owner of or otherwise has the unrestricted right to grant the rights in and to Supplier Content as contemplated hereunder; and (b) the use of Supplier
Content and any other materials or services provided to OMNIA Partners Public Sector as contemplated hereunder will not violate, infringe, or misappropriate the intellectual property rights or other rights of any third party
3.4 Breach of Supplier’s Representations and Covenants. The representations and covenants
set forth in this Agreement are the foundation of the relationship between OMNIA Partners Public Sector and Supplier. If Supplier is found to be in violation of, or non-compliance with, one or more of the representations and covenants set forth in this Agreement, Supplier shall have ninety (90) days from the
notice of default to cure such violation or non-compliance and, if Supplier fails to cure such violation or non-compliance within such notice period, at the sole discretion of OMNIA Partners Public Sector, it shall be deemed a cause for immediate termination of the Master Agreement at Lead Public Agency’s
sole discretion or this Agreement at OMNIA Partners Public Sector’s sole discretion.
3.5 Indemnity. Supplier hereby agrees to indemnify and defend OMNIA Partners Public Sector, and its parent companies, subsidiaries, affiliates, shareholders, member, manager, officers, directors, employees, agents, and representatives from and against any and all claims, costs,
proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of any of Supplier's representations, warranties, or covenants in this Agreement.
ARTICLE IV
PRICING AUDITS
4.1 Supplier shall, at Supplier’s sole expense, maintain an accounting of all purchases made by Lead Public Agency and Participating Public Agencies under the Master Agreement.
OMNIA Partners Public Sector and Lead Public Agency each reserve the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of
termination. OMNIA Partners Public Agencies shall have the authority to conduct random audits of Supplier’s pricing that is offered to Participating Public Agencies at OMNIA Partners Public Sector’s sole cost and expense. In addition, in the event that OMNIA Partners Public Sector is made
aware of any pricing being offered to three (3) or more Participating Public Agencies that is materially inconsistent with the pricing under the Master Agreement, OMNIA Partners Public Sector shall have the right to conduct a reasonable audit of Supplier’s pricing at Supplier’s sole cost and expense during regular business hours and upon reasonable notice. OMNIA Partners Public Sector may conduct the audit internally or may engage a third-party auditing firm. Supplier shall solely be responsible for the cost
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of the audit. In the event of an audit, the requested materials shall be provided in the format and at the location where kept in the ordinary course of business by Supplier.
ARTICLE V
FEES & REPORTING
5.1 Administrative Fees. Supplier shall pay to OMNIA Partners Public Sector a monthly administrative fee based upon the total sales price of all purchases shipped and billed pursuant to the Master Agreement, excluding taxes, in the amount of three percent (3%) of aggregate purchases made
during each calendar month (individually and collectively, “Administrative Fees”). Supplier’s annual sales shall be measured on a calendar year basis. All Administrative Fees shall be payable in U.S. Dollars and shall be made by wire to OMNIA Partners Public Sector, or its designee or trustee as may be
directed in writing by OMNIA Partners Public Sector. Administrative Fees shall be due and payable within thirty (30) days of the end of each calendar month for purchases shipped and billed during such calendar month. OMNIA Partners Public Sector agrees to pay to Lead Public Agency five percent (5%) of all Administrative Fees received from Supplier to help offset Lead Public Agency’s costs incurred in connection with managing the Master Agreement nationally. The Supplier’s obligations to pay Administrative Fees based on aggregate purchases calculated and accrued during the term of the Agreement shall survive the termination of the Agreement and the Master Agreement, regardless of reason for the termination.
5.2 Sales Reports. Within thirty (30) days of the end of each calendar month, Supplier shall deliver to OMNIA Partners Public Sector an electronic accounting report, in the format prescribed by
the Contract Sales Reporting Template, attached hereto as Exhibit B, summarizing all purchases made under the Master Agreement during such calendar month (“Sales Report”). All purchases indicated in the Sales Report shall be denominated in U.S. Dollars. All purchases shipped and billed pursuant to the
Master Agreement for the applicable calendar month shall be included in the Sales Report. Submitted reports shall be verified by OMNIA Partners Public Sector against its registration database. Any data that is inconsistent with the registration database shall be changed prior to processing. OMNIA Partners
Public Sector reserves the right upon reasonable advance notice to Supplier to change the prescribed report format to accommodate the distribution of the Administrative Fees to its program sponsors, state associations and/or Lead Agencies.
5.3 Exception Reporting/Sales Reports Audits. OMNIA Partners Public Sector or its designee may, at its sole discretion, compare Supplier’s Sales Reports with Participating Public Agency records or other sales analysis performed by Participating Public Agencies, sponsors, or OMNIA Partners Public Sector staff. If there is a material discrepancy between the Sales Report and such records or sales
analysis as determined by OMNIA Partners Public Sector, OMNIA Partners Public Sector shall notify Supplier in writing and Supplier shall have thirty (30) days from the date of such notice to resolve the discrepancy to OMNIA Partners Public Sector’s reasonable satisfaction. Upon resolution of the
discrepancy, Supplier shall remit payment to OMNIA Partners Public Sector’s trustee within fifteen (15) calendar days. Any questions regarding an exception report should be directed to OMNIA Partners Public Sector in writing. If Supplier does not resolve the discrepancy to OMNIA Partners Public Sector’s
reasonable satisfaction within thirty (30) days, OMNIA Partners Public Sector shall have the right to engage outside services to conduct an independent audit of Supplier’s reports. Supplier shall solely be responsible for the cost of the audit.
5.4 Online Reporting. Within forty-five (45) days of the end of each calendar month, OMNIA Partners Public Sector shall provide online reporting to Supplier containing Supplier’s sales reporting for such calendar month. Supplier shall have access to various reports through the OMNIA Partners Public Sector intranet website. Such reports are useful in resolving reporting issues and
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enabling Supplier to better manage its Master Agreement.
5.5 Usage Reporting. Within thirty (30) days of the end of each contract year, Supplier shall deliver to OMNIA Partners Public Sector an electronic usage report of all sales under the Master Agreement, including:
(i)Supplier’s Product Number(ii)Product Description(iii)Manufacturer Name
(iv)Manufacturer Number(v)Unit of Measure(vi)OMNIA Partners Public Sector Price
(vii)Number of times ordered(viii)Units sold(ix)Sales by Manufacturer
5.6 Supplier’s Failure to Provide Reports or Pay Administrative Fees. Failure to provide a Sales Report or pay Administrative Fees within the time and in the manner specified herein shall be
regarded as a material breach under this Agreement and if not cured within thirty (30) days of written notice to Supplier, shall be deemed a cause for termination of the Master Agreement at Lead Public Agency’s sole discretion or this Agreement at OMNIA Partners Public Sector’s sole discretion. All Administrative Fees not paid within thirty (30) days of the end of the previous calendar month shall bear interest at the rate of one and one-half percent (1.5%) per month until paid in full.
ARTICLE VI
MISCELLANEOUS
6.1 Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
6.2 Assignment.
(a)Supplier. Neither this Agreement nor any rights or obligations hereunder shall be
assignable by Supplier without prior written consent of OMNIA Partners Public Sector, and any assignment without such consent shall be void.
(b)OMNIA Partners Public Sector. This Agreement and any rights or obligationshereunder may be assigned by OMNIA Partners Public Sector in OMNIA Partners Public Sector’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform
OMNIA Partners Public Sector’s obligations hereunder.
6.3 Notices. All reports, notices or other communications given hereunder shall be delivered by first-class mail, postage prepaid, or overnight delivery requiring signature on receipt to the addresses as set forth below. OMNIA Partners Public Sector may, by written notice delivered to Supplier,
designate any different address to which subsequent reports, notices or other communications shall be sent.
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- Attachment B
- Attachment B
OMNIA Partners Public Sector: OMNIA Partners, Public Sector Attn: President
840 Crescent Centre Drive Suite 600 Franklin, TN 37067
Supplier: .
Attn: OMNIA Partners Public Sector Program Manager
6.4 Severability. If any provision of this Agreement shall be deemed to be, or shall in fact
be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever.
6.5 Waiver. Any failure of a party to enforce, for any period of time, any of the provisions under this Agreement shall not be construed as a waiver of such provisions or of the right of said party thereafter to enforce each and every provision under this Agreement.
6.6 Counterparts. This Agreement may be executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
6.7 Modifications. This Agreement may not be effectively amended, changed, modified,
altered or terminated without the prior written consent of the parties hereto.
6.8 Mediation. In the event that there is a dispute over any of the provisions of this Agreement, an asserted breach of the Agreement, or a dispute over the applicability or legality of any of the provisions of this Agreement, the parties agree that they will mediate such dispute or asserted breach as a condition precedent to any proceeding brought in any court or administrative forum. The moving party shall provide the other with ten (10) business days written notice and demand for mediation. Mediation shall occur between executive officials of each party who shall have full authority to resolve the dispute or asserted breach. Mediation shall occur at a mutually convenient venue or telephonically at the option of OMNIA Partners Public Sector. The parties shall endeavor to conclude such mediation within forty-five (45) days of the written demand, but may mutually agree in writing to extend this
timeframe. If the mediation is not concluded within forty-five (45) days of the written demand, the mediation requirement may be deemed satisfied at the sole discretion of OMNIA Partners Public Sector. In no event shall the mediation bar extend past six (6) months unless agreed to in writing by
both parties. The parties shall cover their own costs of mediation.
6.9 Applicable law, Jurisdiction, Venue and Fees. This Agreement shall be governed by the laws of the State of Tennessee and applicable federal law. If, following the mandatory mediation in
paragraph 6.8, either party brings against the other any proceeding arising out of this Agreement, that party may bring that proceeding only in the United States District Court for the Middle District of Tennessee, only if there is not federal subject matter jurisdiction or diversity, in the Circuit or Chancery
Court for Williamson County, Tennessee. Each party submits to the exclusive jurisdiction of these courts for purposes of any such proceeding and waives any contest to venue. The prevailing party in any such proceeding shall be entitled to recover reasonable attorneys’ fees and costs.
7.0 Successors and Assigns. This Agreement shall inure to the benefit of and shall be binding upon OMNIA Partners Public Sector, Supplier and any successor and assign thereto; subject,
however, to the limitations contained herein.
[Remainder of Page Intentionally Left Blank – Signatures Follow]
Page 40 - Attachment B
IN WITNESS WHEREOF, OMNIA Partners Public Sector has caused this Agreement to be executed in its name and Supplier has caused this Agreement to be executed in its name, all as of the date first
written above.
OMNIA PARTNERS PUBLIC SECTOR
By
Name: Sarah E. Vavra
Title: Sr. Vice President, Public Sector Contracting
Date:
Supplier:
By
Name:
Title:
Date:
Page 41 - Attachment B
EXHIBIT A
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT,
EXAMPLE
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This Master Intergovernmental Cooperative Purchasing Agreement (this “Agreement”) is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate (“Principal Procurement Agencies”) with National Intergovernmental Purchasing
Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector and/or Communities Program Management, LLC, a California limited liability company d/b/a U.S. Communities (collectively, “OMNIA Partners Public Sector”) to be appended and made a part hereof and such other public agencies (“Participating Public Agencies”) who register to participate
in the cooperative purchasing programs administered by OMNIA Partners, Public Sector and its
affiliates and subsidiaries (collectively, the “OMNIA Partners Parties”) by either registering on the OMNIA Partners, Public Sector website (www.omniapartners.com/publicsector or any successor website), or by executing a copy of this Agreement.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers have entered into “Master Agreements” (herein so called) to provide a variety of goods,
products and services (“Products”) to the applicable Principal Procurement Agency and the Participating Public Agencies;
WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the
OMNIA Partners Parties and provide that Participating Public Agencies may purchase Products on
the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and
WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to time
offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements.
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of
the mutual benefits to result, the parties hereby agree as follows:
1.Each party will facilitate the cooperative procurement of Products.
2.The Participating Public Agencies shall procure Products in accordance with andsubject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency’s procurement practices. The Participating Public Agencies hereby acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and that Principal Procurement Agencies’ participation in the program described herein comply with all
applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952(h), as may be amended from time to time. The Participating Public Agencies further acknowledge and agree that they are solely responsible for their compliance with all applicable “safe harbor” regulations,
Page 42 - Attachment B
including but not limited to any and all obligations to fully and accurately report discounts and incentives.
3.The Participating Public Agency represents and warrants that the Participating PublicAgency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a hospital or healthcare provider.
4.The cooperative use of Master Agreements shall be in accordance with the terms and
conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law, policies or procedures.
5.The Principal Procurement Agencies will make available, upon reasonable request,
Master Agreement information which may assist in improving the procurement of Products by the
Participating Public Agencies.
6.The Participating Public Agency agrees the OMNIA Partners Parties may provideaccess to group purchasing organization (“GPO”) agreements directly or indirectly by enrolling the
Participating Public Agency in another GPO’s purchasing program, including but not limited to
Vizient Source, LLC, Provista, Inc. and other OMNIA Partners, Public Sector affiliates and subsidiaries; provided the purchase of Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public Agency’s sole discretion.
7.The Participating Public Agencies (each a “Procuring Party”) that procure Productsthrough any Master Agreement or GPO Product supply agreement (each a “GPO Contract”) will make timely payments to the distributor, manufacturer or other vendor (collectively, “Supplier”) for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by
the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier.
8.The Procuring Party shall not use this Agreement as a method for obtaining additional
concessions or reduced prices for purchase of similar products or services outside of the Master Agreement. Master Agreements may be structured with not-to-exceed pricing, in which cases the Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional concessions for purchase of Products through a Master Agreement.
9.The Procuring Party shall be responsible for the ordering of Products under thisAgreement. A non-procuring party shall not be liable in any fashion for any violation by a Procuring Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non-procuring party harmless from any liability that may arise from the acts or omissions of the Procuring Party.
10.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIAPARTNERS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO CONTRACT. THE OMNIA PARTNERS PARTIES SHALL NOT BE
LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE OMNIA PARTNERS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE
Page 43 - Attachment B
PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE OMNIA PARTNERS PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER OR OTHER PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT.
11.This Agreement shall remain in effect until termination by either party giving thirty(30) days’ written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall surviveany such termination.
12.This Agreement shall take effect upon (i) execution of the Principal Procurement
Agency Certificate, or (ii) registration on the OMNIA Partners, Public Sector website or the execution
of this Agreement by a Participating Public Agency, as applicable.
OMNIA PARTNERS, PUBLIC SECTOR
Authorized Signature Signature
Sarah E. Vavra
Name
Title and Agency Name
Name
Sr. Vice President, Public Sector Contracting
Title
Date Date
Page 44 - Attachment B
EXHIBIT B
OMNIA PARTNERS CONTRACT SALES REPORTING TEMPLATE
OMNIA PARTNERS EXHIBITS
EXHIBIT C - CONTRACT SALES REPORTING TEMPLATE
(to be submitted electronically in Microsoft Excel format)
OMNIA Partners Contract Sales Monthly Report
Supplier Name: Contract Sales Report Month: Contract ID: Supplier Reporting Contact: Title: Phone: Email:
Participating Agency Name Address City State Zip Code
Participating
Agency #
{Assigned by
National IPA
and provided
to Supplier}
Transaction
Date
(Date of
Sale)
Contract
Sales for
Month ($)
Admin
Fee %
Admin
Fee $
Report Totals
Cumulative Contract Sales
Page 45 - Attachment B
OMNIA PARTNERS
EXHIBIT C
PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE
PRINCIPAL PROCUREMENT AGENCY CERTIFICATE
In its capacity as a Principal Procurement Agency (as defined below) for National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners, Public Sector”), [NAME OF PPA] agrees to pursue Master Agreements for Products as specified in the attached Exhibits to this Principal Procurement Agency
Certificate.
I hereby acknowledge, in my capacity as _____________ of and on behalf of [NAME OF PPA]
(“Principal Procurement Agency”), that I have read and hereby agree to the general terms and conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement regulating the use of the Master Agreements and purchase of Products that from time to time are made available by Principal Procurement Agencies to Participating Public Agencies nationwide
through OMNIA Partners, Public Sector.
I understand that the purchase of one or more Products under the provisions of the Master Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the Participating Public Agency.
Authorized Signature, [PRINCIPAL PROCUREMENT AGENCY]
Signature
Name
Title
Date
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OMNIA PARTNERS
EXHIBIT D
FEDERAL FUNDS CERTIFICATIONS
FEDERAL CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT
TO WHOM IT MAY CONCERN:
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be completed and returned.
DEFINITIONS
Contract means a legal instrument by which a non–Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non–Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward
Contractor means an entity that receives a contract as defined in Contract.
Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non–Federal entity that, consistent with 31 U.S.C. 6302–6305: (a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federalawarding agency or pass-through entity to the non–Federal entity to carry out a public purpose authorized by a law of theUnited States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass-throughentity's direct benefit or use;(b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency orpass-through entity and the non–Federal entity in carrying out the activity contemplated by the Federal award.(c) The term does not include:(1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or(2) An agreement that provides only:(i) Direct United States Government cash assistance to an individual;(ii) A subsidy;(iii) A loan;(iv) A loan guarantee; or(v) Insurance.
Federal awarding agency means the Federal agency that provides a Federal award directly to a non–Federal entity
Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section: (a)(1) The Federal financial assistance that a non–Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability; or (2) The cost-reimbursement contract under the Federal Acquisition Regulations that a non–Federal entityreceives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in §200.101 Applicability.(b) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement,other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations.(c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractoror a contract to operate Federal government owned, contractor operated facilities (GOCOs).(d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.
Non–Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient.
Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: (a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest;
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(b) Is not organized primarily for profit; and(c) Uses net proceeds to maintain, improve, or expand the operations of the organization.
Obligations means, when used in connection with a non–Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non–Federal entity during the same or a future period.
Pass-through entity means a non–Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.
Recipient means a non–Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term recipient does not include subrecipients.
Simplified acquisition threshold means the dollar amount below which a non–Federal entity may purchase property or services using small purchase methods. Non–Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this part, the simplified acquisition threshold is $150,000, but this threshold is periodically adjusted for inflation. (Also see definition of § 200.67 Micro-purchase.)
Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.
Subrecipient means a non–Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.
Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance.
The following certifications and provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A)Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjustedamount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils)as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances wherecontractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.
Does offeror agree? YES Initials of Authorized Representative of offeror
(B)Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will beeffected and the basis for settlement. (All contracts in excess of $10,000)
Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract.
Does offeror agree? YES Initials of Authorized Representative of offeror
(C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet thedefinition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clauseprovided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of FederalContract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction
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contract, the equal opportunity clause is incorporated by reference herein.
Does offeror agree to abide by the above? YES Initials of Authorized Representative of offeror
(D)Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all primeconstruction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliancewith the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and AssistedConstruction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics ata rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Inaddition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copyof the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to awarda contract or subcontract must be conditioned upon the acceptance of the wage determination. The non - Federal entitymust report all suspected or reported violations to the Federal awarding agency. The contracts must also include aprovision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department ofLabor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Wholeor in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must beprohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, togive up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report allsuspected or reported violations to the Federal awarding agency.Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for allcontracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions.
Does offeror agree? YES Initials of Authorized Representative of offeror
(E)Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by thenon-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provisionfor compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on thebasis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that theworker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excessof 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that nolaborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardousor dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available onthe open market, or contracts for transportation or transmission of intelligence.
Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process.
Does offeror agree? YES Initials of Authorized Representative of offeror
(F)Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “fundingagreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a smallbusiness firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with therequirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms UnderGovernment Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awardingagency.
Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.
Does offeror agree? YES Initials of Authorized Representative of offeror
(G)Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non - Federal awardto agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to theFederal awarding agency and the Regional Office of the Environmental Protection Agency (EPA)
Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.
Page 49 - Attachment B
Does offeror agree? YES Initials of Authorized Representative of offeror
(H)Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not bemade to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance withthe Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 that implementExecutive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment andSuspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, aswell as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency.
Does offeror agree? YES Initials of Authorized Representative of offeror
(I)Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriatedfunds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, amember of Congress, officer or employee of Congress, or an employee of a member of Congress in connection withobtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose anylobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures areforwarded from tier to tier up to the non-Federal award.
Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that: (1)No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing orattempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or anemployee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the makingof a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modificationof a Federal contract, grant, loan, or cooperative agreement.(2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing orattempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or anemployee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall completeand submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.(3)The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.
Does offeror agree? YES Initials of Authorized Representative of offeror
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
Does offeror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT
When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).
Does offeror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to
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provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.
Does offeror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336
Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any documents, papers, or other records of offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents.
Does offeror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.
Does offeror agree? YES Initials of Authorized Representative of offeror
Offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.
Offeror’s Name: ____________________________________________________________________________________________
Address, City, State, and Zip Code: _____________________________________________________________________________
Phone Number:___________________________________ Fax Number: ______________________________________
Printed Name and Title of Authorized Representative:______________________________________________________________________
Email Address: ____________________________________________________________________________________________
Signature of Authorized Representative: ____________________________________Date: _____________________________
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OMNIA PARTNERS
EXHIBIT E
NEW JERSEY BUSINESS COMPLIANCE
NEW JERSEY BUSINESS COMPLIANCE
Suppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All offerors submitting bids/proposals must complete the following forms specific to the State of New Jersey. Completed forms should be
submitted with the offeror’s response to the IFB. Failure to complete the New Jersey packet will impact OMNIA Partners’ ability to promote the Master Agreement in the State of New Jersey.
DOC #1 Ownership Disclosure Form
DOC #2 Non-Collusion Affidavit
DOC #3 Affirmative Action Affidavit
DOC #4 Political Contribution Disclosure Form
DOC #5 Stockholder Disclosure Certification
DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran
DOC #7 New Jersey Business Registration Certificate
New Jersey suppliers are required to comply with the following New Jersey statutes when applicable:
•all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A.10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38;
•Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the
Act;
•Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and
•Bid and Performance Security, as required by the applicable municipal or state statutes.
Page 52 - Attachment B
DOC #1
OWNERSHIP DISCLOSURE FORM (N.J.S. 52:25-24.2)
Pursuant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law), the offeror shall complete the form attached to these specifications listing the persons owning 10 percent (10%) or more of the firm presenting the bid/proposal.
Company Name:
Street:
City, State, Zip Code:
Complete as appropriate:
I _______________________________________, certify that I am the sole owner of
____________________________________, that there are no partners and the business is not incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply. OR:
I _______________________________________, a partner in___________________________, do hereby certify that the following is a list of all individual partners who own a 10% or greater interest therein. I further certify that if one (1) or more of the partners is itself a corporation or partnership, there is also set
forth the names and addresses of the stockholders holding 10% or more of that corporation’s stock or the individual partners owning 10% or greater interest in that partnership. OR:
I _______________________________________, an authorized representative of ______________________, a corporation, do hereby certify that the following is a list of the names and addresses of all stockholders in the corporation who own 10% or more of its stock of any class. I further
certify that if one (1) or more of such stockholders is itself a corporation or partnership, that there is also set forth the names and addresses of the stockholders holding 10% or more of the corporation’s stock or the
individual partners owning a 10% or greater interest in that partnership.
(Note: If there are no partners or stockholders owning 10% or more interest, indicate none.)
Name Address Interest
I further certify that the statements and information contained herein, are complete and correct to the best of
my knowledge and belief.
Date Authorized Signature and Title
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DOC #2
NON-COLLUSION AFFIDAVIT
Company Name: ________________________________________
Street: ________________________________________________
City, State, Zip Code:____________________________________
State of ________________________________________________
County of ______________________________________________
I, of the_______________________________________________ Name City
in the County of ____________________________, State of _______________________________
of full age, being duly sworn according to law on my oath depose and say that:
I am the _________________________of the firm of _____________________________________
Title Company Name
the Offeror making the Bid/Proposal for the goods, services or public work specified under the attached bid/proposal, and that I executed the said bid/proposal with full authority to do so; that said Offeror has not directly or indirectly entered into any agreement, participated in any collusion, or
otherwise taken any action in restraint of free, competitive bidding in connection with the above
bid/proposal, and that all statements contained in said bid/proposal and in this affidavit are true and
correct, and made with full knowledge that relies upon the truth of the statements contained in said bid/proposal and in the statements contained in this affidavit in awarding the contract for the said goods, services or public work.
I further warrant that no person or selling agency has been employed or retained to solicit or secure
such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by
Company Name Authorized Signature & Title
Subscribed and sworn before me
this ______ day of ______________, 20____
__________________________________________ Notary Public of ______________________
My commission expires _________________ , 20____ SEAL
Page 54 - Attachment B
DOC #3
AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127)
Company Name:
Street:
City, State, Zip Code:
Bid/Proposal Certification:
Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’s bid/proposal will be accepted even if company is not in compliance at this time. No contract and/or
purchase order may be issued, however, until all Affirmative Action requirements are met.
Required Affirmative Action Evidence:
Procurement, Professional & Service Contracts (Exhibit A)
Vendors must submit with bid/proposal:
1. A photo copy of their Federal Letter of Affirmative Action Plan Approval
OR
2. A photo copy of their Certificate of Employee Information Report
OR
3.A complete Affirmative Action Employee Information Report (AA302) ________
Public Work – Over $50,000 Total Project Cost:
A.No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form
AA201-A upon receipt from the
B.Approved Federal or New Jersey Plan – certificate enclosed
I further certify that the statements and information contained herein, are complete and correct to
the best of my knowledge and belief.
_______________________ _________________________________ Date Authorized Signature and Title
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DOC #3, continued
P.L. 1995, c. 127 (N.J.A.C. 17:27)MANDATORY AFFIRMATIVE ACTION LANGUAGE
PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.
The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of theapplicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.
The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27).
________________________________________________ Signature of Procurement Agent
Page 56 - Attachment B
DOC #4
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006-1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational.
1.The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open”process (N.J.S.A. 19:44A-20.7).
2.Due to the potential length of some contractor submissions, the public agency should consider allowing data to besubmitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documentsor in an appropriate computer file and be available for public access. The form is worded to accept this alternatesubmission. The text should be amended if electronic submission will not be allowed.
3.The submission must be received from the contractor and on file at least 10 days prior to award of the contract.Resolutions of award should reflect that the disclosure has been received and is on file.
4.The contractor must disclose contributions made to candidate and party committees covering a wide range of publicagencies, including all public agencies that have elected officials in the county of the public agency, state legislativepositions, and various state entities. The Division of Local Government Services recommends that contractors beprovided a list of the affected agencies. This will assist contractors in determining the campaign and politicalcommittees of the officials and candidates affected by the disclosure.
a.The Division has prepared model disclosure forms for each county. They can be downloaded from the “CountyPCD Forms” link on the Pay-to-Play web site at http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12.They will be updated from time-to-time as necessary.b.A public agency using these forms should edit them to properly reflect the correct legislative district(s). Asthe forms are county-based, they list all legislative districts in each county. Districts that do not representthe public agency should be removed from the lists.c.Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county.These submissions are appropriate and should be accepted.d.The form may be used “as-is”, subject to edits as described herein.e.The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that theInstructions and the form be printed on the same piece of paper. The form notes that the Instructions are printedon the back of the form; where that is not the case, the text should be edited accordingly.f.The form is a Word document and can be edited to meet local needs, and posted for download on web sites, usedas an e-mail attachment, or provided as a printed document.
5.It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist thelocal unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listedon the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice2006-7 for additional information on this obligation athttp://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). A sample Certification form is part of this packageand the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable toBoards of Education.
Page 57 - Attachment B
DOC #4, continued
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:
•any State, county, or municipal committee of a political party
•any legislative leadership committee*
•any continuing political committee (a.k.a., political action committee)
•any candidate committee of a candidate for, or holder of, an elective office:o of the public entity awarding the contractoof that county in which that public entity is locatedoof another public entity within that countyoor of a legislative district in which that public entity is located or, when the public entity is a county, ofany legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:
•individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entityor 10% of the stock in the case of a business entity that is a corporation for profit
•all principals, partners, officers, or directors of the business entity or their spouses
•any subsidiaries directly or indirectly controlled by the business entity
•IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entityand filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an
amount to be determined by the Commission which may be based upon the amount that the business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.
*N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to beestablished, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) forthe purpose of receiving contributions and making expenditures.”
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DOC #4, continued
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant to N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Part I – Vendor Information
Vendor Name: Address: City: State: Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions
accompanying this form.
_______________________ _______________________ ________________________ Signature Printed Name Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form
Contributor Name Recipient Name Date Dollar Amount
$
Check here if the information is continued on subsequent page(s)
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DOC #4, continued
List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26
County Name: State: Governor, and Legislative Leadership Committees Legislative District #s: State Senator and two members of the General Assembly per district.
County: Freeholders County Clerk Sheriff
{County Executive} Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A
COUNTY-BASED, CUSTOMIZABLE FORM.
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DOC #5
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders
holding 10% or more of the issued and outstanding stock of the undersigned.OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of
the undersigned.
Check the box that represents the type of business organization:
Partnership Corporation Sole Proprietorship
Limited Partnership Limited Liability Corporation Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name: Name:
Home Address: Home Address:
Name: Name:
Home Address: Home Address:
Name: Name:
Home Address: Home Address:
Subscribed and sworn before me this ___ day of ___________, 2__.
(Notary Public)
My Commission expires:
_________________________________ (Affiant)
________________________________ (Print name & title of affiant)
(Corporate Seal)
Page 61 - Attachment B
DOC #6
Certification of Non-Involvement in Prohibited Activities in Iran
Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents,
subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f).
Offerors wishing to do business in New Jersey through this contract must fill out the Certification of
Non-Involvement in Prohibited Activities in Iran here: http://www.state.nj.us/humanservices/dfd/info/standard/fdc/disclosure_investmentact.pdf.
Offerors should submit the above form completed with their bid/proposal.
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DOC #7
NEW JERSEY BUSINESS REGISTRATION CERTIFICATE (N.J.S.A. 52:32-44)
Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their bid/proposal here. Failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract.
http://www.state.nj.us/treasury/revenue/forms/njreg.pdf
Page 63 - Attachment B
OMNIA Partners
EXHIBIT F
ADVERTISING COMPLIANCE REQUIREMENT
Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with OMNIA Partners and access the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing Invitation for Bids for purposes of complying with the procedural requirements of said statutes:
Nationwide:
State of Alabama State of Hawaii State of Massachusetts State of New Mexico State of South Dakota
State of Alaska State of Idaho State of Michigan State of New York State of Tennessee
State of Arizona State of Illinois State of Minnesota State of North Carolina State of Texas
State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah State of California State of Iowa State of Missouri State of Ohio State of Vermont State of Colorado State of Kansas State of Montana State of Oklahoma State of Virginia State of Connecticut State of Kentucky State of Nebraska State of Oregon State of Washington
State of Delaware State of Louisiana State of Nevada State of Pennsylvania State of West Virginia State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin
State of Georgia State of Maryland State of New Jersey State of South Carolina State of Wyoming
District of Columbia
Lists of political subdivisions and local governments in the above referenced states / districts may be found at http://www.usa.gov/Agencies/State_and_Territories.shtml and https://www.usa.gov/local-governments.
Certain Public Agencies and Political Subdivisions:
CITIES, TOWNS, VILLAGES AND BOROUGHS INCLUDING BUT NOT LIMITED TO: BAKER CITY GOLF COURSE, OR CITY OF ADAIR VILLAGE, OR CITY OF ASHLAND, OR CITY OF AUMSVILLE, OR CITY OF AURORA, OR CITY OF BAKER, OR CITY OF BATON ROUGE, LA CITY OF BEAVERTON, OR CITY OF BEND, OR CITY OF BOARDMAN, OR CITY OF BONANAZA, OR CITY OF BOSSIER CITY, LA CITY OF BROOKINGS, OR CITY OF BURNS, OR CITY OF CANBY, OR CITY OF CANYONVILLE, OR CITY OF CLATSKANIE, OR CITY OF COBURG, OR CITY OF CONDON, OR CITY OF COQUILLE, OR CITY OF CORVALLI, OR CITY OF CORVALLIS PARKS AND RECREATION DEPARTMENT, OR CITY OF COTTAGE GROVE, OR CITY OF DONALD, OR CITY OF EUGENE, OR CITY OF FOREST GROVE, OR CITY OF GOLD HILL, OR CITY OF GRANTS PASS, OR CITY OF GRESHAM, OR CITY OF HILLSBORO, OR CITY OF INDEPENDENCE, OR
CITY AND COUNTY OF HONOLULU, HI CITY OF KENNER, LA CITY OF LA GRANDE, OR CITY OF LAFAYETTE, LA CITY OF LAKE CHARLES, OR CITY OF LEBANON, OR CITY OF MCMINNVILLE, OR CITY OF MEDFORD, OR CITY OF METAIRIE, LA CITY OF MILL CITY, OR CITY OF MILWAUKIE, OR CITY OF MONROE, LA CITY OF MOSIER, OR CITY OF NEW ORLEANS, LA CITY OF NORTH PLAINS, OR CITY OF OREGON CITY, OR CITY OF PILOT ROCK, OR CITY OF PORTLAND, OR CITY OF POWERS, OR CITY OF PRINEVILLE, OR CITY OF REDMOND, OR CITY OF REEDSPORT, OR CITY OF RIDDLE, OR CITY OF ROGUE RIVER, OR CITY OF ROSEBURG, OR CITY OF SALEM, OR CITY OF SANDY, OR CITY OF SCAPPOOSE, OR CITY OF SHADY COVE, OR CITY OF SHERWOOD, OR CITY OF SHREVEPORT, LA CITY OF SILVERTON, OR CITY OF SPRINGFIELD, OR CITY OF ST. HELENS, OR
Page 64 - Attachment B
CITY OF ST. PAUL, OR CITY OF SULPHUR, LA CITY OF TIGARD, OR CITY OF TROUTDALE, OR CITY OF TUALATIN, OR CITY OF WALKER, LA CITY OF WARRENTON, OR CITY OF WEST LINN, OR CITY OF WILSONVILLE, OR CITY OF WINSTON, OR CITY OF WOODBURN, OR LEAGUE OF OREGON CITES THE CITY OF HAPPY VALLEY OREGON ALPINE, UT ALTA, UT ALTAMONT, UT ALTON, UT AMALGA, UT AMERICAN FORK CITY, UT ANNABELLA, UT ANTIMONY, UT APPLE VALLEY, UT AURORA, UT BALLARD, UT BEAR RIVER CITY, UT BEAVER, UT BICKNELL, UT BIG WATER, UT BLANDING, UT BLUFFDALE, UT BOULDER, UT CITY OF BOUNTIFUL, UT BRIAN HEAD, UT BRIGHAM CITY CORPORATION, UT BRYCE CANYON CITY, UT CANNONVILLE, UT CASTLE DALE, UT CASTLE VALLEY, UT CITY OF CEDAR CITY, UT CEDAR FORT, UT CITY OF CEDAR HILLS, UT CENTERFIELD, UT CENTERVILLE CITY CORPORATION, UT CENTRAL VALLEY, UT CHARLESTON, UT CIRCLEVILLE, UT CLARKSTON, UT CLAWSON, UT CLEARFIELD, UT CLEVELAND, UT CLINTON CITY CORPORATION, UT COALVILLE, UT CORINNE, UT CORNISH, UT COTTONWOOD HEIGHTS, UT DANIEL, UT DELTA, UT DEWEYVILLE, UT DRAPER CITY, UT DUCHESNE, UT EAGLE MOUNTAIN, UT EAST CARBON, UT ELK RIDGE, UT ELMO, UT ELSINORE, UT ELWOOD, UT EMERY, UT ENOCH, UT ENTERPRISE, UT
EPHRAIM, UT ESCALANTE, UT EUREKA, UT FAIRFIELD, UT FAIRVIEW, UT FARMINGTON, UT FARR WEST, UT FAYETTE, UT FERRON, UT FIELDING, UT FILLMORE, UT FOUNTAIN GREEN, UT FRANCIS, UT FRUIT HEIGHTS, UT GARDEN CITY, UT GARLAND, UT GENOLA, UT GLENDALE, UT GLENWOOD, UT GOSHEN, UT GRANTSVILLE, UT GREEN RIVER, UT GUNNISON, UT HANKSVILLE, UT HARRISVILLE, UT HATCH, UT HEBER CITY CORPORATION, UT HELPER, UT HENEFER, UT HENRIEVILLE, UT HERRIMAN, UT HIDEOUT, UT HIGHLAND, UT HILDALE, UT HINCKLEY, UT HOLDEN, UT HOLLADAY, UT HONEYVILLE, UT HOOPER, UT HOWELL, UT HUNTINGTON, UT HUNTSVILLE, UT CITY OF HURRICANE, UT HYDE PARK, UT HYRUM, UT INDEPENDENCE, UT IVINS, UT JOSEPH, UT JUNCTION, UT KAMAS, UT KANAB, UT KANARRAVILLE, UT KANOSH, UT KAYSVILLE, UT KINGSTON, UT KOOSHAREM, UT LAKETOWN, UT LA VERKIN, UT LAYTON, UT LEAMINGTON, UT LEEDS, UT LEHI CITY CORPORATION, UT LEVAN, UT LEWISTON, UT LINDON, UT LOA, UT LOGAN CITY, UT LYMAN, UT LYNNDYL, UT
Page 65 - Attachment B
MANILA, UT MANTI, UT MANTUA, UT MAPLETON, UT MARRIOTT-SLATERVILLE, UT MARYSVALE, UT MAYFIELD, UT MEADOW, UT MENDON, UT MIDVALE CITY INC., UT MIDWAY, UT MILFORD, UT MILLVILLE, UT MINERSVILLE, UT MOAB, UT MONA, UT MONROE, UT CITY OF MONTICELLO, UT MORGAN, UT MORONI, UT MOUNT PLEASANT, UT MURRAY CITY CORPORATION, UT MYTON, UT NAPLES, UT NEPHI, UT NEW HARMONY, UT NEWTON, UT NIBLEY, UT NORTH LOGAN, UT NORTH OGDEN, UT NORTH SALT LAKE CITY, UT OAK CITY, UT OAKLEY, UT OGDEN CITY CORPORATION, UT OPHIR, UT ORANGEVILLE, UT ORDERVILLE, UT OREM, UT PANGUITCH, UT PARADISE, UT PARAGONAH, UT PARK CITY, UT PAROWAN, UT PAYSON, UT PERRY, UT PLAIN CITY, UT PLEASANT GROVE CITY, UT PLEASANT VIEW, UT PLYMOUTH, UT PORTAGE, UT PRICE, UT PROVIDENCE, UT PROVO, UT RANDOLPH, UT REDMOND, UT RICHFIELD, UT RICHMOND, UT RIVERDALE, UT RIVER HEIGHTS, UT RIVERTON CITY, UT ROCKVILLE, UT ROCKY RIDGE, UT ROOSEVELT CITY CORPORATION, UT ROY, UT RUSH VALLEY, UT CITY OF ST. GEORGE, UT SALEM, UT SALINA, UT SALT LAKE CITY CORPORATION, UT
SANDY, UT SANTA CLARA, UT SANTAQUIN, UT SARATOGA SPRINGS, UT SCIPIO, UT SCOFIELD, UT SIGURD, UT SMITHFIELD, UT SNOWVILLE, UT CITY OF SOUTH JORDAN, UT SOUTH OGDEN, UT CITY OF SOUTH SALT LAKE, UT SOUTH WEBER, UT SPANISH FORK, UT SPRING CITY, UT SPRINGDALE, UT SPRINGVILLE, UT STERLING, UT STOCKTON, UT SUNNYSIDE, UT SUNSET CITY CORP, UT SYRACUSE, UT TABIONA, UT CITY OF TAYLORSVILLE, UT TOOELE CITY CORPORATION, UT TOQUERVILLE, UT TORREY, UT TREMONTON CITY, UT TRENTON, UT TROPIC, UT UINTAH, UT VERNAL CITY, UT VERNON, UT VINEYARD, UT VIRGIN, UT WALES, UT WALLSBURG, UT WASHINGTON CITY, UT WASHINGTON TERRACE, UT WELLINGTON, UT WELLSVILLE, UT WENDOVER, UT WEST BOUNTIFUL, UT WEST HAVEN, UT WEST JORDAN, UT WEST POINT, UT WEST VALLEY CITY, UT WILLARD, UT WOODLAND HILLS, UT WOODRUFF, UT WOODS CROSS, UT
COUNTIES AND PARISHES INCLUDING BUT NOT LIMITED TO: ASCENSION PARISH, LA ASCENSION PARISH, LA, CLEAR OF COURT CADDO PARISH, LA CALCASIEU PARISH, LA CALCASIEU PARISH SHERIFF’S OFFICE, LA CITY AND COUNTY OF HONOLULU, HI CLACKAMAS COUNTY, OR CLACKAMAS COUNTY DEPT OF TRANSPORTATION, OR CLATSOP COUNTY, OR COLUMBIA COUNTY, OR COOS COUNTY, OR COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF HAWAII, OR CROOK COUNTY, OR
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CROOK COUNTY ROAD DEPARTMENT, OR CURRY COUNTY, OR DESCHUTES COUNTY, OR DOUGLAS COUNTY, OR EAST BATON ROUGE PARISH, LA GILLIAM COUNTY, OR GRANT COUNTY, OR HARNEY COUNTY, OR HARNEY COUNTY SHERIFFS OFFICE, OR HAWAII COUNTY, HI HOOD RIVER COUNTY, OR JACKSON COUNTY, OR JEFFERSON COUNTY, OR JEFFERSON PARISH, LA JOSEPHINE COUNTY GOVERNMENT, OR LAFAYETTE CONSOLIDATED GOVERNMENT, LA LAFAYETTE PARISH, LA LAFAYETTE PARISH CONVENTION & VISITORS COMMISSION LAFOURCHE PARISH, LA KAUAI COUNTY, HI KLAMATH COUNTY, OR LAKE COUNTY, OR LANE COUNTY, OR LINCOLN COUNTY, OR LINN COUNTY, OR LIVINGSTON PARISH, LA MALHEUR COUNTY, OR MAUI COUNTY, HI MARION COUNTY, SALEM, OR MORROW COUNTY, OR MULTNOMAH COUNTY, OR MULTNOMAH COUNTY BUSINESS AND COMMUNITY SERVICES, OR MULTNOMAH COUNTY SHERIFFS OFFICE, OR MULTNOMAH LAW LIBRARY, OR ORLEANS PARISH, LA PLAQUEMINES PARISH, LA POLK COUNTY, OR RAPIDES PARISH, LA SAINT CHARLES PARISH, LA SAINT CHARLES PARISH PUBLIC SCHOOLS, LA SAINT LANDRY PARISH, LA SAINT TAMMANY PARISH, LA SHERMAN COUNTY, OR TERREBONNE PARISH, LA TILLAMOOK COUNTY, OR TILLAMOOK COUNTY SHERIFF'S OFFICE, OR TILLAMOOK COUNTY GENERAL HOSPITAL, OR UMATILLA COUNTY, OR UNION COUNTY, OR WALLOWA COUNTY, OR WASCO COUNTY, OR WASHINGTON COUNTY, OR WEST BATON ROUGE PARISH, LA WHEELER COUNTY, OR YAMHILL COUNTY, OR COUNTY OF BOX ELDER, UT COUNTY OF CACHE, UT COUNTY OF RICH, UT COUNTY OF WEBER, UT COUNTY OF MORGAN, UT COUNTY OF DAVIS, UT COUNTY OF SUMMIT, UT COUNTY OF DAGGETT, UT COUNTY OF SALT LAKE, UT COUNTY OF TOOELE, UT COUNTY OF UTAH, UT COUNTY OF WASATCH, UT
COUNTY OF DUCHESNE, UT COUNTY OF UINTAH, UT COUNTY OF CARBON, UT COUNTY OF SANPETE, UT COUNTY OF JUAB, UT COUNTY OF MILLARD, UT COUNTY OF SEVIER, UT COUNTY OF EMERY, UT COUNTY OF GRAND, UT COUNTY OF BEVER, UT COUNTY OF PIUTE, UT COUNTY OF WAYNE, UT COUNTY OF SAN JUAN, UT COUNTY OF GARFIELD, UT COUNTY OF KANE, UT COUNTY OF IRON, UT COUNTY OF WASHINGTON, UT
OTHER AGENCIES INCLUDING ASSOCIATIONS, BOARDS, DISTRICTS, COMMISSIONS, COUNCILS, PUBLIC CORPORATIONS, PUBLIC DEVELOPMENT AUTHORITIES, RESERVATIONS AND UTILITIES INCLUDING BUT NOT LIMITED TO: ADAIR R.F.P.D., OR ADEL WATER IMPROVEMENT DISTRICT, OR ADRIAN R.F.P.D., OR AGNESS COMMUNITY LIBRARY, OR AGNESS-ILLAHE R.F.P.D., OR AGRICULTURE EDUCATION SERVICE EXTENSION DISTRICT, OR ALDER CREEK-BARLOW WATER DISTRICT NO. 29, OR ALFALFA FIRE DISTRICT, OR ALSEA R.F.P.D., OR ALSEA RIVIERA WATER IMPROVEMENT DISTRICT, OR AMITY FIRE DISTRICT, OR ANTELOPE MEADOWS SPECIAL ROAD DISTRICT, OR APPLE ROGUE DISTRICT IMPROVEMENT COMPANY, OR APPLEGATE VALLEY R.F.P.D. #9, OR ARCH CAPE DOMESTIC WATER SUPPLY DISTRICT, OR ARCH CAPE SANITARY DISTRICT, OR ARNOLD IRRIGATION DISTRICT, OR ASH CREEK WATER CONTROL DISTRICT, OR ATHENA CEMETERY MAINTENANCE DISTRICT, OR AUMSVILLE R.F.P.D., OR AURORA R.F.P.D., OR AZALEA R.F.P.D., OR BADGER IMPROVEMENT DISTRICT, OR BAILEY-SPENCER R.F.P.D., OR BAKER COUNTY LIBRARY DISTRICT, OR BAKER R.F.P.D., OR BAKER RIVERTON ROAD DISTRICT, OR BAKER VALLEY IRRIGATION DISTRICT, OR BAKER VALLEY S.W.C.D., OR BAKER VALLEY VECTOR CONTROL DISTRICT, OR BANDON CRANBERRY WATER CONTROL DISTRICT, OR BANDON R.F.P.D., OR BANKS FIRE DISTRICT, OR BANKS FIRE DISTRICT #13, OR BAR L RANCH ROAD DISTRICT, OR BARLOW WATER IMPROVEMENT DISTRICT, OR BASIN AMBULANCE SERVICE DISTRICT, OR BASIN TRANSIT SERVICE TRANSPORTATION DISTRICT, OR BATON ROUGE WATER COMPANY
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BAY AREA HEALTH DISTRICT, OR BAYSHORE SPECIAL ROAD DISTRICT, OR BEAR VALLEY SPECIAL ROAD DISTRICT, OR BEAVER CREEK WATER CONTROL DISTRICT, OR BEAVER DRAINAGE IMPROVEMENT COMPANY, INC., OR BEAVER SLOUGH DRAINAGE DISTRICT, OR BEAVER SPECIAL ROAD DISTRICT, OR BEAVER WATER DISTRICT, OR BELLE MER S.I.G.L. TRACTS SPECIAL ROAD DISTRICT, OR BEND METRO PARK AND RECREATION DISTRICT BENTON S.W.C.D., OR BERNDT SUBDIVISION WATER IMPROVEMENT DISTRICT, OR BEVERLY BEACH WATER DISTRICT, OR BIENVILLE PARISH FIRE PROTECTION DISTRICT 6, LA BIG BEND IRRIGATION DISTRICT, OR BIGGS SERVICE DISTRICT, OR BLACK BUTTE RANCH DEPARTMENT OF POLICE SERVICES, OR BLACK BUTTE RANCH R.F.P.D., OR BLACK MOUNTAIN WATER DISTRICT, OR BLODGETT-SUMMIT R.F.P.D., OR BLUE MOUNTAIN HOSPITAL DISTRICT, OR BLUE MOUNTAIN TRANSLATOR DISTRICT, OR BLUE RIVER PARK & RECREATION DISTRICT, OR BLUE RIVER WATER DISTRICT, OR BLY R.F.P.D., OR BLY VECTOR CONTROL DISTRICT, OR BLY WATER AND SANITARY DISTRICT, OR BOARDMAN CEMETERY MAINTENANCE DISTRICT, OR BOARDMAN PARK AND RECREATION DISTRICT BOARDMAN R.F.P.D., OR BONANZA BIG SPRINGS PARK & RECREATION DISTRICT, OR BONANZA MEMORIAL PARK CEMETERY DISTRICT, OR BONANZA R.F.P.D., OR BONANZA-LANGELL VALLEY VECTOR CONTROL DISTRICT, OR BORING WATER DISTRICT #24, OR BOULDER CREEK RETREAT SPECIAL ROAD DISTRICT, OR BRIDGE R.F.P.D., OR BROOKS COMMUNITY SERVICE DISTRICT, OR BROWNSVILLE R.F.P.D., OR BUELL-RED PRAIRIE WATER DISTRICT, OR BUNKER HILL R.F.P.D. #1, OR BUNKER HILL SANITARY DISTRICT, OR BURLINGTON WATER DISTRICT, OR BURNT RIVER IRRIGATION DISTRICT, OR BURNT RIVER S.W.C.D., OR CALAPOOIA R.F.P.D., OR CAMAS VALLEY R.F.P.D., OR CAMELLIA PARK SANITARY DISTRICT, OR CAMMANN ROAD DISTRICT, OR CAMP SHERMAN ROAD DISTRICT, OR CANBY AREA TRANSIT, OR CANBY R.F.P.D. #62, OR CANBY UTILITY BOARD, OR CANNON BEACH R.F.P.D., OR CANYONVILLE SOUTH UMPQUA FIRE DISTRICT, OR CAPE FERRELO R.F.P.D., OR CAPE FOULWEATHER SANITARY DISTRICT, OR CARLSON PRIMROSE SPECIAL ROAD DISTRICT, OR CARMEL BEACH WATER DISTRICT, OR
CASCADE VIEW ESTATES TRACT 2, OR CEDAR CREST SPECIAL ROAD DISTRICT, OR CEDAR TRAILS SPECIAL ROAD DISTRICT, OR CEDAR VALLEY - NORTH BANK R.F.P.D., OR CENTRAL CASCADES FIRE AND EMS, OR CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA CENTRAL LINCOLN P.U.D., OR CENTRAL OREGON COAST FIRE & RESCUE DISTRICT, OR CENTRAL OREGON INTERGOVERNMENTAL COUNCIL CENTRAL OREGON IRRIGATION DISTRICT, OR CHAPARRAL WATER CONTROL DISTRICT, OR CHARLESTON FIRE DISTRICT, OR CHARLESTON SANITARY DISTRICT, OR CHARLOTTE ANN WATER DISTRICT, OR CHEHALEM PARK & RECREATION DISTRICT, OR CHEHALEM PARK AND RECREATION DISTRICT CHEMULT R.F.P.D., OR CHENOWITH WATER P.U.D., OR CHERRIOTS, OR CHETCO COMMUNITY PUBLIC LIBRARY DISTRICT, OR CHILOQUIN VECTOR CONTROL DISTRICT, OR CHILOQUIN-AGENCY LAKE R.F.P.D., OR CHINOOK DRIVE SPECIAL ROAD DISTRICT, OR CHR DISTRICT IMPROVEMENT COMPANY, OR CHRISTMAS VALLEY DOMESTIC WATER DISTRICT, OR CHRISTMAS VALLEY PARK & RECREATION DISTRICT, OR CHRISTMAS VALLEY R.F.P.D., OR CITY OF BOGALUSA SCHOOL BOARD, LA CLACKAMAS COUNTY FIRE DISTRICT #1, OR CLACKAMAS COUNTY SERVICE DISTRICT #1, OR CLACKAMAS COUNTY VECTOR CONTROL DISTRICT, OR CLACKAMAS RIVER WATER CLACKAMAS RIVER WATER, OR CLACKAMAS S.W.C.D., OR CLATSKANIE DRAINAGE IMPROVEMENT COMPANY, OR CLATSKANIE LIBRARY DISTRICT, OR CLATSKANIE P.U.D., OR CLATSKANIE PARK & RECREATION DISTRICT, OR CLATSKANIE PEOPLE'S UTILITY DISTRICT CLATSKANIE R.F.P.D., OR CLATSOP CARE CENTER HEALTH DISTRICT, OR CLATSOP COUNTY S.W.C.D., OR CLATSOP DRAINAGE IMPROVEMENT COMPANY #15, INC., OR CLEAN WATER SERVICES CLEAN WATER SERVICES, OR CLOVERDALE R.F.P.D., OR CLOVERDALE SANITARY DISTRICT, OR CLOVERDALE WATER DISTRICT, OR COALEDO DRAINAGE DISTRICT, OR COBURG FIRE DISTRICT, OR COLESTIN RURAL FIRE DISTRICT, OR COLTON R.F.P.D., OR COLTON WATER DISTRICT #11, OR COLUMBIA 911 COMMUNICATIONS DISTRICT, OR COLUMBIA COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR COLUMBIA DRAINAGE VECTOR CONTROL, OR COLUMBIA IMPROVEMENT DISTRICT, OR COLUMBIA R.F.P.D., OR COLUMBIA RIVER FIRE & RESCUE, OR COLUMBIA RIVER PUD, OR
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COLUMBIA S.W.C.D., OR COLUMBIA S.W.C.D., OR CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION COOS COUNTY AIRPORT DISTRICT, OR COOS COUNTY AIRPORT DISTRICT, OR COOS COUNTY AREA TRANSIT SERVICE DISTRICT, OR COOS COUNTY AREA TRANSIT SERVICE DISTRICT, OR COOS FOREST PROTECTIVE ASSOCIATION COOS S.W.C.D., OR COQUILLE R.F.P.D., OR COQUILLE VALLEY HOSPITAL DISTRICT, OR CORBETT WATER DISTRICT, OR CORNELIUS R.F.P.D., OR CORP RANCH ROAD WATER IMPROVEMENT, OR CORVALLIS R.F.P.D., OR COUNTRY CLUB ESTATES SPECIAL WATER DISTRICT, OR COUNTRY CLUB WATER DISTRICT, OR COUNTRY ESTATES ROAD DISTRICT, OR COVE CEMETERY MAINTENANCE DISTRICT, OR COVE ORCHARD SEWER SERVICE DISTRICT, OR COVE R.F.P.D., OR CRESCENT R.F.P.D., OR CRESCENT SANITARY DISTRICT, OR CRESCENT WATER SUPPLY AND IMPROVEMENT DISTRICT, OR CROOK COUNTY AGRICULTURE EXTENSION SERVICE DISTRICT, OR CROOK COUNTY CEMETERY DISTRICT, OR CROOK COUNTY FIRE AND RESCUE, OR CROOK COUNTY PARKS & RECREATION DISTRICT, OR CROOK COUNTY S.W.C.D., OR CROOK COUNTY VECTOR CONTROL DISTRICT, OR CROOKED RIVER RANCH R.F.P.D., OR CROOKED RIVER RANCH SPECIAL ROAD DISTRICT, OR CRYSTAL SPRINGS WATER DISTRICT, OR CURRY COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR CURRY COUNTY PUBLIC TRANSIT SERVICE DISTRICT, OR CURRY COUNTY S.W.C.D., OR CURRY HEALTH DISTRICT, OR CURRY PUBLIC LIBRARY DISTRICT, OR DALLAS CEMETERY DISTRICT #4, OR DARLEY DRIVE SPECIAL ROAD DISTRICT, OR DAVID CROCKETT STEAM FIRE COMPANY #1, LA DAYS CREEK R.F.P.D., OR DAYTON FIRE DISTRICT, OR DEAN MINARD WATER DISTRICT, OR DEE IRRIGATION DISTRICT, OR DEER ISLAND DRAINAGE IMPROVEMENT COMPANY, OR DELL BROGAN CEMETERY MAINTENANCE DISTRICT, OR DEPOE BAY R.F.P.D., OR DESCHUTES COUNTY 911 SERVICE DISTRICT, OR DESCHUTES COUNTY R.F.P.D. #2, OR DESCHUTES PUBLIC LIBRARY DISTRICT, OR DESCHUTES S.W.C.D., OR DESCHUTES VALLEY WATER DISTRICT, OR DEVILS LAKE WATER IMPROVEMENT DISTRICT, OR DEXTER R.F.P.D., OR DEXTER SANITARY DISTRICT, OR DORA-SITKUM R.F.P.D., OR
DOUGLAS COUNTY FIRE DISTRICT #2, OR DOUGLAS S.W.C.D., OR DRAKES CROSSING R.F.P.D., OR DRRH SPECIAL ROAD DISTRICT #6, OR DRY GULCH DITCH DISTRICT IMPROVEMENT COMPANY, OR DUFUR RECREATION DISTRICT, OR DUMBECK LANE DOMESTIC WATER SUPPLY, OR DUNDEE R.F.P.D., OR DURKEE COMMUNITY BUILDING PRESERVATION DISTRICT, OR EAGLE POINT IRRIGATION DISTRICT, OR EAGLE VALLEY CEMETERY MAINTENANCE DISTRICT, OR EAGLE VALLEY R.F.P.D., OR EAGLE VALLEY S.W.C.D., OR EAST FORK IRRIGATION DISTRICT, OR EAST MULTNOMAH S.W.C.D., OR EAST SALEM SERVICE DISTRICT, OR EAST UMATILLA CHEMICAL CONTROL DISTRICT, OR EAST UMATILLA COUNTY AMBULANCE AREA HEALTH DISTRICT, OR EAST UMATILLA COUNTY R.F.P.D., OR EAST VALLEY WATER DISTRICT, OR ELGIN COMMUNITY PARKS & RECREATION DISTRICT, OR ELGIN HEALTH DISTRICT, OR ELGIN R.F.P.D., OR ELKTON ESTATES PHASE II SPECIAL ROAD DISTRICT, OR ELKTON R.F.P.D., OR EMERALD P.U.D., OR ENTERPRISE IRRIGATION DISTRICT, OR ESTACADA CEMETERY MAINTENANCE DISTRICT, OR ESTACADA R.F.P.D. #69, OR EUGENE R.F.P.D. # 1, OR EUGENE WATER AND ELECTRIC BOARD EVANS VALLEY FIRE DISTRICT #6, OR FAIR OAKS R.F.P.D., OR FAIRVIEW R.F.P.D., OR FAIRVIEW WATER DISTRICT, OR FALCON HEIGHTS WATER AND SEWER, OR FALCON-COVE BEACH WATER DISTRICT, OR FALL RIVER ESTATES SPECIAL ROAD DISTRICT, OR FARGO INTERCHANGE SERVICE DISTRICT, OR FARMERS IRRIGATION DISTRICT, OR FAT ELK DRAINAGE DISTRICT, OR FERN RIDGE PUBLIC LIBRARY DISTRICT, OR FERN VALLEY ESTATES IMPROVEMENT DISTRICT, OR FOR FAR ROAD DISTRICT, OR FOREST GROVE R.F.P.D., OR FOREST VIEW SPECIAL ROAD DISTRICT, OR FORT ROCK-SILVER LAKE S.W.C.D., OR FOUR RIVERS VECTOR CONTROL DISTRICT, OR FOX CEMETERY MAINTENANCE DISTRICT, OR GARDINER R.F.P.D., OR GARDINER SANITARY DISTRICT, OR GARIBALDI R.F.P.D., OR GASTON R.F.P.D., OR GATES R.F.P.D., OR GEARHART R.F.P.D., OR GILLIAM S.W.C.D., OR GLENDALE AMBULANCE DISTRICT, OR GLENDALE R.F.P.D., OR GLENEDEN BEACH SPECIAL ROAD DISTRICT, OR GLENEDEN SANITARY DISTRICT, OR
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GLENWOOD WATER DISTRICT, OR GLIDE - IDLEYLD SANITARY DISTRICT, OR GLIDE R.F.P.D., OR GOLD BEACH - WEDDERBURN R.F.P.D., OR GOLD HILL IRRIGATION DISTRICT, OR GOLDFINCH ROAD DISTRICT, OR GOSHEN R.F.P.D., OR GOVERNMENT CAMP ROAD DISTRICT, OR GOVERNMENT CAMP SANITARY DISTRICT, OR GRAND PRAIRIE WATER CONTROL DISTRICT, OR GRAND RONDE SANITARY DISTRICT, OR GRANT COUNTY TRANSPORTATION DISTRICT, OR GRANT S.W.C.D., OR GRANTS PASS IRRIGATION DISTRICT, OR GREATER BOWEN VALLEY R.F.P.D., OR GREATER ST. HELENS PARK & RECREATION DISTRICT, OR GREATER TOLEDO POOL RECREATION DISTRICT, OR GREEN KNOLLS SPECIAL ROAD DISTRICT, OR GREEN SANITARY DISTRICT, OR GREENACRES R.F.P.D., OR GREENBERRY IRRIGATION DISTRICT, OR GREENSPRINGS RURAL FIRE DISTRICT, OR HAHLEN ROAD SPECIAL DISTRICT, OR HAINES CEMETERY MAINTENANCE DISTRICT, OR HAINES FIRE PROTECTION DISTRICT, OR HALSEY-SHEDD R.F.P.D., OR HAMLET R.F.P.D., OR HARBOR R.F.P.D., OR HARBOR SANITARY DISTRICT, OR HARBOR WATER P.U.D., OR HARNEY COUNTY HEALTH DISTRICT, OR HARNEY S.W.C.D., OR HARPER SOUTH SIDE IRRIGATION DISTRICT, OR HARRISBURG FIRE AND RESCUE, OR HAUSER R.F.P.D., OR HAZELDELL RURAL FIRE DISTRICT, OR HEBO JOINT WATER-SANITARY AUTHORITY, OR HECETA WATER P.U.D., OR HELIX CEMETERY MAINTENANCE DISTRICT #4, OR HELIX PARK & RECREATION DISTRICT, OR HELIX R.F.P.D. #7-411, OR HEPPNER CEMETERY MAINTENANCE DISTRICT, OR HEPPNER R.F.P.D., OR HEPPNER WATER CONTROL DISTRICT, OR HEREFORD COMMUNITY HALL RECREATION DISTRICT, OR HERMISTON CEMETERY DISTRICT, OR HERMISTON IRRIGATION DISTRICT, OR HIDDEN VALLEY MOBILE ESTATES IMPROVEMENT DISTRICT, OR HIGH DESERT PARK & RECREATION DISTRICT, OR HIGHLAND SUBDIVISION WATER DISTRICT, OR HONOLULU INTERNATIONAL AIRPORT HOOD RIVER COUNTY LIBRARY DISTRICT, OR HOOD RIVER COUNTY TRANSPORTATION DISTRICT, OR HOOD RIVER S.W.C.D., OR HOOD RIVER VALLEY PARKS & RECREATION DISTRICT, OR HOODLAND FIRE DISTRICT #74 HOODLAND FIRE DISTRICT #74, OR HORSEFLY IRRIGATION DISTRICT, OR HOSKINS-KINGS VALLEY R.F.P.D., OR HOUSING AUTHORITY OF PORTLAND HUBBARD R.F.P.D., OR HUDSON BAY DISTRICT IMPROVEMENT COMPANY, OR
I N (KAY) YOUNG DITCH DISTRICT IMPROVEMENT COMPANY, OR ICE FOUNTAIN WATER DISTRICT, OR IDAHO POINT SPECIAL ROAD DISTRICT, OR IDANHA-DETROIT RURAL FIRE PROTECTION DISTRICT, OR ILLINOIS VALLEY FIRE DISTRICT ILLINOIS VALLEY R.F.P.D., OR ILLINOIS VALLEY S.W.C.D., OR IMBLER R.F.P.D., OR INTERLACHEN WATER P.U.D., OR IONE LIBRARY DISTRICT, OR IONE R.F.P.D. #6-604, OR IRONSIDE CEMETERY MAINTENANCE DISTRICT, OR IRONSIDE RURAL ROAD DISTRICT #5, OR IRRIGON PARK & RECREATION DISTRICT, OR IRRIGON R.F.P.D., OR ISLAND CITY AREA SANITATION DISTRICT, OR ISLAND CITY CEMETERY MAINTENANCE DISTRICT, OR JACK PINE VILLAGE SPECIAL ROAD DISTRICT, OR JACKSON COUNTY FIRE DISTRICT #3, OR JACKSON COUNTY FIRE DISTRICT #4, OR JACKSON COUNTY FIRE DISTRICT #5, OR JACKSON COUNTY LIBRARY DISTRICT, OR JACKSON COUNTY VECTOR CONTROL DISTRICT, OR JACKSON S.W.C.D., OR JASPER KNOLLS WATER DISTRICT, OR JEFFERSON COUNTY EMERGENCY MEDICAL SERVICE DISTRICT, OR JEFFERSON COUNTY FIRE DISTRICT #1, OR JEFFERSON COUNTY LIBRARY DISTRICT, OR JEFFERSON COUNTY S.W.C.D., OR JEFFERSON PARK & RECREATION DISTRICT, OR JEFFERSON R.F.P.D., OR JOB'S DRAINAGE DISTRICT, OR JOHN DAY WATER DISTRICT, OR JOHN DAY-CANYON CITY PARKS & RECREATION DISTRICT, OR JOHN DAY-FERNHILL R.F.P.D. #5-108, OR JORDAN VALLEY CEMETERY DISTRICT, OR JORDAN VALLEY IRRIGATION DISTRICT, OR JOSEPHINE COMMUNITY LIBRARY DISTRICT, OR JOSEPHINE COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR JOSEPHINE COUNTY 911 AGENCY, OR JUNCTION CITY R.F.P.D., OR JUNCTION CITY WATER CONTROL DISTRICT, OR JUNIPER BUTTE ROAD DISTRICT, OR JUNIPER CANYON WATER CONTROL DISTRICT, OR JUNIPER FLAT DISTRICT IMPROVEMENT COMPANY, OR JUNIPER FLAT R.F.P.D., OR JUNO NONPROFIT WATER IMPROVEMENT DISTRICT, OR KEATING R.F.P.D., OR KEATING S.W.C.D., OR KEIZER R.F.P.D., OR KELLOGG RURAL FIRE DISTRICT, OR KENO IRRIGATION DISTRICT, OR KENO PINES ROAD DISTRICT, OR KENO R.F.P.D., OR KENT WATER DISTRICT, OR KERBY WATER DISTRICT, OR K-GB-LB WATER DISTRICT, ORKILCHIS WATER DISTRICT, ORKLAMATH 9-1-1 COMMUNICATIONS DISTRICT, ORKLAMATH BASIN IMPROVEMENT DISTRICT, OR
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KLAMATH COUNTY DRAINAGE SERVICE DISTRICT, OR KLAMATH COUNTY EXTENSION SERVICE DISTRICT, OR KLAMATH COUNTY FIRE DISTRICT #1, OR KLAMATH COUNTY FIRE DISTRICT #3, OR KLAMATH COUNTY FIRE DISTRICT #4, OR KLAMATH COUNTY FIRE DISTRICT #5, OR KLAMATH COUNTY LIBRARY SERVICE DISTRICT, OR KLAMATH COUNTY PREDATORY ANIMAL CONTROL DISTRICT, OR KLAMATH DRAINAGE DISTRICT, OR KLAMATH FALLS FOREST ESTATES SPECIAL ROAD DISTRICT UNIT #2, OR KLAMATH INTEROPERABILITY RADIO GROUP, OR KLAMATH IRRIGATION DISTRICT, OR KLAMATH RIVER ACRES SPECIAL ROAD DISTRICT, OR KLAMATH S.W.C.D., OR KLAMATH VECTOR CONTROL DISTRICT, OR KNAPPA-SVENSEN-BURNSIDE R.F.P.D., OR LA GRANDE CEMETERY MAINTENANCE DISTRICT, OR LA GRANDE R.F.P.D., OR LA PINE PARK & RECREATION DISTRICT, OR LA PINE R.F.P.D., OR LABISH VILLAGE SEWAGE & DRAINAGE, OR LACOMB IRRIGATION DISTRICT, OR LAFAYETTE AIRPORT COMMISSION, LA LAFOURCHE PARISH HEALTH UNIT – DHH-OPH REGION 3 LAIDLAW WATER DISTRICT, OR LAKE CHINOOK FIRE & RESCUE, OR LAKE COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR LAKE COUNTY LIBRARY DISTRICT, OR LAKE CREEK R.F.P.D. - JACKSON, OR LAKE CREEK R.F.P.D. - LANE COUNTY, OR LAKE DISTRICT HOSPITAL, OR LAKE GROVE R.F.P.D. NO. 57, OR LAKE GROVE WATER DISTRICT, OR LAKE LABISH WATER CONTROL DISTRICT, OR LAKE POINT SPECIAL ROAD DISTRICT, OR LAKESIDE R.F.P.D. #4, OR LAKESIDE WATER DISTRICT, OR LAKEVIEW R.F.P.D., OR LAKEVIEW S.W.C.D., OR LAMONTAI IMPROVEMENT DISTRICT, OR LANE FIRE AUTHORITY, OR LANE LIBRARY DISTRICT, OR LANE TRANSIT DISTRICT, OR LANGELL VALLEY IRRIGATION DISTRICT, OR LANGLOIS PUBLIC LIBRARY, OR LANGLOIS R.F.P.D., OR LANGLOIS WATER DISTRICT, OR LAZY RIVER SPECIAL ROAD DISTRICT, OR LEBANON AQUATIC DISTRICT, OR LEBANON R.F.P.D., OR LEWIS & CLARK R.F.P.D., OR LINCOLN COUNTY LIBRARY DISTRICT, OR LINCOLN S.W.C.D., OR LINN COUNTY EMERGENCY TELEPHONE AGENCY, OR LINN S.W.C.D., OR LITTLE MUDDY CREEK WATER CONTROL, OR LITTLE NESTUCCA DRAINAGE DISTRICT, OR LITTLE SWITZERLAND SPECIAL ROAD DISTRICT, OR LONE PINE IRRIGATION DISTRICT, OR
LONG PRAIRIE WATER DISTRICT, OR LOOKINGGLASS OLALLA WATER CONTROL DISTRICT, OR LOOKINGGLASS RURAL FIRE DISTRICT, OR LORANE R.F.P.D., OR LOST & BOULDER DITCH IMPROVEMENT DISTRICT, OR LOST CREEK PARK SPECIAL ROAD DISTRICT, OR LOUISIANA PUBLIC SERVICE COMMISSION, LA LOUISIANA WATER WORKS LOWELL R.F.P.D., OR LOWER MCKAY CREEK R.F.P.D., OR LOWER MCKAY CREEK WATER CONTROL DISTRICT, OR LOWER POWDER RIVER IRRIGATION DISTRICT, OR LOWER SILETZ WATER DISTRICT, OR LOWER UMPQUA HOSPITAL DISTRICT, OR LOWER UMPQUA PARK & RECREATION DISTRICT, OR LOWER VALLEY WATER IMPROVEMENT DISTRICT, OR LUCE LONG DITCH DISTRICT IMPROVEMENT CO., OR LUSTED WATER DISTRICT, OR LYONS R.F.P.D., OR LYONS-MEHAMA WATER DISTRICT, OR MADRAS AQUATIC CENTER DISTRICT, OR MAKAI SPECIAL ROAD DISTRICT, OR MALHEUR COUNTY S.W.C.D., OR MALHEUR COUNTY VECTOR CONTROL DISTRICT, OR MALHEUR DISTRICT IMPROVEMENT COMPANY, OR MALHEUR DRAINAGE DISTRICT, OR MALHEUR MEMORIAL HEALTH DISTRICT, OR MALIN COMMUNITY CEMETERY MAINTENANCE DISTRICT, OR MALIN COMMUNITY PARK & RECREATION DISTRICT, OR MALIN IRRIGATION DISTRICT, OR MALIN R.F.P.D., OR MAPLETON FIRE DEPARTMENT, OR MAPLETON WATER DISTRICT, OR MARCOLA WATER DISTRICT, OR MARION COUNTY EXTENSION & 4H SERVICE DISTRICT, OR MARION COUNTY FIRE DISTRICT #1, OR MARION JACK IMPROVEMENT DISTRICT, OR MARION S.W.C.D., OR MARY'S RIVER ESTATES ROAD DISTRICT, OR MCDONALD FOREST ESTATES SPECIAL ROAD DISTRICT, OR MCKAY ACRES IMPROVEMENT DISTRICT, OR MCKAY DAM R.F.P.D. # 7-410, OR MCKENZIE FIRE & RESCUE, OR MCKENZIE PALISADES WATER SUPPLY CORPORATION, OR MCMINNVILLE R.F.P.D., OR MCNULTY WATER P.U.D., OR MEADOWS DRAINAGE DISTRICT, OR MEDFORD IRRIGATION DISTRICT, OR MEDFORD R.F.P.D. #2, OR MEDFORD WATER COMMISSION MEDICAL SPRINGS R.F.P.D., OR MELHEUR COUNTY JAIL, OR MERLIN COMMUNITY PARK DISTRICT, OR MERRILL CEMETERY MAINTENANCE DISTRICT, OR MERRILL PARK DISTRICT, OR MERRILL R.F.P.D., OR METRO REGIONAL GOVERNMENT
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METRO REGIONAL PARKS METROPOLITAN EXPOSITION RECREATION COMMISSION METROPOLITAN SERVICE DISTRICT (METRO) MID COUNTY CEMETERY MAINTENANCE DISTRICT, OR MID-COLUMBIA FIRE AND RESCUE, OR MIDDLE FORK IRRIGATION DISTRICT, OR MIDLAND COMMUNITY PARK, OR MIDLAND DRAINAGE IMPROVEMENT DISTRICT, OR MILES CROSSING SANITARY SEWER DISTRICT, OR MILL CITY R.F.P.D. #2-303, OR MILL FOUR DRAINAGE DISTRICT, OR MILLICOMA RIVER PARK & RECREATION DISTRICT, OR MILLINGTON R.F.P.D. #5, OR MILO VOLUNTEER FIRE DEPARTMENT, OR MILTON-FREEWATER AMBULANCE SERVICE AREA HEALTH DISTRICT, OR MILTON-FREEWATER WATER CONTROL DISTRICT, OR MIROCO SPECIAL ROAD DISTRICT, OR MIST-BIRKENFELD R.F.P.D., OR MODOC POINT IRRIGATION DISTRICT, OR MODOC POINT SANITARY DISTRICT, OR MOHAWK VALLEY R.F.P.D., OR MOLALLA AQUATIC DISTRICT, OR MOLALLA R.F.P.D. #73, OR MONITOR R.F.P.D., OR MONROE R.F.P.D., OR MONUMENT CEMETERY MAINTENANCE DISTRICT, OR MONUMENT S.W.C.D., OR MOOREA DRIVE SPECIAL ROAD DISTRICT, OR MORO R.F.P.D., OR MORROW COUNTY HEALTH DISTRICT, OR MORROW COUNTY UNIFIED RECREATION DISTRICT, OR MORROW S.W.C.D., OR MOSIER FIRE DISTRICT, OR MOUNTAIN DRIVE SPECIAL ROAD DISTRICT, OR MT. ANGEL R.F.P.D., OR MT. HOOD IRRIGATION DISTRICT, OR MT. LAKI CEMETERY DISTRICT, OR MT. VERNON R.F.P.D., OR MULINO WATER DISTRICT #1, OR MULTNOMAH COUNTY DRAINAGE DISTRICT #1, OR MULTNOMAH COUNTY R.F.P.D. #10, OR MULTNOMAH COUNTY R.F.P.D. #14, OR MULTNOMAH EDUCATION SERVICE DISTRICT MYRTLE CREEK R.F.P.D., OR NEAH-KAH-NIE WATER DISTRICT, OR NEDONNA R.F.P.D., OR NEHALEM BAY FIRE AND RESCUE, OR NEHALEM BAY HEALTH DISTRICT, OR NEHALEM BAY WASTEWATER AGENCY, OR NESIKA BEACH-OPHIR WATER DISTRICT, OR NESKOWIN REGIONAL SANITARY AUTHORITY, OR NESKOWIN REGIONAL WATER DISTRICT, OR NESTUCCA R.F.P.D., OR NETARTS WATER DISTRICT, OR NETARTS-OCEANSIDE R.F.P.D., OR NETARTS-OCEANSIDE SANITARY DISTRICT, OR NEW BRIDGE WATER SUPPLY DISTRICT, OR NEW CARLTON FIRE DISTRICT, OR NEW ORLEANS REDEVELOPMENT AUTHORITY, LA NEW PINE CREEK R.F.P.D., OR NEWBERG R.F.P.D., OR NEWBERRY ESTATES SPECIAL ROAD DISTRICT, OR
NEWPORT R.F.P.D., OR NEWT YOUNG DITCH DISTRICT IMPROVEMENT COMPANY, OR NORTH ALBANY R.F.P.D., OR NORTH BAY R.F.P.D. #9, OR NORTH CLACKAMAS PARKS & RECREATION DISTRICT, OR NORTH COUNTY RECREATION DISTRICT, OR NORTH DOUGLAS COUNTY FIRE & EMS, OR NORTH DOUGLAS PARK & RECREATION DISTRICT, OR NORTH GILLIAM COUNTY HEALTH DISTRICT, OR NORTH GILLIAM COUNTY R.F.P.D., OR NORTH LAKE HEALTH DISTRICT, OR NORTH LEBANON WATER CONTROL DISTRICT, OR NORTH LINCOLN FIRE & RESCUE DISTRICT #1, OR NORTH LINCOLN HEALTH DISTRICT, OR NORTH MORROW VECTOR CONTROL DISTRICT, OR NORTH SHERMAN COUNTY R.F.P.D, OR NORTH UNIT IRRIGATION DISTRICT, OR NORTHEAST OREGON HOUSING AUTHORITY, OR NORTHEAST WHEELER COUNTY HEALTH DISTRICT, OR NORTHERN WASCO COUNTY P.U.D., OR NORTHERN WASCO COUNTY PARK & RECREATION DISTRICT, OR NYE DITCH USERS DISTRICT IMPROVEMENT, OR NYSSA ROAD ASSESSMENT DISTRICT #2, OR NYSSA RURAL FIRE DISTRICT, OR NYSSA-ARCADIA DRAINAGE DISTRICT, OR OAK LODGE WATER SERVICES, OR OAKLAND R.F.P.D., OR OAKVILLE COMMUNITY CENTER, OR OCEANSIDE WATER DISTRICT, OR OCHOCO IRRIGATION DISTRICT, OR OCHOCO WEST WATER AND SANITARY AUTHORITY, OR ODELL SANITARY DISTRICT, OR OLD OWYHEE DITCH IMPROVEMENT DISTRICT, OR OLNEY-WALLUSKI FIRE & RESCUE DISTRICT, OR ONTARIO LIBRARY DISTRICT, OR ONTARIO R.F.P.D., OR OPHIR R.F.P.D., OR OREGON COAST COMMUNITY ACTION OREGON HOUSING AND COMMUNITY SERVICES OREGON INTERNATIONAL PORT OF COOS BAY, OR OREGON LEGISLATIVE ADMINISTRATION OREGON OUTBACK R.F.P.D., OR OREGON POINT, OR OREGON TRAIL LIBRARY DISTRICT, OR OTTER ROCK WATER DISTRICT, OR OWW UNIT #2 SANITARY DISTRICT, OR OWYHEE CEMETERY MAINTENANCE DISTRICT, OR OWYHEE IRRIGATION DISTRICT, OR PACIFIC CITY JOINT WATER-SANITARY AUTHORITY, OR PACIFIC COMMUNITIES HEALTH DISTRICT, OR PACIFIC RIVIERA #3 SPECIAL ROAD DISTRICT, OR PALATINE HILL WATER DISTRICT, OR PALMER CREEK WATER DISTRICT IMPROVEMENT COMPANY, OR PANORAMIC ACCESS SPECIAL ROAD DISTRICT, OR PANTHER CREEK ROAD DISTRICT, OR PANTHER CREEK WATER DISTRICT, OR PARKDALE R.F.P.D., OR PARKDALE SANITARY DISTRICT, OR PENINSULA DRAINAGE DISTRICT #1, OR PENINSULA DRAINAGE DISTRICT #2, OR PHILOMATH FIRE AND RESCUE, OR
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PILOT ROCK CEMETERY MAINTENANCE DISTRICT #5, OR PILOT ROCK PARK & RECREATION DISTRICT, OR PILOT ROCK R.F.P.D., OR PINE EAGLE HEALTH DISTRICT, OR PINE FLAT DISTRICT IMPROVEMENT COMPANY, OR PINE GROVE IRRIGATION DISTRICT, OR PINE GROVE WATER DISTRICT-KLAMATH FALLS, OR PINE GROVE WATER DISTRICT-MAUPIN, OR PINE VALLEY CEMETERY DISTRICT, OR PINE VALLEY R.F.P.D., OR PINEWOOD COUNTRY ESTATES SPECIAL ROAD DISTRICT, OR PIONEER DISTRICT IMPROVEMENT COMPANY, OR PISTOL RIVER CEMETERY MAINTENANCE DISTRICT, OR PISTOL RIVER FIRE DISTRICT, OR PLEASANT HILL R.F.P.D., OR PLEASANT HOME WATER DISTRICT, OR POCAHONTAS MINING AND IRRIGATION DISTRICT, OR POE VALLEY IMPROVEMENT DISTRICT, OR POE VALLEY PARK & RECREATION DISTRICT, OR POE VALLEY VECTOR CONTROL DISTRICT, OR POLK COUNTY FIRE DISTRICT #1, OR POLK S.W.C.D., OR POMPADOUR WATER IMPROVEMENT DISTRICT, OR PONDEROSA PINES EAST SPECIAL ROAD DISTRICT, OR PORT OF ALSEA, OR PORT OF ARLINGTON, OR PORT OF ASTORIA, OR PORT OF BANDON, OR PORT OF BRANDON, OR PORT OF BROOKINGS HARBOR, OR PORT OF CASCADE LOCKS, OR PORT OF COQUILLE RIVER, OR PORT OF GARIBALDI, OR PORT OF GOLD BEACH, OR PORT OF HOOD RIVER, OR PORT OF MORGAN CITY, LA PORT OF MORROW, OR PORT OF NEHALEM, OR PORT OF NEWPORT, OR PORT OF PORT ORFORD, OR PORT OF PORTLAND, OR PORT OF SIUSLAW, OR PORT OF ST. HELENS, OR PORT OF THE DALLES, OR PORT OF TILLAMOOK BAY, OR PORT OF TOLEDO, OR PORT OF UMATILLA, OR PORT OF UMPQUA, OR PORT ORFORD CEMETERY MAINTENANCE DISTRICT, OR PORT ORFORD PUBLIC LIBRARY DISTRICT, OR PORT ORFORD R.F.P.D., OR PORTLAND DEVELOPMENT COMMISSION, OR PORTLAND FIRE AND RESCUE PORTLAND HOUSING CENTER, OR POWDER R.F.P.D., OR POWDER RIVER R.F.P.D., OR POWDER VALLEY WATER CONTROL DISTRICT, OR POWERS HEALTH DISTRICT, OR PRAIRIE CEMETERY MAINTENANCE DISTRICT, OR PRINEVILLE LAKE ACRES SPECIAL ROAD DISTRICT #1, OR PROSPECT R.F.P.D., OR
QUAIL VALLEY PARK IMPROVEMENT DISTRICT, OR QUEENER IRRIGATION IMPROVEMENT DISTRICT, OR RAINBOW WATER DISTRICT, OR RAINIER CEMETERY DISTRICT, OR RAINIER DRAINAGE IMPROVEMENT COMPANY, OR RALEIGH WATER DISTRICT, OR REDMOND AREA PARK & RECREATION DISTRICT, OR REDMOND FIRE AND RESCUE, OR RIDDLE FIRE PROTECTION DISTRICT, OR RIDGEWOOD DISTRICT IMPROVEMENT COMPANY, OR RIDGEWOOD ROAD DISTRICT, OR RIETH SANITARY DISTRICT, OR RIETH WATER DISTRICT, OR RIMROCK WEST IMPROVEMENT DISTRICT, OR RINK CREEK WATER DISTRICT, OR RIVER BEND ESTATES SPECIAL ROAD DISTRICT, OR RIVER FOREST ACRES SPECIAL ROAD DISTRICT, OR RIVER MEADOWS IMPROVEMENT DISTRICT, OR RIVER PINES ESTATES SPECIAL ROAD DISTRICT, OR RIVER ROAD PARK & RECREATION DISTRICT, OR RIVER ROAD WATER DISTRICT, OR RIVERBEND RIVERBANK WATER IMPROVEMENT DISTRICT, OR RIVERDALE R.F.P.D. 11-JT, OR RIVERGROVE WATER DISTRICT, OR RIVERSIDE MISSION WATER CONTROL DISTRICT, OR RIVERSIDE R.F.P.D. #7-406, OR RIVERSIDE WATER DISTRICT, OR ROBERTS CREEK WATER DISTRICT, OR ROCK CREEK DISTRICT IMPROVEMENT, OR ROCK CREEK WATER DISTRICT, OR ROCKWOOD WATER P.U.D., OR ROCKY POINT FIRE & EMS, OR ROGUE RIVER R.F.P.D., OR ROGUE RIVER VALLEY IRRIGATION DISTRICT, OR ROGUE VALLEY SEWER SERVICES, OR ROGUE VALLEY SEWER, OR ROGUE VALLEY TRANSPORTATION DISTRICT, OR ROSEBURG URBAN SANITARY AUTHORITY, OR ROSEWOOD ESTATES ROAD DISTRICT, OR ROW RIVER VALLEY WATER DISTRICT, OR RURAL ROAD ASSESSMENT DISTRICT #3, OR RURAL ROAD ASSESSMENT DISTRICT #4, OR SAINT LANDRY PARISH TOURIST COMMISSION SAINT MARY PARISH REC DISTRICT 2 SAINT MARY PARISH REC DISTRICT 3 SAINT TAMMANY FIRE DISTRICT 4, LA SALEM AREA MASS TRANSIT DISTRICT, OR SALEM MASS TRANSIT DISTRICT SALEM SUBURBAN R.F.P.D., OR SALISHAN SANITARY DISTRICT, OR SALMON RIVER PARK SPECIAL ROAD DISTRICT, OR SALMON RIVER PARK WATER IMPROVEMENT DISTRICT, OR SALMONBERRY TRAIL INTERGOVERNMENTAL AGENCY, OR SANDPIPER VILLAGE SPECIAL ROAD DISTRICT, OR SANDY DRAINAGE IMPROVEMENT COMPANY, OR SANDY R.F.P.D. #72, OR SANTA CLARA R.F.P.D., OR SANTA CLARA WATER DISTRICT, OR SANTIAM WATER CONTROL DISTRICT, OR SAUVIE ISLAND DRAINAGE IMPROVEMENT COMPANY, OR
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SAUVIE ISLAND VOLUNTEER FIRE DISTRICT #30J, OR SCAPPOOSE DRAINAGE IMPROVEMENT COMPANY, OR SCAPPOOSE PUBLIC LIBRARY DISTRICT, OR SCAPPOOSE R.F.P.D., OR SCIO R.F.P.D., OR SCOTTSBURG R.F.P.D., OR SEAL ROCK R.F.P.D., OR SEAL ROCK WATER DISTRICT, OR SEWERAGE AND WATER BOARD OF NEW ORLEANS, LA SHANGRI-LA WATER DISTRICT, OR SHASTA VIEW IRRIGATION DISTRICT, OR SHELLEY ROAD CREST ACRES WATER DISTRICT, OR SHERIDAN FIRE DISTRICT, OR SHERMAN COUNTY HEALTH DISTRICT, OR SHERMAN COUNTY S.W.C.D., OR SHORELINE SANITARY DISTRICT, OR SILETZ KEYS SANITARY DISTRICT, OR SILETZ R.F.P.D., OR SILVER FALLS LIBRARY DISTRICT, OR SILVER LAKE IRRIGATION DISTRICT, OR SILVER LAKE R.F.P.D., OR SILVER SANDS SPECIAL ROAD DISTRICT, OR SILVERTON R.F.P.D. NO. 2, OR SISTERS PARKS & RECREATION DISTRICT, OR SISTERS-CAMP SHERMAN R.F.P.D., OR SIUSLAW PUBLIC LIBRARY DISTRICT, OR SIUSLAW S.W.C.D., OR SIUSLAW VALLEY FIRE AND RESCUE, OR SIXES R.F.P.D., OR SKIPANON WATER CONTROL DISTRICT, OR SKYLINE VIEW DISTRICT IMPROVEMENT COMPANY, OR SLEEPY HOLLOW WATER DISTRICT, OR SMITH DITCH DISTRICT IMPROVEMENT COMPANY, OR SOUTH CLACKAMAS TRANSPORTATION DISTRICT, OR SOUTH COUNTY HEALTH DISTRICT, OR SOUTH FORK WATER BOARD, OR SOUTH GILLIAM COUNTY CEMETERY DISTRICT, OR SOUTH GILLIAM COUNTY HEALTH DISTRICT, OR SOUTH GILLIAM COUNTY R.F.P.D. VI-301, OR SOUTH LAFOURCHE LEVEE DISTRICT, LA SOUTH LANE COUNTY FIRE & RESCUE, OR SOUTH SANTIAM RIVER WATER CONTROL DISTRICT, OR SOUTH SHERMAN FIRE DISTRICT, OR SOUTH SUBURBAN SANITARY DISTRICT, OR SOUTH WASCO PARK & RECREATION DISTRICT, OR SOUTHERN COOS HEALTH DISTRICT, OR SOUTHERN CURRY CEMETERY MAINTENANCE DISTRICT, OR SOUTHVIEW IMPROVEMENT DISTRICT, OR SOUTHWEST LINCOLN COUNTY WATER DISTRICT, OR SOUTHWESTERN POLK COUNTY R.F.P.D., OR SOUTHWOOD PARK WATER DISTRICT, OR SPECIAL ROAD DISTRICT #1, OR SPECIAL ROAD DISTRICT #8, OR SPRING RIVER SPECIAL ROAD DISTRICT, OR SPRINGFIELD UTILITY BOARD, OR ST. PAUL R.F.P.D., OR STANFIELD CEMETERY DISTRICT #6, OR STANFIELD IRRIGATION DISTRICT, OR STARR CREEK ROAD DISTRICT, OR
STARWOOD SANITARY DISTRICT, OR STAYTON FIRE DISTRICT, OR SUBLIMITY FIRE DISTRICT, OR SUBURBAN EAST SALEM WATER DISTRICT, OR SUBURBAN LIGHTING DISTRICT, OR SUCCOR CREEK DISTRICT IMPROVEMENT COMPANY, OR SUMMER LAKE IRRIGATION DISTRICT, OR SUMMERVILLE CEMETERY MAINTENANCE DISTRICT, OR SUMNER R.F.P.D., OR SUN MOUNTAIN SPECIAL ROAD DISTRICT, OR SUNDOWN SANITATION DISTRICT, OR SUNFOREST ESTATES SPECIAL ROAD DISTRICT, OR SUNNYSIDE IRRIGATION DISTRICT, OR SUNRISE WATER AUTHORITY, OR SUNRIVER SERVICE DISTRICT, OR SUNSET EMPIRE PARK & RECREATION DISTRICT, OR SUNSET EMPIRE TRANSPORTATION DISTRICT, OR SURFLAND ROAD DISTRICT, OR SUTHERLIN VALLEY RECREATION DISTRICT, OR SUTHERLIN WATER CONTROL DISTRICT, OR SWALLEY IRRIGATION DISTRICT, OR SWEET HOME CEMETERY MAINTENANCE DISTRICT, OR SWEET HOME FIRE & AMBULANCE DISTRICT, OR SWISSHOME-DEADWOOD R.F.P.D., OR TABLE ROCK DISTRICT IMPROVEMENT COMPANY, OR TALENT IRRIGATION DISTRICT, OR TANGENT R.F.P.D., OR TENMILE R.F.P.D., OR TERREBONNE DOMESTIC WATER DISTRICT, OR THE DALLES IRRIGATION DISTRICT, OR THOMAS CREEK-WESTSIDE R.F.P.D., OR THREE RIVERS RANCH ROAD DISTRICT, OR THREE SISTERS IRRIGATION DISTRICT, OR TIGARD TUALATIN AQUATIC DISTRICT, OR TIGARD WATER DISTRICT, OR TILLAMOOK BAY FLOOD IMPROVEMENT DISTRICT, OR TILLAMOOK COUNTY EMERGENCY COMMUNICATIONS DISTRICT, OR TILLAMOOK COUNTY S.W.C.D., OR TILLAMOOK COUNTY TRANSPORTATION DISTRICT, OR TILLAMOOK FIRE DISTRICT, OR TILLAMOOK P.U.D., OR TILLER R.F.P.D., OR TOBIN DITCH DISTRICT IMPROVEMENT COMPANY, OR TOLEDO R.F.P.D., OR TONE WATER DISTRICT, OR TOOLEY WATER DISTRICT, OR TRASK DRAINAGE DISTRICT, OR TRI CITY R.F.P.D. #4, OR TRI-CITY WATER & SANITARY AUTHORITY, OR TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TRIMET, OR TUALATIN HILLS PARK & RECREATION DISTRICT TUALATIN HILLS PARK & RECREATION DISTRICT, OR TUALATIN S.W.C.D., OR TUALATIN VALLEY FIRE & RESCUE TUALATIN VALLEY FIRE & RESCUE, OR TUALATIN VALLEY IRRIGATION DISTRICT, OR TUALATIN VALLEY WATER DISTRICT
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TUALATIN VALLEY WATER DISTRICT, OR TUMALO IRRIGATION DISTRICT, OR TURNER FIRE DISTRICT, OR TWIN ROCKS SANITARY DISTRICT, OR TWO RIVERS NORTH SPECIAL ROAD DISTRICT, OR TWO RIVERS S.W.C.D., OR TWO RIVERS SPECIAL ROAD DISTRICT, OR TYGH VALLEY R.F.P.D., OR TYGH VALLEY WATER DISTRICT, OR UMATILLA COUNTY FIRE DISTRICT #1, OR UMATILLA COUNTY S.W.C.D., OR UMATILLA COUNTY SPECIAL LIBRARY DISTRICT, OR UMATILLA HOSPITAL DISTRICT, OR UMATILLA R.F.P.D. #7-405, OR UMATILLA-MORROW RADIO AND DATA DISTRICT, OR UMPQUA S.W.C.D., OR UNION CEMETERY MAINTENANCE DISTRICT, OR UNION COUNTY SOLID WASTE DISPOSAL DISTRICT, OR UNION COUNTY VECTOR CONTROL DISTRICT, OR UNION GAP SANITARY DISTRICT, OR UNION GAP WATER DISTRICT, OR UNION HEALTH DISTRICT, OR UNION R.F.P.D., OR UNION S.W.C.D., OR UNITY COMMUNITY PARK & RECREATION DISTRICT, OR UPPER CLEVELAND RAPIDS ROAD DISTRICT, OR UPPER MCKENZIE R.F.P.D., OR UPPER WILLAMETTE S.W.C.D., OR VALE OREGON IRRIGATION DISTRICT, OR VALE RURAL FIRE PROTECTION DISTRICT, OR VALLEY ACRES SPECIAL ROAD DISTRICT, OR VALLEY VIEW CEMETERY MAINTENANCE DISTRICT, OR VALLEY VIEW WATER DISTRICT, OR VANDEVERT ACRES SPECIAL ROAD DISTRICT, OR VERNONIA R.F.P.D., OR VINEYARD MOUNTAIN PARK & RECREATION DISTRICT, OR VINEYARD MOUNTAIN SPECIAL ROAD DISTRICT, OR WALLA WALLA RIVER IRRIGATION DISTRICT, OR WALLOWA COUNTY HEALTH CARE DISTRICT, OR WALLOWA LAKE COUNTY SERVICE DISTRICT, OR WALLOWA LAKE IRRIGATION DISTRICT, OR WALLOWA LAKE R.F.P.D., OR WALLOWA S.W.C.D., OR WALLOWA VALLEY IMPROVEMENT DISTRICT #1, OR WAMIC R.F.P.D., OR WAMIC WATER & SANITARY AUTHORITY, OR WARMSPRINGS IRRIGATION DISTRICT, OR WASCO COUNTY S.W.C.D., OR WATER ENVIRONMENT SERVICES, OR WATER WONDERLAND IMPROVEMENT DISTRICT, OR WATERBURY & ALLEN DITCH IMPROVEMENT DISTRICT, OR WATSECO-BARVIEW WATER DISTRICT, OR WAUNA WATER DISTRICT, OR WEDDERBURN SANITARY DISTRICT, OR WEST EAGLE VALLEY WATER CONTROL DISTRICT, OR WEST EXTENSION IRRIGATION DISTRICT, OR WEST LABISH DRAINAGE & WATER CONTROL IMPROVEMENT DISTRICT, OR
WEST MULTNOMAH S.W.C.D., OR WEST SIDE R.F.P.D., OR WEST SLOPE WATER DISTRICT, OR WEST UMATILLA MOSQUITO CONTROL DISTRICT, OR WEST VALLEY FIRE DISTRICT, OR WESTERN HEIGHTS SPECIAL ROAD DISTRICT, OR WESTERN LANE AMBULANCE DISTRICT, OR WESTLAND IRRIGATION DISTRICT, OR WESTON ATHENA MEMORIAL HALL PARK & RECREATION DISTRICT, OR WESTON CEMETERY DISTRICT #2, OR WESTPORT FIRE AND RESCUE, OR WESTRIDGE WATER SUPPLY CORPORATION, OR WESTWOOD HILLS ROAD DISTRICT, OR WESTWOOD VILLAGE ROAD DISTRICT, OR WHEELER S.W.C.D., OR WHITE RIVER HEALTH DISTRICT, OR WIARD MEMORIAL PARK DISTRICT, OR WICKIUP WATER DISTRICT, OR WILLAKENZIE R.F.P.D., OR WILLAMALANE PARK & RECREATION DISTRICT, OR WILLAMALANE PARK AND RECREATION DISTRICT WILLAMETTE HUMANE SOCIETY WILLAMETTE RIVER WATER COALITION, OR WILLIAMS R.F.P.D., OR WILLOW CREEK PARK DISTRICT, OR WILLOW DALE WATER DISTRICT, OR WILSON RIVER WATER DISTRICT, OR WINCHESTER BAY R.F.P.D., OR WINCHESTER BAY SANITARY DISTRICT, OR WINCHUCK R.F.P.D., OR WINSTON-DILLARD R.F.P.D., OR WINSTON-DILLARD WATER DISTRICT, OR WOLF CREEK R.F.P.D., OR WOOD RIVER DISTRICT IMPROVEMENT COMPANY, OR WOODBURN R.F.P.D. NO. 6, OR WOODLAND PARK SPECIAL ROAD DISTRICT, OR WOODS ROAD DISTRICT, OR WRIGHT CREEK ROAD WATER IMPROVEMENT DISTRICT, OR WY'EAST FIRE DISTRICT, OR YACHATS R.F.P.D., OR YAMHILL COUNTY TRANSIT AREA, OR YAMHILL FIRE PROTECTION DISTRICT, OR YAMHILL SWCD, OR YONCALLA PARK & RECREATION DISTRICT, OR YOUNGS RIVER-LEWIS & CLARK WATER DISTRICT, OR ZUMWALT R.F.P.D., OR
K-12 INCLUDING BUT NOT LIMITED TO:ACADIA PARISH SCHOOL BOARD BEAVERTON SCHOOL DISTRICT BEND-LA PINE SCHOOL DISTRICT BOGALUSA HIGH SCHOOL, LA BOSSIER PARISH SCHOOL BOARD BROOKING HARBOR SCHOOL DISTRICT CADDO PARISH SCHOOL DISTRICT CALCASIEU PARISH SCHOOL DISTRICT CANBY SCHOOL DISTRICT CANYONVILLE CHRISTIAN ACADEMY CASCADE SCHOOL DISTRICT CASCADES ACADEMY OF CENTRAL OREGON CENTENNIAL SCHOOL DISTRICT CENTRAL CATHOLIC HIGH SCHOOL CENTRAL POINT SCHOOL DISTRICT NO.6
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CENTRAL SCHOOL DISTRICT 13J COOS BAY SCHOOL DISTRICT NO.9 CORVALLIS SCHOOL DISTRICT 509J COUNTY OF YAMHILL SCHOOL DISTRICT 29 CULVER SCHOOL DISTRICT DALLAS SCHOOL DISTRICT NO.2 DAVID DOUGLAS SCHOOL DISTRICT DAYTON SCHOOL DISTRICT NO.8 DE LA SALLE N CATHOLIC HS DESCHUTES COUNTY SCHOOL DISTRICT NO.6 DOUGLAS EDUCATIONAL DISTRICT SERVICE DUFUR SCHOOL DISTRICT NO.29 EAST BATON ROUGE PARISH SCHOOL DISTRICT ESTACADA SCHOOL DISTRICT NO.10B FOREST GROVE SCHOOL DISTRICT GEORGE MIDDLE SCHOOL GLADSTONE SCHOOL DISTRICT GRANTS PASS SCHOOL DISTRICT 7 GREATER ALBANY PUBLIC SCHOOL DISTRICT GRESHAM BARLOW JOINT SCHOOL DISTRICT HEAD START OF LANE COUNTY HIGH DESERT EDUCATION SERVICE DISTRICT HILLSBORO SCHOOL DISTRICT HOOD RIVER COUNTY SCHOOL DISTRICT JACKSON CO SCHOOL DIST NO.9 JEFFERSON COUNTY SCHOOL DISTRICT 509-J JEFFERSON PARISH SCHOOL DISTRICT JEFFERSON SCHOOL DISTRICT JUNCTION CITY SCHOOLS, OR KLAMATH COUNTY SCHOOL DISTRICT KLAMATH FALLS CITY SCHOOLS LAFAYETTE PARISH SCHOOL DISTRICT LAKE OSWEGO SCHOOL DISTRICT 7J LANE COUNTY SCHOOL DISTRICT 4J LINCOLN COUNTY SCHOOL DISTRICT LINN CO. SCHOOL DIST. 95C LIVINGSTON PARISH SCHOOL DISTRICT LOST RIVER JR/SR HIGH SCHOOL LOWELL SCHOOL DISTRICT NO.71 MARION COUNTY SCHOOL DISTRICT MARION COUNTY SCHOOL DISTRICT 103 MARIST HIGH SCHOOL, OR MCMINNVILLE SCHOOL DISTRICT NOAO MEDFORD SCHOOL DISTRICT 549C MITCH CHARTER SCHOOL MONROE SCHOOL DISTRICT NO.1J MORROW COUNTY SCHOOL DIST, OR MULTNOMAH EDUCATION SERVICE DISTRICT MULTISENSORY LEARNING ACADEMY MYRTLE PINT SCHOOL DISTRICT 41 NEAH-KAH-NIE DISTRICT NO.56 NEWBERG PUBLIC SCHOOLS NESTUCCA VALLEY SCHOOL DISTRICT NO.101 NOBEL LEARNING COMMUNITIES NORTH BEND SCHOOL DISTRICT 13 NORTH CLACKAMAS SCHOOL DISTRICT NORTH DOUGLAS SCHOOL DISTRICT NORTH WASCO CITY SCHOOL DISTRICT 21 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT ONTARIO MIDDLE SCHOOL OREGON TRAIL SCHOOL DISTRICT NOA6 ORLEANS PARISH SCHOOL DISTRICT PHOENIX-TALENT SCHOOL DISTRICT NOA PLEASANT HILL SCHOOL DISTRICT PORTLAND JEWISH ACADEMY PORTLAND PUBLIC SCHOOLS RAPIDES PARISH SCHOOL DISTRICT REDMOND SCHOOL DISTRICT
REYNOLDS SCHOOL DISTRICT ROGUE RIVER SCHOOL DISTRICT ROSEBURG PUBLIC SCHOOLS SCAPPOOSE SCHOOL DISTRICT 1J SAINT TAMMANY PARISH SCHOOL BOARD, LA SEASIDE SCHOOL DISTRICT 10 SHERWOOD SCHOOL DISTRICT 88J SILVER FALLS SCHOOL DISTRICT 4J SOUTH LANE SCHOOL DISTRICT 45J3 SOUTHERN OREGON EDUCATION SERVICE DISTRICT SPRINGFIELD PUBLIC SCHOOLS SUTHERLIN SCHOOL DISTRICT SWEET HOME SCHOOL DISTRICT NO.55 TERREBONNE PARISH SCHOOL DISTRICT THE CATLIN GABEL SCHOOL TIGARD-TUALATIN SCHOOL DISTRICT UMATILLA MORROW ESD WEST LINN WILSONVILLE SCHOOL DISTRICT WILLAMETTE EDUCATION SERVICE DISTRICT WOODBURN SCHOOL DISTRICT YONCALLA SCHOOL DISTRICT ACADEMY FOR MATH ENGINEERING & SCIENCE (AMES), UT ALIANZA ACADEMY, UT ALPINE DISTRICT, UT AMERICAN LEADERSHIP ACADEMY, UT AMERICAN PREPARATORY ACADEMY, UT BAER CANYON HIGH SCHOOL FOR SPORTS & MEDICAL SCIENCES, UT BEAR RIVER CHARTER SCHOOL, UT BEAVER SCHOOL DISTRICT, UT BEEHIVE SCIENCE & TECHNOLOGY ACADEMY (BSTA) , UT BOX ELDER SCHOOL DISTRICT, UT CBA CENTER, UT CACHE SCHOOL DISTRICT, UT CANYON RIM ACADEMY, UT CANYONS DISTRICT, UT CARBON SCHOOL DISTRICT, UT CHANNING HALL, UT CHARTER SCHOOL LEWIS ACADEMY, UT CITY ACADEMY, UT DAGGETT SCHOOL DISTRICT, UT DAVINCI ACADEMY, UT DAVIS DISTRICT, UT DUAL IMMERSION ACADEMY, UT DUCHESNE SCHOOL DISTRICT, UT EARLY LIGHT ACADEMY AT DAYBREAK, UT EAST HOLLYWOOD HIGH, UT EDITH BOWEN LABORATORY SCHOOL, UT EMERSON ALCOTT ACADEMY, UT EMERY SCHOOL DISTRICT, UT ENTHEOS ACADEMY, UT EXCELSIOR ACADEMY, UT FAST FORWARD HIGH, UT FREEDOM ACADEMY, UT GARFIELD SCHOOL DISTRICT, UT GATEWAY PREPARATORY ACADEMY, UT GEORGE WASHINGTON ACADEMY, UT GOOD FOUNDATION ACADEMY, UT GRAND SCHOOL DISTRICT, UT GRANITE DISTRICT, UT GUADALUPE SCHOOL, UT HAWTHORN ACADEMY, UT INTECH COLLEGIATE HIGH SCHOOL, UT IRON SCHOOL DISTRICT, UT ITINERIS EARLY COLLEGE HIGH, UT JOHN HANCOCK CHARTER SCHOOL, UT
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JORDAN DISTRICT, UT JUAB SCHOOL DISTRICT, UT KANE SCHOOL DISTRICT, UT KARL G MAESER PREPARATORY ACADEMY, UT LAKEVIEW ACADEMY, UT LEGACY PREPARATORY ACADEMY, UT LIBERTY ACADEMY, UT LINCOLN ACADEMY, UT LOGAN SCHOOL DISTRICT, UT MARIA MONTESSORI ACADEMY, UT MERIT COLLEGE PREPARATORY ACADEMY, UT MILLARD SCHOOL DISTRICT, UT MOAB CHARTER SCHOOL, UT MONTICELLO ACADEMY, UT MORGAN SCHOOL DISTRICT, UT MOUNTAINVILLE ACADEMY, UT MURRAY SCHOOL DISTRICT, UT NAVIGATOR POINTE ACADEMY, UT NEBO SCHOOL DISTRICT, UT NO UT ACAD FOR MATH ENGINEERING & SCIENCE (NUAMES), UT NOAH WEBSTER ACADEMY, UT NORTH DAVIS PREPARATORY ACADEMY, UT NORTH SANPETE SCHOOL DISTRICT, UT NORTH STAR ACADEMY, UT NORTH SUMMIT SCHOOL DISTRICT, UT ODYSSEY CHARTER SCHOOL, UT OGDEN PREPARATORY ACADEMY, UT OGDEN SCHOOL DISTRICT, UT OPEN CLASSROOM, UT OPEN HIGH SCHOOL OF UTAH, UT OQUIRRH MOUNTAIN CHARTER SCHOOL, UT PARADIGM HIGH SCHOOL, UT PARK CITY SCHOOL DISTRICT, UT PINNACLE CANYON ACADEMY, UT PIUTE SCHOOL DISTRICT, UT PROVIDENCE HALL, UT PROVO SCHOOL DISTRICT, UT QUAIL RUN PRIMARY SCHOOL, UT QUEST ACADEMY, UT RANCHES ACADEMY, UT REAGAN ACADEMY, UT RENAISSANCE ACADEMY, UT RICH SCHOOL DISTRICT, UT ROCKWELL CHARTER HIGH SCHOOL, UT SALT LAKE ARTS ACADEMY, UT SALT LAKE CENTER FOR SCIENCE EDUCATION, UT SALT LAKE SCHOOL DISTRICT, UT SALT LAKE SCHOOL FOR THE PERFORMING ARTS, UT SAN JUAN SCHOOL DISTRICT, UT SEVIER SCHOOL DISTRICT, UT SOLDIER HOLLOW CHARTER SCHOOL, UT SOUTH SANPETE SCHOOL DISTRICT, UT SOUTH SUMMIT SCHOOL DISTRICT, UT SPECTRUM ACADEMY, UT SUCCESS ACADEMY, UT SUCCESS SCHOOL, UT SUMMIT ACADEMY, UT SUMMIT ACADEMY HIGH SCHOOL, UT SYRACUSE ARTS ACADEMY, UT THOMAS EDISON - NORTH, UT TIMPANOGOS ACADEMY, UT TINTIC SCHOOL DISTRICT, UT TOOELE SCHOOL DISTRICT, UT TUACAHN HIGH SCHOOL FOR THE PERFORMING ARTS, UT UINTAH RIVER HIGH, UT UINTAH SCHOOL DISTRICT, UT
UTAH CONNECTIONS ACADEMY, UT UTAH COUNTY ACADEMY OF SCIENCE, UT UTAH ELECTRONIC HIGH SCHOOL, UT UTAH SCHOOLS FOR DEAF & BLIND, UT UTAH STATE OFFICE OF EDUCATION, UT UTAH VIRTUAL ACADEMY, UT VENTURE ACADEMY, UT VISTA AT ENTRADA SCHOOL OF PERFORMING ARTS AND TECHNOLOGY, UT WALDEN SCHOOL OF LIBERAL ARTS, UT WASATCH PEAK ACADEMY, UT WASATCH SCHOOL DISTRICT, UT WASHINGTON SCHOOL DISTRICT, UT WAYNE SCHOOL DISTRICT, UT WEBER SCHOOL DISTRICT, UT WEILENMANN SCHOOL OF DISCOVERY, UT
HIGHER EDUCATION ARGOSY UNIVERSITY BATON ROUGE COMMUNITY COLLEGE, LA BIRTHINGWAY COLLEGE OF MIDWIFERY BLUE MOUNTAIN COMMUNITY COLLEGE BRIGHAM YOUNG UNIVERSITY - HAWAII CENTRAL OREGON COMMUNITY COLLEGE CENTENARY COLLEGE OF LOUISIANA CHEMEKETA COMMUNITY COLLEGE CLACKAMAS COMMUNITY COLLEGE COLLEGE OF THE MARSHALL ISLANDS COLUMBIA GORGE COMMUNITY COLLEGE CONCORDIA UNIVERSITY GEORGE FOX UNIVERSITY KLAMATH COMMUNITY COLLEGE DISTRICT LANE COMMUNITY COLLEGE LEWIS AND CLARK COLLEGE LINFIELD COLLEGE LINN-BENTON COMMUNITY COLLEGE LOUISIANA COLLEGE, LA LOUISIANA STATE UNIVERSITY LOUISIANA STATE UNIVERSITY HEALTH SERVICES MARYLHURST UNIVERSITY MT. HOOD COMMUNITY COLLEGE MULTNOMAH BIBLE COLLEGE NATIONAL COLLEGE OF NATURAL MEDICINE NORTHWEST CHRISTIAN COLLEGE OREGON HEALTH AND SCIENCE UNIVERSITY OREGON INSTITUTE OF TECHNOLOGY OREGON STATE UNIVERSITY OREGON UNIVERSITY SYSTEM PACIFIC UNIVERSITY PIONEER PACIFIC COLLEGE PORTLAND COMMUNITY COLLEGE PORTLAND STATE UNIVERSITY REED COLLEGE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII ROGUE COMMUNITY COLLEGE SOUTHEASTERN LOUISIANA UNIVERSITY SOUTHERN OREGON UNIVERSITY (OREGON UNIVERSITY SYSTEM) SOUTHWESTERN OREGON COMMUNITY COLLEGE TULANE UNIVERSITY TILLAMOOK BAY COMMUNITY COLLEGE UMPQUA COMMUNITY COLLEGE UNIVERSITY OF HAWAII BOARD OF REGENTS UNIVERSITY OF HAWAII-HONOLULU COMMUNITY COLLEGE UNIVERSITY OF OREGON-GRADUATE SCHOOL UNIVERSITY OF PORTLAND UNIVERSITY OF NEW ORLEANS
Page 77 - Attachment B
WESTERN OREGON UNIVERSITY WESTERN STATES CHIROPRACTIC COLLEGE WILLAMETTE UNIVERSITY XAVIER UNIVERSITY UTAH SYSTEM OF HIGHER EDUCATION, UT UNIVERSITY OF UTAH, UT UTAH STATE UNIVERSITY, UT WEBER STATE UNIVERSITY, UT SOUTHERN UTAH UNIVERSITY, UT SNOW COLLEGE, UT DIXIE STATE COLLEGE, UT COLLEGE OF EASTERN UTAH, UT UTAH VALLEY UNIVERSITY, UT SALT LAKE COMMUNITY COLLEGE, UT UTAH COLLEGE OF APPLIED TECHNOLOGY, UT
STATE AGENCIES ADMIN. SERVICES OFFICE BOARD OF MEDICAL EXAMINERS HAWAII CHILD SUPPORT ENFORCEMENT AGENCY HAWAII DEPARTMENT OF TRANSPORTATION HAWAII HEALTH SYSTEMS CORPORATION OFFICE OF MEDICAL ASSISTANCE PROGRAMS OFFICE OF THE STATE TREASURER OREGON BOARD OF ARCHITECTS OREGON CHILD DEVELOPMENT COALITION OREGON DEPARTMENT OF EDUCATION OREGON DEPARTMENT OF FORESTRY OREGON DEPT OF TRANSPORTATION OREGON DEPT. OF EDUCATION OREGON LOTTERY OREGON OFFICE OF ENERGY OREGON STATE BOARD OF NURSING OREGON STATE DEPT OF CORRECTIONS OREGON STATE POLICE OREGON TOURISM COMMISSION OREGON TRAVEL INFORMATION COUNCIL SANTIAM CANYON COMMUNICATION CENTER SEIU LOCAL 503, OPEU SOH- JUDICIARY CONTRACTS AND PURCH STATE DEPARTMENT OF DEFENSE, STATE OF HAWAII STATE OF HAWAII STATE OF HAWAII, DEPT. OF EDUCATION STATE OF LOUISIANA STATE OF LOUISIANA DEPT. OF EDUCATION STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT ATTORNEY STATE OF UTAH
Page 78 - Attachment B
Line Item Unit $ per Unit
1.00 Roof Management, Design Assistant and/or Professional Services
1.01 Full-time Quality Assurance monitoring DAY
1.02
Asbestos core testing and analysis (testing only, excludes labor for sampling
and repair)EA
1.03
Analysis and evaluation (14” x 14” roof core) (Lab testing only, repairs charged
at roof repair rates for appropriate system type)EA
1.04
Aerial Roof Survey - Roof Pictures & Drawings Including Geometries, Slope,
Calculated Area and Perimeter Measurements EA
1.05
Aerial Wall Survey - Wall Pictures & Drawings Including Geometries, Calculated
Area and Perimeter Measurements EA
1.06 Manufacturer Standing Seam Material Quantity Estimating EA
1.07 Nuclear Moisture Survey, Non destructive roof scan
1.07.01 Non destructive roof scan, up to 20 000 SF EA
1.07.02 Non destructive roof scan, over 20,000 SF SF
1.08 Infrared Moisture Scanning
1.08.01 Non destructive infrared roof scan, up to 20 000 SF EA
1.08.02 Non destructive infrared roof scan, over 20,000 SF SF
1.08.03 Aerial infrared roof scan at night TRIP
1.09 Infrared scanning equipment rental DAY
1.10 Roof investigation (visual roof survey)
1.10.01 Roof Investigation (Roof by Roof), per hour HOUR
1.10.02 Visual Roof Survey (Roof by Roof) up to 20,000 SF EA
1.10.03 Visual Roof Survey (Roof by Roof) over 20,000 SF SF
1.10.04 Visual Roof Survey (Single Campus - All Roof Sections)SF
1.10.05 Visual Roof Survey (Multiple Campuses City-/County-wide - All Roof Sections)SF
1.10.06 Visual Roof Survey (Multiple Campuses State-wide - All Roof Sections)SF
1.10.07 Roof core cut (roof by roof)EA
1.10.08 Roof core cut per roof section (all roof sections on campus(s))EA
1.11 Comprehensive reporting
1.11.01 Comprehensive report for visual survey (Roof by Roof)EA
1.11.02 Comprehensive report for visual survey(All Roof Sections on Campus(es)EA
1.11.03
Comprehensive report for each roof section(s) surveyed (Item 1.07) or scanned
(Item 1.08)EA
1.11.04
Comprehensive report enertered into on-line data base for dynamic
reporting and tracking all roofing sections on Campus(s)EA
1.12
Manufacturer's Technical Representative Contractor Training Session at Job
Start-Up DAILY
1.13
Wind Uplift Testing – Mobilize and provide wind uplift testing per Factory Mutual
System Roof Design Manual FM 1-52 EA
1.14 Roof drawings to scale with all rooftop equipment and penetrations
1.14.01 Roof drawings (Roof by Roof)EA
1.14.02 Roof drawings (All Roof Sections on Campus(es)EA
1.15 Project Building Code Review EA
1.16 Additional and Occasional Services
1.16.01 Project Architect for Design Professional Services HOUR
1.16.02 Principle Architect for Design Professional Services HOUR
1.16.03 Project Engineer for Engineering Reviews HOUR
1.16.04 Principle Architect for Engineering Reviews HOUR
1.16.06 Roof Consultant HOUR
1.16.07 Full-Time Job Site Superintendent DAY
1.16.08 CAD Draftsman HOUR
1.17 Laboratory Analysis
1.17.01
Laboratory Fungal Analysis: Cultured Fungi Identification & Enumeration (Not
including engineering time for sampling) EA
1.17.02
Laboratory Fungal Analysis: Total Fungi Spore Count (Not including
engineering time for sampling) EA
1.17.03
Laboratory Mold Analysis: Viable Airborne Mold Analysis (Not including
engineering time for sampling) EA
1.17.04
Laboratory Analysis: Viable Surface Swab or Bulk Substrate Analysis (Not
including engineering time for sampling)EA
1.17.05
Laboratory Analysis: Non-Viable Surface Swab or Bulk Substrate Analysis
(Not including engineering time for sampling)EA
1.17.06
Destructive Roof Sample Analysis:
Comprehensive laboratory testing of a core sample from an existing roof to
include tensile/tear strength, scrim type, interply bitumen weight and roof
composition; Repair the roof core area with similar materials.EA
1.18 Travel Expenses
1.18.01 Per Diem – Meals and Incidentals DAY
1.18.02 Lodging DAY
1.18.03 Mileage on Company / Personal Vehicle MILE
1.18.04 Airfare (Economy)JOB
1.18.05 Vehicle Rental DAY
1.19 Seamer Rental Charges DAY
1.20 Set-up Charges for Metal In-Shop Fabrication EA
1.21 Set-up On-Site Roll Forming EA
1.22 Roof Fastener Pull Tests (As Many as Required per Roof Section)EA
1.23 Wind Uplift Design Calculations EA
1.24 Roof Drainage Capacity Calculations EA
IFB #PW1925 Roofing Supplies and Services, Waterproofing, and Related Products and Services
Attachment C - Bid Form
Page 80 - Attachment C
1.25 Roof Edge Metal Calculations - ANSI/SPRI ES-1 Standards EA
1.26 Dew Point Calculations EA
1.27 Energy Payback Calculations EA
1.28 Project Life-Cycle Cost Calculation EA
1.29 Substantial Completion Walkthrough with Report and Punchlist
1.30 Final Walkthrough with Report EA
1.31
On-Site Quality Control Inspections with Report from Manufacturer's Rep - 3
Days per Week WEEK
1.32 "As-Built" Drawings Upon Project Completion EA
1.33 R.A. or P.E. Reviewed and Stamped Shop Drawings EA
1.34 R.A. or P.E. Reviewed and Stamped Specifications EA
1.35 Non-R.A./P.E. Reviewed Shop Drawings EA
1.36
Project Design Assistance - Hourly Rate for Consultations with Architect of
Record EA
1.37
Project Design Assistance - Development of a recommended specification for a
roofing or waterproofing project EA
1.38
Roof Asset Management Report with recommended options for future course of
actions and associated budgets for capital expense and maintenance planning.EA
1.39
Five year capital expense and maintenance plan ( All roof section on for
campus(es))EA
1.40 Additional Professional Services
1.40.01
Option 1: Professional Services (Third party architectural design, engineering or
consulting services quote on corporate letterhead)
Cost plus added to quote %
1.40.02
Option 2: R.S. Means or Gordian Group Catalog (Used when professional
services line item pricing is not available)
Cost plus added to catalog pricing %
2.00 Tear-off & Dispose of Debris
2.01 SF
2.02 SF
2.03 SF
2.04 SF
2.05 SF
2.06 SF
2.07 SF
2.08 SF
2.09 SF
2.10 SF
2.11 SF
2.12 SF
2.13 SF
2.14 SF
2.15 SF
2.16 SF
2.17 SF
2.18 SF
2.19 SF
2.20 SF
2.21 SF
2.22 SF
2.23 SF
SYSTEM TYPE
Coal Tar BUR W/ Insulation and Gravel Surfacing - Wood / Tectum Deck
SYSTEM TYPE
Coal Tar BUR W/ Insulation and Gravel Surfacing - Lightweight / Gyp Deck
SYSTEM TYPE
Coal Tar BUR W/ Insulation and Gravel Surfacing - Concrete Deck
SYSTEM TYPE
Coal Tar BUR W/ Insulation and Mineral Surfacing - Metal Deck
SYSTEM TYPE
Coal Tar BUR W/ Insulation and Mineral Surfacing - Wood / Tectum Deck
SYSTEM TYPE
Coal Tar BUR W/ Insulation and Mineral Surfacing - Lightweight / Gyp Deck
SYSTEM TYPE
Single-Ply W/ Insulation - Concrete Deck
SYSTEM TYPE
Ballasted Single-Ply W/ Insulation - Metal Deck
SYSTEM TYPE
Ballasted Single-Ply W/ Insulation - Wood / Tectum Deck
SYSTEM TYPE
Ballasted Single-Ply W/ Insulation - Lightweight / Gyp Deck
SYSTEM TYPE
Ballasted Single-Ply W/ Insulation - Concrete Deck
SYSTEM TYPE
Coal Tar BUR W/ Insulation and Gravel Surfacing - Metal Deck
SYSTEM TYPE
BUR W/ Insulation and Mineral Surfacing - Wood / Tectum Deck
SYSTEM TYPE
BUR W/ Insulation and Mineral Surfacing - Lightweight / Gyp Deck
SYSTEM TYPE
BUR W/ Insulation and Mineral Surfacing - Concrete Deck
SYSTEM TYPE
Single-Ply W/ Insulation - Metal Deck
SYSTEM TYPE
Single-Ply W/ Insulation - Wood / Tectum Deck
SYSTEM TYPE
Single-Ply W/ Insulation - Lightweight / Gyp Deck
SYSTEM TYPE
BUR W/ Insulation and Gravel Surfacing - Metal Deck
SYSTEM TYPE
BUR W/ Insulation and Gravel Surfacing - Wood / Tectum Deck
SYSTEM TYPE
BUR W/ Insulation and Gravel Surfacing - Lightweight / Gyp Deck
SYSTEM TYPE
BUR W/ Insulation and Gravel Surfacing - Concrete Deck
SYSTEM TYPE
BUR W/ Insulation and Mineral Surfacing - Metal Deck
Page 81 - Attachment C
2.24 SF
2.25 SF
2.26 SF
2.27 SF
2.28 SF
2.29 SF
2.30 SF
2.31 SF
2.32 SF
2.33 SF
2.34 SF
2.35 SF
2.36 SF
2.37 SF
2.38 SF
2.39 SF
2.40 SF
2.41 SF
2.42 SF
2.43 SF
2.44 SF
2.45 SF
2.46 SF
2.47 SF
2.48 SF
2.49 SF
2.99 %
3.00 Removal & Replacement of Roof Deck
3.01 SF
3.02 SF
3.03 SF
3.04 SF
3.05 SF
3.06 SF
3.07 SF
DECK TYPE
Spot Concrete Deck Replacement (Multiple areas under 1 square)
DECK TYPE
Spot Lightweight Deck Replacement (Multiple areas under 1 square)
DECK TYPE
Spot Tectum Deck Replacement (Multiple areas under 1 square)
DECK TYPE
Large Areas of Metal Deck Replacement (Replacement areas averaging greater than 1 square)
SYSTEM TYPE
Coal Tar BUR with Gravel Surfacing to the Existing Insulation (Insulation to be Re-Used)
SYSTEM TYPE
Coal Tar BUR with Mineral Surfacing to the Existing Insulation (Insulation to be Re-Used)
MULTIPLIER - TEAR-OFF & DISPOSE OF DEBRIS
Each Additional Roof System
DECK TYPE
Spot Metal Deck Replacement (Multiple areas under 1 square)
DECK TYPE
Spot Wood Deck Replacement (Multiple areas under 1 square)
DECK TYPE
Spot Gypsum Deck Replacement (Multiple areas under 1 square)
SYSTEM TYPE
Polyurethane Foam (PUF) Roof (Average of 2" thick) W/ Underlying Insulation and UV-Resistant Coating - Concrete Deck
SYSTEM TYPE
Add of Each Additional Average Depth 1" of Polyurethane Foam (PUF) Roofing
SYSTEM TYPE
BUR w/ Gravel Surfacing to the Existing Insulation (Insulation to be Re-Used)
SYSTEM TYPE
BUR w/ Mineral Surfacing to the Existing Insulation (Insulation to be Re-Used)
SYSTEM TYPE
Single-Ply to the Existing Insulation (Insulation to be Re-Used
SYSTEM TYPE
Ballasted Single-Ply to the Existing Insulation (Insulation to be Re-Used
SYSTEM TYPE
Add to save good Concrete Tile Shingles for reuse
SYSTEM TYPE
Add to save good Slate Tile Shingles for reuse
SYSTEM TYPE
Add to save good Cedar / Wood Shake Shingles for reuse
SYSTEM TYPE
Polyurethane Foam (PUF) Roof (Average of 2" thick) W/ Underlying Insulation and UV-Resistant Coating - Metal Deck
SYSTEM TYPE
Polyurethane Foam (PUF) Roof (Average of 2" thick) W/ Underlying Insulation and UV-Resistant Coating - Wood / Tectum
Deck
SYSTEM TYPE
Polyurethane Foam (PUF) Roof (Average of 2" thick) W/ Underlying Insulation and UV-Resistant Coating - Lightweight /
Gyp Deck
SYSTEM TYPE
3-Tab Shingle Roof - Wood Deck
SYSTEM TYPE
Clay Tile Shingle Roof - Wood Deck
SYSTEM TYPE
Concrete Tile Shingle Roof - Wood Deck
SYSTEM TYPE
Slate Tile Shingle Roof - Wood Deck
SYSTEM TYPE
Cedar / Wood Shake Shingle Roof - Wood Deck
SYSTEM TYPE
Add to save good Clay Tile Shingles for reuse
SYSTEM TYPE
Coal Tar BUR W/ Insulation and Mineral Surfacing - Concrete Deck
SYSTEM TYPE
Metal Roofing System - Metal Deck
SYSTEM TYPE
Metal Roofing System - Wood / Tectum Deck
SYSTEM TYPE
Metal Roofing System - Lightweight / Gypsum Deck
SYSTEM TYPE
Metal Roofing System - Concrete Deck
SYSTEM TYPE
Dimensional/Architectural Shingle Roof - Wood Deck
Page 82 - Attachment C
3.08 SF
3.09 SF
3.10 SF
3.11 SF
3.12 SF
4.00 Insulation Recovery Board & Insulations Options
4.01 SF
4.02 SF
4.03 SF
4.04 SF
4.05 SF
4.06 SF
4.07 SF
4.08 SF
4.09 SF
4.10 SF
4.11 SF
4.12 SF
4.13 SF
4.14 SF
4.15 SF
4.16 SF
4.17 SF
4.18 SF
4.19 SF
4.20 SF
4.21 SF
ADDITIONAL INSULATION OPTION (OVER AN EXISTING ROOF)
Install 2.5" of Polyisocyanurate Insulation Over an Existing Roof. All Wet Insulation Must be Replaced Prior to Installation
of New Course of Insulation
ADDITIONAL INSULATION OPTION (OVER AN EXISTING ROOF)
Add for Cutting New Insulation to Match the Profile of an Existing Metal Roof.
INSULATION SUBSTITUTION OPTION
Deduct for Providing an R-Value of greater than or equal to 10, but less than 15; instead of the Standard R-Value of 20
(Should be Negatively Priced) - All Applications Other Than Metal Roof Systems
INSULATION SUBSTITUTION OPTION
Deduct for Providing an R-Value of greater than or equal to 15, but less than 18; instead of the Standard R-Value of 20
(Should be Negatively Priced) - All Applications Other Than Metal Roof Systems
INSULATION SUBSTITUTION OPTION:
Deduct for Providing an R-Value of greater than or equal to 18, but less than 20 instead of the Standard R-Value of 20
(Should be Negatively Priced) - All Applications Other Than Metal Roof Systems
INSULATION SUBSTITUTION OPTION:
Add for Providing an R-Value of 25 Instead of the Standard R-Value of 20 - All Applications Other Than Metal Roof
Systems
RECOVERY BOARD TYPE
1/2" Treated Gypsum Insulation Board with Glass-Mat (e.g. DensDeck / Securock / Equal) Installed Over an Existing Roof
Mechanically Fastened to Roof Deck - Wood / Tectum Deck
RECOVERY BOARD TYPE
1/2" Treated Gypsum Insulation Board with Glass-Mat (e.g. DensDeck / Securock / Equal) Installed Over an Existing Roof
Mechanically Fastened to Roof Deck - Lightweight / Gypsum Deck
RECOVERY BOARD TYPE
1/2" Treated Gypsum Insulation Board with Glass-Mat (e.g. DensDeck / Securock / Equal) Installed Over an Existing Roof
Mechanically Fastened to Roof Deck - Concrete Deck
ADDITIONAL INSULATION OPTION (OVER AN EXISTING ROOF)
Install 1.0" of Polyisocyanurate Insulation Over an Existing Roof. All Wet Insulation Must be Replaced Prior to Installation
of New Course of Insulation
ADDITIONAL INSULATION OPTION (OVER AN EXISTING ROOF)
Install 1.5" of Polyisocyanurate Insulation Over an Existing Roof. All Wet Insulation Must be Replaced Prior to Installation
of New Course of Insulation
ADDITIONAL INSULATION OPTION (OVER AN EXISTING ROOF)
Install 2.0" of Polyisocyanurate Insulation Over an Existing Roof. All Wet Insulation Must be Replaced Prior to Installation
of New Course of Insulation
RECOVERY BOARD TYPE
1/2" Wood Fiber or Perlite Board Installed Over an Existing Roof Mechanically Fastened to Roof Deck - Wood / Tectum
Deck
RECOVERY BOARD TYPE
1/2" Wood Fiber or Perlite Board Installed Over an Existing Roof Mechanically Fastened to Roof Deck - Lightweight /
Gypsum Deck
RECOVERY BOARD TYPE
1/2" Wood Fiber or Perlite Board Installed Over an Existing Roof Mechanically Fastened to Roof Deck - Concrete Deck
RECOVERY BOARD TYPE
1/2" Treated Gypsum Insulation Board with Glass-Mat (e.g. DensDeck / Securock / Equal) Installed Over an Existing Roof
Adhered in Hot ASTM D 312 Type III or IV Asphalt; Mopped
RECOVERY BOARD TYPE
1/2" Treated Gypsum Insulation Board with Glass-Mat (e.g. DensDeck / Securock / Equal) Installed Over an Existing Roof
Adhered with Insulation Adhesive
RECOVERY BOARD TYPE
1/2" Treated Gypsum Insulation Board with Glass-Mat (e.g. DensDeck / Securock / Equal) Installed Over an Existing Roof
Mechanically Fastened to Roof Deck - Metal Deck
DECK TYPE
Large Areas of Concrete Deck Replacement (Replacement areas averaging greater than 1 square)
DECK TYPE
Large Areas of Lightweight Deck Replacement (Replacement areas averaging greater than 1 square)
DECK TYPE
Large Areas of Tectum Deck Replacement (Replacement areas averaging greater than 1 square)
RECOVERY BOARD TYPE
1/2" Wood Fiber or Perlite Board Installed Over an Existing Roof Adhered in Hot ASTM D 312 Type III or IV Asphalt;
Mopped
RECOVERY BOARD TYPE
1/2" Wood Fiber or Perlite Board Installed Over an Existing Roof Adhered with Insulation Adhesive
RECOVERY BOARD TYPE
1/2" Wood Fiber or Perlite Board Installed Over an Existing Roof Mechanically Fastened to Roof Deck - Metal Deck
DECK TYPE
Large Areas of Wood Deck Replacement (Replacement areas averaging greater than 1 square)
DECK TYPE
Large Areas of Gypsum Deck Replacement (Replacement areas averaging greater than 1 square)
Page 83 - Attachment C
4.22 SF
4.23 SF
4.24 SF
4.25 SF
4.26 SF
4.27 SF
4.28 SF
4.29 SF
4.30 SF
4.31 SF
4.32 SF
5.00 Coat New Roofing With Elastomeric Coating
5.01 SF
5.02 SF
5.03 SF
5.04 SF
5.05 SF
5.06 SF
5.07 SF
5.08 SF
5.09 SF
5.10 SF
5.11 SF
6.00 Roof Deck and Insulation Option
6.01
6.01.01 INSULATION OPTION:
Mechanically Fasten Polyisocyanurate /
Hot Mop Wood Fiber or Perlite to Provide
an Average R-Value of 20
In Compliance with FM 1-90
Requirements SF
6.02
ROOF SYSTEM TYPE
Apply a single-component, aliphatic, polyurea liquid adhesive per Specifications (Apply 1.0 gallon per Square on Seams &
wait 24 Hours / Apply base coat at 1.0 gallon per Square / broadcast mineral at 35 lbs. per Square or white gravel at 200
lbs. per Square / wait 24 hours and apply top coat at 1.0 gallon per Square - Mineral-Surfaced Modified
ROOF SYSTEM TYPE
Apply a single-component, aliphatic, polyurea liquid adhesive per Specifications (apply base coat at 1.0 gallon per Square /
broadcast mineral at 35 lbs. per Square or white gravel at 200 lbs. per Square / wait 24 hours and apply top coat at 1.0
gallon per Square - Smooth-Surfaced Modified
ROOF SYSTEM TYPE
Apply an Aluminum Coating per Specifications (3/4 Gallon per Square per Coat - 2 Coats Required) - Smooth or Mineral
Surfaced Modified
ROOF SYSTEM TYPE
Apply a Fibered Aluminum Coating per Specifications (2 Gallons per Square per Coat - 1 Coat Required) - Smooth or
Mineral Surfaced Modified
METAL ROOF DECK - HOT APPLICATION - ASTM D 312 TYPE III OR IV ASPHALT
WOOD ROOF DECK - HOT APPLICATION - ASTM D 312 TYPE III OR IV ASPHALT
ROOF SYSTEM TYPE
Apply an Acrylic Coating per Specifications (1.0 Gallon per Square per Coat - 2 Coats Required) - Smooth-Surfaced
Modified Roof
ROOF SYSTEM TYPE
Apply a bright white, water-based, acrylic-urethane hybrid roof coating per Specifications (1.5 Gallons per Square per Coat -
2 Coats Required) - Mineral-Surfaced Modified Roof
ROOF SYSTEM TYPE
Apply a bright white, water-based, acrylic-urethane hybrid roof coating per Specifications (1.0 Gallon per Square per Coat -
2 Coats Required) - Smooth-Surfaced Modified Roof
ROOF SYSTEM TYPE
Apply an Acrylic base coat and a PVDF top coat per Specifications (1.5 Gallons per Square Base Coat - 1/2 Gallon per
Square Top Coat) - Mineral-Surfaced Modified Roof
ROOF SYSTEM TYPE
Apply an Acrylic base coat and a PVDF top coat per Specifications (1 Gallon per Square Base Coat - 1/2 Gallon per
Square Top Coat) -Smooth-Surfaced Modified Roof
ROOF SYSTEM TYPE
Apply an Urethane Coating per Specifications (1 Gallon per Square per Coat - 2 Coats Required) - Smooth or Mineral
Surfaced Modified; With Reinforced Seams (Base Coat Seam with 1.5 Gallons per Square & Reinforcement)
INSULATION SLOPE OPTION
Provide a 1/8" Tapered Polyisocyanurate Insulation System while Maintaining the Average R-Value; Adhered with
Insulation Adhesive
INSULATION SUBSTITUTION OPTION
Provide a 1/4" Tapered Insulating Lightweight Concrete System while Maintaining Average R-Value
INSULATION SUBSTITUTION OPTION
Provide a 1/8" Tapered Insulating Lightweight Concrete System while Maintaining Average R-Value
INSULATION ATTACHMENT OPTION:
Provide Attachment Pattern in Compliance with FM 1-60 Wind Uplift Instead of FM 1-90
INSULATION ATTACHMENT OPTION:
Provide Attachment Pattern in Compliance with FM 1-120 Wind Uplift Instead of FM 1-90
ROOF SYSTEM TYPE
Apply an Acrylic Coating per Specifications (1.5 Gallons per Square per Coat - 2 Coats Required) - Mineral-Surfaced
Modified Roof
INSULATION SUBSTITUTION OPTION:
Add for Providing an R-Value of 30 Instead of the Standard R-Value of 20 - All Applications Other Than Metal Roof
Systems
INSULATION SUBSTITUTION OPTION
Substitute 1/2" Treated Gypsum Insulation Board with Glass-Mat (e.g. DensDeck / Securock / Equal) in Place of the Wood
Fiber or Perlite - Adhered in Hot ASTM D 312 Type III or IV Asphalt; Mopped
INSULATION SUBSTITUTION OPTION
Substitute 1/2" Treated Gypsum Insulation Board with Glass-Mat (e.g. DensDeck / Securock / Equal) in Place of the Wood
Fiber or Perlite - Adhered with Insulation Adhesive
INSULATION SLOPE OPTION
Provide a 1/4" Tapered Polyisocyanurate Insulation System while Maintaining the Average R-Value Including Tapered
Crickets; Adhered in ASTM D 312 Type III or IV Hot Asphalt; Mopped
INSULATION SLOPE OPTION
Provide a 1/8" Tapered Polyisocyanurate Insulation System while Maintaining the Average R-Value; Adhered in ASTM D
312 Type III or IV Hot Asphalt; Mopped
INSULATION SLOPE OPTION
Provide a 1/4" Tapered Polyisocyanurate Insulation System while Maintaining the Average R-Value Including Tapered
Crickets; Adhered with Insulation Adhesive
Page 84 - Attachment C
6.02.01 INSULATION OPTION:
Mechanically Fasten Polyisocyanurate /
Hot Mop Wood Fiber or Perlite to Provide
an Average R-Value of 20 SF
6.02.02 INSULATION OPTION:
Without Insulation - Must Include Rosin &
Mechanically Fasten Glass Base Sheet SF
6.03
6.03.01 INSULATION OPTION:
Mechanically Attach Base Sheet Utilizing
FM 1-90 Attachment Patterns & Hot Mop
Polyisocyanurate / Hot Mop Wood Fiber
or Perlite to Provide an Average R-Value
of 20 SF
6.03.02 INSULATION OPTION:
Without Insulation - Must Include Rosin &
Mechanically Fasten Glass Base Sheet SF
6.04
6.04.01 INSULATION OPTION:
Must Mechanically Attach a Base Sheet;
Hot Mop Polyisocyanurate / Hot Mop
Wood Fiber or Perlite to Provide an
Average R-Value of 20
In Compliance FM 1-90 Requirements SF
6.04.02 INSULATION OPTION:
Without Insulation - Must at Least
Mechanically Fasten a Base Sheet to the
Roof Deck Prior to Installation
Installed with FM 1-90 Attachment
Patterns SF
6.05
6.05.01 INSULATION OPTION:
Prime Roof Deck; Hot Mop
Polyisocyanurate / Hot Mop Wood Fiber
or Perlite to Provide an Average R-Value
of 20
In Compliance FM 1-90 Requirements SF
6.05.02 INSULATION OPTION:
Without Insulation - Prime Roof Deck;
Must at Least 1/2" Wood Fiber or Perlite
Hot Mopped to Deck
In Compliance FM 1-90 Requirements SF
6.06 METAL ROOF DECK - COLD PROCESS APPLICATION
6.06.01 INSULATION OPTION:
Mechanically Fasten Polyisocyanurate /
Adhere High Density Asphalt Coated
Wood Fiber with Insulation Adhesive to
Provide an Average R-Value of 20
In Compliance FM 1-90 Requirements SF
6.07 WOOD ROOF DECK - COLD PROCESS APPLICATION
6.07.01 INSULATION OPTION:
Mechanically Fasten Polyisocyanurate /
Adhere High Density Asphalt Coated
Wood Fiber with Insulation Adhesive to
Provide an Average R-Value of 20 SF
6.07.02 INSULATION OPTION:
Without Insulation - Must Include Rosin &
Mechanically Fasten Glass Base Sheet SF
6.08 TECTUM ROOF DECK - COLD PROCESS APPLICATION
6.08.01 INSULATION OPTION:
Mechanically Attach Base Sheet &
Adhere Polyisocyanurate in Insulation
Adhesive / Adhere High Density Asphalt
Coated Wood Fiber with Insulation
Adhesive to Provide an Average R-Value
of 20 SF
6.08.02 INSULATION OPTION:
Without Insulation - Must Include Rosin &
Mechanically Fasten Glass Base Sheet SF
6.09
6.09.01 INSULATION OPTION:
Must Mechanically Attach a Base Sheet;
Adhere Polyisocyanurate in Insulation
Adhesive / Adhere High Density Asphalt
Coated Wood Fiber with Insulation
Adhesive to Provide an Average R-Value
of 20
In Compliance FM 1-90 Requirements SF
6.09.02 INSULATION OPTION:
Without Insulation - Must at Least
Mechanically Fasten a Base Sheet to the
Roof Deck
Installed with FM 1-90 Attachment
Patterns SF
6.10 CONCRETE ROOF DECK - COLD PROCESS APPLICATION
6.10.01 INSULATION OPTION:
Adhere Polyisocyanurate in Insulation
Adhesive / Adhere High Density Asphalt
Coated Wood Fiber with Insulation
Adhesive to Provide an Average R-Value
of 20
In Compliance FM 1-90 Requirements SF
TECTUM ROOF DECK - HOT APPLICATION - ASTM D 312 TYPE III OR IV ASPHALT
LIGHTWEIGHT CONCRETE / GYPSUM ROOF DECK - HOT APPLICATION - ASTM D 312 TYPE III OR IV ASPHALT
CONCRETE ROOF DECK - HOT APPLICATION - ASTM D 312 TYPE III OR IV ASPHALT
LIGHTWEIGHT CONCRETE / GYPSUM ROOF DECK - COLD PROCESS APPLICATION
Page 85 - Attachment C
6.10.02 INSULATION OPTION:
Without Insulation - Must at Least 1/2"
High Density Asphalt Coated Wood Fiber
Adhered with Insulation Adhesive to Deck
In Compliance FM 1-90 Requirements SF
6.11 METAL ROOF DECK - TORCH APPLIED / SELF-ADHERING APPLICATION
6.11.01 INSULATION OPTION:
Mechanically Fasten Polyisocyanurate /
Adhere Treated Gypsum Insulation Board
with Glass-Mat (e.g. DensDeck /
Securock / Equal) with Insulation
Adhesive to Provide an Average R-Value
of 20
In Compliance FM 1-90 Requirements SF
6.12 WOOD ROOF DECK - TORCH APPLIED / SELF-ADHERING APPLICATION
6.12.01 INSULATION OPTION:
Mechanically Fasten Polyisocyanurate /
Adhere Treated Gypsum Insulation Board
with Glass-Mat (e.g. DensDeck /
Securock / Equal) with Insulation
Adhesive to Provide an Average R-Value
of 20 SF
6.12.02 INSULATION OPTION:
Without Insulation - Must Mechanically
Attach 1/2" Treated Gypsum Insulation
Board with Glass-Mat (e.g. DensDeck /
Securock / Equal)SF
6.13
6.13.01 INSULATION OPTION:
Mechanically Attach Base Sheet &
Adhere Polyisocyanurate in Insulation
Adhesive / Adhere Treated Gypsum
Insulation Board with Glass-Mat (e.g.
DensDeck / Securock / Equal) with
Insulation Adhesive to Provide an
Average R-Value of 20 SF
6.13.02 INSULATION OPTION:
Without Insulation - Must Mechanically
Attach 1/2" Treated Gypsum Insulation
Board with Glass-Mat (e.g. DensDeck /
Securock / Equal)SF
6.14
6.14.01 INSULATION OPTION:
Must Mechanically Attach a Base Sheet;
Adhere Polyisocyanurate in Insulation
Adhesive / Adhere Treated Gypsum
Insulation Board with Glass-Mat (e.g.
DensDeck / Securock / Equal) with
Insulation Adhesive to Provide an
Average R-Value of 20
In Compliance FM 1-90 Requirements SF
6.14.02 INSULATION OPTION:
Without Insulation - Must at Least
Mechanically Fasten a Base Sheet to the
Roof Deck Prior to Installation
Installed with FM 1-90 Attachment
Patterns SF
6.15
6.15.01 INSULATION OPTION:
Adhere Polyisocyanurate in Insulation
Adhesive / Adhere Treated Gypsum
Insulation Board with Glass-Mat (e.g.
DensDeck / Securock / Equal) with
Insulation Adhesive to Provide an
Average R-Value of 20
In Compliance FM 1-90 Requirements SF
6.15.02 INSULATION OPTION:
Without Insulation - Must Adhere 1/2"
Treated Gypsum Insulation Board with
Glass-Mat (e.g. DensDeck / Securock /
Equal) in Insulation Adhesive
In Compliance FM 1-90 Requirements SF
6.16
6.16.01 VAPOR BARRIER OPTION:
HOT ASPHALT-APPLIED VAPOR
BARRIER ON METAL DECK:
Mechanically-Fasten Treated Gypsum
Insulation Board with Glass-Mat (e.g.
DensDeck / Securock / Equal), Apply 2
Plies of Glass Felt in Hot ASTM D 312
Type III OR IV Asphalt
In Compliance with FM 1-90
Requirements SF
CONCRETE ROOF DECK - TORCH APPLIED / SELF-ADHERING APPLICATION
INSTALL PRIOR TO ROOF SYSTEM INSULATION:
TECTUM ROOF DECK - TORCH APPLIED / SELF-ADHERING APPLICATION
LIGHTWEIGHT CONCRETE / GYPSUM ROOF DECK - TORCH APPLIED / SELF-ADHERING APPLICATION
Page 86 - Attachment C
6.16.02 VAPOR BARRIER OPTION:
HOT ASPHALT-APPLIED VAPOR
BARRIER ON WOOD, TECTUM,
LIGHTWEIHT CONCRETE OR
GYPSUM DECK: Mechanically Fasten
Glass Base Sheet, Apply 2 Plies of Glass
Felt in Hot ASTM D 312 Type III OR IV
Asphalt
In Compliance with FM 1-90
Requirements SF
6.16.03 VAPOR BARRIER OPTION:
HOT ASPHALT-APPLIED VAPOR
BARRIER ON CONCRETE DECK:
Prime Deck Prior to Applying 2 Plies of
Glass Felt in Hot ASTM D 312 Type III
OR IV Asphalt SF
6.16.04 VAPOR BARRIER OPTION:
COLD ASPHALT-APPLIED VAPOR
BARRIER ON METAL DECK:
Mechanically-Fasten Treated Gypsum
Insulation Board with Glass-Mat (e.g.
DensDeck / Securock / Equal); Apply 2
Plies of Glass Base in Cold Process
Modified Asphalt
In Compliance with FM 1-90
Requirements SF
6.16.05 VAPOR BARRIER OPTION:
COLD ASPHALT-APPLIED VAPOR
BARRIER ON WOOD, TECTUM,
LIGHTWEIHT CONCRETE OR
GYPSUM DECK: Mechanically Fasten
Glass Base Sheet, Apply 2 Plies of Glass
Base in Cold Process Modified Asphalt
In Compliance with FM 1-90
Requirements SF
6.16.06 VAPOR BARRIER OPTION:
COLD ASPHALT-APPLIED VAPOR
BARRIER ON CONCRETE DECK:
Prime Deck Prior to Applying 2 Plies of
Glass Base in Cold Process Modified
Asphalt SF
6.16.07 VAPOR BARRIER OPTION:
TORCH-APPLIED VAPOR BARRIER
ON METAL DECK:
Mechanically-Fasten Treated Gypsum
Insulation Board with Glass-Mat (e.g.
DensDeck / Securock / Equal); Heat
Weld with Torch 1 Ply of SBS Modified
Asphalt-Based, Fiberglass Reinforced
Torch Base Sheet - Minimum of 80 lbf/in
tensile Torch-Applied Base Sheet (ASTM
D 5147)
In Compliance with FM 1-90
Requirements SF
6.16.08 VAPOR BARRIER OPTION:
TORCH-APPLIED VAPOR BARRIER
ON WOOD, TECTUM, LIGHTWEIHT
CONCRETE OR GYPSUM DECK:
Mechanically Fasten Glass Base Sheet,
Heat Weld with Torch 1 Ply of SBS
Modified Asphalt-Based, Fiberglass
Reinforced Torch Base Sheet - Minimum
of 80 lbf/in tensile Torch-Applied Base
Sheet (ASTM D 5147)
In Compliance with FM 1-90
Requirements SF
6.16.09 VAPOR BARRIER OPTION:
TORCH-APPLIED VAPOR BARRIER
ON CONCRETE DECK:
Prime Deck Prior to Heat Welding with
Torch 1 Ply of SBS Modified Asphalt-
Based, Fiberglass Reinforced Torch
Base Sheet - Minimum of 80 lbf/in tensile
Torch-Applied Base Sheet (ASTM D
5147)SF
6.16.10 VAPOR BARRIER OPTION:
HOT ASPHALT-APPLIED VAPOR
BARRIER ON METAL DECK:
Mechanically-Fasten Treated Gypsum
Insulation Board with Glass-Mat (e.g.
DensDeck / Securock / Equal), ASTM D
6163 SBS Fiberglass Reinforced
Modified Bituminous Sheet Material Type
I - 70 lbf/in tensile in Hot ASTM D 312
Type III OR IV Asphalt
In Compliance with FM 1-90
Requirements SF
Page 87 - Attachment C
6.16.11 VAPOR BARRIER OPTION:
HOT ASPHALT-APPLIED VAPOR
BARRIER ON WOOD, TECTUM,
LIGHTWEIHT CONCRETE OR
GYPSUM DECK: Mechanically Fasten
Glass Base Sheet, ASTM D 6163 SBS
Fiberglass Reinforced Modified
Bituminous Sheet Material Type I - 70
lbf/in tensile in Hot ASTM D 312 Type III
OR IV Asphalt
In Compliance with FM 1-90
Requirements SF
6.16.12 VAPOR BARRIER OPTION:
HOT ASPHALT-APPLIED VAPOR
BARRIER ON CONCRETE DECK:
Prime Deck Prior to ASTM D 6163 SBS
Fiberglass Reinforced Modified
Bituminous Sheet Material Type I - 70
lbf/in tensile in Hot ASTM D 312 Type III
OR IV Asphalt SF
6.16.13 VAPOR BARRIER OPTION:
COLD ASPHALT-APPLIED VAPOR
BARRIER ON METAL DECK:
Mechanically-Fasten Treated Gypsum
Insulation Board with Glass-Mat (e.g.
DensDeck / Securock / Equal); ASTM D
6163 SBS Fiberglass Reinforced
Modified Bituminous Sheet Material Type
I - 70 lbf/in tensile in Cold Process
Modified Asphalt
In Compliance with FM 1-90
Requirements SF
6.16.14 VAPOR BARRIER OPTION:
COLD ASPHALT-APPLIED VAPOR
BARRIER ON WOOD, TECTUM,
LIGHTWEIHT CONCRETE OR
GYPSUM DECK: Mechanically Fasten
Glass Base Sheet, ASTM D 6163 SBS
Fiberglass Reinforced Modified
Bituminous Sheet Material Type I - 70
lbf/in tensile in Cold Process Modified
Asphalt
In Compliance with FM 1-90
Requirements SF
6.16.15 VAPOR BARRIER OPTION:
COLD ASPHALT-APPLIED VAPOR
BARRIER ON CONCRETE DECK:
Prime Deck Prior to ASTM D 6163 SBS
Fiberglass Reinforced Modified
Bituminous Sheet Material Type I - 70
lbf/in tensile in Cold Process Modified
Asphalt SF
7.00
BUILT-UP MODIFIED ROOF WITH FLOOD COAT AND AGGREGATE IN
HOT ASTM D 312 TYPE III OR IV ASPHALT
7.01
7.01.01 ROOFING MEMBRANE OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type I - Minimum of 70 lbf/in
tensile SF
7.01.02 ROOFING MEMBRANE OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 220 lbf/in
tensile SF
7.01.03 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 310 lbf/in
tensile SF
7.01.04 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 500 lbf/in
tensile SF
7.01.05 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 600 lbf/in
tensile SF
7.02 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 7.00
Must includes coverage for roof uplift
pressures up to 90 MPH SF
7.03 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar
Limitations SF
7.04 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar
Limitations SF
ROOF CONFIGURATION
2 Plies of Glass Felt, Cap Sheet, Flood Coat and Aggregate All in Hot ASTM D 312 Type III OR IV Asphalt
Page 88 - Attachment C
7.05 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
7.06
DEDUCT TO SQUARE FOOT COST - Hot Applied Modified BUR
Substitute Additional Glass Felt (Hot Applications) in Place of ASTM D 6163
SBS Fiberglass Reinforced Modified Bituminous Sheet Material Type I -
Minimum of 70 lbf/in tensile (i.e. 3 Ply BUR)SF
7.07
ADD TO PER SQUARE FOOT COST - Hot Applied Modified BUR
Each Additional Glass Felt (Hot Applications) Inter-ply Installed SF
8.00
BUILT-UP MODIFIED ROOF WITH FLOOD COAT AND AGGREGATE IN
COLD PROCESS ASPHALT
8.01
8.01.01 ROOFING MEMBRANE OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type I - Minimum of 70 lbf/in
tensile SF
8.01.02 ROOFING MEMBRANE OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 220 lbf/in
tensile SF
8.01.03 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 310 lbf/in
tensile SF
8.01.04 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 500 lbf/in
tensile SF
8.01.05 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 600 lbf/in
tensile SF
8.02 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 8.00
Must includes coverage for roof uplift
pressures up to 90 MPH SF
8.03 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar
Limitations SF
8.04 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar
Limitations SF
8.05 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
8.06
DEDUCT TO SQUARE FOOT COST - Cold Applied Modified BUR
Substitute Additional Glass Base Sheet in Place of ASTM D 6163 SBS
Fiberglass Reinforced Modified Bituminous Sheet Material Type I - Minimum of
70 lbf/in tensile (i.e. 3 Ply BUR)SF
8.07
ADD TO PER SQUARE FOOT COST - Cold Applied Modified BUR
Each Additional Glass Base (Cold Applications) Inter-ply Installed SF
9.00
BUILT-UP MODIFIED ROOF ADHERED IN HOT ASTM D 312 TYPE III OR IV
ASPHALT - FLOOD COAT & AGGREGATE IN MODIFIED COAL TAR PITCH
9.01
9.01.01 ROOFING MEMBRANE & COATING OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type I - Minimum of 70 lbf/in
tensile, Flood Coat in Modified Hot Coal
Tar Pitch With 2000% Elongation SF
9.01.02 ROOFING MEMBRANE & COATING OPTION
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 220 lbf/in
tensile, Flood Coat in Modified Hot Coal
Tar Pitch With 2000% Elongation SF
9.01.03 ROOFING MEMBRANE & COATING OPTION
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 310 lbf/in
tensile, Flood Coat in Modified Hot Coal
Tar Pitch With 2000% Elongation SF
9.01.04 ROOFING MEMBRANE & COATING OPTION
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 500 lbf/in
tensile, Flood Coat in Modified Hot Coal
Tar Pitch With 2000% Elongation SF
ROOF CONFIGURATION
2 Plies of Glass Base, Cap Sheet, Flood Coat and Aggregate All in Cold Process Modified Asphalt
ROOF CONFIGURATION
2 ply of Glass Felt, Cap Sheet, Set in Hot Asphalt, Flood Coat in Modified Coal Tar Pitch and Aggregate
Page 89 - Attachment C
9.01.05 ROOFING MEMBRANE & COATING OPTION
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - 600 lbf/in tensile, Flood
Coat in Modified Hot Coal Tar Pitch With
2000% Elongation SF
9.02 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 9.00
Must includes coverage for roof uplift
pressures up to 90 MPH SF
9.03 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar
Limitations SF
9.04 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar
Limitations SF
9.05 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
9.06 COATING OPTION:
Add/Deduct for Installing Flood Coat in
Cold Process Coal Tar Pitch SF
10.00
BUILT-UP MODIFIED ROOF WITH MINERAL CAP SHEET ADHERED IN
HOT ASTM D 312 TYPE III OR IV ASPHALT
10.01
10.01.01 ROOFING MEMBRANE OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type I - Minimum of 70 lbf/in
tensile SF
10.01.02 ROOFING MEMBRANE OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 220 lbf/in
tensile SF
10.01.03 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 310 lbf/in
tensile SF
10.01.04 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 500 lbf/in
tensile SF
10.01.05 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 600 lbf/in
tensile SF
10.02 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 10.00
Must includes coverage for roof uplift
pressures up to 90 MPH SF
10.03 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar SF
10.04 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar SF
10.05 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
11.00
BUILT-UP MODIFIED ROOF WITH MINERAL CAP SHEET ADHERED IN
COLD PROCESS ASPHALT
11.01
11.01.01 ROOFING MEMBRANE OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type I - Minimum of 70 lbf/in
tensile SF
11.01.02 ROOFING MEMBRANE OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 220 lbf/in
tensile SF
11.01.03 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 310 lbf/in
tensile SF
11.01.04 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 500 lbf/in
tensile SF
11.01.05 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 600 lbf/in
tensile SF
ROOF CONFIGURATION
2 ply Glass Base, Mineral Cap Sheet, Set in Cold Process Modified Asphalt
ROOF CONFIGURATION
2 ply of Glass Felt, Mineral Surfaced Cap Sheet, Set in Hot ASTM D 312 Type III or IV Asphalt
Page 90 - Attachment C
11.02 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 11.00
Must includes coverage for roof uplift
pressures up to 90 MPH SF
11.03 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar SF
11.04 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar SF
11.05 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
12.00
2-PLY ROOF SYSTEMS - COMBINATIONS OF A BASE PLY & A CAP
SHEET (TOP PLY)
PLEASE NOTE: BASE PLY & CAP SHEET COMBINATIONS MUST BE
APPROVED BY THE MANUFACTURER
12.01
12.01.01 BASE PLY OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type I - 70 lbf/in tensile SF
12.01.02 BASE PLY OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type III - 220 lbf/in tensile SF
12.01.03 BASE PLY OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - 310 lbf/in tensile SF
12.01.04 SF
12.02
12.02.01 BASE PLY OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type I - 70 lbf/in tensile SF
12.02.02 BASE PLY OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type III - 220 lbf/in tensile SF
12.02.03 BASE PLY OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - 310 lbf/in tensile SF
12.02.04 SF
12.02.05 INTERPLY ADHESIVE OPTION:
Add/Deduct for Cold Applied Modified
Multi-ply Systems
Substitute Cold Process Adhesive with
Alternative Solvent Free Adhesive SF
12.03
12.03.01 BASE PLY OPTION:
SBS Modified Asphalt-Based, Fiberglass
Reinforced Torch Base Sheet - Minimum
of 80 lbf/in tensile Torch-Applied Base
Sheet (ASTM D 5147)SF
12.03.02 BASE PLY OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type III - 210 lbf/in tensile SF
12.03.03 SF
12.04
12.04.01 BASE PLY OPTION:
SBS Modified Asphalt-Based, Polyester
OR Fiberglass/Polyester OR Fiberglass
Reinforced Self-Adhering Base Sheet -
Minimum of 50 lbf/in tensile SF
12.04.02 SF
12.05
ADD/DEDUCT TO PER SQUARE FOOT COST - Torch-Applied Modified Multi-ply Systems
Each Additional Modified Base Sheet (All Torch-Applied Applications) Installed. To be combined with line items above for
a labor cost reduction to installed price of two plies of the same modified base sheet vs. the installation of a single base
sheet (i.e. 12.03.02 + 12.03.02 + 12.03.03 = Two Plies Installed)
ROOF CONFIGURATION
1 Ply of Self-Adhering Base Installed Using Self-Adhering Backing
ADD/DEDUCT TO PER SQUARE FOOT COST - Torch-Applied Modified Multi-ply Systems
Each Additional Modified Base Sheet (All Torch-Applied Applications) Installed. To be combined with line items above for
a labor cost reduction to installed price of two plies of the same modified base sheet vs. the installation of a single base
sheet (i.e. 12.04.01 + 12.04.01 + 12.04.02 = Two Plies Installed)
ROOF CONFIGURATION
1 Ply Cap Sheet, Flood Coat and Aggregate Adhered in Hot ASTM D 312 Type III OR IV Asphalt
ROOF CONFIGURATION
1 Ply Modified Base Sheet Adhered in Hot ASTM D 312 Type III or IV Asphalt
ADD/DEDUCT TO PER SQUARE FOOT COST - Hot Applied Modified Multi-ply Systems
Each Additional Modified Base Sheet (All Hot Applications) Installed. To be combined with line items above for a labor
cost reduction to installed price of two plies of the same modified base sheet vs. the installation of a single base sheet (i.e.
12.01.02 + 12.01.02 + 12.01.04 = Two Plies Installed)
ROOF CONFIGURATION
1 Ply Modified Base Sheet Adhered in Cold Process Modified Asphalt
ADD/DEDUCT TO PER SQUARE FOOT COST - Cold Applied Modified Multi-ply Systems
Each Additional Modified Base Sheet (All Cold Applications) Installed. To be combined with line items above for a labor
cost reduction to installed price of two plies of the same modified base sheet vs. the installation of a single base sheet (i.e.
12.02.02 + 12.02.02 + 12.02.04 = Two Plies Installed)
ROOF CONFIGURATION
1 Ply of Torch Base Sheet Installed with Torch Application
Page 91 - Attachment C
12.05.01 ROOFING MEMBRANE OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type I - Minimum of 70 lbf/in
tensile SF
12.05.02 ROOFING MEMBRANE OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 220 lbf/in
tensile SF
12.05.03 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 310 lbf/in
tensile SF
12.05.06 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 12.05
Must includes coverage for roof uplift
pressures up to 90 MPH SF
12.05.07 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar
Limitations SF
12.05.08 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar
Limitations SF
12.05.09 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
12.06
12.06.01 ROOFING MEMBRANE OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type I - Minimum of 70 lbf/in
tensile SF
12.06.02 ROOFING MEMBRANE OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 220 lbf/in
tensile SF
12.06.03 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 310 lbf/in
tensile SF
12.06.04 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 500 lbf/in
tensile SF
12.06.05 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 600 lbf/in
tensile SF
12.06.06 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 12.06
Must includes coverage for roof uplift
pressures up to 90 MPH SF
12.06.07 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar
Limitations SF
12.06.08 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar
Limitations SF
12.06.09 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
12.07
12.07.01 ROOFING MEMBRANE & COATING OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type I - Minimum of 70 lbf/in
tensile, Flood Coat in Modified Hot Coal
Tar Pitch With 2000% Elongation SF
12.07.02 ROOFING MEMBRANE & COATING OPTION
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 220 lbf/in
tensile, Flood Coat in Modified Hot Coal
Tar Pitch With 2000% Elongation SF
12.07.03 ROOFING MEMBRANE & COATING OPTION
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 310 lbf/in
tensile, Flood Coat in Modified Hot Coal
Tar Pitch With 2000% Elongation SF
ROOF CONFIGURATION
1 Ply Mineral Surfaced Cap Sheet Adhered in Hot ASTM D 312 Type III or IV Asphalt
ROOF CONFIGURATION
1 Ply Cap Sheet, Set in Hot ASTM D 312 Type III or IV Asphalt, Flood Coat & Aggregate in Hot Modified Coal Tar
Pitch
Page 92 - Attachment C
12.07.04 ROOFING MEMBRANE & COATING OPTION
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 500 lbf/in
tensile, Flood Coat in Modified Hot Coal
Tar Pitch With 2000% Elongation SF
12.07.05 ROOFING MEMBRANE & COATING OPTION
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum 600 lbf/in
tensile, Flood Coat in Modified Hot Coal
Tar Pitch With 2000% Elongation SF
12.07.06 COATING OPTION:
Add/Deduct for Installing Flood Coat in
Cold Process Coal Tar Pitch SF
12.07.07 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 12.07
Must includes coverage for roof uplift
pressures up to 90 MPH SF
12.07.08 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar
Limitations SF
12.07.09 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar
Limitations SF
12.07.10 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
12.08
12.08.01 ROOFING MEMBRANE OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type I - Minimum of 70 lbf/in
tensile SF
12.08.02 ROOFING MEMBRANE OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 220 lbf/in
tensile SF
12.08.03 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 310 lbf/in
tensile SF
12.08.04 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 500 lbf/in
tensile SF
12.08.05 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 600 lbf/in
tensile SF
12.08.06 MEMBRANE ADHESIVE & COATING OPTION:
Add/Deduct for Cold Applied Modified
BUR
Substitute Cold Process Adhesive with
Alternative Solvent Free Adhesive SF
12.08.07 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 12.08
Must includes coverage for roof uplift
pressures up to 90 MPH SF
12.08.08 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar
Limitations SF
12.08.09 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar
Limitations SF
12.08.10 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
12.09
12.09.01 ROOFING MEMBRANE OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type I - Minimum of 70 lbf/in
tensile SF
12.09.02 ROOFING MEMBRANE OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 220 lbf/in
tensile SF
12.09.03 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 310 lbf/in
tensile SF
ROOF CONFIGURATION
1 Ply Cap Sheet, Flood Coat and Aggregate Adhered in Cold Process Modified Asphalt
ROOF CONFIGURATION
1 Ply Mineral Surfaced Cap Sheet Adhered in Cold Process Modified Asphalt
Page 93 - Attachment C
12.09.04 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 500 lbf/in
tensile SF
12.09.05 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 600 lbf/in
tensile SF
12.09.06 MEMBRANE ADHESIVE OPTION:
Add/Deduct for Cold Applied Modified
BUR
Substitute Cold Process Adhesive with
Alternative Solvent Free Adhesive SF
12.09.07 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 12.09
Must includes coverage for roof uplift
pressures up to 90 MPH SF
12.09.08 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar
Limitations SF
12.09.09 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar
Limitations SF
12.09.10 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
12.10
12.10.01 ROOFING MEMBRANE & COATING OPTION:
ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type I - Minimum of 70 lbf/in
tensile SF
12.10.02 ROOFING MEMBRANE & COATING OPTION
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 220 lbf/in
tensile SF
12.10.03 ROOFING MEMBRANE & COATING OPTION
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 310 lbf/in
tensile SF
12.10.04 ROOFING MEMBRANE & COATING OPTION
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 500 lbf/in
tensile SF
12.10.05 ROOFING MEMBRANE & COATING OPTION
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum 600 lbf/in
tensile SF
12.10.06 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 12.10
Must includes coverage for roof uplift
pressures up to 90 MPH SF
12.10.07 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar
Limitations SF
12.10.08 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar
Limitations SF
12.10.09 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
12.11
12.11.01 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum 300 lbf/in
tensile Torch-Applied Membrane SF
12.11.02 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 12.11
Must includes coverage for roof uplift
pressures up to 90 MPH SF
12.11.03 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar
Limitations SF
12.11.04 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar
Limitations SF
ROOF CONFIGURATION
1 Ply Cap Sheet, Set in Cold Process Asphalt, Flood Coat & Aggregate in Cold Applied Modified Coal Tar Pitch
and Aggregate
ROOF CONFIGURATION
1 Ply of Mineral Surfaced, Torch-Applied Cap Sheet Installed with Torch Application
Page 94 - Attachment C
12.11.05 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
12.12
12.12.01 ROOFING MEMBRANE OPTION:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - Minimum of 300 lbf/in
tensile Torch-Applied Membrane SF
12.12.02 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 12.12
Must includes coverage for roof uplift
pressures up to 90 MPH SF
12.12.03 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar SF
12.12.04 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar SF
12.12.05 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
12.13
12.13.01 ROOF CONFIGURATION OPTION:
ASTM D 6161 (Polyester) OR 6162
(Fiberglass/Polyester) OR 6163
(Fiberglass) Self-Adhering Reinforced
Modified Bituminous Sheet Material Type
III - Minimum of 130 lbf/in tensile SF
12.13.02 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 12.13
Must includes coverage for roof uplift
pressures up to 90 MPH SF
12.13.03 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar
Limitations SF
12.13.04 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar
Limitations SF
12.13.05 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
12.14
12,14.01 POLYMERIC TOP PLY OPTION:
ASTM D 6754 - Ketone Ethylene Ester
(KEE) - 50 Mil Thickness SF
12.14.02 POLYMERIC TOP PLY OPTION:
ASTM D 6754 - Ketone Ethylene Ester
(KEE) - 60 Mil Thickness SF
12.14.03 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 12.14
Must includes coverage for roof uplift
pressures up to 90 MPH SF
12.14.04 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar
Limitations SF
12.14.05 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar
Limitations SF
12.14.06 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
12.15
12.15.01 POLYMERIC TOP PLY OPTION:
ASTM D 6754 - Ketone Ethylene Ester
(KEE) - 50 Mil Thickness SF
12.15.02 POLYMERIC TOP PLY OPTION:
ASTM D 6754 - Ketone Ethylene Ester
(KEE) - 60 Mil Thickness SF
12.15.03 MEMBRANE ADHESIVE OPTION:
Add/Deduct for Cold Applied Fleece-
Back Polymeric Cap Sheet (Top Ply)
Substitute Membrane Adhesive with Cold
Applied Asphalt Adhesive SF
12.15.04 MEMBRANE ADHESIVE OPTION:
PER SQUARE FOOT COST - Cold
Applied Fleece-Back Polymeric Cap
Sheet (Top Ply)
Substitute Membrane Adhesive with
Solvent-Free Asphalt Adhesive SF
ROOF CONFIGURATION
1 Ply Fleece-Back Polymeric Cap Sheet (Top Ply) Adhered in Hot ASTM D 312 Type III OR IV Asphalt with Heat
Welded Seams
ROOF CONFIGURATION
1 Ply Fleece-Back Polymeric Cap Sheet (Top Ply) Adhered in Membrane Adhesive with Heat Weld Seams
ROOF CONFIGURATION
1 Ply of Torch-Applied Cap Sheet Installed with Torch Application and Finished with a Flood Coat & Aggregate in
Cold Process Modified Asphalt
ROOF CONFIGURATION
1 Ply of Mineral Surfaced, Self-Adhering Cap Sheet Installed Using Self-Adhering Backing
Page 95 - Attachment C
12.15.05 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 12.15
Must includes coverage for roof uplift
pressures up to 90 MPH SF
12.15.06 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar SF
12.15.08 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar SF
12.15.09 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
13.00
BUILT-UP COAL TAR ROOF WITH FLOOD COAT AND AGGREGATE IN
MODIFIED HOT COAL TAR PITCH
13.01
13.01.01 ROOF CONFIGURATION OPTION:
4-Ply ASTM D 4990 Type I Coal Tar
Saturated Felts in Modified Coal Tar
Pitch; Modified CTP with 2000%
Elongation SF
13.01.02 ROOF CONFIGURATION OPTION:
3-Ply Continuous Filament Polyester Mat
(5.0 oz./yd2) in Modified Coal Tar Pitch;
Modified CTP with 2000% Elongation SF
13.02 INTERPLY ADHESIVE & FLOOD COAT OPTION:
PER SQUARE FOOT COST -
SUBSTITUTE STANDARD COAL TAR
PITCH
Add/Deduct for Using Standard Coal Tar
Pitch Instead of Modified Coal Tar Pitch SF
13.03 FLOOD COAT OPTION:
PER SQUARE FOOT COST -
SUBSTITUTE COLD PROCESS+
MODIFIED COAL TAR PITCH FOR
FLOOD COAT
Add/Deduct for Using Cold Process
Modified Coal Tar Pitch for Flood Coat
Instead of Hot Modified Coal Tar
Pitch+B222 SF
13.04 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 13.00
Must includes coverage for roof uplift
pressures up to 90 MPH SF
13.05 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar
Limitations SF
13.06 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar
Limitations SF
13.07 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
14.00 METAL ROOFING SYSTEMS - LOW SLOPE & STEEP SLOPE (2)
14.01
14.01.01 INSULATION OPTION:
Architectural Application -
No Insulation; 30 lbs. Felt Underlayment
Over Deck SF
14.01.02 INSULATION OPTION:
Architectural Application -
No Insulation - WOOD DECK: Class A
Fire-Retardant Underlayment SF
14.01.03 INSULATION OPTION:
Architectural Application -
Minimal Insulation - WOOD OR METAL
DECK: Must Have 1/2" Treated Gypsum
Board with Glass-Mat (e.g. DensDeck /
Securock / Equal); & 40 mil Self-Adhering
Underlayment SF
14.01.04 INSULATION OPTION:
Architectural Application -
Mechanically Fasten Polyisocyanurate to
Provide an Average R-Value of 20; with
40 mil Self-Adhering Underlayment SF
14.01.05 INSULATION OPTION:
Structural Application Over Open
Framing; Over Retrofit Framing; Over an
Existing Roof Using Steel Furring -
No Insulation SF
14.01.06 INSULATION OPTION:
Structural Application Over Open
Framing or Over Retrofit Framing -
Fiberglass Batten Insulation with an R-
Value of 30 SF
14.01.07 INSULATION OPTION:
Structural Application Over Retrofit
Framing -
Loose Laid Fiberglass Blanket on
Existing Deck with an R-Value of 30 SF
ROOF CONFIGURATION
1 Ply of Glass Base, 3 Plies of Polyester Mat or 4 ply of Coal Tar Felts in Modified Hot Coal Tar Pitch (CTP),
[Insulation & Glass Base] Set in Hot ASTM D 312 Type III or IV Asphalt
INSULATION OPTIONS FOR ARCHITECTURAL STANDING SEAM ROOF INSTALLATION OVER SUBSTRATE
Page 96 - Attachment C
14.01.08 INSULATION OPTION:
Structural Application Over an Existing
Roof Using Steel Furring -
Fiberglass Batten Insulation with an R-
Value of 20 SF
14.01.09 INSULATION OPTION:
Structural Application Over an Existing
Roof Using Steel Furring -
Mechanically Fastened Polyisocyanurate
on Existing Roof with an R-Value of 20 SF
14.02
14.02.01 THICKNESS OPTION:
Bare Aluminum Panel Price -
0.032" Aluminum, 18" - 19" Wide Panels SF
14.02.02 THICKNESS OPTION:
Add for Bare Aluminum 0.040"
Aluminum , 18" - 19" Wide Panels SF
14.02.03 PANEL WIDTH OPTION:Add for 12" - 13" Panel Width - Aluminum SF
14.02.04 PANEL WIDTH OPTION:Add for 16" - 17" Panel Width - Aluminum SF
14.02.05 PANEL WIDTH OPTION:Add for 24" - 25" Panel Width - Aluminum SF
14.02.06 THICKNESS OPTION:
Bare Galvalume Coated Steel or Equal
Panel Price - 24 Ga, 18" - 19" Wide
Panels SF
14.02.07 THICKNESS OPTION:
Bare Galvalume Coated Steel or Equal
Panel Price - 22 Ga, 18" - 19" Wide
Panels SF
14.02.08 PANEL WIDTH OPTION:
Add for 12" - 13" Panel Width -
Galvalume Coated Steel or Equal SF
14.02.09 PANEL WIDTH OPTION:
Add for 16" - 17" Panel Width -
Galvalume Coated Steel or Equal SF
14.02.10 PANEL WIDTH OPTION:
Add for 24" - 25" Panel Width -
Galvalume Coated Steel or Equal SF
14.02.11 COLOR OPTION:
Add for Standard Colors - Fluorocarbon
Paint System Over Aluminum or
Galvalume Coated Steel Or Equal SF
14.02.12 COLOR OPTION:
Add for Designer Colors - Fluorocarbon
Paint System Over Aluminum or
Galvalume Coated Steel Or Equal SF
14.02.13 COLOR OPTION:
Add for Premium or Custom Colors -
Fluorocarbon Paint System Over
Aluminum or Galvalume Coated Steel Or
Equal SF
14.02.14 THICKNESS OPTION:
Stainless Steel
Panel Price - 24 Ga , 18" - 19" Wide
Panels SF
14.02.15 THICKNESS OPTION:
Stainless Steel
Panel Price - 22 Ga, 18" - 19" Wide
Panels SF
14.02.16 PANEL WIDTH OPTION:
Add for 12" - 13" Panel Width - Stainless
Steel SF
14.02.17 PANEL WIDTH OPTION:
Add for 16" - 17" Panel Width - Stainless
Steel SF
14.02.18 PANEL WIDTH OPTION:
Add for 24" - 25" Panel Width - Stainless
Steel SF
14.02.19 THICKNESS OPTION:
Copper
Panel Price - 16 oz,18" - 19" Wide
Panels SF
14.02.20 THICKNESS OPTION:
Copper
Panel Price - 20 Oz, 18" - 19" Wide
Panels SF
14.02.21 PANEL WIDTH OPTION:Add for 12" - 13" Panel Width - Copper SF
14.02.22 PANEL WIDTH OPTION:Add for 16" - 17" Panel Width - Copper SF
14.02.23 PANEL WIDTH OPTION:Add for 24" - 25" Panel Width - Copper SF
14.02.24 THICKNESS OPTION:
Zinc
Panel Price - 0.032", 18" - 19" Wide
Panels SF
14.02.25 THICKNESS OPTION:
Zinc
Panel Price - 0.040", 18" - 19" Wide
Panels SF
14.02.26 PANEL WIDTH OPTION:Add for 12" - 13" Panel Width - Zinc SF
14.02.27 PANEL WIDTH OPTION:Add for 16" - 17" Panel Width - Zinc SF
14.02.28 PANEL WIDTH OPTION:Add for 24" - 25" Panel Width - Zinc SF
14.02.29 PANEL INSTALLATION OPTION:
Architectural Application - Installed Over
a Deck At or Above 3:12 Slope SF
14.02.30 PANEL INSTALLATION OPTION:
Architectural Application - Installed Over
a Deck Below 3:12 Slope
SF
14.02.31 PANEL INSTALLATION OPTION:
Structural Application - Installed Over
Open Framing At or Above 3:12 Slope
SF
ROOF CONFIGURATION
Architectural or Structural Standing Seam Roof System; Seam Height At or Above 2"
Page 97 - Attachment C
14.02.32 PANEL INSTALLATION OPTION:
Structural Application - Installed Over
Open Framing Below 3:12 Slope
SF
14.02.33 PANEL INSTALLATION OPTION:
Structural Application -
At or Above 3:12 Slope -
Installed Over Retrofit Framing System SF
14.02.34 PANEL INSTALLATION OPTION:
Structural Application - Installed Over
Retrofit Framing System Below 3:12
Slope
SF
14.02.35 PANEL INSTALLATION OPTION:
Structural Application - Installed Over
Existing Roof Using Steel Furring At or
Above 3:12 Slope
SF
14.02.36 PANEL INSTALLATION OPTION:
Structural Application - Installed Over
Existing Roof Using Steel Furring Below
3:12 Slope SF
14.02.37 PANEL FABRICATION OPTION:
On-Site Roll Forming - To achieve panel
lengths in excess of shipping or
transportation limitations SF
14.02.38 PANEL FABRICATION OPTION:
Curving Panels - Curving panels to meet
architectural requirements SF
14.02.39 PANEL FABRICATION OPTION:
Tapering Panels - Tapering panels to
meet architectural requirements SF
14.02.40 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 13.00
Must includes coverage for roof uplift
pressures up to 90 MPH SF
14.02.41 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar
Limitations SF
14.02.42 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar
Limitations SF
14.02.43 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
14.03
14.03.01 THICKNESS OPTION:
Bare Aluminum Panel Price -
0.032" Aluminum, 18" Wide Panels SF
14.03.02 THICKNESS OPTION:
Add for Bare Aluminum 0.040"
Aluminum , 18" Wide Panels SF
14.03.03 PANEL WIDTH OPTION:Add for 12" Panel Width - Aluminum SF
14.03.04 PANEL WIDTH OPTION:Add for 16" Panel Width - Aluminum SF
14.03.05 THICKNESS OPTION:
Bare Galvalume Coated Steel or Equal
Panel Price - 24 Ga, 18" Wide Panels SF
14.03.06 THICKNESS OPTION:
Bare Galvalume Coated Steel or Equal
Panel Price - 22 Ga, 18" Wide Panels SF
14.03.07 PANEL WIDTH OPTION:
Add for 12" Panel Width - Galvalume
Coated Steel or Equal SF
14.03.08 PANEL WIDTH OPTION:
Add for 16" Panel Width - Galvalume
Coated Steel or Equal SF
14.03.09 COLOR OPTION:
Add for Standard Colors - Fluorocarbon
Paint System Over Aluminum or
Galvalume Coated Steel Or Equal SF
14.03.10 COLOR OPTION:
Add for Designer Colors - Fluorocarbon
Paint System Over Aluminum or
Galvalume Coated Steel Or Equal SF
14.03.11 COLOR OPTION:
Add for Premium or Custom Colors -
Fluorocarbon Paint System Over
Aluminum or Galvalume Coated Steel Or
Equal SF
14.03.12 THICKNESS OPTION:
Stainless Steel
Panel Price - 24 Ga , 18" Wide Panels SF
14.03.13 THICKNESS OPTION:
Stainless Steel
Panel Price - 22 Ga, 18" Wide Panels SF
14.03.14 PANEL WIDTH OPTION:Add for 12" Panel Width - Stainless Steel SF
14.03.15 PANEL WIDTH OPTION:Add for 16" Panel Width - Stainless Steel SF
14.03.16 THICKNESS OPTION:
Copper
Panel Price - 16 oz,18" Wide Panels SF
14.03.17 THICKNESS OPTION:
Copper
Panel Price - 20 Oz, 18" Wide Panels SF
14.03.18 PANEL WIDTH OPTION:Add for 12" Panel Width - Copper SF
14.03.19 PANEL WIDTH OPTION:Add for 16" Panel Width - Copper SF
14.03.20 THICKNESS OPTION:
Zinc
Panel Price - 0.032", 18" Wide Panels SF
ROOF CONFIGURATION
Architectural or Structural Standing Seam Roof System; Seam Height At or Above 1" Below 2"; Aluminum Panels
Page 98 - Attachment C
14.03.21 THICKNESS OPTION:
Zinc
Panel Price - 0.040", 18" Wide Panels SF
14.03.22 PANEL WIDTH OPTION:Add for 12" Panel Width - Zinc SF
14.03.23 PANEL WIDTH OPTION:Add for 16" Panel Width - Zinc SF
14.03.24 PANEL INSTALLATION OPTION:
Architectural Application - Installed Over
Substrate At or Above 3:12 Slope
SF
14.03.25 PANEL INSTALLATION OPTION:
Architectural Application - Installed Over
Substrate Below 3:12 Slope
SF
14.03.26 PANEL INSTALLATION OPTION:
Structural Application - Installed Over
Open Framing At or Above 3/12 Slope
SF
14.03.27 PANEL INSTALLATION OPTION:
Structural Application - Installed Over
Retrofit Framing System At or Above
3:12 Slope
SF
14.03.28 PANEL INSTALLATION OPTION:
Structural Application - Installed Over
Existing Roof Using Steel Furring
At or Above 3:12 Slope SF
14.03.30 WARRANTY CHARGE:
Cost to Provide 20 Year - Labor &
Material Warranty with No Dollar
Limitations as a Standard Warranty for
All Applications in this Section 14.03
Must includes coverage for roof uplift
pressures up to 90 MPH SF
14.03.31 WARRANTY UPCHARGE:
Add to provide coverage for a 25 Year
Labor & Material Warranty with No Dollar
Limitations SF
14.03.32 WARRANTY UPCHARGE:
Add to provide coverage for a 30 Year
Labor & Material Warranty with No Dollar
Limitations SF
14.03.33 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
14.04
14.04.01 THICKNESS OPTION:
Bare Aluminum Panel Price -
0.032" Aluminum, 14.5" Wide Panels SF
14.04.02 THICKNESS OPTION:
Add for Bare Aluminum 0.040"
Aluminum, 14.5" Wide Panels SF
14.04.03 THICKNESS OPTION:
Bare Galvalume Coated Steel or Equal
Panel Price - 24 Ga, 14.5" Wide Panels SF
14.04.04 THICKNESS OPTION:
Bare Galvalume Coated Steel or Equal
Panel Price - 22 Ga, 14.5" Wide Panels SF
14.04.05 COLOR OPTION:
Add for Standard Colors - Fluorocarbon
Paint System Over Aluminum or
Galvalume Coated Steel Or Equal SF
14.04.06 COLOR OPTION:
Add for Designer Colors - Fluorocarbon
Paint System Over Aluminum or
Galvalume Coated Steel Or Equal SF
14.04.07 COLOR OPTION:
Add for Premium or Custom Colors -
Fluorocarbon Paint System Over
Aluminum or Galvalume Coated Steel Or
Equal SF
14.04.08 THICKNESS OPTION:
Stainless Steel
Panel Price - 24 Ga, 14.5" Wide Panels SF
14.04.09 THICKNESS OPTION:
Stainless Steel
Panel Price - 22 Ga, 14.5" Wide Panels SF
14.04.10 THICKNESS OPTION:
Copper
Panel Price - 16 Oz., 14.5" Wide Panels SF
14.04.11 THICKNESS OPTION:
Copper
Panel Price - 20 Oz., 14.5" Wide Panels SF
14.04.12 THICKNESS OPTION:
Zinc
Panel Price - 0.032" , 14.5" Wide Panels SF
14.04.13 THICKNESS OPTION:
Zinc
Panel Price - 0.040", 14.5" Wide Panels SF
14.04.14 PANEL INSTALLATION OPTION:
Architectural Application - Installed Over
Substrate At or Above 3:12 Slope SF
14.04.15 PANEL INSTALLATION OPTION:
Architectural Application - Installed Over
Substrate Below 3:12 Slope SF
ROOF CONFIGURATION
Architectural Standing Seam Roof System; Seam Height Below 1"
Page 99 - Attachment C
14.04.16 WARRANTY CHARGE:
Cost to Provide 15 Year - Material
Warranty Limited to the Dollar Amount of
the Material Original Purchase as a
Standard Warranty for All Applications in
this Section 14.04
Must includes coverage for roof uplift
pressures up to 90 MPH SF
14.05
ROOF CONFIGURATION
Flat Seam Metal Roof System - 8' Wide / 30 Gauge
14.05.01 INSULATION OPTION:
3/4" of Expanded Polystyrene (Minimum
1.5 lbs./cft) - Includes Panel and
Installation of Roof System SF
14.05.02 INSULATION OPTION:
Mechanically Fastened Polyisocyanurate
with an Average R-Value of 20 - Includes
Panel and Installation of Roof System SF
14.05.03 UNDERLAYMENT OPTION:
Add Install 40 mil self-adhesive
membrane as an Underlayment SF
14.05.04 PANEL WIDTH OPTION:Add/Deduct for 6' Wide Option SF
14.05.05 PANEL WIDTH OPTION:Add/Deduct for 10' Wide Option SF
14.05.06 PANEL WIDTH OPTION:Add/Deduct for 12' Wide Option SF
14.05.07 WARRANTY CHARGES:
Cost to Provide 15 Year - Material
Warranty Limited to the Dollar Amount of
the Material Original Purchase as a
Standard Warranty for All Applications in
this Section 14.05
Must includes coverage for roof uplift
pressures up to 90 MPH SF
15.00 RESTORATIONS - RECOATING OF EXISTING ROOF SYSTEMS
15.01 SF
15.02 LF
15.03 SF
15.04 SF
15.05 SF
15.06 SF
15.07 SF
15.08 SF
15.09 SF
15.10 SF
RESTORATION OF METAL ROOF SYSTEM WITH SYNTHETIC RUBBER COLD-APPLIED COATING
Prepare Metal Roof Surface by Scraping, Sanding, Wire Brush or Blasting (USE SEPRATE LINE ITEM FOR BLASTING
OR WIRE BRUSHING); Clean with TSP or Simple Green; Use Portable Blowers to Clear Roof of Moisture; Apply seam
sealer to seams (1 Gallon per 14 left) Base Coat / Top Coat with Synthetic Rubberized Restorative Coating (1.5 Gallons
per Sq.) According to Manufacturer's Specifications
RESTORATION OF A METAL ROOF SYSTEM WITH SINGLE-COMPONENT URETHANE
Prepare Metal Roof Surface by Scraping, Sanding, Wire Brush or Blasting (USE SEPARATE LINE ITEM FOR BLASTING
OR WIRE BRUSHING); Clean with TSP or Simple Green, Apply Primer with Rust Inhibiting and Chemical Corrosion
Resistance at a Rate of 1/4 Gallon per Square; Wait at least 3 Hours for Primer to Dry; Strip in Seams, Around
Penetrations and Fasteners with a Single-Component, Aliphatic Urethane at a Rate of 2 Gallons per Square /
Reinforcement / 1 Gallon per Square (3 Gallons per Square on All Stripped in Areas) USE SEPARATE LINE ITEM; Wait
24-48 Hours; Apply Single-Component, Aliphatic Urethane as a Base Coat at a Rate of 1.5 Gallons per Square and Top
Coat at a Rate of 1.0 Gallon per Square Over the Entire Roof According to Manufacturer's Specifications.
RESTORATION OF A METAL ROOF SYSTEM WITH TWO-COMPONENT, LOW-ODER URETHANE
Prepare Metal Roof Surface by Scraping, Sanding, Wire Brush or Blasting (USE SEPARATE LINE ITEM FOR BLASTING
OR WIRE BRUSHING); Clean with TSP or Simple Green, Apply Primer with Rust Inhibiting and Chemical Corrosion
Resistance at a Rate of 1/4 Gallon per Square; Wait at least 3 Hours for Primer to Dry; Strip in Seams, Around
Penetrations and Fasteners with a Two-Component, Low-Oder Urethane at a Rate of 2 Gallons per Square /
Reinforcement / 1 Gallon per Square (3 Gallons per Square on All Stripped-In Areas) USE SEPARATE LINE ITEM; Wait
24-48 Hours; Apply Two-Component, Low-Oder Urethane as a Base Coat at a Rate of 1.5 Gallons per Square and Top
Coat at a Rate of 1.0 Gallon per Square Over the Entire Roof According to Manufacturer's Specifications.
COAT ROOF WITH HIGH PERFORMANCE FLUORPOLYMER PAINT SYSTEM FOR METAL ROOFS
Prepare Metal Roof Surface by Scraping, Sanding, Wire Brushing or Blasting (USE SEPARATE LINE ITEM FOR
BLASTING & WIRE BRUSHING); Clean with TSP or Simple Green, Prime at a Rate of (Primer 1/4" Gallon per Square);
Wait; Install Base Coat and Top Coat at a Rate of 1/4 Gallon per Sq. per Coat According to Manufacturer's Specifications
RESTORATION OF A SINGLE-PLY WITH SINGLE-COMPONENT URETHANE & STRIPPED SEAMS
Prepare Roof Surface by Cleaning with TSP or Simple Green, Use Portable Blowers to Clear the Roof Surface of
Moisture; Strip in Seams by Applying a Single-Component, Aliphatic Urethane 2 Gallons per Square USE SEPARATE
LINE ITEM, Wait 24-48 Hours, Apply Single-Component, Aliphatic Urethane as a Base Coat at a Rate of 1.5 Gallons per
Square and Top Coat at a Rate of 1.0 Gallon per Square Over the Entire Roof According to Manufacturer's Specifications.
PREPARE METAL ROOF FOR RESTORATION BY WIRE BRUSHING ROOF SURFACE
Wire Brush Metal Roof Surface to Remove Loose Paint, Rust or Expose Bare Metal
PREPARE METAL ROOF FOR RESTORATION BY WIRE BRUSHING METAL ROOF SEAMS
Wire Brush Metal Roof Seams to Remove Loose Paint, Rust or Expose Bare Metal
PREPARE METAL ROOF FOR RESTORATION BY SANDBLASTING METAL ROOF
Sand-Blast Metal Roof Surface and Seams to Remove Loose Paint, Rust or Expose Bare Metal
RESATURATION OF ASPHALT ROOF SURFACE WITH ASPHALT COATING SYSTEM
Wet Vac Roof to Remove Aggregate, Apply Cold Applied Modified Asphalt Flood Coat & New Aggregate - Coating
Applied at 6-8 Gallons per Sq. w/ New Gravel According to Manufacturer's Specifications (New Flashings also Required
Separate Line Item)
RESATURATION OF ASPHALT OR COAL TAR PITCH BURs WITH COAL-TAR PITCH COATING SYSTEM
Wet Vac Roof to Remove Aggregate, Apply Cold Applied Modified Coal Tar Flood Coat & New Aggregate as Specified
Applied at 6-8 Gallons per Sq. w/ New Gravel According to Manufacturer's Specifications (New Flashings also Required
Refer to Flashing Line Item)
Page 100 - Attachment C
15.11 SF
15.12 SF
15.13 SF
15.14 SF
15.15 SF
15.16 SF
15.17 SF
15.18 SF
15.19 SF
15.20 SF
15.21 SF
15.22 SF
RESTORATION OF A MINERAL-SURFACED BURs/MODIFIED BURS ROOF SYSTEMS WITH TWO-COMPONENT,
LOW-ODOR URETHANE & REINFORCED SEAMS
Prepare Roof Surface by Cleaning with TSP or Simple Green, Use Portable Blowers to Clear the Roof Surface of
Moisture; Reinforce Seams by Applying a Two-Component, Low-Oder Urethane 2.0 Gallons per Square / Reinforcement /
1.0 Gallon per Square (3 Gallons per Square on Seams) USE SEPARATE LINE ITEM, Wait 24-48 Hours, Apply Two-
Component, Low-Oder Urethane as a Base Coat at a Rate of 2.0 Gallons per Square and a Top Coat at a Rate of 2.0
Gallons per Square Over the Entire Roof According to Manufacturer's Specifications.
RESTORATION OF A MINERAL-SURFACE BUR/MODIFIED BUR SYSTEMS WITH FULLY-REINFORCED, TWO-
COMPONENT, LOW-ODER URETHANE
Prepare Roof Surface by Cleaning with TSP or Simple Green, Use Portable Blowers to Clear the Roof Surface of
Moisture; Reinforce Entire Roof Surface by Applying a Two-Component, Low-Oder Urethane 2 Gallons per Square /
Reinforcement / 1.5 Gallon per Square (3.5 Gallons per Square Total Prior to Top Coat), Wait 24-48 Hours, Apply Two-
Component, Low-Oder Urethane as a Top Coat at a Rate of 2 Gallons per Square Over the Entire Roof According to
Manufacturer's Specifications.
RESATURATION OF SMOOTH-SURFACED ASPHALT ROOF WITH FULLY REINFORCED FIBERED ASPHALT
COATING SYSTEM
Infrared roof scan roof system and replace all wet insulation (USE SEPARATE LINE ITEMS); Prime the roof surface at
rate of 1/2 - 3/4 Gallons per Square; Apply heavy-bodied, fiber reinforced asphalt roof coating and embed firm polyester
reinforcement at a rate of 3.0 Gallons per Square / Polyester /3.5 Gallons per Square.
RESATURATION OF SMOOTH-SURFACED ASPHALT ROOF WITH FULLY REINFORCED FIBERED ASPHALT
COATING SYSTEM
Infrared roof scan roof system and replace all wet insulation (USE SEPARATE LINE ITEMS); Prime the roof surface at
rate of 1/2 - 3/4 Gallons per Square; Apply heavy-bodied, fiber reinforced asphalt roof coating and embed soft polyester
reinforcement at a rate of 1.2 Gallons per Square / Polyester /1.4 Gallons per Square.
RESATURATION OF MINERAL-SURFACED ASPHALT ROOF WITH FULLY REINFORCED FIBERED ASPHALT
COATING SYSTEM
Infrared roof scan roof system and replace all wet insulation (USE SEPARATE LINE ITEMS); Prime the roof surface at
rate of 1/2 - 3/4 Gallons per Square; Apply heavy-bodied, fiber reinforced asphalt roof coating and embed firm polyester
reinforcement at a rate of 3.5 Gallons per Square / Polyester / 3.5 Gallons per Square.
RESTORATION OF A SINGLE-PLY ROOF OR SMOOTH-SURFACE BUR/MODIFIED BUR SYSTEMS WITH FULLY-
REINFORCED, SINGLE-COMPONENT URETHANE
Prepare Roof Surface by Cleaning with TSP or Simple Green, Use Portable Blowers to Clear the Roof Surface of
Moisture; Reinforce Entire Roof Surface by Applying a Single-Component, Aliphatic Urethane 2 Gallons per Square /
Reinforcement / 1 Gallon per Square (3.0 Gallons per Square Total Prior to Top Coat), Wait 24-48 Hours, Apply Single-
Component, Aliphatic Urethane as a Top Coat at a Rate of 2 Gallons per Square Over the Entire Roof According to
Manufacturer's Specifications.
RESTORATION OF A MINERAL-SURFACED BURs/MODIFIED BURS ROOF SYSTEMS WITH SINGLE-COMPONENT
URETHANE & REINFORCED SEAMS
Prepare Roof Surface by Cleaning with TSP or Simple Green, Use Portable Blowers to Clear the Roof Surface of
Moisture; Reinforce Seams by Applying a Single-Component, Aliphatic Urethane 2 Gallons per Square / Reinforcement / 1
Gallon per Square (3 Gallons per Square on Seams) USE SEPARATE LINE ITEM, Wait 24-48 Hours, Apply Single-
Component, Aliphatic Urethane as a Base Coat at a Rate of 2.0 Gallons per Square and Top Coat at a Rate of 2.0 Gallons
per Square Over the Entire Roof According to Manufacturer's Specifications.
RESTORATION OF A MINERAL-SURFACE BUR/MODIFIED BUR SYSTEMS WITH FULLY-REINFORCED, SINGLE-
COMPONENT URETHANE
Prepare Roof Surface by Cleaning with TSP or Simple Green, Use Portable Blowers to Clear the Roof Surface of
Moisture; Reinforce Entire Roof Surface by Applying a Single-Component, Aliphatic Urethane 2 Gallons per Square /
Reinforcement / 1.5 Gallon per Square (3.5 Gallons per Square Total Prior to Top Coat), Wait 24-48 Hours, Apply Single-
Component, Aliphatic Urethane as a Top Coat at a Rate of 2 Gallons per Square Over the Entire Roof According to
Manufacturer's Specifications.
RESTORATION OF A SINGLE-PLY WITH TWO-COMPONENT, LOW-ODER URETHANE & STRIPPED SEAMS
Prepare Roof Surface by Cleaning with TSP or Simple Green, Use Portable Blowers to Clear the Roof Surface of
Moisture; Strip in Seams by Applying a Two-Component, Low-Oder Urethane 2 Gallons per Square USE SEPARATE
LINE ITEM, Wait 24-48 Hours, Apply Two-Component, Low-Oder Urethane as a Base Coat at a Rate of 1.5 Gallons per
Square and a Top Coat at a Rate of 1.0 Gallon per Square Over the Entire Roof According to Manufacturer's
Specifications.
RESTORATION OF SMOOTH-SURFACED BURs/MODIFIED BURS ROOF SYSTEMS WITH TWO-COMPONENT,
LOW-ODER URETHANE & REINFORCED SEAMS
Prepare Roof Surface by Cleaning with TSP or Simple Green, Use Portable Blowers to Clear the Roof Surface of
Moisture; Reinforce Seams by Applying a Two-Component, Low-Oder Urethane 2 Gallons per Square / Reinforcement / 1
Gallon per Square (3 Gallons per Square on Seams) USE SEPARATE LINE ITEM, Wait 24-48 Hours, Apply Two-
Component, Low-Oder Urethane as a Base Coat at a Rate of 2 Gallons per Square and a Top Coat at a Rate of 1.5
Gallons per Square Over the Entire Roof According to Manufacturer's Specifications.
RESTORATION OF A SINGLE-PLY ROOF OR SMOOTH-SURFACE BUR/MODIFIED BUR SYSTEMS WITH FULLY-
REINFORCED, TWO-COMPONENT, LOW-ODER URETHANE
Prepare Roof Surface by Cleaning with TSP or Simple Green, Use Portable Blowers to Clear the Roof Surface of
Moisture; Reinforce Entire Roof Surface by Applying a Two-Component, Low-Oder Urethane 2 Gallons per Square /
Reinforcement / 1 Gallon per Square (3 Gallons per Square Total Prior to Top Coat), Wait 24-48 Hours, Apply Two-
Component, Low-Oder Urethane as a Top Coat at a Rate of 2 Gallons per Square Over the Entire Roof According to
Manufacturer's Specifications.
RESTORATION OF SMOOTH-SURFACED BURs/MODIFIED BURS ROOF SYSTEMS WITH SINGLE-COMPONENT
URETHANE & REINFORCED SEAMS
Prepare Roof Surface by Cleaning with TSP or Simple Green, Use Portable Blowers to Clear the Roof Surface of
Moisture; Reinforce Seams by Applying a Single-Component, Aliphatic Urethane 2 Gallons per Square / Reinforcement / 1
Gallon per Square (3 Gallons per Square on Seams) USE SEPARATE LINE ITEM, Wait 24-48 Hours, Apply Single-
Component, Aliphatic Urethane as a Base Coat at a Rate of 2 Gallons per Square and a Top Coat of 1.5 Gallons per
Square Over the Entire Roof According to Manufacturer's Specifications.
Page 101 - Attachment C
15.23 SF
15.24 SF
15.25 SF
15.26 SF
15.27 SF
15.28 SF
15.29 SF
15.30 LF
15.31 LF
15.32 LF
15.33 LF
16.00 INSTALLATION OF SHAKE, TILE, OR SHINGLE ROOF SYSTEMS
16.01 SF
16.02 SF
16.03 SF
16.04 SF
16.05 SF
16.06 SF
16.07 SF
17.00 FULLY ADHERED SINGLE-PLY ROOF SYSTEMS
17.01 METAL DECK - SINGLE-PLY APPLICATION
17.01.01 INSULATION OPTION:
Mechanically Fasten Polyisocyanurate /
Adhere 1/2" Treated Gypsum Insulation
Board with Glass-Mat (e.g. DensDeck /
Securock / Equal) with Insulation
Adhesive to Provide an Average R-Value
of 20 SF
17.02 WOOD/TECTUM DECK - SINGLE-PLY APPLICATION
INSTALL NEW DIMENSIONAL SHINGLE ROOF SYSTEM -
New Dimensional Shingle Roof System with Base Sheet as an Underlayment; Install Self-Adhering Underlayment on All
Eaves, Peaks & Valleys
INSTALL NEW CEDAR SHAKE ROOF SYSTEM -
New Cedar Shake Roof System with Base Sheet as an Underlayment; Install Self-Adhering Underlayment on All Eaves,
Peaks & Valleys
INSTALL NEW BARREL CLAY/CEMENT TILE ROOF SYSTEM -
New Barrel Clay/Cement Tile Roof System with Base Sheet as an Underlayment; Install Self-Adhering Underlayment on
All Eaves, Peaks & Valleys
INSTALL SLATE TILE ROOF SYSTEM -
New Slate Tile Roof System with Base Sheet as an Underlayment; Install Self-Adhering Underlayment on All Eaves,
Peaks & Valleys
ADD/DEDIUCT TO INSTALL SELF-ADHERING UNDERLAYMENT OVER ENTIRE ROOF -
Install Self-Adhering Underlayment on Entire Roof Deck
REINFORCING SEAMS WITH SINGLE-COMPONENT URETHANE
Reinforce Seams by Applying a Single-Component, Aliphatic Urethane 2 Gallons per Square / Reinforcement / 1 Gallons
per Square (3 Gallons per Square on Seams)
REINFORCING SEAMS WITH TWO-COMPONENT, LOW-ODER URETHANE
Reinforce Seams by Applying a Two-Component, Low-Oder Urethane 2 Gallons per Square / Reinforcement / 1 Gallons
per Square (3 Gallons per Square on Seams)
STRIPPING IN SEAMS WITH SINGLE-COMPONENT URETHANE
Strip in Seams by Applying a Single-Component, Aliphatic Urethane 2 Gallons per Square
STRIPPING IN SEAMS WITH TWO-COMPONENT, LOW-ODER URETHANE
Strip in Seams by Applying a Two-Component, Low Odor Urethane 2 Gallons per Square
INSTALL NEW THREE-TAB SHINGLE ROOF SYSTEM -
New Three-Tab Shingles with Base Sheet as an Underlayment; Install Self-Adhering Underlayment on All Eaves, Peaks &
Valleys
REPLACING ARCHITECTURAL SHINGLE ROOF SYSTEM -
New Dimensional Shingle Roof System with Base Sheet as an Underlayment, Install Self-Adhering Underlayment on All
Eaves, Peaks & Valleys
COAT EXISTING ROOF SURFACE WITH FIBRATED ALUMINUM ROOF COATING
Prepare Roof Surface by Sweeping Off All Dirt, Dust and Debris; If Existing Roof Surface is Weathered, Prime the Roof
Surface at a Rate of 1 Gallon per Square; If Repairs to Any Cracks, Splits or Surface Irregularities Exist, Repair with a 3
Course Application of Mastic / Mesh / Mastic (USE SEPARATE LINE ITEM); Apply Fibrated Aluminum Roof Coating at a
Rate of 2 Gallons per Square.
RESTORATION OF SMOOTH-SURFACED OR MINERAL-SURFACED ASPHALT-BASED ROOF WITH FULLY-
REINFORCED GLASS FIBERED ASPHALT EMULSION
Prepare Roof Surface to be Clean & Free of Dust; Repair All Splits Tears of Blisters with a Three Course Application of
Mastic / Mesh / Mastic (USE SEPARATE LINE ITEM); Prime the Roof Surface at a Rate of 1/2 Gallon per Square.
Embed Polyester into the Asphalt Emulsion in a 2 Coat Application at a Rate of 3 Gallons per Square / Polyester / 3
Gallons per Square
RESTORATION OF SMOOTH-SURFACED OR MINERAL-SURFACED ASPHALT-BASED ROOF WITH GLASS
FIBERED ASPHALT EMULSION
Prepare Roof Surface to be Clean & Free of Dust; Repair All Splits Tears of Blisters with a Three Course Application of
Mastic / Mesh / Mastic (USE SEPARATE LINE ITEM); Prime the Roof Surface at a Rate of 1/2 Gallon per Square. Apply
Asphalt Emulsion in a 2 Coat Application at a Rate of 2.5 Gallons per Square per Coat.
RESTORATION OF SINGLE-PLY, SMOOTH-SURFACED OR MINERAL-SURFACED ASPHALT-BASED ROOF WITH
SILICONE COATING
Prepare Roof Surface to be Clean & Free of Dust; Apply Silicone Coating System in a Single Coat Application at a Rate of
2.5 Gallons per Square
RESTORATION OF GRAVEL-SURFACED ASPHALT-BASED ROOF WITH SILICONE COATING
Wet Vac or Spud Any Loose Gravel Off of Roof Surface & Dispose; Sweep Roof Surface to be Clean and Free of Dust;
Apply Primer as a Bleed-Blocker at a Rate of 1/2 Gallon per Square; Apply Self-Leveling Silicone at a Rate of 6 Gallons
per Square; Apply Silicone Coating System in a Single Coat Application at a Rate of 2.5 Gallons per Square.
ELASTOMERIC ASPHALT-BASED LIQUID APPLIED MEMBRANE SYSTEM FOR SMOOTH OR MINERAL
SURFACED ROOFS
Clean and Prime then Install Base Coat / Top Coat as Specified with Reinforced Seams - Restoration Coating Fully
Reinforced System w/ Reflective Top Coat (3 Gallons per Sq. of Restoration Coating - Reinforcement - Additional 3
Gallons per Sq. of Restoration Coating; Allow 30 Day Cure and Install Reflective Coating at 1 Gallon per Sq. (New
Flashings also Required Refer to Flashing Line Item)
RESATURATION OF MINERAL-SURFACED ASPHALT ROOF WITH FULLY REINFORCED FIBERED ASPHALT
COATING SYSTEM
Infrared Roof Scan Roof System And Replace All Wet Insulation (Use Separate Line Items); Prime The Roof Surface At
Rate Of 1/2 - 3/4 Gallons Per Square; Apply Heavy-Bodied, Fiber Reinforced Asphalt Roof Coating And Embed Soft
Polyester Reinforcement At A Rate Of 1.4 Gallons Per Square / Polyester /1.4 Gallons Per Square.
Page 102 - Attachment C
17.02.01 INSULATION OPTION:
WOOD DECK: Mechanically Fasten
Polyisocyanurate /
Adhere Treated 1/2" Gypsum Insulation
Board with Glass-Mat (e.g. DensDeck /
Securock / Equal) with Insulation
Adhesive to Provide an Average R-Value
of 20 SF
17.02.02 INSULATION OPTION:
TECTUM DECK: Mechanically Attach
Base Sheet & Adhere Polyisocyanurate
in Insulation Adhesive / Adhere 1/2"
Treated Gypsum Insulation Board with
Glass-Mat (e.g. DensDeck / Securock /
Equal) in Insulation Adhesive to Provide
an Average R-Value of 20 SF
17.02.03 INSULATION OPTION:
Without Insulation - Must Include Rosin &
Mechanically Fasten Glass Base Sheet SF
17.03 LIGHTWEIGHT CONCRETE/GYPSUM DECK - SINGLE-PLY APPLICATION
17.03.01 INSULATION OPTION:
Adhere Polyisocyanurate in Insulation
Adhesive / Adhere 1/2" Treated Gypsum
Insulation Board with Glass-Mat (e.g.
DensDeck / Securock / Equal) in
Insulation Adhesive to Provide an
Average R-Value of 20 SF
17.03.02 INSULATION OPTION:
Without Insulation - Must Include Rosin &
Mechanically Fasten Glass Base Sheet SF
17.04 CONCRETE DECK - SINGLE-PLY APPLICATION
17.04.01 INSULATION OPTION:
Adhere Polyisocyanurate in Insulation
Adhesive / Adhere 1/2" Treated Gypsum
Insulation Board with Glass-Mat (e.g.
DensDeck / Securock / Equal) in
Insulation Adhesive to Provide an
Average R-Value of 20 SF
17.04.02 INSULATION OPTION:
Minimal Insulation - Must Adhere 1/2"
Treated Gypsum Insulation Board with
Glass-Mat (e.g. DensDeck / Securock /
Equal) in Insulation Adhesive to Provide
an Average R-Value of 20 SF
17.05
17.05.01 SINGLE-PLY ROOF TYPE:
ASTM D 4637 - Ethylene Propylene
Diene Terpolymer (EPDM) - 45 Mil
Thickness SF
17.05.02 SINGLE-PLY ROOF TYPE:
ASTM D 4637 - Ethylene Propylene
Diene Terpolymer (EPDM) - 60 Mil
Thickness SF
17.05.03 SINGLE-PLY ROOF TYPE:
ASTM D 4637 - Ethylene Propylene
Diene Terpolymer (EPDM) - 90 Mil
Thickness SF
17.05.04 SINGLE-PLY ROOF TYPE:
ASTM D 6878 - Thermoplastic Polyolefin
(TPO) - 45 Mil Thickness SF
17.05.05 SINGLE-PLY ROOF TYPE:
ASTM D 6878 - Thermoplastic Polyolefin
(TPO) - 60 Mil Thickness SF
17.05.06 SINGLE-PLY ROOF TYPE:
ASTM D 6878 - Thermoplastic Polyolefin
(TPO) - 90 Mil Thickness SF
17.05.07 SINGLE-PLY ROOF TYPE:
ASTM D 4434 - Poly Vinyl Chloride
(PVC) - 45 Mil Thickness SF
17.05.08 SINGLE-PLY ROOF TYPE:
ASTM D 4434 - Poly Vinyl Chloride
(PVC) - 60 Mil Thickness SF
17.05.09 SINGLE-PLY ROOF TYPE:
ASTM D 4434 - Poly Vinyl Chloride
(PVC) - 90 Mil Thickness SF
17.05.10 SINGLE-PLY ROOF TYPE:
ASTM D 6754 - Ketone Ethylene Ester
(KEE) - 45 Mil Thickness SF
17.05.11 SINGLE-PLY ROOF TYPE:
ASTM D 6754 - Ketone Ethylene Ester
(KEE) - 60 Mil Thickness SF
17.05.12 SINGLE-PLY ROOF TYPE:
ASTM D 6754 - Ketone Ethylene Ester
(KEE) - 80 Mil Thickness SF
17.05.13 INSTALLATION OPTION:
Add / Deduct for Mechanically Attaching
Single-Ply Roof System Vs. Fully
Adhering SF
17.05.15 WARRANTY CHARGES:
Cost to Provide 15 Year - Material
Warranty Limited to the Dollar Amount of
the Material Original Purchase as a
Standard Warranty for All Applications in
this Section 17.05
Must includes coverage for roof uplift
pressures up to 90 MPH SF
17.05.16 WARRANTY UPCHARGE:
Add to provide coverage for a 15 Year
Labor & Material Warranty with No Dollar
Limitations SF
ROOF CONFIGURATION:
Fully Adhered Single-Ply Roof System Installed Over Prepared Surface or Insulation
Page 103 - Attachment C
17.05.17 WARRANTY UPCHARGE:
Add to provide coverage for a 20 Year
Labor & Material Warranty with No Dollar
Limitations SF
17.05.18 WARRANTY UPCHARGE:
Add to provide coverage for roof uplift
pressures up to 120 MPH SF
18.00
FLUID APPLIED WATERPROOFING MEMBRANE SYSTEMS WITH
POLYURETHANE RESIN COATINGS
18.01
18.01.01 FLUID APPLIED MEMBRANE SYSTEM:Two Coat System SF
18.01.02 FLUID APPLIED MEMBRANE SYSTEM:Three Coat System SF
18.01.03 FLUID APPLIED MEMBRANE SYSTEM:Three Coat Reinforced System SF
18.01.04 FLUID APPLIED MEMBRANE SYSTEM:Four Coat Reinforced System SF
18.01.05 WARRANTY CHARGES:
5 Year Waterproofing Material Warranty
Limited to the Dollar Amount of the
Material Original Purchase as a Standard
Warranty for All Applications in this
Section 18.01 SF
18.01.06 WARRANTY CHARGES:
10 Year Waterproofing Material Warranty
Limited to the Dollar Amount of the
Material Original Purchase as a Standard
Warranty for All Applications in this
Section 18.01 SF
18.02 POLYURETHANE COATINGS DIRECT TO WOOD SUBSTRATE
18.02.01 FLUID APPLIED MEMBRANE SYSTEM:Two Coat System SF
18.02.02 FLUID APPLIED MEMBRANE SYSTEM:Three Coat System SF
18.02.03 FLUID APPLIED MEMBRANE SYSTEM:Three Coat Reinforced System SF
18.02.04 FLUID APPLIED MEMBRANE SYSTEM:Four Coat Reinforced System SF
18.02.05 WARRANTY CHARGES:
5 Year Waterproofing Material Warranty
Limited to the Dollar Amount of the
Material Original Purchase as a Standard
Warranty for All Applications in this
Section 18.02 SF
18.02.06 WARRANTY CHARGES:
10 Year Waterproofing Material Warranty
Limited to the Dollar Amount of the
Material Original Purchase as a Standard
Warranty for All Applications in this
Section 18.02 SF
18.03
18.03.01 SF
18.03.02 SF
18.03.03 SF
18.03.04 SF
18.03.05 SF
18.03.06 SF
18.03.07 SF
18.03.08 SF
18.03.09 SF
18.03.10 SF
18.03.11 SF
18.03.12 SF
18.03.13 SF
18.03.14 SF
18.03.15 SF
18.04
18.04.01 LF
STRUCTURAL EXPANSION JOINT
Installation or replacement of an expansion joint that is necessary for structural integrity
MILLING
Mill an existing coating 1/8 inch to 1/4 inch
PRESSURE WASHING - HORIZONTAL
Pressure washing horizontal surfaces with 2000 PSI or greater
PRESSURE WASHING - VERTICAL
Pressure washing horizontal surfaces with 2000 PSI or greater
SAND BLASTING
Sand blast an existing coating
SHOT BLASTING
Shot blast an existing coating
FLUID APPLIED WATERPROOFING MEMBRANE SYSTEM BASE ON POLYURETHANE RESINS - ANCILARY
REPAIRS & SURFACE PREPARATION
CONCRETE REPAIRS TO VERTICAL SURFACES - FULL DEPTH
Removal and replacement of damaged concrete to exclude substrate repair / re-installation; includes reinforcement
CONCRETE REPAIRS TO HORIZONTAL SURFACES: 2"-4" DEPTH
Removal and replacement of damaged concrete to exclude substrate repair / re-installation
CONCRETE REPAIRS TO HORIZONTAL SURFACES - 4"-6" DEPTH
Removal and replacement of damaged concrete to exclude substrate repair / re-installation; includes reinforcement
CONCRETE REPAIRS TO HORIZONTAL SURFACES - FULL DEPTH
Removal and replacement of damaged concrete to exclude substrate repair / re-installation; includes reinforcement
GRINDING
Grind an existing coating
HANDHELD GRINDING
Grind an existing coating in areas that only can be done by hand
POLYURETHANE COATINGS DIRECT TO PRIMED CONCRETE SUBSTRATE (INCLUDE PRIMER FOR
CONCRETE SUBSTRATE)
FLUID APPLIED WATERPROOFING MEMBRANE SYSTEM BASE ON POLYURETHANE RESINS - CONCRETE
SURFACE REPAIRS & PREPARATION
CONCRETE REPAIRS TO OVERHEAD SURFACES: 2"-4" DEPTH
Removal and replacement of damaged concrete to exclude substrate repair / re-installation
CONCRETE REPAIRS TO OVERHEAD SURFACES: FULL DEPTH
Removal and replacement of damaged concrete to exclude substrate repair / re-installation
CONCRETE REPAIRS TO VERTICAL SURFACES: 3"-5" DEPTH
Removal and replacement of damaged concrete to exclude substrate repair / re-installation
CONCRETE REPAIRS TO VERTICAL SURFACES - 5"-8" DEPTH
Removal and replacement of damaged concrete to exclude substrate repair / re-installation; includes reinforcement
Page 104 - Attachment C
18.04.02 LF
18.04.03 LF
18.04.04 LF
18.04.05 LF
18.04.06 SF
18.05
18.05.01 LF
18.05.02 LF
19.00 WALL COATINGS FOR COATING WALL SYSTEMS
19.01 SF
19.02 SF
19.03 SF
19.04 SF
20.00 NEW FLASHINGS FOR ROOFING SYSTEMS & RESTORATION OPTIONS
20.01
20.01.01 FLASHING OPTION:
Separate Base & Top Ply: BASE PLY:
SBS Modified Fiberglass Reinforced
Base Flashing Ply w/ Tensile Strength of
100 lbf/in tensile (ASTM D 5147); TOP
PLY: ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type II - 80 lbf/in tensile SF
20.01.02 FLASHING OPTION:
BASE PLY: SBS Modified Fiberglass
Reinforced Base Flashing Ply w/ Tensile
Strength of 100 lbf/in tensile (ASTM D
5147); TOP PLY: ASTM D 6163 SBS
Fiberglass Reinforced Modified
Bituminous Sheet Material Type III - 220
lbf/in tensile SF
20.01.03 FLASHING OPTION:
BASE PLY: SBS Modified Fiberglass
Reinforced Base Flashing Ply w/ Tensile
Strength of 100 lbf/in tensile (ASTM D
5147); TOP PLY: ASTM D 6162 SBS
Fiberglass/Polyester Reinforced Modified
Bituminous Sheet Material Type III - 310
lbf/in tensile SF
20.01.04 FLASHING OPTION:
BASE PLY: SBS Modified Fiberglass
Reinforced Base Flashing Ply w/ Tensile
Strength of 100 lbf/in tensile (ASTM D
5147); TOP PLY: ASTM D 6162 SBS
Fiberglass/Polyester Reinforced Modified
Bituminous Sheet Material Type III - 500
lbf/in tensile SF
20.01.05 FLASHING OPTION:
BASE PLY: SBS Modified Fiberglass
Reinforced Base Flashing Ply w/ Tensile
Strength of 100 lbf/in tensile (ASTM D
5147); TOP PLY: ASTM D 6162 SBS
Fiberglass/Polyester Reinforced Modified
Bituminous Sheet Material Type III - 600
lbf/in tensile SF
20.01.01 FLASHING OPTION:
Separate Base & Top Ply: BASE PLY:
SBS Modified Fiberglass Reinforced
Base Flashing Ply w/ Tensile Strength of
200 lbf/in tensile (ASTM D 5147); TOP
PLY: ASTM D 6163 SBS Fiberglass
Reinforced Modified Bituminous Sheet
Material Type II - 80 lbf/in tensile SF
20.01.02 FLASHING OPTION:
BASE PLY: SBS Modified Fiberglass
Reinforced Base Flashing Ply w/ Tensile
Strength of 200 lbf/in tensile (ASTM D
5147); TOP PLY: ASTM D 6163 SBS
Fiberglass Reinforced Modified
Bituminous Sheet Material Type III - 220
lbf/in tensile SF
ELASTOMERIC COATING FOR CONCRETE TILT WALL SYSTEM -
Base Coat of Coating @ 1 Gallon per Sq. / Top Coat @ 1 Gallon per Sq. Applied as Specified
ROOF FLASHINGS FOR MODIFIED & COAL TAR PITCH ROOF SYSTEMS:
Minimum 1 Ply of Base Flashing and Mineral Cap Sheet Installed in Hot ASTM D 312 Type III or IV Asphalt
FLUID APPLIED WATERPROOFING MEMBRANE SYSTEM BASE ON POLYURETHANE RESINS - ADDITIONAL
OPTIONS FOR APPLICATION & SURFACING
INSTALL REINFORCEMENT IN COATING SYSTEM
Installation of reinforcement adjustment of coverage rates to accommodate reinforcement
BROADCAST GRANULES TO PROVIDE SKID RESISTANCE
Broadcast aggregate or granules to provide skid resistance in top coat
ELASTOMERIC COATING FOR STUCCO WALL SYSTEM -
Base Coat of Coating @ 1 Gallon per Sq. / Top Coat @ 1 Gallon per Sq. Applied as Specified
ELASTOMERIC COATING FOR EFIS WALL SYSTEM -
Base Coat of Coating @ 1 Gallon per Sq. / Top Coat @ 1 Gallon per Sq. Applied as Specified
ELASTOMERIC COATING FOR CMU WALL SYSTEM -
Base Coat of Coating @ 1 Gallon per Sq. / Top Coat @ 1 Gallon per Sq. Applied as Specified
CAULKING JOINTS
Installation of caulking in joints. See caulking chart
ROUTING AND REMOVAL OF EXISTING CAULK
Rout and remove of existing caulk out of expansion joints
EPOXY INJECTION FOR CRACK REPAIR
Route cracks, drill holes every 18" inches, and inject and seal with epoxy
TAPE WOOD DECK JOINTS - INSTALLATION OF TAPE ON DECK JOINTS
WOOD SUBSTRATE REPLACEMENT - REMOVAL AND REPLACEMENT
Page 105 - Attachment C
20.01.03 FLASHING OPTION:
BASE PLY: SBS Modified Fiberglass
Reinforced Base Flashing Ply w/ Tensile
Strength of 200 lbf/in tensile (ASTM D
5147); TOP PLY: ASTM D 6162 SBS
Fiberglass/Polyester Reinforced Modified
Bituminous Sheet Material Type III - 310
lbf/in tensile SF
20.01.04 FLASHING OPTION:
BASE PLY: SBS Modified Fiberglass
Reinforced Base Flashing Ply w/ Tensile
Strength of 200 lbf/in tensile (ASTM D
5147); TOP PLY: ASTM D 6162 SBS
Fiberglass/Polyester Reinforced Modified
Bituminous Sheet Material Type III - 500
lbf/in tensile SF
20.01.05 FLASHING OPTION:
BASE PLY: SBS Modified Fiberglass
Reinforced Base Flashing Ply w/ Tensile
Strength of 200 lbf/in tensile (ASTM D
5147); TOP PLY: ASTM D 6162 SBS
Fiberglass/Polyester Reinforced Modified
Bituminous Sheet Material Type III - 600
lbf/in tensile SF
20.01.06 FLASHING OPTION:
BASE PLY: SBS Modified
Polyester/Fiberglass Reinforced Base
Flashing Ply - 300 lbf/in tensile (ASTM D
5147); TOP PLY: ASTM D 6163 SBS
Fiberglass Reinforced Modified
Bituminous Sheet Material Type II - 80
lbf/in tensile SF
20.01.07 FLASHING OPTION:
BASE PLY: SBS Modified
Polyester/Fiberglass Reinforced Base
Flashing Ply - 300 lbf/in tensile (ASTM D
5147); TOP PLY: ASTM D 6163 SBS
Fiberglass Reinforced Modified
Bituminous Sheet Material Type III - 220
lbf/in tensile SF
20.01.08 FLASHING OPTION:
BASE PLY: SBS Modified
Polyester/Fiberglass Reinforced Base
Flashing Ply - 300 lbf/in tensile (ASTM D
5147); TOP PLY: ASTM D 6162 SBS
Fiberglass/Polyester Reinforced Modified
Bituminous Sheet Material Type III - 310
lbf/in tensile SF
20.01.09 FLASHING OPTION:
BASE PLY: SBS Modified
Polyester/Fiberglass Reinforced Base
Flashing Ply - 300 lbf/in tensile (ASTM D
5147); TOP PLY: ASTM D 6162 SBS
Fiberglass/Polyester Reinforced Modified
Bituminous Sheet Material Type III - 500
lbf/in tensile SF
20.01.10 FLASHING OPTION:
BASE PLY: SBS Modified
Polyester/Fiberglass Reinforced Base
Flashing Ply - 300 lbf/in tensile (ASTM D
5147); TOP PLY: ASTM D 6162 SBS
Fiberglass/Polyester Reinforced Modified
Bituminous Sheet Material Type III - 600
lbf/in tensile SF
20.01.11 SF
20.01.12 SF
20.02
Torch Applied Flashings -
Minimum 1 Ply of Torch Base and Torch Mineral Cap Sheet; Torch Applied
20.02.01 FLASHING OPTION:
BASE PLY: SBS Modified
Polyester/Fiberglass Reinforced Base
Torch Applied Flashing Ply - 80 lbf/inch
tensile (ASTM D 5147); TOP PLY:
ASTM D 6162 SBS Fiberglass/Polyester
Reinforced Modified Bituminous Sheet
Material Type III - 300 lbf/in Tensile
Torch Applied Membrane SF
20.03
20.03.01 FLASHING OPTION:
BASE PLY: SBS Polyester OR
Fiberglass/Polyester OR Fiberglass
Reinforced Self-Adhering Flashing Ply -
50 lbf/ tensile (ASTM D 5147); TOP PLY:
ASTM D 6161 (Polyester) OR 6162
(Fiberglass/Polyester) OR 6163
(Fiberglass) Self-Adhering Reinforced
Modified Bituminous Membrane Type III -
130 lbf/in tensile SF
PER SQUARE FOOT COSTS - INSTALLING IN COLD PROCESS FLASHING ADHESIVE
Substitute Hot Asphalt Application for Cold Process Flashing Adhesive Application
PER SQUARE FOOT COSTS - INSTALLING IN COLD PROCESS FLASHING ADHESIVE
Substitute Hot Asphalt Application for No VOCs, 100% Solids Cold Process Flashing Adhesive Application
Self-Adhering Flashings -
Minimum 1 Ply of Self-Adhering Base and Self-Adhering Mineral Cap Sheet; Self-Adhering
Page 106 - Attachment C
20.04
20.04.01 ROOF MEMBRANE OPTION:
ASTM D 4637 - Ethylene Propylene
Diene Terpolymer (EPDM) - 45 Mil
Thickness SF
20.04.02 ROOF MEMBRANE OPTION:
ASTM D 4637 - Ethylene Propylene
Diene Terpolymer (EPDM) - 60 Mil
Thickness SF
20.04.03 ROOF MEMBRANE OPTION:
ASTM D 4637 - Ethylene Propylene
Diene Terpolymer (EPDM) - 90 Mil
Thickness SF
20.04.04 ROOF MEMBRANE OPTION:
ASTM D 6878 - Thermoplastic Polyolefin
(TPO) - 45 Mil Thickness SF
20.04.05 ROOF MEMBRANE OPTION:
ASTM D 6878 - Thermoplastic Polyolefin
(TPO) - 60 Mil Thickness SF
20.04.06 ROOF MEMBRANE OPTION:
ASTM D 6878 - Thermoplastic Polyolefin
(TPO) - 90 Mil Thickness SF
20.04.07 ROOF MEMBRANE OPTION:
ASTM D 4434 - Poly Vinyl Chloride
(PVC) - 45 Mil Thickness SF
20.04.08 ROOF MEMBRANE OPTION:
ASTM D 4434 - Poly Vinyl Chloride
(PVC) - 60 Mil Thickness SF
20.04.09 ROOF MEMBRANE OPTION:
ASTM D 4434 - Poly Vinyl Chloride
(PVC) - 90 Mil Thickness SF
20.04.10 ROOF MEMBRANE OPTION:
ASTM D 6754 - Ketone Ethylene Ester
(KEE) - 45 Mil Thickness SF
20.04.11 ROOF MEMBRANE OPTION:
ASTM D 6754 - Ketone Ethylene Ester
(KEE) - 60 Mil Thickness SF
20.04.12 ROOF MEMBRANE OPTION:
ASTM D 6754 - Ketone Ethylene Ester
(KEE) - 80 Mil Thickness SF
21.00 METAL WALL PANEL SYSTEMS
21.01
WALL SYSTEM
Exposed Fastener Wall Panel System
21.01.01 THICKNESS OPTION:
Bare Aluminum Panel Price -
0.032" Aluminum, 36" Wide Panels SF
21.01.02 THICKNESS OPTION:
Add for Bare Aluminum 0.040"
Aluminum, 36" Wide Panels SF
21.01.03 PANEL WIDTH OPTION:Add for 32" Panel Width - Aluminum SF
21.01.04 THICKNESS OPTION:
Bare Galvalume Coated Steel or Equal
Panel Price - 24 Ga, 36" Wide Panels SF
21.01.05 THICKNESS OPTION:
Bare Galvalume Coated Steel or Equal
Panel Price - 22 Ga, 36" Wide Panels SF
21.01.06 PANEL WIDTH OPTION:
Add for 32" Panel Width - Galvalume
Coated Steel or Equal SF
21.01.07 COLOR OPTION:
Add for Standard Colors - Fluorocarbon
Paint System Over Aluminum or
Galvalume Coated Steel Or Equal SF
21.01.08 COLOR OPTION:
Add for Designer Colors - Fluorocarbon
Paint System Over Aluminum or
Galvalume Coated Steel Or Equal SF
21.01.09 COLOR OPTION:
Add for Premium or Custom Colors -
Fluorocarbon Paint System Over
Aluminum or Galvalume Coated Steel Or
Equal SF
21.01.10 THICKNESS OPTION:
Stainless Steel
Panel Price - 24 Ga, 36" Wide Panels SF
21.01.11 THICKNESS OPTION:
Stainless Steel
Panel Price - 22 Ga, 36" Wide Panels SF
21.01.12 PANEL WIDTH OPTION:Add for 32" Panel Width - Stainless Steel SF
21.01.13 THICKNESS OPTION:
Copper
Panel Price - 16 Oz., 36" Wide Panels SF
21.01.14 THICKNESS OPTION:
Copper
Panel Price - 20 Oz., 36" Wide Panels SF
21.01.15 PANEL WIDTH OPTION:Add for 32" Panel Width - Copper SF
21.01.16 THICKNESS OPTION:
Zinc
Panel Price - 0.032", 36" Wide Panels SF
21.01.17 THICKNESS OPTION:
Zinc
Panel Price - 0.040", 36" Wide Panels SF
21.01.18 PANEL WIDTH OPTION:Add for 32" Panel Width - Zinc SF
21.01.19 PANEL INSTALLATION & INSULATION OPTION:
Over Girts; 3/4" of Expanded Polystyrene
(Minimum 1.5 lbs./cft) Installed Between
Girts SF
21.01.20 PANEL INSTALLATION & INSULATION OPTION:
Over Girts; Mechanically Fastened
Polyisocyanurate with an Average R-
Value of 19 Installed Between Girts SF
21.01.21 PANEL INSTALLATION & INSULATION OPTION:
Over Girts; Mechanically Attach Batten
Fiberglass Insulation with an Average R-
Value of 19 Installed Between Girts SF
Single-Ply Flashings -
Fully Adhered Single-Ply Roof Flashings Installed on Corresponding Single-Ply Roof Systems
Page 107 - Attachment C
21.01.22 PANEL INSTALLATION & INSULATION OPTION:
RAIN SCREEN CONFIGURATION:
Over Steel Stud Wall - Exterior Gypsum
Sheeting 1/2" to 5/8" Thickness, Air
Barrier (Priced Separately Below), Rock
Wool or Extruded Polystyrene Insulation
(Priced Separately Below) & Metal Wall
Panel Drainage, Ventilation and
Attachment System SF
21.01.23 PANEL INSTALLATION & INSULATION OPTION:
RAIN SCREEN CONFIGURATION:
Over Existing Wall Construction - Air
Barrier (Priced Separately Below), Rock
Wool or Extruded Polystyrene Insulation
(Priced Separately Below) & Metal Wall
Panel Drainage, Ventilation and
Attachment System SF
21.01.24 PANEL INSTALLATION & INSULATION OPTION:Over Plywood; No Insulation SF
21.02
WALL SYSTEM
Concealed Fastener Wall Panel System - 12" Wide Panels
21.02.01 THICKNESS OPTION:
Bare Aluminum Panel Price -
0.032" Aluminum Thickness SF
21.02.02 THICKNESS OPTION:
Add for Bare Aluminum, 0.040"
Aluminum SF
21.02.03 THICKNESS OPTION:
Bare Galvalume Coated Steel or Equal
Panel Price - 24 Ga SF
21.02.04 THICKNESS OPTION:
Bare Galvalume Coated Steel or Equal
Panel Price - 22 Ga SF
21.02.05 COLOR OPTION:
Add for Standard Colors - Fluorocarbon
Paint System Over Aluminum or
Galvalume Coated Steel Or Equal SF
21.02.06 COLOR OPTION:
Add for Designer Colors - Fluorocarbon
Paint System Over Aluminum or
Galvalume Coated Steel Or Equal SF
21.02.07 COLOR OPTION:
Add for Premium or Custom Colors -
Fluorocarbon Paint System Over
Aluminum or Galvalume Coated Steel Or
Equal SF
21.02.08 THICKNESS OPTION:
Stainless Steel
Panel Price - 24 Ga Thickness SF
21.02.09 THICKNESS OPTION:
Stainless Steel
Panel Price - 22 Ga Thickness SF
21.02.10 THICKNESS OPTION:
Copper
Panel Price - 16 Oz Thickness SF
21.02.11 THICKNESS OPTION:
Copper
Panel Price - 20 Oz Thickness SF
21.02.12 THICKNESS OPTION:
Zinc
Panel Price - 0.032" Thickness SF
21.02.13 THICKNESS OPTION:
Zinc
Panel Price - 0.040" Thickness SF
21.02.14 PANEL INSTALLATION & INSULATION OPTION:
Over Girts; 3/4" of Expanded Polystyrene
(Minimum 1.5 lbs./cft) Installed Between
Girts SF
21.02.15 PANEL INSTALLATION & INSULATION OPTION:
Over Girts; Mechanically Fastened
Polyisocyanurate with an Average R-
Value of 19 Installed Between Girts SF
21.02.16 PANEL INSTALLATION & INSULATION OPTION:
Over Girts; Mechanically Attach Batten
Fiberglass Insulation with an Average R-
Value of 19 Installed Between Girts SF
21.02.17 PANEL INSTALLATION & INSULATION OPTION:Over Plywood; No Insulation SF
21.02.18 PANEL INSTALLATION & INSULATION OPTION:
RAIN SCREEN CONFIGURATION:
Over Steel Stud Wall - Exterior Gypsum
Sheeting 1/2" to 5/8" Thickness, Air
Barrier (Priced Separately Below), Rock
Wool or Extruded Polystyrene Insulation
(Priced Separately Below) & Metal Wall
Panel Drainage, Ventilation and
Attachment System SF
21.02.19 PANEL INSTALLATION & INSULATION OPTION:
RAIN SCREEN CONFIGURATION:
Over Existing Wall Construction - Air
Barrier (Priced Separately Below), Rock
Wool or Extruded Polystyrene Insulation
(Priced Separately Below) & Metal Wall
Panel Drainage, Ventilation and
Attachment System SF
21.02.20 PANEL TYPE OPTION:
Add for Factory Insulated Concealed
Fastener Wall Panel SF
21.03
21.03.01 Non-Permeable Option:Fluid Applied System - ASTM 2178 SF
21.03.02 Non-Permeable Option:
Fluid Applied Water Based System -
ASTM 2178 SF
AIR BARRIER FOR WALL APPLICATIONS (BRICK, CMU, MASONARY WALLS OR STUD WALL WITH EXTERIOR
GYPSUM SHEETING)
Page 108 - Attachment C
21.03.03 Non-Permeable Option:Membrane System - ASTM E 2178 SF
21.03.04 Permeable Option:
Fluid Applied System - ASTM E 2178 &
ASTM E 96 SF
21.03.05 Permeable Option:
Fluid Applied Water Based System -
ASTM 2178 & ASTM E 96 SF
21.03.06 Permeable Option:
Membrane System - ASTM 2178 &
ASTM E 96 SF
21.04
21.04.01 Insulation Option:1" Rock Wool Insulation Installed SF
21.04.02 Insulation Option:2" Rock Wool Insulation Installed SF
21.04.03 Insulation Option:3" Rock Wool Insulation Installed SF
21.04.04 Insulation Option:4" Rock Wool Insulation Installed SF
21.04.05 Insulation Option:
1" Extruded Polystyrene Insulation
Installed SF
21.04.06 Insulation Option:
2" Extruded Polystyrene Insulation
Installed SF
21.04.07 Insulation Option:
3" Extruded Polystyrene Insulation
Installed SF
21.04.08 Insulation Option:
4" Extruded Polystyrene Insulation
Installed SF
22.00
22.01 %
22.02 %
22.03 %
22.04 %
22.05 %
22.06 %
22.07 %
22.08 %
22.09 %
22.10 %
MULTIPLIER - ROOF HEIGHT IS GREATER THAN 100 FT
Multiplier is applied when labor production is effected by the roof height. This multiplier applies to roof heights that exceed
an estimated 10 stories. Additional roof height can require increased safety requirements, larger crane equipment, tie-offs,
etc.
MULTIPLIER - ACCELERATED SCHEDULE
Multiplier is applied when increased labor burdens are required due to an accelerated work schedule. Situations include,
but are not limited to requiring multiple concurrent trade crews beyond what is normally expected for project size, work to
be performed on two (back-to-back) shifts, work requires larger than standard crew sizes, etc.
MULTIPLIER - NIGHT, WEEKEND OR HOLIDAY WORKING HOURS
Multiplier is applied when increased labor burdens are required due to working hours being limited to nights (equivalent of
3rd shift), weekends or holidays.
MULTIPLIER - ROOF OR WALLS HAVE LARGE AMOUNT OF PENETRATIONS / ROOF TOP OBSTRUCTIONS
Multiplier is applied when labor production is effected a large number of roof penetrations, a limited amount of open roof
areas or low overhead clearance requiring more hand work. Situations include, but are not limited to rooftop penetrations
like: soil stacks, sky lights, roof drains, exhaust vents, HVAC equipment, etc. or rooftop obstructions such as: pipes, duct
work, electrical wires, hoses or raised equipment, etc.
MULTIPLIER - CLEARENCE RESTRICTIONS REQUIRE WORKING FROM KNEE-LEVEL OR BELOW (APPLIES TO
ONLY THE EFFECTED ROOF AREA)
Multiplier is applied when labor production is effected by height restrictions. Situations that can cause low overhead
clearance requiring more hand work include, but are not limited to rooftop equipment.
MULTIPLIER - ROOF HEIGHT IS GREATER THAN 20 FT, BUT LESS THAN OR EQUAL TO 50 FT STORIES
Multiplier is applied when labor production is effected by the roof height. This multiplier applies to roof heights that exceed
an estimated 2 stories, but are less than or equal to an estimated 5 stories. Additional roof height can require increased
safety requirements, larger lift equipment, tie-offs, etc.
MULTIPLIER - ROOF HEIGHT IS GREATER THAN 50 FT, BUT LESS THAN OR EQUAL TO 100 FT
Multiplier is applied when labor production is effected by the roof height. This multiplier applies to roof heights that exceed
an estimated 5 stories, but are less than or equal to an estimated 10 stories. Additional roof height can require increased
safety requirements, larger crane equipment, tie-offs, etc.
INSULATION FOR WALL APPLICATIONS (INSTALLED OVER AIR BARRIERS)
JOB SITE SPECIFIC MULTIPLIERS
The multipliers are applied to all line items in total (unless the contrary is specifically identified in the description) for the project because the
conditions they address effect overall labor production, construction complexity and/or equipment requirements. Multiple Job Site Specific
Multipliers can be used on a single project, but they are not meant to compound on each other.
For Reference: Attachment B Pricing in this IFB is for material, equipment, tools, labor and supervision necessary to install the line item. It is
based upon a 200 - 300 square roofing project that is being performed on a box- or rectangular-shaped building. It is also assumed that the
project will have only one roof level that is not more than 20 ft high from the ground. The roof is anticipated to have clear access point and
minimal penetrations/obstructions. It is also based upon a 200 - 300 square masonry, wall panel or waterproofing project. The exterior sides
of the building are assumed to be box- or rectangular- shaped with minimal doors, windows, penetrations or obstructions. It is anticipated
that the sides of the building will have clear tie-off points and easy to access while work is being performed.
MULTIPLIER - DIFFICULT ROOF OR BUILDING ACCESS
Multiplier is applied when labor production is effected by roof or building access. Situations that can cause roof access to
be more difficult include, but are not limited to: no access for lifts or cranes, access is dependent upon road closure,
access point requires the closure of a building entrance, roof level is not accessible from the ground, roof area is interior to
adjacent roofs or roof materials and materials and equipment must be loaded to one roof area and carried to another roof
area, roof materials and equipment must be carried to the roof through an interior building access point, no or limited
staging areas on the ground, etc.
MULTIPLIER - SECURE ACCESS IS REQUIRED TO WORK ON ROOF OR WALLS
Multiplier is applied when labor production is effected daily by the lost time in getting through security or getting access to
the job site. Situations include, but are not limited to clearing each employee and all tools through metal detectors, passing
through security gates with vehicles, tradespeople and equipment, stringent background checks or higher clearance levels,
etc.
MULTIPLIER - MULTIPLE MATERIAL STAGINGS
Multiplier is applied when labor production is effected by the time it takes to stage a roof multiple times. Situations include,
but are not limited to staging materials to perform work on multiple roof levels, planned shutdowns and restarts, portion of
the job is over sensitive work areas requiring staging from more than one point, etc.
Page 109 - Attachment C
22.11
22.12 %
22.13 %
22.14 %
22.15 %
22.16 %
22.17 %
22.18 %
22.19 %
22.20 %
22.21 %
22.22 %
22.23 %
22.24 %
22.25 %
MULTIPLIER - ROOF SIZE IS GREATER THAN 30,000 SF, BUT LESS THAN 50,000 SF
Multiplier is applied when Roof Size is greater than 30,000 SF, but less than 50,000 SF. Situation creates the fixed costs:
equipment, mobilization, demobilization, disposal, & set-up labor to be allocated across a larger than average roof area
resulting in fixed costs being a lower portion of the overall job costs
MULTIPLIER - ROOF SIZE IS GREATER THAN 50,000 SF, BUT LESS THAN 100,000 SF
Multiplier is applied when Roof Size is greater than 50,000 SF, but less than 100,000 SF. Situation creates the fixed costs:
equipment, mobilization, demobilization, disposal, & set-up labor to be allocated across a large roof area resulting in fixed
costs being a small impact on the overall job costs
MULTIPLIER - ROOF SIZE IS GREATER THAN 100,000 SF, BUT LESS THAN 200,000 SF
Multiplier is applied when Roof Size is greater than 100,000 SF, but less than 200,000 SF. Situation creates the fixed
costs: equipment, mobilization, demobilization, disposal, & set-up labor to be allocated across larger roof area resulting in
fixed costs being a slight impact on the overall job costs
MULTIPLIER - ROOF SIZE IS GREATER THAN 200,000 SF
Multiplier is applied when Roof Size is greater than 200,000 SF. Situation creates the fixed costs: equipment, mobilization,
demobilization, disposal, & set-up labor to be allocated across very large roof area resulting in fixed costs being a minimal
impact on the overall job costs
MULTIPLIER - ROOF SIZE IS GREATER THAN 500 SF, BUT LESS THAN 1,000 SF
Multiplier is applied when Roof Size is greater than 500 SF, but less than 1,000 SF. Situation creates the fixed costs:
equipment, mobilization, demobilization, disposal, & set-up labor to be allocated across a very small roof area resulting in
fixed costs having a significant impact on the overall job costs
MULTIPLIER - ROOF SIZE IS GREATER THAN 1,000 SF, BUT LESS THAN 2,000 SF
Multiplier is applied when Roof Size is greater than 1,000 SF, but less than 2,000 SF. Situation creates the fixed costs:
equipment, mobilization, demobilization, disposal, & set-up labor to be allocated across a very small roof area resulting in
fixed costs having a significant impact on the overall job costs
MULTIPLIER - ROOF SIZE IS GREATER THAN 2,000 SF, BUT LESS THAN 3,000 SF
Multiplier is applied when Roof Size is greater than 2,000 SF, but less than 3,000 SF. Situation creates the fixed costs:
equipment, mobilization, demobilization, disposal, & set-up labor to be allocated across a very small roof area resulting in
fixed costs having a significant impact on the overall job costs
MULTIPLIER - ROOF SIZE IS GREATER THAN 3,000 SF, BUT LESS THAN 5,000 SF
Multiplier is applied when Roof Size is greater than 3,000 SF, but less than 5,000 SF. Situation creates the fixed costs:
equipment, mobilization, demobilization, disposal, & set-up labor to be allocated across a smaller roof area resulting in
fixed costs being a larger portion of the overall job costs
MULTIPLIER - ROOF SIZE IS GREATER THAN 5,000 SF, BUT LESS THAN 10,000 SF
Multiplier is applied when Roof Size is greater than 5,000 SF, but less than 10,000 SF. Situation creates the fixed costs:
equipment, mobilization, demobilization, disposal, & set-up labor to be allocated across a smaller roof area resulting in
fixed costs being a larger portion of the overall job costs
MULTIPLIER - ROOF SIZE IS GREATER THAN 10,000 SF, BUT LESS THAN 20,000 SF
Multiplier is applied when Roof Size is greater than 10,000 SF, but less than 20,000 SF. Situation creates the fixed costs:
equipment, mobilization, demobilization, disposal, & set-up labor to be allocated across more of an average roof area
resulting in fixed costs being a slightly larger portion of the overall job costs
MULTIPLIER - WALL COATING, MASONRY REPAIRS OR WATERPROOFING REQUIRES A SWING STAGE
Multiplier is applied when labor production is effected by the requirement to use a swing stage. This multiplier applies to
wall coatings, masonry repairs or waterproofing work that requires the use of a swing stage.
MULTIPLIER - ROOF IS CONSIDERED NON-STANDARD ARCHITECTURE
Multiplier is applied when labor production is effected because the roof area is not a box- or rectangular-shaped.
Situations considered to be non-standard architecture can include, but are not limited roof areas that contains sharp angles
and/or curves, have multiple roof area dividers or expansion joints, long and narrow
MULTIPLIER - ROOF HAS GREATER THAN 4/12 SLOPE
Multiplier is applied when Roof Area has a Greater than 4/12 Slope, Steeper slope reduces overall labor production and
requires additional safety precautions.
MULTIPLIER - ROOF HAS GREATER THAN 8/12 SLOPE
Multiplier is applied when Roof Area has a Greater than 8/12 Slope; Very steep slopes have a greater impact on overall
labor production and require additional safety precautions.
MULTIPLIER - ROOF SIZE IS LESS THAN 500 SF
Multiplier is applied when Roof Size is less than 500 SF. Situation creates the fixed costs: equipment, mobilization,
demobilization, disposal, & set-up labor to be allocated across a very small roof area resulting in fixed costs having a
significant impact on the overall job costs
Page 110 - Attachment C
Cleaning & Caulking
23.01 Pressure Wash to Clean Horizontal Surfaces SF
23.02 Pressure Wash to Clean Vertical Surfaces SF
23.03 Pressure Wash with TSP or Simple Green to Clean Horizontal Surfaces SF
23.04 Pressure Wash with TSP or Simple Green to Clean Vertical Surfaces SF
23.05 Use a Brush to Wash Surface with TSP or Simple Green to Clean Horizontal Surfaces SF
23.06 Use a Brush to Wash Surface with TSP or Simple Green to Clean Vertical Surfaces SF
23.07 Prime Existing Asphalt-Based Roof Surface SF
23.08 Blow-Off Surface Area with Portable Blower to Remove Moisture SF
23.09 Spud and Scrape Aggregate from Roof Surface Asphalt BUR (Size Reference: 100' X 12")SF
23.10 Spud and Scrape of Aggregate from Roof Surface Coal Tar BUR (Size Reference: 100' X 12")SF
23.11 Remove & Dispose Loose Aggregate from Roof Surface (Wet Vac)SF
23.12 Power Broom Roof Surface SF
23.13 Remove & Dispose Ballast from Roof Surface SF
23.14 Remove & Dispose Ballast from Roof Surface at Approved Disposal Site SF
23.15 Remove Ballast from Roof Surface & Save for Reuse SF
23.16 Scrape / Sand Loose Paint from Exterior Building Surfaces and Clean-Up Debris SF
23.17 Sandblasting Paint from Exterior Building Surfaces and Re-Claim Sand SF
23.18 Apply Coating (Paint) to Horizontal Surface SF
23.19 Apply Coating (Paint) to Vertical Surface SF
23.20 Caulking: Remove Existing Caulking & Clean and Prime Joint LF
23.21 Install Backer Rod in Properly Prepared Opening, Polyethylene - 3/8” Diameter LF
23.22 Install Backer Rod in Properly Prepared Opening, Polyethylene - 1/2” Diameter LF
23.23 Install Backer Rod in Properly Prepared Opening, Polyethylene - 3/4” Diameter LF
23.24 Install Backer Rod in Properly Prepared Opening, Polyethylene - 1” Diameter LF
Masonry section UNIT $ per Unit
23.25 Remove and Reset Bricks; 1-50 SF SF
23.26 Remove and Reset Bricks; Over 50 SF SF
23.27 Remove and Reset Blocks SF
23.28 Remove and Reset Coping Stones Each
23.29 Remove Bricks, Blocks, Coping Stones; 1-50 SF SF
23.30 Remove Bricks, Blocks, Coping Stones; Over 50 SF SF
Brick, block and brick exterior wall maintenance, repair and application of protective coatings.UNIT $ per Unit
23.31 Selective Demolition of Concrete Block Masonry Units (CMU) with perimeter saw cutting- swing stage
4”, 6” and 8” block (high-rise)Each
23.32 Selective Demolition of Brick Masonry Units with perimeter saw cutting SF
Selective Demolition of Mortar Joint with Perimeter Saw cutting UNIT $ per Unit
23.33 Removal of existing mortar ( ½” wide by ¾” depth)SF
23.34 Removal of existing mortar (¾” wide by ¾” depth)SF
23.35 Removal of existing mortar (½” wide by 1½” depth)SF
23.36 Removal of existing mortar (¾” wide by 1½” depth)SF
New Pointing Work UNIT $ per Unit
23.37 Furnish and install new mortar (½” wide by ¾” depth)SF
23.38 Furnish and install new mortar (¾” wide by ¾” depth)SF
23.39 Furnish and install new mortar (½” wide by 1 ½” depth)SF
23.40 Furnish and install new mortar (¾” wide by 1 ½” depth)SF
Removal of Roof Parapets UNIT $ per Unit
23.41 Removal of parapet wall (24” high)SF
23.42 Removal of parapet wall (42” high)SF
23.43 Removal of parapet wall (24” high)SF
23.44 Removal of parapet wall (42” high)SF
Reconstruction of Brick Masonry Roof Parapets UNIT $ per Unit
23.45 New brick masonry parapet w/stone coping and flashings (24” high)SF
23.46 New brick masonry parapet w/stone coping and flashings (42” high)SF
23.47 New brick masonry parapet w/stone coping and flashings (24” high)SF
23.48 New brick masonry parapet w/stone coping and flashings (42” high)SF
New Through wall Flashings UNIT $ per Unit
23.49 Removal of 4 courses brick wall w/Temporary Shoring SF
23.50 Removal and replacement of steel lintel SF
23.51 Furnish and install new flashings (Bituthane)SF
23.52 Furnish and install new flashings (Lead coated copper)SF
23.53 Furnish and Install New Brick Masonry w/Weep Holes and Screens SF
23.54 Parging and waterproofing of back-up wall SF
Page 111 - Attachment C
Roof Coping Stones.UNIT $ per Unit
23.55 Removal of existing roof coping stones (16 inches)SF
23.56 Removal and parging of existing substrate SF
23.57 Furnish and install new lead coated copper flashings SF
23.58 Drilling and epoxy grouting stainless steel pins SF
23.59 Reinstallation of existing stones with cleaning SF
23.60 Furnish and install new coping stones SF
23.61 Furnish and install new sealants between coping stones.SF
23.62 Cleaning and coating of existing stones.SF
CMU Backup Wall Repair and Waterproofing.UNIT $ per Unit
23.63 Replacement of Deteriorated CMU Back-up SF
23.64 Parging of CMU back-up wall SF
23.65 Waterproofing of back-up wall SF
Crack Repair UNIT $ per Unit
23.66 Drill and install new stainless steel pins.Each
23.67 Grouting of open cracks SF
23.68 Replacement of cracked bricks SF
New Concrete and Coating UNIT $ per Unit
23.69 Placement of new high strength patching mortar (2” depth)SF
23.70 Placement of new high strength patching mortar (3.5” depth).SF
23.71 Cleaning and coating of concrete surface.SF
23.72 Sidewalk Bridging.SF
23.73 Temporary Roof Protection SF
Roof Drainage, Scuppers, Stacks, Curbs and Pitch Pockets UNIT $ per Unit
23.74 Install & Connect new 4" roof drain & Flashing; Excluding Plumbing EA
23.75 Install & Connect new 6" roof drain & Flashing; Excluding Plumbing EA
23.76 Install & Connect new 8" roof drain & Flashing; Excluding Plumbing EA
23.77 Pitch pocket, 24 gauge, GI, 12” x 12”, with storm collar, hemmed to outside, soldered corners and
seams EA
23.78 Pitch pocket, 24 gauge, GI, 6” x 6”, with storm collar hemmed to outside, soldered corners and
seams EA
23.79 Pitch pocket, 24 gauge, GI, 8” x 8”, with storm collar, hemmed to outside, soldered corners and
seams EA
23.80 Plumbing stack, 16 oz. copper flashing EA
23.81 Plumbing stack, 24 gad Zinc flashing EA
23.82 Plumbing stack, 4# lead flashing EA
23.83 Pre-Cast Molded Pitch Pan (e.g. Chemcurb) - 12" Straight EA
23.84 Pre-Cast Molded Pitch Pan (e.g. Chemcurb) - 2" Corners EA
23.85 Pre-Cast Molded Pitch Pan (e.g. Chemcurb) - 3" Kit EA
23.86 Pre-Cast Molded Pitch Pan (e.g. Chemcurb) - 5" Kit EA
23.87 Pre-Cast Molded Pitch Pan (e.g. Chemcurb) - 5" Rounds EA
23.88 Pre-Cast Molded Pitch Pan (e.g. Chemcurb) - 6" Kit EA
23.89 Pre-Cast Molded Pitch Pan (e.g. Chemcurb) - 6" Straight EA
23.90 Pre-Cast Molded Pitch Pan (e.g. Chemcurb) - 7.5" Kit EA
23.91 Pre-Cast Molded Pitch Pan (e.g. Chemcurb) - 7.5" Kit with 2-Part Filler EA
23.92 Pre-Cast Molded Pitch Pan (e.g. Chemcurb) - 7.5" Rounds EA
23.93 Pre-Cast Molded Pitch Pan (e.g. Chemcurb) - 9" Kit EA
23.94 Installation of Roof Curbs 2" X 4"LF
23.95 Installation of Roof Curbs 2" X 6"LF
23.96 Installation of Roof Curbs 2" X 8"LF
23.97 Installation of Coping/Edge Nailers 2" X 4"LF
23.98 Installation of Coping/Edge Nailers 2" X 6"LF
23.99 Installation of Coping/Edge Nailers 2" X 8"LF
23.100 Installation of Coping/Edge Nailers 2" X 10"LF
23.101 Installation of Coping/Edge Nailers 2" X 12"LF
23.102 Installation of Coping/Edge Nailers 2" X 14"LF
23.103 Installation of Coping/Edge Nailers 2" X 16"LF
23.104 Provide a cast iron drain strainer EA
23.105 Reflash existing roof drain EA
23.106 Scupper, .050 Aluminum, match existing configuration LF
23.107 Scupper, 16 oz Copper, match existing configuration LF
23.108 Scupper, 20 gad Stainless Steel, match existing configuration LF
23.109 Sleeper Cap - 24 Gad Galvanized LF
Roof Accessories UNIT $ per Unit
Page 112 - Attachment C
23.110 Walkway Pads
23.111 30" wide roll goods, tape attached EA
23.112 30" wide roll, hot asphalt attached EA
23.113 30" wide roll, adhesive attached EA
23.114 Expansion joint, butyl or neoprene bellows, galvanized flange LF
23.115 Roof ladder, security ladder guard EA
23.116 Roof ladder, steel, bolted to concrete, 20 feet and up, with cage; with intermediate landings as
required by Code EA
23.117 Roof ladder, steel, bolted to concrete, up to 20 feet, without cage EA
23.118 Roof ventilators EA
23.119 Termination bar, aluminum, 1/4” x 1”LF
Common Roof Repair Items UNIT $ per Unit
23.120 3-Course Application; Mastic-Mesh-Mastic; 15" Wide Total; 12" Wide Mesh LF
23.121 3-Course Application; Mastic-Mesh-Mastic; 9" Wide Total; 6" Wide Mesh LF
23.122 3-Course Application; Urethane-Reinforcement-Urethane (< 500 SF)SF
23.123 3-Course Application; Urethane-Reinforcement-Urethane (> 500 SF)SF
23.124 Install Self-Adhering Cap Sheet Over Repair Area (< 500 SF)SF
23.125 Install Self-Adhering Cap Sheet Over Repair Area (> 500 SF)SF
23.126 Torch Cap Sheet Over Repair Area (< 500 SF)SF
23.127 Torch Cap Sheet Over Repair Area (> 500 SF)SF
23.128 Set Roofing Cap Sheet Membrane in Mastic Installed Over Repair Area (< 500 SF)SF
23.129 Set Roofing Cap Sheet Membrane in Mastic Installed Over Repair Area (> 500 SF)SF
Leak Response & Preventive Maintenance UNIT $ per Unit
23.153 Leak Response Work Order Tracking & Dispatch EA
23.154 Leak Response Completion Report with Back-Up EA
23.155 Preventive Maintenance (Single Campus - All Roof Sections)SF
23.156 Preventive Maintenance (Multiple Campuses City-/County-wide - All Roof Sections)SF
23.157 Preventive Maintenance (Multiple Campuses State-wide - All Roof Sections)SF
23.155 Preventive Maintenance Performed Concurrent with Visual Inspection (Single Campus - All Roof
Sections)SF
23.156 Preventive Maintenance Performed Concurrent with Visual Inspection (Multiple Campuses City-
/County-wide - All Roof Sections)SF
23.157 Preventive Maintenance Performed Concurrent with Visual Inspection (Multiple Campuses State-wide
- All Roof Sections)
SF
23.158 Preventive Maitenance Completion Report with Back-Up EA
Equipment UNIT $ per Unit
23.159 Folklift/Manlift Equipment Rental DAY
23.160 Crane Equipment Rental - up to 80'DAY
23.161 Crane Equipment Rental - up to 150'DAY
23.162 Manlift per day DAY
23.163 Skytrack DAY
23.164 Additional Equipment (rental) % off published price %
Other Services UNIT $ per Unit
23.165 Demobilization - Pre-Planned or Additional Un-planned EA
23.166 Remobilization - Pre-Planned or Additional Un-planned EA
Additional repair options UNIT $ per Unit
23.167
Option 1: Cost of Quote Plus Mark-Up (Used when repair and installation services line item pricing is
not available and services performed are to be performed by a contractor. Requires a quote on
corporate letterhead that cannot exceed $25,000)
Cost plus added to quote
%
23.168
Option 2: R.S. Means or Gordian Group Catalog (Used when repair and installation services line item
pricing is not available)
Cost plus added to catalog pricing
%
Catalog Pricing UNIT $ per Unit
23.169 Please provide a price list with your complete material catalog(s) - A manufacturers catalog can be
used. You may provide a net-price or a catalog with a discount.
Green Roofing UNIT $ per Unit
23.170 Please provide your green environmentally friendly roofing options, please provide as much
information as possible to include line items necessary to complete a green roof
Page 113 - Attachment C
Aluminum
Size / Gauge .032 .040 .050 .063
6"
8"
10"
12"
14"
16"
18"
20"
22"
24"
26"
28"
30"
32"
34"
36"
38"
40"
42"
44"
46"
48"
Price Per Bend
Sheet Metal Accessories Covered Under these Pricing Tables:
-Drip Edge
-Gravel Stop
-Gutters, Straps, Hangers & Fasteners
-Coping
-Surface Mounted Counter Flashing
-Reglet Mounted Counter Flashing
-Skirt Flashing
-Expansion Joints
-Miscellaneous Metal Fabricated Details
Page 114 - Attachment C
Stainless Steel & Copper
SS SS Copper Copper
24 Ga 26 Ga 16 oz 20 oz
6"
8"
10"
12"
14"
16"
18"
20"
22"
24"
26"
28"
30"
32"
34"
36"
38"
40"
42"
44"
46"
48"
Price Per Bend
Kynar Coated Steel
Size / Gauge 16 Ga 20 Ga 22 Ga 24 Ga
6"
8"
10"
12"
14"
16"
18"
20"
Size / Gauge / Thickness
Page 115 - Attachment C
22"
24"
26"
28"
30"
32"
34"
36"
38"
40"
42"
44"
46"
48"
Price Per Bend
Galvanized Steel
Size / Gauge 16 Ga 20 Ga 22 Ga 24 Ga
6"
8"
10"
12"
14"
16"
18"
20"
22"
24"
26"
28"
30"
32"
34"
36"
38"
40"
42"
Page 116 - Attachment C
44"
46"
48"
Price Per Bend
Page 117 - Attachment C
Caulking Chart pricing per Linear Foot Installed
2 Component Epoxied Urethane Compound
Joint Size 1/8"3/16"1/4"5/16"3/18"7/16"1/2"5/8"3/4"7/8"1"1-1/8"1-1/4"
1/8"
3/16"
1/4"
5/16"
3/18"
7/16"
1/2"
5/8"
3/4"
7/8"
1"
1-1/8"
1-1/4"
Caulking Chart pricing per Linear Foot Installed
1 Component Polyurethane
Joint Size 1/8"3/16"1/4"5/16"3/18"7/16"1/2"5/8"3/4"7/8"1"1-1/8"1-1/4"
1/8"
3/16"
1/4"
5/16"
3/18"
7/16"
1/2"
5/8"
3/4"
7/8"
1"
1-1/8"
1-1/4"
Caulking Chart pricing per Linear Foot Installed
1 Component Silicone Rubber
Joint Size 1/8"3/16"1/4"5/16"3/18"7/16"1/2"5/8"3/4"7/8"1"1-1/8"1-1/4"
1/8"
3/16"
1/4"
5/16"
3/18"
7/16"
1/2"
5/8"
3/4"
7/8"
1"
1-1/8"
1-1/4"
Page 118 - Attachment C
Journeyman
Prevailing
Wage
Rate Roofer Mason Sheet Metal
$10.00
$12.50
$15.00
$17.50
$20.00
$22.50
$25.00
$27.50
$30.00
$32.50
$35.00
$37.50
$40.00
$42.50
$45.00
$47.50
$50.00
$52.50
$55.00
$57.50
$60.00
$62.50
$65.00
$67.50
$70.00
$72.50
$75.00
$77.50
$80.00
$82.50
$85.00
$87.50
$90.00
$92.50
$95.00
$97.50
$100.00
$102.50
$105.00
$107.50
$110.00
$112.50
$115.00
$117.50
$120.00
Line Item Multiplier to Adjust Labor Costs Based Upon the Prevailing Wage Rate.
Prevailing wage found at http://www.wdol.gov/dba.aspx#0
Multiplier
for Prevailing
Wage Rates
Page 119 - Attachment C
Attachment D – Experience Record
PUBLIC ENTITY PAST PERFORMANCE PROJECT EXAMPLES THAT ILLUSTRATE
BIDDER’S QUALIFICATIONS FOR THIS CONTRACT
Bidder’s shall complete this Experience Record which entails submitted this form for two (2) turn-key roofing
or waterproofing projects for public agencies in twenty-five (25) states; totaling fifty (50) projects. Projects
shall meet the requirements outlined in the IFB. Use additional space as necessary.
Bidder must answer all questions completely and all information must be clear, accurate, and
comprehensive. If all fields are not completed, the Bid is at risk for being rejected due to non-
responsiveness. It is not acceptable to indicate “See Attached”.
Project Title:
Example Project Number: Project Location (City & State):
Public Agency who Owned the
Contract:
Point of Contact at Public Agency (Name, Title, Working Phone
Number, & Working E-mail Address) who can be reached and
would be knowledgeable about the Project:
Performance & Payment Bond #: Surety Company:
Project Size (Sq. Ft.): Start & End Dates of Contract (to include original End Date as
specified in the original Contract and Final End Date) – if
applicable, include why project was delayed:
Types of Roofing System
Components:
Original and Final Contract Amount – if applicable, include why
Final Contract Amount was different:
Brief Description of the Project to include Examples of its Relevance to this IFB:
Prime Contractor Name & Location
(City & State):
If applicable, State License #:
Subcontractor(s) Name & Location
(City & State):
If applicable, State License #(s):
Page 120 - Attachment D
Page 1 of 2
ROOFING SUPPLIES AND SERVICES, WATERPROOFING, AND RELATED PRODUCTS AND
SERVICES CONTRACT 2019
Executive Summary
Lead Agency: Racine County, Wisconsin Solicitation: Invitation for Bid #PW1925
IFB Issued: August 7, 2019 Pre-Bid Date: August 15, 2019
Bids Due: September 9, 2019 Bids Received: 2
Awarded to: Garland/DBS, Inc.
Racine County, Wisconsin issued IFB #PW1925 on August 7, 2019 to establish a national cooperative
contract for Roofing Supplies and Services, Waterproofing, and Related Products and Services contract.
The solicitation included cooperative purchasing language in Section B. Terms and Conditions, item 5.
National Contract:
Subject to its fiduciary and statutory obligations, Racine County, as the Principal Procurement Agency,
defined in Attachment B – National Cooperative Contract to be Administered by OMNIA Partners, intends to partner with OMNIA Partners to make the resultant contract (also known as the “Master Agreement”
in materials distributed by OMNIA Partners) from this solicitation available to other public agencies
nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit(“Public Agencies”),
through OMNIA Partners’ cooperative purchasing program. Racine County is acting as the contracting
agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a
“Participating Public Agency”). Attachment B – National Cooperative Contract to be Administered by
OMNIA Partners contains additional information about OMNIA Partners and the cooperative purchasing agreement.
Notice of the solicitation was sent to potential offerors, as well as advertised in the following:
•Racine County, WI website •OMNIA Partners, Public Sector website
•Tallahassee Democrat, FL •Times Union, NY
•Arizona Business Gazette, AZ •Daily Journal of Commerce, OR
•Desert News, UT •Herald-News, City of Joliet, Illinois
•Helena Independent Record, TN
•Houston Community Newspapers, Cy Creek
Mirror, TX
•Honolulu Star-Advertiser, HI
•Las Vegas Review-Journal, NV
•Montgomery Advertiser, AL •New Jersey Herald, NJ
•Richmond Times, VA
•Seattle Daily Journal of Commerce, WA
•San Bernardino Sun, CA
•The Advocate – New Orleans, LA
Page 2 of 2
On September 9, 2019 bids were received from the following:
•CentiMark Corporation
•Garland/DBS, Inc.
Garland/DBS, Inc. was the lowest responsive, responsible, and qualified bidder based on the
requirements issued in the IFB. The County Executive, who was granted authority on August 30 2019 by
the Racine County Commissioners, approved the contract award. The contract was executed on
September 27, 2019 with an effective date of October 15, 2019.
Contract includes:
•Roofing supplies and services, waterproofing, and related products and services.
Term:
•October 15, 2019 to October 14, 2024 with 1 additional 5-year term.
Pricing/Discount:
•Price as stated for all schedules included in the Project Manual.
•USA Today, nationwide
Munis Contract #:□ Yes □ No Signed by vendor:□ Yes □ No □ DocuSign
Contract Type □Non Encumber Expense □ Encumber Expense □ HSD PO Expense □ Revenue
Vendor/Customer #:
Department: Sub Department:
Brief Description of Services:
Contact/administrator: Contact Munis ID:
Contract Start:
Accounts Information Year
If additional account lines are necessary, attach a schedule. Total:
Have you read the agreement: □ Yes □ No Do you understand & agree with the Terms:□ Yes □ No
Are there things that you think should be changed in this Contract: □Yes □ No
Was a resolution passed to authorize the original contract: □Yes □ No
If yes, indicate the resolution number:(attach a copy of the resolution)
Is there a required signature date: □ Yes □ No
Corp Counsel Stamp: County Clerk Stamp:
Racine County Contract & Contract Amendment Form
Attach one copy of the contract to be filed. Attach more copies if required by vendor.
Amendment:
Vendor Name:
Full Address:
Contract End:
If this is a multi year contract - Committee and County Board authorization is needed before the contract can be processed.
By completing this form, Procurement Policy has been followed.
Account Name:Account Number Amended Amount New Contract Amount
-
If yes, please attach a memo stating the changes you think should be made.
If yes, what date:
Upon complete execution of this contract, an original copy must be placed on file with the County Clerk along with this cover sheet.
This form is to be printed on Pastel Yellow paper.Updated 111320 BE
1718 n
6557 GARLAND/DBS
3800 EAST 91ST ST CLEVELAND OH 44105
FINANCE
AMENDMENT 5 YEAR EXTENSION ROOFING SUPPLIES AND SERVICES
Duane McKinney 6750dmckinne
10/15/2019 10/14/2029
13500000.400000
$ 0.00
n n
DocuSign Envelope ID: 93DC32B6-E0CD-4AA8-AA5C-8108E1D9716B
ROOFING SUPPLIES AND SERVICES, WATERPROOFING, AND RELATED PRODUCTS AND SERVICES CONTRACT 2019 AMENDMENT NO. ELEVEN (11) This Amendment No. Eleven is effective December 15, 2023 and is to modify the ROOFING SUPPLIES AND
SERVICES, WATERPROOFING, AND RELATED PRODUCTS AND SERVICES CONTRACT 2019 agreed upon by Racine County, Wisconsin, 730 Wisconsin Avenue, Racine, Wisconsin 53403 (“County”) and Garland/DBS, Inc. 3800 East 91st Street, Cleveland, Ohio 44105 (“Contractor”) (hereinafter each a “Party” and collectively referred to as “Parties”) on September 27, 2019 (“Contract”). The Parties hereby agree to amend the Contract as follows: TERM: The County is exercising the remaining renewal option for one (1) five (5) year term through October 14, 2029. ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY. RACINE COUNTY BY: _______________________ Jonathan Delagrave Racine County Executive
DATE: _______________________ BY: _______________________
Wendy M. Christensen Racine County Clerk DATE: _______________________ GARLAND/DBS Inc. BY: _______________________
DATE: _______________________
DocuSign Envelope ID: 93DC32B6-E0CD-4AA8-AA5C-8108E1D9716B
12/28/2023
12/28/2023
1/2/2024
1/3/2024
1/3/2024
September 23, 2019
Mr. Frank Percaciante
Mr. Matt McDermott
Garland/DBS
3800 East 91st Street
Cleveland, OH 44105
Dear Mr. Percaciante and Mr. McDermott:
On behalf of Racine County, I would like to formally congratulate Garland/DBS on being
selected to provide Roofing Supplies and Services, Waterproofing and Related Products
and Services for Racine County and other municipal governments and local public
agencies.
Racine County is in the process of preparing a contract to be signed by the required
representatives of Racine County and Garland/DBS. Shortly, a draft contract will be
forwarded for your review. Upon completion, the final contract will be forwarded for your
signature.
Again, congratulations on the award.
If you have any questions, please feel free to contact me at (262) 636-3700.
Sincerely,
Duane McKinney
Purchasing Coordinator
Duane McKinney
Purchasing Coordinator
730 Wisconsin Avenue Racine, WI 53403 262-636-3700 fax: 262-636-3763 duane.mckinney@racinecounty.com
ROOFING SUPPLIES AND SERVICES, WATERPROOFING, AND RELATED PRODUCTS Page 1 of 93 AND SERVICES CONTRACT 2019
ROOFING SUPPLIES AND SERVICES, WATERPROOFING, AND RELATED PRODUCTS AND SERVICES CONTRACT 2019
AMENDMENT NO. TEN (10)
This Amendment No. Ten (10) is effective December 15, 2023 and is to modify the ROOFING SUPPLIES AND
SERVICES, WATERPROOFING, AND RELATED PRODUCTS AND SERVICES CONTRACT 2019 agreed upon by Racine County, Wisconsin, 730 Wisconsin Avenue, Racine, Wisconsin 53403 (“County”) and Garland/DBS, Inc. 3800 East 91st Street, Cleveland, Ohio 44105 (“Contractor”) (hereinafter each a “Party” and collectively referred to as “Parties”) on September 27, 2019 (“Contract”).
The Parties hereby agree to amend the Contract as follows:
1.WORK:
a)To modify pricing as necessary to account for market changes, wage increases, material priceincreases, supply chain issues, logistic issues, oil prices, inflation, and product line increases.
b)To add new product offerings under the Garland Company brand name Wise Product Group.
Details are provided in Attachment A – Service Line Item Pricing, and Attachment B – Material Pricing of this Amendment No. 10.
2.SERVICES AND PRICING:
The County agrees to the addition of services, products, and the revised pricing.
Details are located in Attachment A and Attachment B of this Amendment No. 10.
ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY.
RACINE COUNTY
BY: _______________________ Jonathan Delagrave Racine County Executive
DATE: _______________________
BY: _______________________ Wendy M. Christensen
Racine County Clerk
DATE: _______________________
GARLAND/DBS Inc.
BY: _______________________ DATE: _______________________
DocuSign Envelope ID: 303D0C33-AF47-431C-A4C4-148989C4813C
12/14/2023
12/14/2023
12/14/2023
12/18/2023
12/18/2023
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0751
Agenda Date: 7/15/2024 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: General Services
Agenda Number: 6.11
SUBJECT/RECOMMENDATION:
Approve purchase orders with multiple vendors for citywide mechanical, electrical, plumbing and specialty
services in the cumulative annual not-to-exceed amount of $4,000,000.00 with three, one-year renewal
options pursuant to Invitation to Bid (ITB) 45-24 and authorize appropriate officials to execute same.
SUMMARY:
Invitation to Bid (ITB) 45-24 Mechanical Electrical, Plumbing (MEP) and Specialty Services was issued on
May 1, 2024, for as needed citywide MEP and specialty services. The City received 12 responses on May
30, 2024, all of which were responsive and responsible to the bid requirements. The bidders demonstrated
a minimum of five years’ experience performing their respective trade(s) in a commercial/industrial
environment and submitted proposed hourly rates for their services. The proposed rates were evaluated
and compared to Bureau of Labor and Industries wages in the Tampa Bay area, fully loaded commercial
trade rates, and multiple municipal trade-specific contracts in the region. General Services is requesting
authorization to award to all vendors based on their standard rates. In the event that an emergency service
is needed, the vendor with the lowest emergency rate will be utilized first. Awarded vendors by category
are as follows:
Mechanical Contractors:
·Air Mechanical & Service Corp of Tampa, FL: Primary
·McMullen Air Conditioning Refrigeration Inc of St. Petersburg, FL: Secondary
·Krauss Company of Largo, FL: Tertiary
Electrical Contractors:
·LEW Electrical Services LLC of Tampa, FL: Primary
·Tamco Electric Inc of Seffner, FL: Secondary
·Bates Electric Inc of Tampa, FL: Tertiary
·MC Dean Inc. of Oldsmar, FL: Quaternary
·Piper Fire Protection dba Piper Electrical Services of Clearwater, FL: Quinary
Plumbing Contractors:
·Apollo Plumbing of Pinellas Co. Inc of Seminole, FL: Primary
·Scotto Plumbing Service and Repair LLC of Clearwater, FL: Secondary
·C. Lacey Plumbing Inc of Clearwater, FL: Tertiary
Uninterruptible Power Supply (UPS) Contractors:
·Bates Electric Inc of Tampa, FL: Primary
·MC Dean Inc. of Oldsmar, FL: Secondary
Solar Contractors:
·Bates Electric Inc of Tampa, FL: Primary
EV Charging Station Contractor:
Page 1 City of Clearwater Printed on 7/9/2024
File Number: ID#24-0751
·Bates Electric Inc of Tampa, FL: Primary
·MC Dean Inc. of Oldsmar, FL: Secondary
Gas Lines:
·Scotto Plumbing Service and Repair LLC of Clearwater, FL: Primary
Fuel Tank Contractor:
·Convault Maintenance Inc dba Tank Help: Primary
Building and Maintenance Division and the Public Utilities Department manage numerous capital and
maintenance projects which require the services of certified mechanical, electrical, plumbing (MEP)
contractors and specialty services. Having an established roster of contractors for each trade will enable
Building and Maintenance to be more proactive and responsive to the many deadlines and needs
throughout the City and facilitate Public Utilities’ maintenance of water and wastewater facilities in
compliant operation.
In the event that the primary vendor is unavailable, the city will select the secondary vendor for the
particular service. If both the primary and secondary vendors are unavailable, the city will then select the
tertiary vendor for that particular service. This process continues sequentially for subsequent vendors as
necessary. The intention is to maintain the rosters with a minimum of 3 contractors in each trade (if
applicable) to ensure service continuity for both Building and Maintenance and Public Utilities to backfill
roster contractors that may be dropped for a variety of reasons to include but not limited to inability to
handle current work order requests, multiple refusal of requested services, company goes out of business,
etc.
APPROPRIATION CODE AND AMOUNT:
Funding for this award will come from various operating cost centers as well as various Capital
Improvement Projects, respective to the work being performed.
STRATEGIC PRIORITY:
The use of Mechanical, Electrical & Plumbing contractors is supported by Strategic Plan Objectives 1.1,
maintaining municipal performance, and promoting accountable governance; 1.2, maintaining public
infrastructure; 2.1, strengthen-public private initiatives 3.2, proactive code compliance, and targeted
revitalization.
Page 2 City of Clearwater Printed on 7/9/2024
v. 11.2018 Procurement Division
100 S Myrtle Ave 33756-5520
PO Box 4748 33758-4748
Clearwater FL
727-562-4633
INVITATION TO BID
#45-24
Mechanical, Electrical, Plumbing (MEP) & Specialty Services
May 1, 2024
NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00
A.M., Local Time, May 30, 2024, to provide Mechanical, Electrical, Plumbing (MEP) and Specialty
Services.
Brief Description: The City of Clearwater (City), Building and Maintenance Division is seeking sealed bids
from mechanical, electrical, plumbing and specialty services contractors, for respective services on an as-
needed basis, including emergencies.
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
MEP & Specialty Services 2 ITB #45-24
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: May 30, 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
INSTRUCTIONS
MEP & Specialty Services 3 ITB #45-24
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
MEP & Specialty Services 4 ITB #45-24
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
MEP & Specialty Services 5 ITB #45-24
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
MEP & Specialty Services 6 ITB #45-24
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: May 1, 2024
Advertise Tampa Bay Times: May 8, 2024
Bids due: May 30, 2024
Review bids: May 30, 2024 – June 7, 2024
Award recommendation: June 7, 2024
Council authorization: July 2024
Contract begins: July 2024
STANDARD TERMS AND CONDITIONS
MEP & Specialty Services 7 ITB #45-24
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
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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.
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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
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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 is looking for qualified contractors in the areas of mechanical, electrical
plumbing and other specialty services for both General Services’ Building and Maintenance
Division (B&M) and our Public Utilities Department (PU).
B&M is responsible for facilities throughout the City and PU is responsible for water reclamation
facilities, water plants, lift stations, wells, and reclaim booster pump stations.
3. SCOPE OF WORK. The City is seeking bids from licensed mechanical, electrical, and plumbing
(MEP) and Specialty Services contractors on an as needed basis. Contractors shall be licensed
with both Department of Business & Professional Regulation (https://www.myfloridalicense.com)
and Pinellas County Construction Licensing Board (www.pcclb.com), to provide required labor and
materials (by work order) at City facilities on an as-needed basis. The required license will be based
on the services in which the vendor will be performing under this contract. Any exceptions to the
licensing requirements shall be indicated under the EXCEPTIONS/ADDITIONAL
MATERIALS/ADDENDA form, page 23 of the solicitation.
A. GENERAL REQUIREMENTS.
Mechanical: Related services to include but not limited to split air conditioning units, chilled water
air handlers, variable air volume (VAV) boxes, rooftop package units, air cooled chillers,
centrifugal chillers, pumps, blowers, cooling towers, computer room air conditioning units, and
exhaust fans.
Electrical: Related services to include but not limited to installation and maintenance of indoor
fixtures and/or receptacles, distribution and panel boards, underground wiring, overhead circuits,
the maintenance of sports lights or other electronic control devices, the maintenance and repair
of street or parking lot lighting and related equipment, control panels, automatic transfer switch
(ATS), motor control center (MCC), lift station electrical panel, and above and underground
electrical systems.
Plumbing: Related services to include but not limited to the repair and installation of polyvinyl
chloride (PVC), steel pipe, copper pipe, copper tubing pipe valves and fittings and various typical
plumbing fixtures.
Specialty Services: Specialty services shall include but not limited to:
• Uninterruptible Power Supply (UPS): Related services not limited to the repair,
installation, preventive maintenance of critical UPS back-up systems, quarterly/semiannual
inspections and battery replacement and upgrades.
• Solar: Related services not limited to the repair, installation, preventive maintenance of
solar panels, inverters and associated software, controls, and related components.
• Electric Vehicle (EV) Charging Stations: Related services not limited to the repair,
installation, preventive maintenance of EV charging stations.
DETAILED SPECIFICATIONS
MEP & Specialty Services 16 ITB #45-24
• Air Compressors: Related services not limited to the repair, installation, preventive
maintenance of various size compressors, oil and oil free, and high-speed centrifugal
compressors and various components.
• Boiler: Related services not limited to the repair, installation, preventive maintenance
boilers, burners, gaskets, valves, water pumps, controls, and related components.
• Gas Lines: Related services not limited to the repair and installation of steel, galvanize
and copper pipe, leak detection.
• Fuel Tanks: Related services not limited to the repair, installation and preventive
maintenance of metal and concrete day tanks, filtration, and related components.
B. ADDITIONAL REQUIREMENTS. • All personnel shall be equipped with appropriate personal protection equipment (PPE).
• Contractor shall comply with National Fire Protection Association (NFPA) 70E electrical
codes.
• Contractor shall comply with all Occupational Safety and Health Administration (OSHA)
requirements.
• Dispatched personnel shall be located within the Tampa Bay region.
• Contractor personnel responding to work site shall be capable of communicating with City
staff in the English language.
• Contractor shall only dispatch properly licensed or certified personnel to perform services
for the City.
• Contractor shall have all necessary certifications and licenses (City, County, and State)
as required under this contract and shall comply with all applicable laws, regulations, etc.
• Contractor shall provide a list of personnel, properly identifying supervisor/lead staff,
assigned to the contract with their bid submittal. The list shall include names, title, years
of experience specific to license/certification, and emergency contact information.
Contractor shall be responsible for updating the information as necessary.
• All Contractor personnel shall present a professional appearance, be neat, clean and
properly unformed, be courteous and conduct themselves in a respectable manner while
working on City property.
• Contractor shall have one (1) hour response time for emergencies and two (2) to four (4)
hours for non-emergencies.
• Contractor shall own and have in good repair all tools and equipment necessary to
perform work related to their respective trade(s).
• Each work order requires assigned personnel to record the project details separately:
hours worked, tasks performed, materials used, etc. A copy shall be provided at the
completion of a project and a copy is to be submitted with a monthly invoice (consolidating
all work for a 30-day period).
• If a contractor is selected for more than one (1) trade, each trade shall be billed on a
sperate invoice.
• Where applicable, contractor’s personnel shall sign in and out on the facility’s visitor’s log
sheet upon each visit.
• Upon completion of work, the Contractor shall restore each work site to a safe, clean
condition, and remove all debris and trash.
C. HOURLY RATES, RESPONSE TIME AND MATERIALS.
The awarded Contractor(s) shall provide labor, materials, and equipment required to complete
services requested by the City. Labor rates shall include all administrative time and overhead. The
City intends to contract multiple Contractors for as-needed MEP and Specialty services.
Contractor shall obtain necessary permit(s) for each work order (City permitting fees are waived
for work performed under this contract). All personnel licenses and certification fees are the
responsibility of the Contractor.
DETAILED SPECIFICATIONS
MEP & Specialty Services 17 ITB #45-24
Non – Emergency hourly rates are based on the following times/days with a two (2) to four (4) hour
response time:
• Standard hourly rate: 7:00 A.M. to 5:00 P.M. Monday through Friday
• Standard helper hourly rate: 7:00 A.M. to 5:00 P.M. Monday through Friday
• Standard laborer hourly rate: 7:00 A.M. to 5:00 P.M. Monday through Friday
• Overtime hourly rate: After-hours or City recognized holidays
• Overtime helper hourly rate: After-hours or City recognized holidays
• Overtime laborer hourly rate: After-hours or City recognized holiday
Emergency hourly rates can be any time of the day/week and will require a one (1) hour response
time.
The City anticipates selecting contractors with twenty-four/seven (24/7) availability.
Contractor shall have capability of callback within a 30-minute period and meeting designated
response times.
The City will reimburse the contractor at labor cost plus a percentage mark-up for parts. City
reserves the right, at any time during this contract, to require itemized receipts showing contractor’s
actual cost for materials.
Contractor shall warranty all workmanship for a minimum of ninety (90) days and all materials shall
be based upon manufacturer warranty.
D. INSPECTION AND TESTING.
All materials used in the performance of this contract shall be subject to adequate inspection and
testing in accordance with accepted standards.
The contractor shall furnish, at the City’s request, manufacturer’s certification of specifications
conformance of materials.
All work shall be inspected and approved by a City representative prior to payment issued.
The City reserves the right to refuse any product which does not meet Federal, State and/or the
specified safety standard.
The City reserves the right to inspect the contractor’s facility prior to award and/or anytime during
the contract term.
4. MINIMUM QUALIFICATIONS.
Contractor(s) shall demonstrate a minimum of five (5) years’ experience performing their
respective trade(s) in a commercial/industrial environment. Such proof can be in the form of a
business license, registration, or certification document(s) and submitted with bid submittal.
Contractor shall provide with their bid submittal copies of all applicable certifications and/or
certificates, as well their State of Florida and Pinellas County general contractor or by specialty
trade, as applicable.
Contractor(s) shall include with bid submittal at least three (3) references for which comparable
work has been performed in the last five (5) years.
Contractor(s) shall have an established Safety Plan and Drug-Free Policy. These items shall be
submitted with bid submittal.
5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and
maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during
the term with the City, sufficient insurance to adequately protect the respective interest of the parties.
Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition,
the City has the right to review the Contractor’s deductible or self-insured retention and to require
that it be reduced or eliminated.
DETAILED SPECIFICATIONS
MEP & Specialty Services 18 ITB #45-24
Specifically the Vendor must carry the following minimum types and amounts of insurance on an
occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then
coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the
termination or expiration of this Agreement:
a. Commercial General Liability Insurance coverage, including but not limited to, premises
operations, products/completed operations, products liability, contractual liability, advertising
injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one
million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate.
b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or
borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars)
combined single limit.
c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory
Workers’ Compensation Insurance coverage in accordance with the laws of the State of
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 #45-24
P.O. Box 4748
Clearwater, FL 33758-4748
b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for
Vendor’s negligence.
d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any
and all claims that may arise related to Agreement, work performed under this Agreement, or
to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to
reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as
contemplated herein.
DETAILED SPECIFICATIONS
MEP & Specialty Services 19 ITB #45-24
The stipulated limits of coverage above shall not be construed as a limitation of any potential
liability to the City, and City’s failure to request evidence of this insurance shall not be
construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or
agents’) obligation to provide the insurance coverage specified.
MILESTONE
MEP & Specialty Services 20 ITB #45-24
1. BEGINNING AND END DATE OF THE INITIAL TERM. July 1, 2024 – June 30, 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.
Three (3), one (1) year renewal is possible at the City’s option.
4. PRICES. All pricing shall be firm for the initial term of one (1) year, except where otherwise provided
by the specifications, and include all transportation, insurance, and warranty costs. The City shall
not be invoiced at prices higher than those stated in any contract resulting from this bid.
The Contractor certifies that the prices offered are no higher than the lowest price the Contractor
charges other buyers for similar quantities under similar conditions. The Contractor further agrees
that any reductions in the price of the goods or services covered by this bid and occurring after
award will apply to the undelivered balance. The Contractor shall promptly notify the City of such
price reductions.
During the sixty (60) day period prior to each annual anniversary of the contract effective date, the
Contractor may submit a written request that the City increase the prices 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.
MILESTONE
MEP & Specialty Services 21 ITB #45-24
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
Exhibit A - Bid Pricing
Exceptions/Additional Materials/Addenda form
Vendor Information form
Scrutinized Companies form(s) as required
E-Verify Eligibility form as required
Offer Certification form
Minimum of three (3) customer references withing the last five (5) years
Personnel list with positions held, years of experience and emergency contacts
Work Warranty Information
Drug-Free Policy
Company Safety Plan
Proof of established business for a minimum of five (5) years – dated prior to April 2019
Copies of applicable certifications/certificates/licenses
W-9 Form to be provided by Bidder ( http://www.irs.gov/pub/irs-pdf/fw9.pdf )
BID PRICING
MEP & Specialty Services 22 ITB #45-24
Pursuant to the contract specifications set forth and described in this solicitation, we agree to furnish Labor
& Materials to the City of Clearwater, per the proposed rates in Exhibit A – Bid Pricing.
DELIVERY REQUIREMENTS
FOB: Destination, Freight Prepaid and Allowed
Freight Costs: Unit prices should include all freight and transportation charges
PAYMENT TERMS:
• City of Clearwater’s standard payment terms are NET30
• Electronic Funds Transfer (EFT) / Automated Clearing House (ACH
Vendor: _________________________________________ Date: _______________________________
EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA
MEP & Specialty Services 23 ITB #45-24
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
MEP & Specialty Services 24 ITB #45-24
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
MEP & Specialty Services 25 ITB #45-24
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
MEP & Specialty Services 26 ITB #45-24
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
MEP & Specialty Services 27 ITB #45-24
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
REFERENCES
MEP & Specialty Services 28 ITB #45-24
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:
REFERENCES
MEP & Specialty Services 29 ITB #45-24
Instructions: Vendor shall provide a minimum of three (3) customer references for which comparable
work has been performed within the last five (5) years. Additional pages may be added, if needed.
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
MEP & Specialty Services 30 ITB #45-24
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
SEALED BID
Submitted by:
Company Name:
Address:
City, State, Zip:
ITB #45-24, MEP & Specialty Services
Due Date: May 30, 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 #45-24, MEP & Specialty Services
Due Date: May 30, 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
Items Mechanical Air Mechanical
& Service Corp
Krauss
Company
McMullen Air
Conditioning Primary
1 Standard hourly rate $ 98.00 $ 98.00 $ 125.00 Secondary
2 Standard helper hourly rate $ 88.00 $ 92.00 $ 75.00 Tertiary
3 Standard laborer hourly rate $ 88.00 $ 92.00 $ 75.00 Quaternary
$ 91.33 $ 94.00 $ 91.67 Quinary
4 Overtime hourly rate $ 128.00 $ 147.00 $ 187.50
5 Overtime helper hourly rate $ 118.00 $ 138.00 $ 112.50
6 Overtime laborer hourly rate $ 118.00 $ 138.00 $ 112.50
$ 121.33 $ 141.00 $ 137.50
7 Emergency hourly rate $ 138.00 $ 147.00 $ 187.50
8 Emergency helper hourly rate $ 138.00 $ 138.00 $ 112.20
9 Emergency laborer hourly rate $ 138.00 $ 138.00 $ 187.50
$ 138.00 $ 141.00 $ 162.40
10
Percentage over actual cost for
materials (an itemized
materials list for each work
order is required)
20%30%35%
Items Electrical Bates Electric
Inc
LEW Electrical
Services LLC MC Dean Inc Piper Fire Protection
LLC Tamco Electric
1 Standard hourly rate $ 90.00 $ 80.00 $ 95.00 $ 140.00 $ 87.00
2 Standard helper hourly rate $ 65.00 $ 70.00 $ 80.75 $ 100.00 $ 63.00
3 Standard laborer hourly rate $ 55.00 $ 45.00 $ 61.75 $ 100.00 $ 54.00
$ 70.00 $ 65.00 $ 79.17 $ 113.33 $ 68.00
4 Overtime hourly rate $ 134.00 $ 120.00 $ 139.65 $ 210.00 $ 130.50
5 Overtime helper hourly rate $ 98.00 $ 105.00 $ 118.70 $ 210.00 $ 94.50
6 Overtime laborer hourly rate $ 83.00 $ 67.50 $ 90.77 $ 210.00 $ 81.00
$ 105.00 $ 97.50 $ 116.37 $ 210.00 $ 102.00
7 Emergency hourly rate $ 165.00 $ 120.00 $ 139.65 $ 210.00 $ 160.00
8 Emergency helper hourly rate $ 114.00 $ 105.00 $ 118.70 $ 210.00 $ 110.00
9 Emergency laborer hourly rate $ 96.00 $ 67.50 $ 90.77 $ 210.00 $ 100.00
$ 125.00 $ 97.50 $ 116.37 $ 210.00 $ 123.33
10
Percentage over actual cost for
materials (an itemized
materials list for each work
order is required)
17%15%15%50%17%
Average Standard Rate
Average Overtime Rate
Average Emergency Rate
Average Standard Rate
Average Overtime Rate
Average Emergency Rate
ITB 45-24, Mechanical, Electrical, Plumbing (MEP) and Specialty Services
Exhibit A - Bid Pricing
Items Plumbing
Apollo Plumbing
of Pinellas Co,
Inc
C Lacey
Plumbing Inc
Scotto Plumbing
Service and
Repair LLC
1 Standard hourly rate $ 88.00 $ 160.00 $ 100.00 Primary
2 Standard helper hourly rate $ 63.00 $ 90.00 $ 75.00 Secondary
3 Standard laborer hourly rate $ 55.00 $ 90.00 $ 75.00 Tertiary
$ 68.67 $ 113.33 $ 83.33 Quaternary
Quinary
4 Overtime hourly rate $ 132.00 $ 240.00 $ 150.00
5 Overtime helper hourly rate $ 94.50 $ 135.00 $ 112.50
6 Overtime laborer hourly rate $ 82.50 $ 135.00 $ 112.50
$ 103.00 $ 170.00 $ 125.00
7 Emergency hourly rate $ 176.00 $ 320.00 $ 150.00
8 Emergency helper hourly rate $ 126.00 $ 180.00 $ 112.50
9 Emergency laborer hourly rate $ 110.00 $ 180.00 $ 112.50
$ 137.33 $ 226.67 $ 125.00
10
Percentage over actual cost for
materials (an itemized
materials list for each work
order is required)
17%25%25%
Items UPS Bates Electric
Inc MC Dean Inc
1 Standard hourly rate $ 90.00 $ 197.00
2 Standard helper hourly rate $ 65.00 $ 147.75
3 Standard laborer hourly rate $ 55.00 $ 108.35
$ 70.00 $ 151.03
4 Overtime hourly rate $ 134.00 $ 289.59
5 Overtime helper hourly rate $ 98.00 $ 217.19
6 Overtime laborer hourly rate $ 83.00 $ 159.27
$ 105.00 $ 222.02
7 Emergency hourly rate $ 165.00 $ 289.59
8 Emergency helper hourly rate $ 114.00 $ 217.19
9 Emergency laborer hourly rate $ 96.00 $ 159.27
$ 125.00 $ 222.02
10
Percentage over actual cost for
materials (an itemized
materials list for each work
order is required)
17%15%
Items Solar Bates Electric
Inc
1 Standard hourly rate $ 90.00
2 Standard helper hourly rate $ 65.00
3 Standard laborer hourly rate $ 55.00
$ 70.00
4 Overtime hourly rate $ 134.00
5 Overtime helper hourly rate $ 98.00
6 Overtime laborer hourly rate $ 83.00
$ 105.00
7 Emergency hourly rate $ 165.00
8 Emergency helper hourly rate $ 114.00
9 Emergency laborer hourly rate $ 96.00
$ 125.00
10
Percentage over actual cost for
materials (an itemized
materials list for each work
order is required)
17%
Average Standard Rate
Average Overtime Rate
Average Emergency Rate
Average Standard Rate
Average Overtime Rate
Average Emergency Rate
Average Standard Rate
Average Overtime Rate
Average Emergency Rate
Items EV Charging Stations Bates Electric
Inc MC Dean Inc
1 Standard hourly rate $ 90.00 $ 197.00 Primary
2 Standard helper hourly rate $ 65.00 $ 147.75 Secondary
3 Standard laborer hourly rate $ 55.00 $ 108.35 Tertiary
$ 70.00 $ 151.03 Quaternary
Quinary
4 Overtime hourly rate $ 134.00 $ 289.59
5 Overtime helper hourly rate $ 98.00 $ 217.19
6 Overtime laborer hourly rate $ 83.00 $ 159.27
$ 105.00 $ 222.02
7 Emergency hourly rate $ 165.00 $ 289.59
8 Emergency helper hourly rate $ 114.00 $ 217.19
9 Emergency laborer hourly rate $ 96.00 $ 159.27
$ 125.00 $ 222.02
10
Percentage over actual cost for
materials (an itemized
materials list for each work
order is required)
17%15%
Items Air Compressors
1 Standard hourly rate
2 Standard helper hourly rate
3 Standard laborer hourly rate
4 Overtime hourly rate
5 Overtime helper hourly rate
6 Overtime laborer hourly rate
7 Emergency hourly rate
8 Emergency helper hourly rate
9 Emergency laborer hourly rate
10
Percentage over actual cost for
materials (an itemized
materials list for each work
order is required)
Items Boiler
1 Standard hourly rate
2 Standard helper hourly rate
3 Standard laborer hourly rate
4 Overtime hourly rate
5 Overtime helper hourly rate
6 Overtime laborer hourly rate
7 Emergency hourly rate
8 Emergency helper hourly rate
9 Emergency laborer hourly rate
10
Percentage over actual cost for
materials (an itemized
materials list for each work
order is required)
No Responses
No Responses
Average Standard Rate
Average Overtime Rate
Average Emergency Rate
Items Gas Lines
Scotto Plumbing
Service and
Repair LLC
Items Fuel Tanks
Convault
Maintenance Inc
dba Tank Help
1 Standard hourly rate $ 150.00 1 Standard hourly rate $ 475.00
2 Standard helper hourly rate $ 75.00 2 Standard helper hourly
rate $ 300.00
3 Standard laborer hourly rate $ 75.00 3 Standard laborer hourly
rate $ 250.00
$ 100.00 $ 341.67
4 Overtime hourly rate $ 225.00 4 Overtime hourly rate no bid
5 Overtime helper hourly rate $ 112.50 5 Overtime helper hourly
rate no bid
6 Overtime laborer hourly rate $ 112.50 6 Overtime laborer hourly
rate no bid
$ 150.00 $ -
7 Emergency hourly rate $ 225.00 7 Emergency hourly rate $ 750.00
8 Emergency helper hourly rate $ 112.50 8 Emergency helper
hourly rate $ 500.00
9 Emergency laborer hourly rate $ 112.50 9 Emergency laborer
hourly rate $ 400.00
$ 150.00 $ 550.00
10
Percentage over actual cost for
materials (an itemized
materials list for each work
order is required)
25%10
Percentage over actual
cost for materials (an
itemized materials list
for each work order is
required)
20%
Average Emergency Rate
Average Standard Rate
Average Overtime Rate
Average Emergency Rate
Average Standard Rate
Average Overtime Rate
1) Air Mechanical & Service Corp.2) Apollo Plumbing of Pinellas Co. Inc.
4311 W. Ida Street 6300 Hillside Ave
Tampa, FL 33614 Seminole, FL 33772
813-363-2162 727-743-2962
3) Bates Electric Inc.4) C. Lacey Plumbing Inc.
7901 Hopi Place 1400 Clearwater Largo Rd.
Tampa, FL 33634 Largo, FL 33770
813-888-7050 727-581-9883
5) Convault Maintenance Inc 6) Krauss Company
2905 SE 162 Place Rd 6110 126th Ave. N
Summerfield, FL 34491 Largo, FL 33773
352-470-9908 727-536-4800
7)LEW Electrical Services LLC 8)M.C. Dean, Inc.
4422 N 56th St 1765 Greensboro Station Pl.
Tampa, FL 33610 Tysons, VA 22102
813-630-2698 703-802-6231
9)McMullen Air Conditioning Refrigeration Inc.10)Piper Fire Protection, LLC- A Fortis Brand
4877 28th St. N dba Piper Electrical Services
St. Pete, FL 33714 13075 US Highway 19 N
727-527-0000 Clearwater, FL 33764
727-581-9339
11)Scotto Plumbing Service and Repair LLC 12)Tamco Electric
1761 Carnegie Ave PO Box 579
Clearwater, FL 33756 Seffner, FL33583
727-581-5828 813-918-8489
ADVERTISED: TAMPA BAY TIMES 05.08.24
POSTED:myclearwater.com 05.01.24-05.30.24
FOR THE CITY OF CLEARWATER
Due/Opening: May 30, 2024; 10:00 a.m.
INVITATION TO BID No. 45-24
Mechanical, Electrical, Plumbing & Specialty Services
Solicitation Response Listing
June 21, 2024
NOTICE OF INTENT TO AWARD
General Services Department and the Procurement Division recommend award of ITB No.45-24,
Mechanical, Electrical, Plumbing (MEP) & Specialty Servies, to the lowest most responsible
bidders, in accordance with the bid specifications, in the estimated annual amount $4,000,000.00,
for a period of one (1) year, with three (3), one (1) year renewal options.
Mechanical Contractors:
• Air Mechanical & Service Corp of Tampa, FL: Primary
• McMullen Air Conditioning Refrigeration Inc of St. Petersburg, FL: Secondary
• Krauss Company of Largo, FL: Tertiary
Electrical Contractors:
• LEW Electrical Services LLC of Tampa, FL: Primary
• Tamco Electric Inc of Seffner, FL: Secondary
• Bates Electric Inc of Tampa, FL: Tertiary
• MC Dean Inc. of Oldsmar, FL: Quaternary
• Piper Fire Protection dba Piper Electrical Services of Clearwater, FL: Quinary
Plumbing Contractors:
• Apollo Plumbing of Pinellas Co. Inc of Seminole, FL: Primary
• Scotto Plumbing Service and Repair LLC of Clearwater, FL: Secondary
• C. Lacey Plumbing Inc of Clearwater, FL: Tertiary
Uninterruptible Power Supply (UPS) Contractors:
• Bates Electric Inc of Tampa, FL: Primary
• MC Dean Inc. of Oldsmar, FL: Secondary
Solar Contractors:
• Bates Electric Inc of Tampa, FL: Primary
EV Charging Station Contractor:
• Bates Electric Inc of Tampa, FL: Primary
• MC Dean Inc. of Oldsmar, FL: Secondary
Gas Lines:
• Scotto Plumbing Service and Repair LLC of Clearwater, FL: Primary
Fuel Tank Contractor:
• Convault Maintenance Inc dba Tank Help: Primary
This Award recommendation is tentatively scheduled to go before City Council on July 15, 2024,
(3:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave.,
Clearwater, FL 33755.
Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst at (727)
444-8510, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater,
FL 33758-4748.
Posted on this date by:
Krissie Cook
Krissie Cook
Procurement Analyst
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0774
Agenda Date: 7/15/2024 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: General Services
Agenda Number: 6.12
SUBJECT/RECOMMENDATION:
Approve purchase orders to Goodyear Tire and Rubber Company, Monro Inc. and Mavis Tire Express
Services Corp, for the purchase of Goodyear tire products and services for city motorized equipment in the
cumulative amount of $2,550,000.00 for term July 1, 2024 through June 30, 2027, pursuant to Clearwater
Code of Ordinance Section 2.563 (1)(c), Piggyback, and authorize the appropriate officials to execute
same.
SUMMARY:
This contract covers the purchase of various tire sizes for use on all city vehicles and offers their services
for all commercial vehicles which includes road service assistance, tire repairs, mounting and dismounting,
tire rotation, balancing and disposal. Goodyear also provides fleet inspections of tires on a set schedule at
no charge.
Authorization to piggyback the State of Florida Alternate Contract Source No. 25172500-24-ACS for Tires,
Tubes and Services valid through June 30, 2027, is requested. Both Monro Inc. and Mavis Tire Express
Services Corp are servicing dealers under this contract. Fleet anticipates a cumulative annual spend of
$850,000.00.
APPROPRIATION CODE AND AMOUNT:
5666611-550700 (Tires) $700,000.00
5666611-546500 (Repairs & Services)$150,000.00
Funds are available for the current fiscal year in the General Services Fleet Maintenance cost codes
5666611-550700 for tires and 5666611-546500 for repairs and service to fund these purchase orders.
Funding for future years will be requested in the annual budget process.
STRATEGIC PRIORITY:
These purchases help accomplish strategic objective 1.2. Fleet division operators maintain public
infrastructure to deliver effective and efficient services by optimizing City assets and resources.
Page 1 City of Clearwater Printed on 7/9/2024
Alternate Contract Source (ACS)
No. 25172500-24-ACS
For
Tires, Tubes, and Services
Page 1 of 3
This Alternate Contract Source No. 25172500-24-ACS Tires, Tubes, and Services (Contract), is
between the Department of Management Services (Department), an agency of the State of
Florida (State), located at 4050 Esplanade Way, Tallahassee, FL 32399 and The Goodyear Tire
& Rubber Company (Contractor), located at 200 Innovation Way, Akron, OH 44316 collectively
referred to herein as the “Parties.”
WHEREAS, the Department is authorized by section 287.042(16), Florida Statutes:
To evaluate contracts let by the Federal Government, another state, or a political subdivision for
the provision of commodities and contract services, and, if it is determined by the Secretary of
Management Services in writing to be cost-effective and the best value to the state, to enter into
a written agreement authorizing an agency to make purchases under such contract;
WHEREAS, the State of Iowa, acting by and through the National Association of State
Procurement Officials (NASPO) ValuePoint, competitively procured tires, tubes, and services and
executed 24155, Tires, Tubes, and Services (Master Contract), with the Contractor;
WHEREAS, the Secretary evaluated the Master Contract and determined that use of the Master
Contract is cost-effective and the best value to the state.
NOW THEREFORE, in consideration of the mutual promises contained herein, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Term and Effective Date.
The Master Contract becomes effective July 1, 2024 and its term currently ends on June 30,
2027. The Master Contract has three years of renewals available. The Contract will become
effective on July 1, 2024 or on the date signed by all Parties, whichever is later. The Contract
will expire on June 30, 2027 unless terminated earlier or renewed in accordance with Exhibit
A, Additional Special Contract Conditions.
2. Order of Precedence.
This Contract document and the attached exhibits constitute the Contract and the entire
understanding of the Parties. Exhibits A, B, and C, and this Contract document constitute the
Participating Addendum to the Master Contract and modify or supplement the terms and
conditions of the Master Contract. All exhibits listed below are incorporated by reference into,
DocuSign Envelope ID: AB3D113A-07DB-4B8E-9821-FB5667848BA7
Alternate Contract Source (ACS) No. 25172500-24-ACS For Tires, Tubes, and Services
Page 2 of 3
and form part of, this Contract. In the event of a conflict, the following order of precedence
shall apply:
a) This Contract document b) Exhibit A: Additional Special Contract Conditions c) Exhibit B: Special Contract Conditions d) Exhibit C: Price Sheet e) Exhibit D: Preferred Pricing Affidavit f) Exhibit E: Master Contract
Where the laws and regulations of a state other than the State of Florida are cited or
referenced in the Master Contract, such citation or reference shall be replaced by the
comparable Florida law or regulation.
3. Purchases off this Contract. Upon execution of this Contract, agencies, as defined in section 287.012, Florida Statutes,
may purchase products and services under this Contract. Any entity making a purchase off of
this Contract acknowledges and agrees to be bound by the terms and conditions of this
Contract. The Contractor shall adhere to the terms included in any contract or purchase
orders issued pursuant to this Contract.
4. Primary Contacts.
Department’s Contract Manager:
Christopher McMullen
Division of State Purchasing
Florida Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
Telephone: (850) 922-9867
Email: Christopher.mcmullen@dms.fl.gov
Contractor’s Contract Manager:
Kenny Miller
The Goodyear Tire & Rubber Company
200 Innovation Way
Akron, OH 44316
Telephone: (330) 796-4352
Email: Kenneth_miller@goodyear.com
DocuSign Envelope ID: AB3D113A-07DB-4B8E-9821-FB5667848BA7
Alternate Contract Source (ACS) No. 25172500-24-ACS For Tires, Tubes, and Services
Page 3 of 3
5. Modifications.
Any amendments to this Contract must be in writing and signed by the Parties. If amendments
are made to the Master Contract after the effective date of this Contract, the Contractor shall:
1) notify the Department of such amendments; and 2) provided the Department is amenable
to incorporating the amendments into this Contract, enter into a written amendment with the
Department reflecting the addition of such amendments to this Contract.
IN WITNESS THEREOF, the Parties hereto have caused this Contract to be executed by their
duly authorized undersigned officials.
THE GOODYEAR TIRE & DEPARTMENT OF MANAGEMENT SERVICES RUBBER COMPANY _____________________________ _______________________________ Ryan Waldron, Vice President Pedro Allende, Secretary _____________________________ _______________________________ Date: Date:
DocuSign Envelope ID: AB3D113A-07DB-4B8E-9821-FB5667848BA7
6/12/2024 | 1:43 PM EDT 6/12/2024 | 3:36 PM EDT
1
EXHIBIT A ADDITIONAL SPECIAL CONTRACT CONDITIONS The Contractor and agencies, as defined in section 287.012, Florida Statutes acknowledge and agree to be bound by the terms and conditions of the Master Contract except as otherwise specified in the Contract, which includes the Special Contract Conditions and these Additional Special Contract Conditions. A. Orders: Contractor must be able to accept the State of Florida Purchasing Card and MyFloridaMarketPlace (MFMP) purchase orders.
B. Contractor and Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers: By execution of a Contract, the Contractor acknowledges that it will not be released of its contractual obligations to the Department or state agencies because of any failure of an
affiliate, partner, subcontractor, reseller, distributor, or dealer. The Contractor is responsible for ensuring that its affiliates, partners, subcontractors, resellers, distributors, and dealers providing commodities and performing services in furtherance of the
Contract do so in compliance with the terms and conditions of the Contract. The Contractor is fully responsible for satisfactory completion of all work performed under the Contract. C. Preferred Pricing: It is the responsibility of the Contractor to provide a completed Preferred Pricing Affidavit upon Contract execution and annually thereafter throughout the Contract term in accordance with the Special Contract Conditions. D. Purchases Prerequisites: Contractor must ensure that entities receiving payment directly from Customers under this Contract must have met the following requirements:
• Have an active registration with the Florida Department of State, Division of Corporations (www.sunbiz.org), or, if exempt from the registration requirements, provide the Department with the basis for such exemption.
• Be registered in the MFMP Vendor Information Portal (https://vendor.myfloridamarketplace.com).
• Have a current W-9 filed with the Florida Department of Financial Services (https://flvendor.myfloridacfo.com) E. Punchout Catalog and Electronic Invoicing. The Contractor is encouraged to provide a MFMP punchout catalog. The punchout catalog provides an alternative mechanism for suppliers to offer the State access to Products awarded under the Contract. The punchout catalog also allows for direct communication between the MFMP eProcurement System and a supplier’s Enterprise
Resource Planning (ERP) system, which can reflect real-time Product inventory/availability information.
DocuSign Envelope ID: AB3D113A-07DB-4B8E-9821-FB5667848BA7
Additional Special Contract Conditions (approved by State Purchasing, 1/18/2024)
Through utilization of the punchout catalog model, a Florida buyer will “punch out” to a
supplier’s website. Using the search tools on the supplier’s Florida punchout catalog site, the user selects the desired Products. When complete, the user exits the supplier’s punchout catalog site and the shopping cart (full of Products) is “brought back” to MFMP.
No orders are sent to a supplier when the user exits the supplier’s punchout catalog site. Instead, the chosen Products are “brought back” to MFMP as line items in a purchase order. The user can then proceed through the normal workflow steps, which may include adding/editing the Products (i.e., line items) in the purchase order. An order is not submitted to a supplier until the user approves and submits the purchase order, at which point the supplier receives an email with the order details. The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the agency through one of the mechanisms as listed below: 1) EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction
set can be used for invoicing via the Ariba Network (AN) for catalog and non-catalog goods and services.
2) PO Flip via AN This online process allows Contractors to submit invoices via the AN for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. The Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP, a State contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within MFMP. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and
license to reproduce and display within MFMP the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract.
F. Contract Reporting: The Contractor shall provide the Department the following accurate and complete reports associated with this Contract.
1) Contract Quarterly Sales Reports. The Contractor shall submit Quarterly Sales Reports in the manner and format required by the Department within 30 calendar
days after the close of each State fiscal quarter (the State’s fiscal quarters close on September 30, December 31, March 31, and June 30).
The Quarterly Sales Report template can be found here: Quarterly Sales Report
Format / Vendor Resources / State Purchasing / Business Operations / Florida Department of Management Services - DMS (myflorida.com). Initiation and submission of the most recent version of the Quarterly Sales Report posted on the DMS website is the responsibility of the Contractor without prompting or notification from the Department. Sales will be reviewed on a quarterly basis. If no sales are
DocuSign Envelope ID: AB3D113A-07DB-4B8E-9821-FB5667848BA7
Additional Special Contract Conditions (approved by State Purchasing, 1/18/2024)
recorded in two consecutive quarters, the Contractor may be placed on probationary status, or the Department may terminate the Contract. Failure to provide the
Quarterly Sales Report, or other reports requested by the Department, will result in the imposition of financial consequences and may result in the Contractor being found in default and the termination of the Contract.
2) Certified and Minority Business Enterprises Reports. Upon Customer request, the Contractor shall report to each Customer spend with certified and other minority business enterprises in the provision of commodities or services related to the Customer orders. These reports shall include the period covered; the name, minority
code, and Federal Employer Identification Number of each minority business enterprise utilized during the period; commodities and services provided by the minority business enterprise; and the amount paid to each minority business
enterprise on behalf of the Customer. 3) Ad Hoc Sales Reports. The Department may require additional Contract sales
information such as copies of purchase orders or ad hoc sales reports. The Contractor shall submit these documents and reports in the format acceptable to the Department and within the timeframe specified by the Department. 4) MFMP Transaction Fee Reports. The Contractor shall submit complete monthly MFMP Transaction Fee Reports to the Department. Reports are due 15 calendar days after the end of each month. Information on how to submit MFMP Transaction Fee Reports online can be located at https://www.dms.myflorida.com/business_operations/state_/myfloridamarketplace/mfmp_vendors/transaction_fee_and_reporting. Assistance with transaction fee reporting is also available by email at feeprocessing@myfloridamarketplace.com or telephone at 866-FLA-EPRO (866-352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time.
G. Financial Consequences: The Department reserves the right to impose financial consequences when the Contractor fails to comply with the requirements of the Contract. The following financial consequences will apply for the Contractor’s non-performance
under the Contract. The Customer and the Contractor may agree to add additional Financial Consequences on an as-needed basis beyond those stated herein to apply to that Customer’s resultant contract or purchase order. The State of Florida reserves the
right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with the provisions of the Contract. The Contractor and the Department agree that financial consequences for non-performance are an estimate of damages that are difficult to ascertain and are not penalties. The financial consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Contract performance and every month or quarter, respectively, thereafter.
DocuSign Envelope ID: AB3D113A-07DB-4B8E-9821-FB5667848BA7
Additional Special Contract Conditions (approved by State Purchasing, 1/18/2024)
Financial Consequences Chart
Deliverable Performance Metric Performance Due Date
Financial Consequence for Non-Performance /Not Received by the Contract Manager
Contractor will
timely submit complete Quarterly Sales Reports
All Quarterly Sales
Reports will be submitted timely with the required information
Completed reports
are due on or before the 30th calendar day after the close of each State fiscal quarter
$250 per day late
Contractor will timely submit
complete MFMP Transaction Fee Reports
All MFMP Transaction Fee
Reports will be submitted timely with the required
information
Completed reports are due on or
before the 15th calendar day after the end of each
month
$100 per day late
No favorable action will be considered when Contractor has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation owed to the Department or Customer, to include fees / monies, that is required under this Contract.
H. Business Review Meetings: Both the Department and Customer reserve the right to schedule business review meetings. The Department or Customer may specify the format or agenda for the meeting. At a minimum, the Business Review Meeting may include the following topics: a. Contract compliance b. Contract savings (in dollar amount and cost avoidance) c. Spend reports by Customer d. Recommendations for improved compliance and performance I. Special Contract Conditions revisions: the corresponding subsections of the Special
Contract Conditions referenced below are replaced in their entirety with the following: 2.2 Renewal.
Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(14), F.S.
3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract’s term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their
DocuSign Envelope ID: AB3D113A-07DB-4B8E-9821-FB5667848BA7
Additional Special Contract Conditions (approved by State Purchasing, 1/18/2024)
specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the
Contractor’s performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. However, if an extended pricing plan offered in the state term or agency contract is selected by the ordering
entity, the contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.7 Transaction Fees.
The State of Florida, through the Department of Management Services, has instituted
MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(24),
F.S., all payments shall be assessed a Transaction Fee of one percent (1.0%), or as may
otherwise be established by law, which the vendor shall pay to the State.
For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the vendor. If automatic deduction is not possible, the vendor shall pay the Transaction Fee pursuant to subsection 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its
designee. The vendor shall receive a credit for any Transaction Fee paid by the vendor for the purchase of any item(s) if such item(s) are returned to the vendor through no fault, act, or omission of the vendor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the vendor’s failure to perform or comply with specifications or requirements of the agreement.
Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or submission of required reporting of transactions shall constitute grounds for
declaring the Vendor in default. 5.1 Conduct of Business.
The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must
comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)-(c) and (g), F.S., are hereby incorporated by reference. Nothing contained within this Contract shall be construed to prohibit the Contractor from disclosing information relevant to performance of the Contract or purchase order to
members or staff of the Florida Senate or Florida House of Representatives. Pursuant to section 287.057(26), F.S., the Contractor shall answer all questions of, and
ensure a representative will be available to, a continuing oversight team.
DocuSign Envelope ID: AB3D113A-07DB-4B8E-9821-FB5667848BA7
Additional Special Contract Conditions (approved by State Purchasing, 1/18/2024)
The Contractor will comply with all applicable disclosure requirements set forth in section 286.101, F.S. In the event the Department of Financial Services issues the Contractor a final
order determining a third or subsequent violation pursuant to section 286.101(7)(c), F.S., the Contractor shall immediately notify the Department and applicable Customers and shall be disqualified from Contract eligibility.
5.4 Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists. In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List during the term of the Contract. In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not enter into or renew a contract to provide any goods or services to an agency after its placement on the Suspended Vendor List.
A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator
Vendor List pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section 287.134, F.S., is immediately disqualified from Contract eligibility. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.
5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or
hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant. Such information may include, but will not be limited to, the Contractor's business or financial
records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration or termination of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to
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cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract.
6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make
purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(6), F.A.C. 8.1.1 Termination of Contract. The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F.S., made or received by the Contractor in conjunction with the Contract unless the records are exempt from s. 24(a) of Art. I of the State Constitution and section 119.071(1), F.S. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting
on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: 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 DEPARTMENT’S
CUSTODIAN OF PUBLIC RECORDS AT PUBLICRECORDS@DMS.FL.GOV, (850) 487-1082 OR 4050 ESPLANADE WAY, SUITE 160, TALLAHASSEE, FLORIDA 32399-0950.
Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (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 in Chapter 119, F.S., or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the 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
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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. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits
on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, and the Office of the Auditor General shall also have authority to perform audits and inspections.
13.2 E-Verify. The Contractor and its subcontractors shall register with and use the U.S. Department of Homeland Security’s (DHS) E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor in accordance with section 448.095, F.S. The Contractor shall obtain an affidavit from its subcontractors in accordance with paragraph (5)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract.
Special Contract Conditions additions: the following subsections are added to the Special
Contract Conditions:
5.7 Foreign Country of Concern Attestation.
If the Contract or Customer’s purchase order issued pursuant to this Contract grants the
Contractor access to an individual’s personal identifying information as defined in section
501.171, Florida Statutes, the Contractor must, prior to execution, extension, or renewal of
this Contract or Customer purchase order, complete and submit to the applicable
Governmental Entity the Form PUR 1355, “Foreign Country of Concern Attestation Form,”
available at:
https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resour
ces/state_purchasing_pur_forms.
5.8 Common Carrier Attestation.
The Contractor as a Common Carrier, as defined in section 908.111, Florida Statutes, or
contracted carrier must, prior to execution, amendment, or renewal of this Contract or
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Customer purchase order issued pursuant to this Contract, complete and submit to the
applicable Governmental Entity the Form PUR 1808, “Common Carrier or Contracted
Carrier Attestation Form,” available at:
https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resour
ces/state_purchasing_pur_forms.
This Contract or a Customer purchase order may be terminated if the Contractor is found to
be in violation of the submitted attestation.
12.3 Document Inspection.
In accordance with section 216.1366, F.S., the Department or a state agency is authorized to inspect the: (a) financial records, papers, and documents of the Contractor that are directly related to the performance of the Contract or the expenditure of state funds; and (b)
programmatic records, papers, and documents of the Contractor which the Department or state agency determines are necessary to monitor the performance of the Contract or to ensure that the terms of the Contract are being met. The Contractor shall provide such
records, papers, and documents requested by the Department or a state agency within 10 Business Days after the request is made.
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EXHIBIT B
SPECIAL CONTRACT CONDITIONS
JULY 1, 2019 VERSION
Table of Contents
SECTION 1. DEFINITION. .......................................................................................................................... 2
SECTION 2. CONTRACT TERM AND TERMINATION. ................................................................................ 2
SECTION 3. PAYMENT AND FEES. ............................................................................................................ 3
SECTION 4. CONTRACT MANAGEMENT. ................................................................................................. 4
SECTION 5. COMPLIANCE WITH LAWS. ................................................................................................... 6
SECTION 6. MISCELLANEOUS. ................................................................................................................. 7
SECTION 7. LIABILITY AND INSURANCE…………………………………………………………………………………………….. 9
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL
PROPERTY. ............................................................................................................................................. 10
SECTION 9. DATA SECURITY. ................................................................................................................. 12
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. ......................................................... 13
SECTION 11. CONTRACT MONITORING. ............................................................................................... 14
SECTION 12. CONTRACT AUDITS. .......................................................................................................... 15
SECTION 13. BACKGROUND SCREENING AND SECURITY. ..................................................................... 16
SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. ................................................... 17
In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included
herein by reference but is superseded in its entirety by these Special
Contract Conditions.
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SECTION 1. DEFINITION.
The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.):
1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract.
SECTION 2. CONTRACT TERM AND TERMINATION.
2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S.
2.3 Suspension of Work and Termination.
2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The
Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a
suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is
completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily
performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor.
2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may:
(a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify
the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department.
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SECTION 3. PAYMENT AND FEES.
3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents.
3.2 Price Decreases. The following price decrease terms will apply to the Contract:
3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders;
3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor’s pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor’s authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract
term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the
promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices.
3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer.
Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor’s Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on
the last day of the Contract’s term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall
be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor’s performance. The duration of purchase orders for recurring
deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract.
3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in
writing and may be reimbursed only in accordance with section 112.061, F.S.
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3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an
agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida’s performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature.
3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted
MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as
prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida.
3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by
Florida law. 3.9 Return of Funds.
Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either
discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment.
SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms
of all prior agreements between the Parties on this subject matter. 4.2 Notices.
All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department.
4.3 Department’s Contract Manager. The Department’s Contract Manager, who is primarily responsible for the Department’s oversight of the Contract, will be identified in a separate writing to the Contractor upon
Contract signing in the following format:
Department’s Contract Manager Name
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Department’s Name Department’s Physical Address
Department’s Telephone # Department’s Email Address
If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract.
4.4 Contractor’s Contract Manager. The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s oversight of the Contract performance, will be identified in a separate writing to the
Department upon Contract signing in the following format:
Contractor’s Contract Manager Name Contractor’s Name Contractor’s Physical Address Contractor’s Telephone # Contractor’s Email Address
If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract.
4.5 Diversity. 4.5.1 Office of Supplier Diversity.
The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through
certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com.
4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered,
the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each
agency purchasing under the Contract. 4.6 RESPECT.
Subject to the agency determination provided for in section 413.036, F.S., the following statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE
SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES;
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AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL
BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED.
Additional information about RESPECT and the commodities or contractual services it offers is available at https://www.respectofflorida.org.
4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS
AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED.
Additional information about PRIDE and the commodities or contractual services it offers
is available at https://www.pride-enterprises.org.
SECTION 5. COMPLIANCE WITH LAWS.
5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing
requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference.
5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and
serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form
of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and
rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in
the county chosen by the Department. 5.3 Department of State Registration.
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Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive
evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity.
5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor
List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List,
Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract.
5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized
Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention.
Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State
official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files
of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the
suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to
cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract.
SECTION 6. MISCELLANEOUS. 6.1 Subcontractors.
The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its
procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The
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Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities.
6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations
under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for
performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor.
6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract.
6.4 Inspection and Acceptance of Commodities.
6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will
be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier’s bill of lading; report damages to the
carrier and the Contractor; and provide the Contractor with a copy of the carrier’s bill of lading and damage inspection report.
6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will
have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities.
6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply
with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements.
6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include
disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516.
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6.7 Time is of the Essence.
Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach.
6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights
under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability.
The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and
conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract
are required to follow the requirements of Rule 60A-1.045(5), F.A.C.
SECTION 7. LIABILITY AND INSURANCE.
7.1 Workers’ Compensation Insurance. The Contractor shall maintain workers’ compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly
provide workers’ compensation insurance for all of the latter’s employees. In the event
work is being performed by the Contractor under the Contract and any class of
employees performing the work is not protected under Workers’ Compensation statutes,
the Contractor must provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of employees not otherwise
protected.
7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract.
7.3 Florida Authorized Insurers.
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All insurance shall be with insurers authorized and eligible to transact the applicable line
of insurance business in the State of Florida. The Contractor shall provide
Certification(s) of Insurance evidencing that all appropriate coverage is in place and
showing the Department to be an additional insured.
7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to
furnish, without additional cost to the Department, a performance bond or irrevocable
letter of credit or other form of security for the satisfactory performance of work
hereunder. The Department shall determine the type and amount of security.
7.5 Indemnification.
To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and
hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and
attorney’s fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents,
subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor’s employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions
to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3)
assistance in defending the action at Contractor’s sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or
Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies
available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any
liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State.
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT,
AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract.
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The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S.,
made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice.
Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies:
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 AT THE TELEPHONE NUMBER, EMAIL
ADDRESS, AND MAILING ADDRESS PROVIDED IN THE
RESULTING CONTRACT OR PURCHASE ORDER.
Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall:
(a) Keep and maintain public records required by the public agency to perform the service. (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 in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the
Contract term and following the 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. 8.2 Protection of Trade Secrets or Otherwise Confidential Information.
8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section
688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be
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responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential.
8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the
Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the
materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester.
8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of materials as trade secret or otherwise confidential.
8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that
were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of
State available at the Department of State’s Records Management website. 8.4 Intellectual Property.
8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the
owner of all intellectual property rights to all property created or developed in connection with the Contract.
8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and
such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through
performance of the Contract.
8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or
other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida.
SECTION 9. DATA SECURITY.
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The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is
stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the
United States due to Contractor’s action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. “Security breach” for purposes of this section will
refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and
recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor’s findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information.
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS.
10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of
Florida officer’s or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of
Florida officer or employee. 10.2 Lobbying.
In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term.
10.3 Communications.
10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases,
or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the
Customer’s Contract Manager and securing the Customer’s prior written consent. 10.3.2 Use of Customer Statements.
The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor’s promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first
notifying the Customer’s Contract Manager and securing the Customer’s prior written consent.
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SECTION 11. CONTRACT MONITORING.
11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to
be advised as to the status of work being done by the Contractor and of the details thereof.
11.2 Performance Deficiencies and Financial Consequences of Non-Performance. 11.2.1 Proposal of Corrective Action Plan.
In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer.
11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department
or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or
Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies.
11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in
performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has
caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department’s delay.
11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the
DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to
compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay.
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The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents
contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly
beyond the Contractor’s reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor
implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10)
calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct,
indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or
delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair
the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the
Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part.
SECTION 12. CONTRACT AUDITS.
12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department
may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s
agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the
Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the
Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections.
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12.2 Payment Audit.
Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor’s general accounting records, together with supporting documents
and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida’s Chief Financial Officer, or the Office of the Auditor General.
SECTION 13. BACKGROUND SCREENING AND SECURITY.
13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor’s employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest
for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re-screen any of its employees, agents,
representatives, and subcontractors during the term of the Contract. 13.2 E-Verify.
The Contractor must use the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a
requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E-Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each
Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number.
13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or
felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any
jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows:
(a) Computer related crimes; (b) Information technology crimes;
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(c) Fraudulent practices; (d) False pretenses;
(e) Frauds; (f) Credit card crimes; (g) Forgery;
(h) Counterfeiting; (i) Violations involving checks or drafts; (j) Misuse of medical or personnel records; and
(k) Felony theft.
13.4 Confidentiality.
The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information.
SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM.
The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its
Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The
Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract.
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NONSIG DEALER NAME DBA ADDRESS CITY STATE ZIP PHONE CONTACT NAME CONTACT EMAIL
PEP BOYS #120 1029 E ALTAMONTE DR ALTAMONTE SPRINGS FL 32701 (407) 339-3385 Store Manager
PEP BOYS #1434 710 W. HIGHWAY 436 ALTAMONTE SPRINGS FL 32714 (407) 774-6830 Store Manager
D.G. WILLIAMS 200 WEST MAIN ST APOPKA FL 32703 (407) 889-7074 dwilli6573@aol.com
PEP BOYS #1422 260 E MAIN ST APOPKA FL 32703 (407) 886-2699 Store Manager
PEP BOYS #544 2000 EAST SEMORAN BLVD APOPKA FL 32703 (407) 880-4500 Store Manager
120073 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1233 2213 E SEMORAN BLVD APOPKA FL 32703 (407) 502-4697 TIM MORAN tmoran@mavistire.com
122503 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1800 1675 E. SEMORAN BLVD APOPKA FL 32703 (407) 884-4441 TIM MORAN tmoran@mavistire.com
THE TIREMAN INC 1109 W MAIN ST AVON PARK FL 33825 (863) 452-2031 virgil@bigttire.net
GOODYEAR AUTO SERVICE #2439 390 EAST VAN FLEET DRIVE BARTOW FL 33830 (863) 533-4136 Store Manager
AKRON TIRE CO INC ROBBIE TIRE 41 SE AVE C BELLE GLADE FL 33430 (561) 996-6556 astafford@tiresoles.com
122507 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #2003 4441 SE 102ND PLACE BELLEVIEW FL 34420 (352) 719-4271 TIM MORAN tmoran@mavistire.com
VP & C INC GEORGE'S WHOLESALE TIRE 3260 N LECANTO HWY BEVERLY HILLS FL 34465 (352) 527-1712 office@georgeswholesale.net
134432 MONRO INC TIRE CHOICE #1293 22923 SANDALFOOT PLAZA DR BOCA RATON FL 33428 (561) 488-1822 KYLE PETERSON kyle.peterson@monro.com
147055 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES 10 NW 28TH ST BOCA RATON FL 33431 (561) 453-1444 TIM MORAN tmoran@mavistire.com
906625 GOODYEAR AUTO SERVICE #6625 199 NW 1ST AVE BOCA RATON FL 33432 (561) 368-3898 gsr6625@goodyear.com
134034 MONRO INC TIRE CHOICE #1249 12831 TRADE CENTER DR BONITA SPRINGS FL 34135 (239) 947-1214 KYLE PETERSON kyle.peterson@monro.com
146278 MONRO INC TIRE CHOICE #1589 10100 BONITA BEACH ROAD BONITA SPRINGS FL 34135 (239) 948-2777 KYLE PETERSON kyle.peterson@monro.com
EASY PAY TIRE STORES INC 619 N FEDERAL HIGHWAY BOYNTON BEACH FL 33435 (561) 732-2696 doug@easypaytire.com
134028 MONRO INC TIRE CHOICE #1250 3940 HYPOLUXO ROAD BOYNTON BEACH FL 33436 (561) 641-7518 KYLE PETERSON kyle.peterson@monro.com
134444 MONRO INC TIRE CHOICE #1295 1640 S CONGRESS AVE BOYNTON BEACH FL 33426 (561) 752-9090 KYLE PETERSON kyle.peterson@monro.com
PEP BOYS #1808 6324 14TH ST WEST BRADENTON FL 34207 (941) 751-7519 Store Manager
PEP BOYS #398 2303 CORTEZ RD BRADENTON FL 34207 (941) 739-1525 Store Manager
SHEPHERD'S TIRE SERVICE, INC 3949 14TH ST W BRADENTON FL 34205-6003 (941) 746-7885 lshepherd941@gmail.com
134002 MONRO INC TIRE CHOICE #1276 5720 RANCH LAKE ROAD BRADENTON FL 34202 (941) 756-8605 KYLE PETERSON kyle.peterson@monro.com
138238 MONRO INC TIRE CHOICE #1373 5202 E STATE ROAD 64 BRADENTON FL 34208 (941) 749-6100 KYLE PETERSON kyle.peterson@monro.com
138240 MONRO INC TIRE CHOICE #1372 8712 E STATE ROAD 70 BRADENTON FL 34202 (941) 755-8394 KYLE PETERSON kyle.peterson@monro.com
118138 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #536 5706 FL 64 EAST BRADENTON FL 34208 (941) 877-2093 TIM MORAN tmoran@mavistire.com
120072 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #1232 15209 GARNET TRAIL BRADENTON FL 34211 (941) 900-4495 TIM MORAN tmoran@mavistire.com
122093 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1794 6025 STATE ROAD 70 E BRADENTON FL 34203 (941) 751-1818 TIM MORAN tmoran@mavistire.com
144039 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES 6008 LAKEWOOD RANCH BLVD BRADENTON FL 34211-2113 (941) 238-0193 TIM MORAN tmoran@mavistire.com
ELITE AUTO & TIRES INC 611 W ROBERTSON ST BRANDON FL 33511 (813) 689-7171 shannon@eliteautoandtires.com
PEP BOYS #139 1747 W BRANDON BLVD BRANDON FL 33511 (813) 689-0700 Store Manager
PEP BOYS #1803 214 E BRANDON BLVD BRANDON FL 33511 (813) 655-3476 Store Manager
144038 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #807 841 LITHIA PINECREST RD BRANDON FL 33511-6193 (813) 982-3500 TIM MORAN tmoran@mavistire.com
GOODYEAR AUTO SERVICE #2485 740 BROAD ST BROOKSVILLE FL 34601 (352) 796-4961 Store Manager
BUSHNELL TIRE CO 322 NORTH MAIN ST BUSHNELL FL 33513 (352) 793-7822 jhatcher@aol.com
PEP BOYS #1527 161 N TYNDALL PKWY CALLAWAY FL 32404 (850) 769-0261 Store Manager
139222 MONRO INC TIRE CHOICE #1455 3040 HIGHWAY 95A CANTONMENT FL 32533 (850) 474-1718 KYLE PETERSON kyle.peterson@monro.com
PEP BOYS #1820 1820 SDEL PRADO BLVD CAPE CORAL FL 33990 (239) 214-6911 Store Manager
146284 MONRO INC TIRE CHOICE #1596 946 NE PINE ISLAND ROAD CAPE CORAL FL 33909 (239) 424-8657 KYLE PETERSON kyle.peterson@monro.com
146678 MONRO INC TIRE CHOICE #1523 1011 SW PINE ISLAND ROAD CAPE CORAL FL 33991 (786) 465-7549 KYLE PETERSON kyle.peterson@monro.com
122752 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1799 1335 DEL PRADO BLVD S CAPE CORAL FL 33990 (352) 474-5558 TIM MORAN tmoran@mavistire.com
GOODYEAR AUTO SERVICE #2525 2144 DEL PRADO BLVD SOUTH CAPE CORAL FL 33904 (239) 574-3539 Store Manager
PEP BOYS #1813 690 E SEMORAN BLVD CASSELBERRY FL 32707 (407) 682-9988 Store Manager
PEP BOYS #1423 70 BLAKE DR CELEBRATION FL 34747 (321) 939-2581 Store Manager
GOODYEAR COMMERCIAL TIRE & SERVICE CENTER 11601 47TH ST N CLEARWATER FL 33762 (727) 299-0722 Store Manager
PEP BOYS #1447 29889 US 19 NORTH CLEARWATER FL 33761 (727) 785-2803 Store Manager
PEP BOYS #1806 1559B GULF TO BAY BLVD CLEARWATER FL 33755 (727) 443-1194 Store Manager
138058 MONRO INC TIRE CHOICE #1375 235 S BELCHER RD CLEARWATER FL 33765 (727) 799-4800 KYLE PETERSON kyle.peterson@monro.com
144043 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES 2165 GULF TO BAY BLVD CLEARWATER FL 33765-0000 (727) 431-3101 TIM MORAN tmoran@mavistire.com
146230 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #801 1798 NORTH HERCULES CLEARWATER FL 33765 (727) 466-4724 TIM MORAN tmoran@mavistire.com
GOODYEAR AUTO SERVICE #2452 4115 E BAY DR CLEARWATER FL 33764 (727) 536-9404 Store Manager
PEP BOYS #1054 950 HOOKS STREET CLERMONT FL 34711 (352) 243-2109 Store Manager
PEP BOYS #1417 1437 SUNRISE PLAZA DR CLERMONT FL 34714 (352) 536-1177 Store Manager
120070 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1230 1602 HAMMOCK RIDGE RD CLERMONT FL 34711 (352) 708-3435 TIM MORAN tmoran@mavistire.com
120071 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1231 591 E HIGHWAY 50 CLERMONT FL 34711 (352) 702-4532 TIM MORAN tmoran@mavistire.com
AKRON TIRE CO INC ROBBIE TIRE 121 SOUTH BOND ST CLEWISTON FL 33440 (863) 983-6197 astafford@tiresoles.com
MIKE GATTO INC 500 A N COCOA BLVD COCOA FL 32922 (321) 632-7500 sknockdown@aol.com
134449 MONRO INC TIRE CHOICE #1289 4589 W HILLSBORO BLVD COCONUT CREEK FL 33073 (954) 421-0444 KYLE PETERSON kyle.peterson@monro.com
GOODYEAR AUTO SERVICE #6651 3690 BIRD AVE CORAL GABLES FL 33133 (305) 446-8101 Store Manager
Authorized Dealers - State of Florida
Goodyear Tire & Rubber Company
Updated 7/1/2024
Page 1
NONSIG DEALER NAME DBA ADDRESS CITY STATE ZIP PHONE CONTACT NAME CONTACT EMAIL
PEP BOYS #292 2100 UNIVERSITY DR CORAL SPRINGS FL 33071 (954) 346-4041 Store Manager
134446 MONRO INC TIRE CHOICE #1291 4620 CORAL RIDGE DR CORAL SPRINGS FL 33076 (954) 255-8522 KYLE PETERSON kyle.peterson@monro.com
134448 MONRO INC TIRE CHOICE #1290 8090 WILES ROAD CORAL SPRINGS FL 33067 (954) 755-5584 KYLE PETERSON kyle.peterson@monro.com
HUB CITY TIRE COMPANY 615 N FERDON BLVD CRESTVIEW FL 32536 (850) 682-5121 crestviewtire1@gmail.com
PEP BOYS #1533 883 N FERDON BLVD CRESTVIEW FL 32536 (850) 689-1550 Store Manager
120087 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1247 8002 OSCEOLAPOLKLINERD DAVENPORT FL 33896 (863) 251-5051 TIM MORAN tmoran@mavistire.com
AKRON TIRE CO INC DAVIE TIRE OUTLET 5841 SW 45TH ST DAVIE FL 33314 (954) 321-6618 astafford@tiresoles.com
KOVAC AUTOMOTIVE OF DAVIE INC 2770 DAVIE RD DAVIE FL 33314-3494 (954) 792-7357 jpk3012@aol.com
PEP BOYS #182 2380 S UNIVERSITY DR DAVIE FL 33324 (954) 476-2401 Store Manager
134665 MONRO INC TIRE CHOICE #1308 1124 SW 101ST ROAD DAVIE FL 33324 (954) 577-2000 KYLE PETERSON kyle.peterson@monro.com
4 BOYS ENTERPRISES INC 424 S NOVA RD DAYTONA BEACH FL 32114 (386) 258-1051 04tires@gmail.com
MCGEE TRUCK TIRE CENTER 148 N. RIDGEWOOD AVENUE DAYTONA BEACH FL 32114 (386) 252-7661 Store Manager
PEP BOYS #163 2220 W. INTERNATIONAL SPEEDWAY DAYTONA BEACH FL 32114 (386) 255-6390 Store Manager
138245 MONRO INC MCGEE AUTO SVC & TIRES #1369 148 N RIDGEWOOD AVE DAYTONA BEACH FL 32114 (386) 252-7661 KYLE PETERSON kyle.peterson@monro.com
147062 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES 377 S FEDERAL HIGHWAY DEERFIELD BEACH FL 33441 (754) 233-3326 TIM MORAN tmoran@mavistire.com
TIRESOLES OF BROWARD INC 1865 S POWERLINE RD, SUITE C DEERFIELD BEACH FL 33442 (954) 354-1810 astafford@tiresoles.com
TIRESOLES OF BROWARD INC 1865 SOUTH POWERLINE RD DEERFIELD BEACH FL 33442 (954) 354-8489 astafford@tiresoles.com
178006 NATIONAL TIRE BROKERS 829 US HIGHWAY 90 W DEFUNIAK SPRINGS FL 32433 (850) 892-5191 JEFFERY CUMMINGS jeffntbc@gdsys.net
PEP BOYS #1433 2835 S. WOODLAND BLVD DELAND FL 32720 (386) 943-9299 Store Manager
PEP BOYS #1826 722 S WOODLAND BLVD DELAND FL 32720 (386) 337-3530 Store Manager
138054 MONRO INC TIRE CHOICE #1379 680 N SPRING GARDEN AVE DELAND FL 32720 (386) 740-8996 KYLE PETERSON kyle.peterson@monro.com
134447 MONRO INC TIRE CHOICE #1294 4715 WEST ATLANTIC AVE DELRAY BEACH FL 33445 (561) 638-5526 KYLE PETERSON kyle.peterson@monro.com
PEP BOYS #1531 35800 EMERALD COAST PKWY DESTIN FL 32541 (850) 650-1575 Store Manager
GOODYEAR AUTO SERVICE #2251 34721 EMERALD COAST PARKWAY DESTIN FL 32541 (850) 650-2338 Store Manager
DORAL TIRE AND SERVICE CORP 2010 NW 107 AVE DORAL FL 33172 (305) 592-8000 bertfernandez79@yahoo.com
138246 MONRO INC MCGEE AUTO SVC & TIRES #1367 28919 US HWY 27 DUNDEE FL 33838 (863) 439-8473 KYLE PETERSON kyle.peterson@monro.com
120480 ACTION TIRE SERVICE LLC ACTION TIRE SERVICE 130 KITTO LANE DUNDEE FL 33838 (863) 438-8444 VALERIE GRIFFIN store1@actiontireservices.com
146231 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES 1810 MAIN ST DUNEDIN FL 34698 (727) 748-4265 TIM MORAN tmoran@mavistire.com
20664 U S VENTURE INC 2832 ANVIL BLOCK ROAD ELLENWOOD GA 30294 (404) 762-4944 BRIAN DECKER bdecker@usautoforce.com
STERNS AUTO SVC & TIRE CTR INC 1590 S MCCALL RD ENGLEWOOD FL 34223 (941) 474-2905 bob@sbgtires.com
134032 MONRO INC TIRE CHOICE #1243 10451 CORKSCREW COMMONS DR ESTERO FL 33928 (239) 949-1214 KYLE PETERSON kyle.peterson@monro.com
146286 MONRO INC TIRE CHOICE #1594 20441 S TAMIAMI TRAIL ESTERO FL 33928 (239) 949-0777 KYLE PETERSON kyle.peterson@monro.com
146289 MONRO INC TIRE CHOICE #1592 20331 GRANDE OAKS BLVD ESTERO FL 33928 (239) 390-9188 KYLE PETERSON kyle.peterson@monro.com
PEP BOYS #1424 15469 US HIGHWAY 441 EUSTIS FL 32726 (352) 357-2637 Store Manager
PEP BOYS #6625 1807 EAST-WEST PARKWAY FLEMING ISLAND FL 32003 (904) 278-5252 Store Manager
GOODYEAR AUTO SERVICE #2444 1585-A ISLAND LANE FLEMING ISLAND FL 32003 (904) 215-3712 Store Manager
JOHN CROSBY ENTERPRISES 800 W ST RD 84 FORT LAUDERDALE FL 33315 (954) 523-3198 oktire2@bellsouth.net
PEP BOYS #387 2721 STIRLING RD FORT LAUDERDALE FL 33312 (954) 894-1888 Store Manager
147063 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES 3500 NORTH FEDERAL HIGHWAY FORT LAUDERDALE FL 33308 (754) 233-4068 TIM MORAN tmoran@mavistire.com
WAGNER TIRE INC 1740 E SUNRISE BLVD FORT LAUDERDALE FL 33304 (954) 463-7588 wagnertire@yahoo.com
MERCIER LLC 15135 MCGREGOR BLVD FORT MYERS FL 33908 (239) 437-0377 wmercier2@aol.com
PEP BOYS #204 4797 S CLEVELAND AVE FORT MYERS FL 33907 (239) 939-5447 Store Manager
134016 MONRO INC TIRE CHOICE #1262 8600 GLADIOLUS DRIVE FORT MYERS FL 33908 (239) 985-6992 KYLE PETERSON kyle.peterson@monro.com
134024 MONRO INC TIRE CHOICE #1254 9002 ROLFES ROAD FORT MYERS FL 33966 (239) 278-3228 KYLE PETERSON kyle.peterson@monro.com
134036 MONRO INC TIRE CHOICE #1247 13621 FIDDLESTICKS BLVD FORT MYERS FL 33912 (239) 561-5575 KYLE PETERSON kyle.peterson@monro.com
138656 MONRO INC MCGEE AUTO SVC & TIRES #1446 5960 COUNTY LAKES DR FORT MYERS FL 33905 (239) 362-3025 KYLE PETERSON kyle.peterson@monro.com
146277 MONRO INC TIRE CHOICE #1590 15530 S TAMIAMI TRAIL FORT MYERS FL 33908 (239) 948-2777 KYLE PETERSON kyle.peterson@monro.com
146283 MONRO INC TIRE CHOICE #1597 4230 COLONIAL BLVD FORT MYERS FL 33966 (239) 353-0007 KYLE PETERSON kyle.peterson@monro.com
146285 MONRO INC TIRE CHOICE #1595 4028 CLEVELAND AVENUE FORT MYERS FL 33901 (239) 936-4949 KYLE PETERSON kyle.peterson@monro.com
146288 MONRO INC TIRE CHOICE #1593 5785 BAYSHORE ROAD FORT MYERS FL 33917 (239) 567-2777 KYLE PETERSON kyle.peterson@monro.com
PEP BOYS #1827 2903 S US HWY 1 FORT PIERCE FL 34982 (772) 595-5230 Store Manager
TIRESOLES ELPEX/HICKMAN'S 6101 ORANGE AVE FORT PIERCE FL 34947 (772) 464-4211 astafford@tiresoles.com
PEP BOYS #1530 311 NE RACETRACK RD FORT WALTON BEACH FL 32547 (850) 863-1102 Store Manager
PEP BOYS #1532 15 W MIRACLE STRIP PKWY FORT WALTON BEACH FL 32548 (850) 243-7632 Store Manager
PEP BOYS #1534 705 NORTH BEAL ST FORT WALTON BEACH FL 32547 (850) 862-2164 Store Manager
PEP BOYS #311 601 SUNRISE BLVD FT LAUDERDALE FL 33304 (954) 779-1002 Store Manager
138721 ADVANCED TIRE LLC 912 N MAIN ST GAINESVILLE FL 32601 (352) 559-0708 JEFF GUINN jguinn@advancedtireservicefl.com
PEP BOYS #127 7725 W NEWBERRY RD GAINESVILLE FL 32606 (352) 332-6003 Store Manager
144041 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES 3545 W UNIVERSITY AVE GAINESVILLE FL 32607-0000 (352) 244-9842 TIM MORAN tmoran@mavistire.com
GOODYEAR AUTO SERVICE #2440 1211 N MAIN ST GAINESVILLE FL 32601 (352) 372-3537 Store Manager
GOODYEAR AUTO SERVICE #2586 407 NW 75TH ST GAINESVILLE FL 32607 (352) 332-5111 Store Manager
136159 MONRO INC TIRE CHOICE #1351 4690 LAKE WORTH RD GREENACRES FL 33463 (561) 967-9120 KYLE PETERSON kyle.peterson@monro.com
LEDDY ENTERPRISES INC 2983 GULF BREEZE PKWY/HWY 98 GULF BREEZE FL 32563 (850) 932-4250 randyleddy@bellsouth.net
PEP BOYS #1495 3113 GULF BREEZE PKWY GULF BREEZE FL 32563 (850) 932-6425 Store Manager
VANNOYS TIRES INC 3425 GULF BREEZE PKWY GULF BREEZE FL 32563 (850) 916-0912 jeff@vannoys.gccoxmail.com
Page 2
NONSIG DEALER NAME DBA ADDRESS CITY STATE ZIP PHONE CONTACT NAME CONTACT EMAIL
120112 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1757 35560 HIGHWAY 27 HAINES CITY FL 33844 (863) 422-1110 TIM MORAN tmoran@mavistire.com
GOODYEAR AUTO SERVICE #2472 100 MAXCY PLAZA CIRCLE HAINES CITY FL 33844 (863) 422-4965 Store Manager
FESTIVAL TIRES III INC 4696 PALM AVE HIALEAH FL 33012 (305) 512-9662 angel.mediavilla@yahoo.com
PEP BOYS #153 17050 NORTHWEST 57TH AVE HIALEAH FL 33015 (305) 557-4498 Store Manager
REPAIRS 4 LESS AND TIRES INC 20125 NW 67TH AVE HIALEAH FL 33015 (305) 623-0569 gianttiregoodyear@gmail.com
139267 WESTLAND AUTO CENTER LLC 4000 W 16TH AVE HIALEAH FL 33012 (305) 557-8888 vmorales@westlandautocenter.com
GOODYEAR AUTO SERVICE #6641 2670 W 68TH ST HIALEAH FL 33016 (305) 819-7433 Store Manager
TIRESOLES OF BROWARD INC MIAMI TIRESOLES 7800 N W 103RD ST HIALEAH FL 33016 (305) 821-2121 astafford@tiresoles.com
PEP BOYS #1828 11350 SE FEDERAL HWY HOBE SOUND FL 33455 (772) 546-2195 Store Manager
LEONE TIRE & AUTO 2424 US HWY 19 N HOLIDAY FL 34691 (727) 934-5470 Leonetire@gmail.com
PEP BOYS #1825 310 RIDGEWOOD AVE HOLLY HILL FL 32117 (386) 262-1664 Store Manager
FAMILY TIRE DIST INC 2817 PEMBROKE ROAD HOLLYWOOD FL 33020 (954) 922-8473 familytire@familytiredistributors.com
J & S TIRE AND AUTO INC 5911 PEMBROKE ROAD HOLLYWOOD FL 33023 (954) 989-2600 jatchiss@bellsouth.net
PEP BOYS #176 760 S STATE ROAD 7 HOLLYWOOD FL 33023 (954) 985-9440 Store Manager
GOODYEAR AUTO SERVICE #2544 2825 HOLLYWOOD BLVD HOLLYWOOD FL 33020 (954) 923-6521 Store Manager
GOODYEAR AUTO SERVICE #6647 497 S STATE ROAD 7 HOLLYWOOD FL 33023 (954) 987-0450 Store Manager
KM PEDERSEN ENTERPRISES INC 406 WASHINGTON AVE HOMESTEAD FL 33030 (305) 245-9533 kmped@aol.com
GOODYEAR AUTO SERVICE #6675 30100 S DIXIE HWY HOMESTEAD FL 33030 (305) 247-6966 Store Manager
122814 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #557 3775 S SUNCOAST BLVD HOMOSASSA FL 34446 TIM MORAN tmoran@mavistire.com
118134 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #531 12229 LITTLE ROAD HUDSON FL 34667 (727) 819-4668 TIM MORAN tmoran@mavistire.com
EXPRESS CARE LLC 16087 SW WARFIELD BLVD INDIANTOWN FL 34956 (772) 597-3741 expresscarellc@yahoo.com
TMT AUTO CLINIC INC 1117 SR 20 INTERLACHEN FL 32148 (386) 684-1901 tmttires@gmail.com
ARLINGTON TIRE & SVC CTR 5807 MERRILL RD JACKSONVILLE FL 32277 (904) 743-6294 PRESTONGOODYEAR@YAHOO.COM
GOODYEAR COMMERCIAL TIRE & SERVICE CENTER 450 LANE AVE N JACKSONVILLE FL 32254 (904) 783-2541 Store Manager
PEP BOYS #130 1105 DUNN AVE JACKSONVILLE FL 32218 (904) 696-0090 Store Manager
PEP BOYS #135 919 LANE AVE S JACKSONVILLE FL 32205 (904) 695-7770 Store Manager
PEP BOYS #1489 8397 BAYMEADOWS RD JACKSONVILLE FL 32256 (904) 448-5042 Store Manager
PEP BOYS #47 9605 SAN JOSE BLVD JACKSONVILLE FL 32257 (904) 260-9660 Store Manager
PEP BOYS #6621 9148 PHILIPS HIGHWAY JACKSONVILLE FL 32256 (904) 260-9600 Store Manager
PEP BOYS #6622 12620 SAN JOSE BLVD JACKSONVILLE FL 32223 (904) 268-2044 Store Manager
PEP BOYS #6623 3726 ST AUGUSTINE RD JACKSONVILLE FL 32207 (904) 398-6982 Store Manager
PEP BOYS #6624 5431 ROOSEVELT BLVD JACKSONVILLE FL 32210 (904) 387-9218 Store Manager
PEP BOYS #6627 13657-1 ATLANTIC BLVD JACKSONVILLE FL 32225 (904) 221-1100 Store Manager
PEP BOYS #6628 13131-1 WOLF BAY DRIVE JACKSONVILLE FL 32218 (904) 757-6600 Store Manager
PEP BOYS #6629 7762 BLANDING BLVD JACKSONVILLE FL 32244 (904) 337-1053 Store Manager
TUBELS SERVICE CENTER 3483 PHILLIPS HWY JACKSONVILLE FL 32207 (904) 398-4545 TUBELSCOMPLETEAUTOCARE@GMAIL.COM
905995 TUBELS SERVICE CENTER INC 11411 N MAIN ST JACKSONVILLE FL 32218 (904) 757-8100 TUBELSCOMPLETEAUTOCARE@GMAIL.COM
116957 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #386 1178 3RD ST S JACKSONVILLE FL 32250-6518 (904) 694-2600 TIM MORAN tmoran@mavistire.com
119446 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #377 910 DUNN AVE JACKSONVILLE FL 32218 (904) 515-4550 TIM MORAN tmoran@mavistire.com
143557 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES 7390 103RD ST JACKSONVILLE FL 32210 (904) 693-5183 TIM MORAN tmoran@mavistire.com
143558 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #824 5942 UNIVERSITY BLVD W JACKSONVILLE FL 32216 (904) 693-5178 TIM MORAN tmoran@mavistire.com
143559 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #825 10101 ATLANTIC BLVD JACKSONVILLE FL 32225 (904) 693-5173 TIM MORAN tmoran@mavistire.com
143560 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #826 14175 BEACH BLVD JACKSONVILLE FL 32250 (904) 693-5193 TIM MORAN tmoran@mavistire.com
143561 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #827 9950 SAN JOSE BLVD JACKSONVILLE FL 32257 (904) 693-5168 TIM MORAN tmoran@mavistire.com
143562 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #828 2660 RACE TRACK RD JACKSONVILLE FL 32259 (904) 693-5143 TIM MORAN tmoran@mavistire.com
143563 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #829 13958 VILLAGE LAKE CIRCLE JACKSONVILLE FL 32258 (904) 447-7515 TIM MORAN tmoran@mavistire.com
143564 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #830 9718 TOUCHTON RD JACKSONVILLE FL 32246 (904) 447-7516 TIM MORAN tmoran@mavistire.com
GOODYEAR AUTO SERVICE #2426 817 N CLAY ST JACKSONVILLE FL 32202 (904) 598-1001 Store Manager
GOODYEAR AUTO SERVICE #2433 675 SKYMARKS DR JACKSONVILLE FL 32218 (904) 714-9065 Store Manager
GOODYEAR AUTO SERVICE #2448 11800 SAN JOSE BLVD JACKSONVILLE FL 32223 (904) 262-0090 Store Manager
GOODYEAR AUTO SERVICE #2450 4593 SAN JUAN JACKSONVILLE FL 32210 (904) 389-3671 Store Manager
GOODYEAR AUTO SERVICE #2457 14150 BEACH BLVD JACKSONVILLE FL 32250 (904) 223-9399 Store Manager
GOODYEAR AUTO SERVICE #2458 40 GIRVIN RD JACKSONVILLE FL 32225 (904) 220-4929 Store Manager
GOODYEAR AUTO SERVICE #2460 9738 SAN JOSE BLVD JACKSONVILLE FL 32257 (904) 260-8720 Store Manager
GOODYEAR AUTO SERVICE #2461 131 GATEWAY CIRCLE JACKSONVILLE FL 32259 (904) 823-1800 Store Manager
GOODYEAR AUTO SERVICE #2587 9927 ATLANTIC BLVD JACKSONVILLE FL 32225 (904) 724-5111 Store Manager
GOODYEAR AUTO SERVICE #2593 1740 SOUTH 3RD ST JACKSONVILLE FL 32250 (904) 241-0555 Store Manager
TIRE HUB LLC #104 4101 BULLS BAY HIGHWAY JACKSONVILLE FL 32219 (904) 693-8576 chris.cameron@tirehub.com
TIRESOLES OF JACKSONVILLE 1475 PICKETTVILLE RD JACKSONVILLE FL 32220 (904) 378-0090 astafford@tiresoles.com
120130 U S VENTURE INC U S AUTOFORCE 5885 MINING TERRACE JACKSONVILLE FL 32257 (904) 260-8700 BRIAN DECKER bdecker@usautoforce.com
PEP BOYS #1642 1737 N. 3RD ST JACKSONVILLE BEACH FL 32250 (904) 246-0792 Store Manager
PEP BOYS #1824 1300 NORTH 3RD ST JACKSONVILLE BEACH FL 32250 (904) 758-8649 Store Manager
PEP BOYS #6626 304 3RD ST N JACKSONVILLE BEACH FL 32250 (904) 249-5711 Store Manager
SUWANNEE VALLEY TIRE INC 1225 NW US HWY 129 JASPER FL 32052 (386) 792-2420 ehendry@windstream.net
PEP BOYS #397 2064 W INDIANTOWN RD JUPITER FL 33458 (561) 748-9444 Store Manager
Page 3
NONSIG DEALER NAME DBA ADDRESS CITY STATE ZIP PHONE CONTACT NAME CONTACT EMAIL
GOODYEAR AUTO SERVICE #2527 1350 W INDIANTOWN RD JUPITER FL 33458 (561) 741-4379 Store Manager
PEP BOYS #1655 2708 W. OSCEOLA PARKWAY KISSIMMEE FL 34741 (407) 518-2098 Store Manager
PEP BOYS #310 302 W VINE ST KISSIMMEE FL 34741 (407) 933-0055 Store Manager
120085 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1245 4135 W VINE STREET KISSIMMEE FL 34741 (407) 543-1718 TIM MORAN tmoran@mavistire.com
GOODYEAR AUTO SERVICE #2421 1031 BUENAVENTURA BLVD KISSIMMEE FL 34743 (407) 344-8108 Store Manager
GOODYEAR AUTO SERVICE #2420 863 N HWY 27 LADY LAKE FL 32159 (352) 751-1119 Store Manager
116959 ADVANCED TIRE LLC 837 E DUVAL LAKE CITY FL 32055 (386) 406-6745 JEFF GUINN jguinn@advancedtireservicefl.com
120089 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1249 4416 LAKE MARY BLVD LAKE MARY FL 32746 (407) 871-3468 TIM MORAN tmoran@mavistire.com
SEMINOLE TIRE COMPANY OF LAKE 624 US 27 SOUTH LAKE PLACID FL 33852 (863) 465-5057 naomi@seminoletireinc.com
138050 MONRO INC TIRE CHOICE #1383 203 DOMARIS AVE LAKE WALES FL 33853 (863) 676-3423 KYLE PETERSON kyle.peterson@monro.com
PEP BOYS #194 4301 LAKE WORTH RD LAKE WORTH FL 33461 (561) 968-4688 Store Manager
134451 MONRO INC TIRE CHOICE #1296 4601 W HYPOLUXO RD LAKE WORTH FL 33463 (561) 964-0200 KYLE PETERSON kyle.peterson@monro.com
138012 MONRO INC TIRE CHOICE #1347 5865 STATE ROAD 7 LAKE WORTH FL 33449 (561) 868-4676 KYLE PETERSON kyle.peterson@monro.com
GOODYEAR AUTO SERVICE #6642 4358 S SR 7 LAKE WORTH FL 33467 (561) 304-7344 Store Manager
TIRESOLES OF BROWARD INC ELPEX 402 RINKER WAY LAKE WORTH FL 33461 (561) 588-2777 astafford@tiresoles.com
MCGEE TRUCK TIRE CENTER 3939 US HIGHWAY 98 SOUTH LAKELAND FL 33812 (863) 667-3347 Store Manager
PEP BOYS #118 4405 U S HWY 98 N LAKELAND FL 33809 (863) 853-3776 Store Manager
PEP BOYS #1619 6820 S. FLORIDA AVENUE LAKELAND FL 33813 (863) 644-3420 Store Manager
PEP BOYS #1818 5437 US HWY 98 N LAKELAND FL 33809 (863) 853-8692 Store Manager
PEP BOYS #8073 6800 E STATE RD 33 LAKELAND FL 33805 (800) 737-2697 Store Manager
136121 MONRO INC TIRE CHOICE #1354 3102 S FLORIDA AVE LAKELAND FL 33803 (863) 644-1027 KYLE PETERSON kyle.peterson@monro.com
138039 MONRO INC MCGEE TIRE 3939 US HWY 98S LAKELAND FL 33812 (585) 647-6400 KYLE PETERSON kyle.peterson@monro.com
138043 MONRO INC TIRE CHOICE #1390 5020 US HWY 98 N LAKELAND FL 33809 (863) 858-4477 KYLE PETERSON kyle.peterson@monro.com
138044 MONRO INC TIRE CHOICE #1389 4304 SOUTH FLORIDA AVE LAKELAND FL 33813 (863) 646-8518 KYLE PETERSON kyle.peterson@monro.com
138244 MONRO INC MCGEE AUTO SVC & TIRES #1368 3939 US HWY 98 S LAKELAND FL 33812 (863) 667-3347 KYLE PETERSON kyle.peterson@monro.com
138248 MONRO INC MCGEE RETREAD #1364 2636 LASSO LANE LAKELAND FL 33801 (863) 665-8473 KYLE PETERSON kyle.peterson@monro.com
120088 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1248 4516 FLORIDA AVE S LAKELAND FL 33813 (863) 777-4994 TIM MORAN tmoran@mavistire.com
144040 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES 5120 DAVE ROBBINS WAY LAKELAND FL 33812-5065 (863) 937-0700 TIM MORAN tmoran@mavistire.com
134017 MONRO INC TIRE CHOICE #1261 22267 COLLIER PKWY LAND O LAKES FL 34639 (813) 995-6272 KYLE PETERSON kyle.peterson@monro.com
120597 MAVIS TIRE EXPRESS SVCS CORP TUFFYTIRE&AUTO #1778 3530 LAND O LAKES BLVD LAND O LAKES FL 34639 (813) 996-2290 TIM MORAN tmoran@mavistire.com
PEP BOYS #1805 13015 SEMINOL BLVD STE 1 LARGO FL 33778 (727) 518-6476 Store Manager
134005 MONRO INC TIRE CHOICE #1273 13399 SEMINOLE BLVD LARGO FL 33778 (727) 683-0893 KYLE PETERSON kyle.peterson@monro.com
139516 MONRO INC TIRE CHOICE #1476 2110 S BELCHER RD LARGO FL 33771 (585) 647-6401 KYLE PETERSON kyle.peterson@monro.com
144045 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES N 1190 MISSOURI AVE LARGO FL 33770 (727) 218-1050 TIM MORAN tmoran@mavistire.com
GOODYEAR COMMERCIAL TIRE & SERVICE CENTER 901 NW 31ST AVE LAUDERHILL FL 33311 (954) 583-9499 Store Manager
119691 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #741 1183 N LECANTO HWY LECANTO FL 34461 (352) 474-5559 TIM MORAN tmoran@mavistire.com
PEP BOYS #1419 1314 W MAIN ST LEESBURG FL 34748 (352) 787-2144 Store Manager
PEP BOYS #1437 10209 HIGHWAY 441 LEESBURG FL 34788 (352) 314-6913 Store Manager
PEP BOYS #1821 9816 US HIGHWAY 441 LEESBURG FL 34788 (352) 504-3671 Store Manager
146282 MONRO INC TIRE CHOICE #1598 3502 LEE BLVD LEHIGH ACRES FL 33971 (239) 533-0064 KYLE PETERSON kyle.peterson@monro.com
146722 MONRO INC TIRE CHOICE #1522 3310 LEE BLVD LEHIGH ACRES FL 33971 (239) 690-6441 KYLE PETERSON kyle.peterson@monro.com
134025 MONRO INC TIRE CHOICE #1253 16505 FISH HAWK BLVD LITHIA FL 33547 (813) 689-5454 KYLE PETERSON kyle.peterson@monro.com
PEP BOYS #1435 100 S. HIGHWAY 17-92 LONGWOOD FL 32750 (407) 339-4611 Store Manager
PEP BOYS #1687 22545 CATFISH LAKE ROAD LUTZ FL 33549 (813) 909-7175 Store Manager
134014 MONRO INC TIRE CHOICE #1264 18951 STATE ROAD 54 LUTZ FL 33558 (813) 751-0294 KYLE PETERSON kyle.peterson@monro.com
134660 MONRO INC THE TIRE CHOICE #1312 2189 N STATE ROAD 7 MARGATE FL 33063 (954) 366-1306 KYLE PETERSON kyle.peterson@monro.com
MIKE GATTO INC 2965 BUSH DR MELBOURNE FL 32935 (321) 421-6600 sknockdown@aol.com
MIKE GATTO INC 15 W HIBISCUS BLVD MELBOURNE FL 32901 (321) 727-3322 sknockdown@aol.com
134786 MONRO INC TIRE CHOICE #1302 453 N HARBOUR BLVD MELBOURNE FL 32935 (321) 751-3722 KYLE PETERSON kyle.peterson@monro.com
120106 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1751 7195 DOLINA COURT MELBOURNE FL 32940 (321) 259-8494 TIM MORAN tmoran@mavistire.com
MIKE GATTO INC 855 N COURTENAY PKWY MERRIT ISLAND FL 32953 (321) 452-4747 sknockdown@aol.com
PEP BOYS #1611 1090 N COURTENAY PKWY MERRITT ISLAND FL 32953 (321) 453-9583 Store Manager
135062 ADVENTURE TIRES 3 LLC 7930 NW 36TH STREET MIAMI FL 33166 (954) 385-8696 gerencia.corpotyre@gmail.com
AUTOMOTIVE CARE OF DORAL 6485 NW 87TH AVE MIAMI FL 33178 (305) 477-1397 automotivecareofdoral@gmail.com
GOODYEAR COMMERCIAL TIRE & SERVICE CENTER 3045 NW 119TH ST MIAMI FL 33167 (305) 687-3400 Store Manager
PAULS TIRE INC 7601 NW 66TH ST MIAMI FL 33166 (305) 592-0509 ianseaman@yahoo.com
PEP BOYS #133 10200 BROAD CHANNEL RD MIAMI FL 33157 (305) 252-7311 Store Manager
PEP BOYS #157 2301 S W 8TH ST MIAMI FL 33135 (305) 541-7200 Store Manager
PEP BOYS #167 211 NW 82ND AVE MIAMI FL 33126 (305) 264-6355 Store Manager
PEP BOYS #173 295 NE 167TH ST MIAMI FL 33162 (305) 655-3000 Store Manager
PEP BOYS #369 10660 S W 40TH ST MIAMI FL 33165 (305) 220-8877 Store Manager
TECH & TIRES CORP 8761 SW 40TH STREET MIAMI FL 33165 (305) 229-1820 techtires@live.com
134661 MONRO INC TIRE CHOICE #1311 13150 SW 87TH AVENUE MIAMI FL 33176 (786) 842-3540 KYLE PETERSON kyle.peterson@monro.com
134662 MONRO INC TIRE CHOICE #1306 13790 SW 56TH STREET MIAMI FL 33175 (305) 382-3400 KYLE PETERSON kyle.peterson@monro.com
138700 MONRO INC TIRE CHOICE #1447 8291 BISCAYNE BLVD MIAMI FL 33138 (585) 647-6400 KYLE PETERSON kyle.peterson@monro.com
Page 4
NONSIG DEALER NAME DBA ADDRESS CITY STATE ZIP PHONE CONTACT NAME CONTACT EMAIL
123573 BLACKWELL MIAMI INC BLACKWELL MIAMI 8250 N MIAMI AVE MIAMI FL 33150 (305) 603-9025 COOPER ALTIER admin@blackwellmiami.com
BALADO NATIONAL TIRES INC 1633 NW 27TH AVE MIAMI FL 33125 (305) 635-9001 orlando@balado.com
906624 GOODYEAR AUTO SERVICE #6624 11530 SW 147TH AVE MIAMI FL 33173 (305) 385-9753 gsr6624@goodyear.com
GOODYEAR AUTO SERVICE #6644 9001 S DIXIE HWY MIAMI FL 33156 (305) 667-7575 Store Manager
TIRE HUB LLC #152 14350 NW 56TH CT UNIT 120 MIAMI FL 33054 (305) 681-4129 chris.cameron@tirehub.com
134664 MONRO INC TIRE CHOICE #1305 1850 ALTON ROAD MIAMI BEACH FL 33139 (305) 532-4807 KYLE PETERSON kyle.peterson@monro.com
PEP BOYS #1631 1716 BLANDING BLVD.MIDDLEBURG FL 32068 (904) 406-4758 Store Manager
143553 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #820 2600 BLANDING BLVD MIDDLEBURG FL 32068 (904) 693-5198 TIM MORAN tmoran@mavistire.com
162208 U S VENTURE INC 695 COMMERCE BLVD MIDWAY FL 32343 (850) 224-8473 BRIAN DECKER bdecker@usautoforce.com
PEP BOYS #1539 6611 CAROLINE ST MILTON FL 32570 (850) 623-4377 Store Manager
EAGLE TIRE&SERVICE CENTER LLC 6425 HWY 90 W MILTON FL 32570 (850) 623-2236 jimmy@eagletiremilton.com
GOODYEAR AUTO SERVICE #6661 2101 S HIATUS RD MIRAMAR FL 33025 (954) 450-4984 Store Manager
GOODYEAR AUTO SERVICE #2248 12340 EMERALD COAST PARKWAY W MIRAMAR BEACH FL 32550 (850) 269-2522 Store Manager
GOODYEAR COMMERCIAL TIRE & SVC CTR #104 1295 WEST I65 SERVICE RD N MOBILE AL 36618 (251) 471-2714 mdaniels@goodyear.com
120110 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1755 16750 US HWY 441 MT. DORA FL 32757 (352) 383-4994 TIM MORAN tmoran@mavistire.com
138045 MONRO INC TIRE CHOICE #1388 6867 N CHURCH AVE MULBERRY FL 33860 (863) 644-7700 KYLE PETERSON kyle.peterson@monro.com
120113 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1758 6597 N CHURCH ST MULBERRY FL 33860 (863) 425-5400 TIM MORAN tmoran@mavistire.com
COLLIER AUTOMOTIVE GROUP 6220 COLLIER BLVD NAPLES FL 34114 (239) 793-7117 Hawkcapital@aol.com
134022 MONRO INC TIRE CHOICE #1256 13020 LINVINGTON ROAD NAPLES FL 34105 (239) 659-0700 KYLE PETERSON kyle.peterson@monro.com
134026 MONRO INC TIRE CHOICE #1252 2800 IMMOKALEE ROAD NAPLES FL 34110 (239) 594-0320 KYLE PETERSON kyle.peterson@monro.com
139304 MONRO INC TIRE CHOICE #1472 806 111TH AVENUE NORTH NAPLES FL 34108 (585) 647-6400 KYLE PETERSON kyle.peterson@monro.com
146276 MONRO INC TIRE CHOICE #1588 4020 GREEN BLVD NAPLES FL 34116 (239) 352-0001 KYLE PETERSON kyle.peterson@monro.com
146280 MONRO INC TIRE CHOICE #1586 996 CENTRAL AVENUE NAPLES FL 34102 (239) 263-8483 KYLE PETERSON kyle.peterson@monro.com
146281 MONRO INC TIRE CHOICE #1587 4740 RADIO ROAD NAPLES FL 34104 (239) 643-2230 KYLE PETERSON kyle.peterson@monro.com
146290 MONRO INC TIRE CHOICE #1591 6505 DUDLEY DRIVE NAPLES FL 34105 (239) 430-2777 KYLE PETERSON kyle.peterson@monro.com
120107 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1752 7445 VANDERBILT BEACH RD NAPLES FL 34119 (239) 304-2072 TIM MORAN tmoran@mavistire.com
COLLIER TIRES & REPAIRS INC 3906 EXCHANGE AVE NAPLES FL 34104 (239) 643-7676 rkoert@yahoo.com
GOODYEAR AUTO SERVICE #6652 14275 COLLIER BLVD NAPLES FL 34119 (239) 348-3537 Store Manager
GOODYEAR AUTO SERVICE #2250 8460 NAVARRE PKWY NAVARRE FL 32566 (850) 936-1200 Store Manager
CRYSTAL BEACH TIRE & AUTO INC 5038 US HWY 19 NEW PORT RICHEY FL 34652-3942 (727) 849-7516 GTC1945@tampabay.RR.com
134012 MONRO INC TIRE CHOICE #1266 4710 ROWAN ROAD NEW PORT RICHEY FL 34653 (727) 376-5493 KYLE PETERSON kyle.peterson@monro.com
145694 MONRO INC TIRE CHOICE #1521 10627 STATE ROAD 54 NEW PORT RICHEY FL 34655 (585) 647-6400 KYLE PETERSON kyle.peterson@monro.com
144037 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #806 5444 LITTLE RD NEW PORT RICHEY FL 34655-1199 (727) 753-0017 TIM MORAN tmoran@mavistire.com
138040 MONRO INC TIRE CHOICE #1393 1445 S DIXIE FWY NEW SMYRNA BEACH FL 32168 (386) 428-5784 KYLE PETERSON kyle.peterson@monro.com
120105 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1750 14145 W NEW BERRY RD STE 101 NEWBERRY FL 32669 (352) 332-0500 TIM MORAN tmoran@mavistire.com
PEP BOYS #1535 796 JOHN SIMS PKWY NICEVILLE FL 32578 (850) 678-0887 Store Manager
GOODYEAR AUTO SERVICE #2249 1056 JOHN SIMS PKWY NICEVILLE FL 32578 (850) 678-2522 Store Manager
GOODYEAR AUTO SERVICE #2556 12850 WEST DIXIE HWY NORTH MIAMI FL 33161 (305) 891-4648 Store Manager
GOODYEAR AUTO SERVICE #6654 532 N LAKE BLVD NORTH PALM BEACH FL 33408 (561) 848-2544 Store Manager
HEARTLAND TIRE INC BUCK'S MASTER CAR CARE 12145 TAMIAMI TRL NORTH PORT FL 34287 (941) 426-3242 bmitchell@heartlandtireservice.com
134019 MONRO INC TIRE CHOICE #1259 4480 AIDAN LANE NORTH PORT FL 34287 (941) 426-1019 KYLE PETERSON kyle.peterson@monro.com
120503 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1773 14970 TAMIAMI TRAIL NORTH PORT FL 34287 (941) 423-3211 TIM MORAN tmoran@mavistire.com
134007 MONRO INC TIRE CHOICE #1271 1210 E COMMERCIAL BLVD OAKLAND PARK FL 33334 (954) 332-3064 KYLE PETERSON kyle.peterson@monro.com
GOODYEAR COMMERCIAL TIRE & SERVICE CENTER 1120 SW 12TH ST OCALA FL 34471 (352) 351-3360 Store Manager
PARKER'S TIRE & AUTO SERVICE 3000 N PINE AVE OCALA FL 34475 (352) 320-0786 kevin@parkerstire.com
PEP BOYS #1659 2170 NE 49TH COURT RD.OCALA FL 34470 (352) 624-8654 Store Manager
PEP BOYS #1819 2425 NE SILVER SPRNGS BLVD OCALA FL 34470 (352) 368-3697 Store Manager
PEP BOYS #598 2035 SW COLLEGE RD OCALA FL 34471 (352) 369-0303 Store Manager
146677 MONRO INC TIRE CHOICE #1599 4710 SW COLLEGE ROAD OCALA FL 34474 (352) 414-5589 KYLE PETERSON kyle.peterson@monro.com
131839 ADVANCED TIRE LLC 2418 E SILVER SPRINGS BLVD OCALA FL 34470 (352) 236-8825 JEFF GUINN jguinn@advancedtireservicefl.com
139447 ADVANCED TIRE LLC 2199 NW 10TH ST OCALA FL 34475 (352) 236-8825 JEFF GUINN jguinn@advancedtireservicefl.com
PEP BOYS #1613 8805 WEST COLONIAL DR OCOEE FL 34761 (407) 293-8634 Store Manager
PEP BOYS #1811 11460 W COLONIAL DRIVE OCOEE FL 34761 (407) 654-9847 Store Manager
120074 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1234 11203 W COLONIAL DRIVE OCOEE FL 34761 (407) 439-2815 TIM MORAN tmoran@mavistire.com
GOODYEAR AUTO SERVICE #2424 16006 STATE RD 54 ODESSA FL 33556 (813) 926-8485 Store Manager
TOTAL ROADSIDE SERVICES LLC 3176 HIGHWAY 710 EAST OKEECHOBEE FL 34974 (863) 634-6839 totalroadsideservice@hotmail.com
LEONE TIRE & AUTO 3826 TAMPA RD OLDSMAR FL 34677 (813) 818-7669 Leonetire@gmail.com
146228 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES 650 DOUGLAS RD E OLDSMAR FL 34677 (813) 815-6171 TIM MORAN tmoran@mavistire.com
PEP BOYS #113 204 BLANDING BLVD ORANGE PARK FL 32073 (904) 276-7680 Store Manager
143555 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #821 706 PARK AVE ORANGE PARK FL 32073 (904) 693-5188 TIM MORAN tmoran@mavistire.com
143556 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #822 346 BLANDING BLVD ORANGE PARK FL 32073 (904) 693-5163 TIM MORAN tmoran@mavistire.com
GOODYEAR AUTO SERVICE #2443 1615 WELLS ROAD ORANGE PARK FL 32073 (904) 269-9700 Store Manager
3D TIRE COMPANY 538 W KENNEDY BLVD ORLANDO FL 32810 (407) 875-3399 3dtire@gmail.com
GOODYEAR COMMERCIAL TIRE & SERVICE CENTER 971 TAFT VINELAND RD ORLANDO FL 32824 (407) 855-1182 Store Manager
PEP BOYS #125 7750 S ORANGE BLOSSOM TRL ORLANDO FL 32809 (407) 851-2626 Store Manager
Page 5
NONSIG DEALER NAME DBA ADDRESS CITY STATE ZIP PHONE CONTACT NAME CONTACT EMAIL
PEP BOYS #126 601 POWERS DR ORLANDO FL 32818 (407) 295-5553 Store Manager
PEP BOYS #1496 4400 S. SEMORAN BLVD ORLANDO FL 32822 (407) 381-8537 Store Manager
PEP BOYS #1520 5546 LB MCLEOD RD ORLANDO FL 32811 (407) 295-2658 Store Manager
PEP BOYS #1522 420 WOODLAND LAKE DR ORLANDO FL 32828 (407) 207-1750 Store Manager
PEP BOYS #1694 351 AVALON PARK S BLVD ORLANDO FL 32828 (407) 207-4588 Store Manager
PEP BOYS #1812 3327 W COLONIAL DRIVE ORLANDO FL 32808 (407) 521-8111 Store Manager
PEP BOYS #6588 4400 S SEMORAN BLVD ORLANDO FL 32822 (407) 776-0738 Store Manager
116893 MONRO INC TIRE CHOICE #1673 7412 HOFFNER AVENUE ORLANDO FL 32822 (407) 434-0768 KYLE PETERSON kyle.peterson@monro.com
143448 MONRO INC TIRE CHOICE #1505 255 E TOWN CENTER BLVD ORLANDO FL 32824 (585) 647-6400 KYLE PETERSON kyle.peterson@monro.com
146723 MONRO INC TIRE CHOICE #1524 333 W AVALON PARK BLVD ORLANDO FL 32828 (407) 318-2944 KYLE PETERSON kyle.peterson@monro.com
146724 MONRO INC TIRE CHOICE #1574 11861 CURRY FORD ROAD ORLANDO FL 32822 (407) 955-4564 KYLE PETERSON kyle.peterson@monro.com
147128 MONRO INC MCGEE COMMERCIAL TIRE #1654 1006 JETSTREAM DR ORLANDO FL 32824 (407) 888-4994 KYLE PETERSON kyle.peterson@monro.com
120075 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1235 1717 LEE ROAD ORLANDO FL 32810 (407) 641-4202 TIM MORAN tmoran@mavistire.com
120076 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1236 4698 S ORANGE AVENUE ORLANDO FL 32806 (407) 269-8762 TIM MORAN tmoran@mavistire.com
120077 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1237 11231 S ORANGE BLOSSOM ORLANDO FL 32837 (407) 915-3756 TIM MORAN tmoran@mavistire.com
120078 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1238 300 S ALAFAYA TRAIL ORLANDO FL 32828 (407) 966-2305 TIM MORAN tmoran@mavistire.com
120079 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1239 1000 CAR CARE DRIVE ORLANDO FL 32836 (407) 824-0976 TIM MORAN tmoran@mavistire.com
120080 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1240 14373 NARCOOSSEE ROAD ORLANDO FL 32832 (407) 707-8637 TIM MORAN tmoran@mavistire.com
120081 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE 11571 DARYL CARTER PKWY ORLANDO FL 32821 (321) 300-7553 TIM MORAN tmoran@mavistire.com
120095 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1255 14369 NARCOOSSEE RD ORLANDO FL 32832 (407) 985-2156 TIM MORAN tmoran@mavistire.com
120096 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1256 4111 NJOHN YOUNG PARKWAY ORLANDO FL 32804 (407) 295-3535 TIM MORAN tmoran@mavistire.com
120097 MAVIS TIRE EXPRESS SVCS CORP WELDON TIRE #778 333 THORPE ROAD ORLANDO FL 32824 (407) 816-8143 TIM MORAN tmoran@mavistire.com
122043 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1787 5645 METROWEST BLVD ORLANDO FL 32811 (407) 352-7824 TIM MORAN tmoran@mavistire.com
122502 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1798 7444 NARCOOSSEE RD ORLANDO FL 32822 (321) 235-6052 TIM MORAN tmoran@mavistire.com
GOODYEAR AUTO SERVICE #2435 447 S GOLDENROD RD ORLANDO FL 32822 (407) 249-0037 Store Manager
GOODYEAR AUTO SERVICE #2437 8265 S JOHN YOUNG PARKWAY ORLANDO FL 32819 (407) 354-4422 Store Manager
GOODYEAR AUTO SERVICE #2456 601 N BUMBY AVE ORLANDO FL 32803 (407) 894-0511 Store Manager
TIRE HUB LLC #107 450 GILLS DRIVE STE 100 ORLANDO FL 32824 (407) 277-9052 chris.cameron@tirehub.com
PEP BOYS #1436 234 W. GRANADA BLVD ORMOND BEACH FL 32174 (386) 677-5037 Store Manager
PEP BOYS #1061 2994 ALAFAYA TRAIL OVIEDO FL 32765 (407) 326-5000 Store Manager
PEP BOYS #1516 907 SOUTH LAKE JESSUP AVE OVIEDO FL 32765 (407) 366-0202 Store Manager
146725 MONRO INC TIRE CHOICE #1571 318 W MITCHELL HAMMOCK ROAD OVIEDO FL 32765 (321) 222-3856 KYLE PETERSON kyle.peterson@monro.com
120090 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1250 1330 ALAFAYA TRAIL OVIEDO FL 32765 (407) 502-4721 TIM MORAN tmoran@mavistire.com
122504 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1802 385 W MITCHELL HAMMOCK RD OVIEDO FL 32765 (407) 977-7595 TIM MORAN tmoran@mavistire.com
120093 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1253 4243 E COUNTY ROAD 466 OXFORD FL 34484 (352) 571-2256 TIM MORAN tmoran@mavistire.com
PEP BOYS #1541 4128 HWY. 90 PACE FL 32571 (850) 994-0777 Store Manager
ST JOHN SUPER SERVICE CENTER 608 REID ST PALATKA FL 32177 (386) 328-9231 stjohnsservice@cs.com
MIKE GATTO INC 1103 MALABAR RD PALM BAY FL 32907 (321) 953-6008 sknockdown@aol.com
PEP BOYS #1610 2035 PALM BAY ROAD NE PALM BAY FL 32905 (321) 723-0280 Store Manager
PEP BOYS #285 3169 NORTHLAKE BLVD PALM BEACH GARDENS FL 33403 (561) 881-8744 Store Manager
136206 CERTIFIED TIRE & SERVICE LLC 995 SW MARTIN DOWNS BLVD PALM CITY FL 34990 (772) 324-9145 goodyearpalmcity@yahoo.com
A K TIRES LLC 5814 E HWY 100 PALM COAST FL 32164 (386) 437-0888 shawn@aktires.com
120108 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1753 1430 PALM COAST PKWYNW PALM COAST FL 32137 (386) 597-4788 TIM MORAN tmoran@mavistire.com
PEP BOYS #1804 35061 US HWY 19 NORTH PALM HARBOR FL 34684 (727) 771-6216 Store Manager
134011 MONRO INC TIRE CHOICE #1267 30780 US 19 N PALM HARBOR FL 34684 (727) 437-4700 KYLE PETERSON kyle.peterson@monro.com
146229 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #800 601 ALT 19 NORTH PALM HARBOR FL 34683 (727) 491-8489 TIM MORAN tmoran@mavistire.com
902431 GOODYEAR AUTO SERVICE #2431 2910 PALM HARBOR BLVD PALM HARBOR FL 34683 (727) 787-1007 gsr2431@goodyear.com
ALFORD & ALFORD PDL LLC 180 NORTH TYNDALL PARKWAY PANAMA CITY FL 32404 (850) 763-7339 alfordtirecenter@gmail.com
PEP BOYS #122 821 W 23RD ST PANAMA CITY FL 32405 (850) 872-8884 Store Manager
PEP BOYS #1528 712 W 23RD ST PANAMA CITY FL 32405 (850) 763-7936 Store Manager
GOODYEAR AUTO SERVICE #2227 1001 W 15TH ST PANAMA CITY FL 32401 (850) 763-4651 Store Manager
PEP BOYS #1529 8113 FRONT BEACH RD PANAMA CITY BEACH FL 32407 (850) 236-7585 Store Manager
122088 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #2017 8268 US 301 N PARRISH FL 34219 (941) 532-1002 TIM MORAN tmoran@mavistire.com
FAMILY TIRE DIST INC 12606 PINES BLVD PEMBROKE PINES FL 33027 (954) 435-0703 familytire@familytiredistributors.com
906623 GOODYEAR AUTO SERVICE #6623 300 NW 172ND AVE PEMBROKE PINES FL 33029 (954) 436-3661 gsr6623@goodyear.com
GOODYEAR AUTO SERVICE #6663 8301 PINES BLVD PEMBROKE PINES FL 33024 (954) 435-1383 Store Manager
ACD HOLDINGS INC 470 E NINE MILE RD PENSACOLA FL 32514 (850) 477-5044 coltssafety42@yahoo.com
PEP BOYS #142 4700 MOBILE HWY PENSACOLA FL 32506 (850) 457-1907 Store Manager
PEP BOYS #1536 317 E NINE MILE RD PENSACOLA FL 32514 (850) 476-6530 Store Manager
PEP BOYS #1537 549 NEW WARRINGTON RD PENSACOLA FL 32506 (850) 455-1305 Store Manager
PEP BOYS #1538 300 E CERVANTES ST PENSACOLA FL 32501 (850) 433-5471 Store Manager
PEP BOYS #1542 1560 W FAIRFIELD DR PENSACOLA FL 32501 (850) 432-7791 Store Manager
PEP BOYS #1545 6389 NORTH 9TH AVE PENSACOLA FL 32504 (850) 477-0330 Store Manager
PEP BOYS #82 6340 N DAVIS HWY PENSACOLA FL 32504 (850) 484-0605 Store Manager
VANNOYS TIRES INC 2252 W MICHIGAN AVE PENSACOLA FL 32526-2379 (850) 477-0209 jeff@vannoys.gccoxmail.com
Page 6
NONSIG DEALER NAME DBA ADDRESS CITY STATE ZIP PHONE CONTACT NAME CONTACT EMAIL
VANNOYS TIRES INC 126 E NINE MILE RD PENSACOLA FL 32534 (850) 476-2507 jeff@vannoys.gccoxmail.com
VANNOYS TIRES INC 6113 N NINTH AVE PENSACOLA FL 32504 (850) 477-0209 jeff@vannoys.gccoxmail.com
VANNOYS TIRES INC 1249 N NEW WARRINGTON RD PENSACOLA FL 32506 (850) 455-5492 jeff@vannoys.gccoxmail.com
VANNOYS TIRES LLC 3199 W NINE MILE RD PENSACOLA FL 32534 (850) 435-4555 jeff@vannoys.gccoxmail.com
CRIBBS & SONS INC 1005 S JEFFERSON STREET PERRY FL 32348 (850) 584-3883 revroper@hotmail.com
PEP BOYS #1649 6492 PARK BLVD.PINELLAS PARK FL 33781 (727) 541-6154 Store Manager
PEP BOYS #1807 6790 US HWY 19 N PINELLAS PARK FL 33781 (727) 522-5188 Store Manager
138239 MONRO INC TIRE CHOICE #1374 7511 49TH STREET N PINELLAS PARK FL 33781 (727) 548-0779 KYLE PETERSON kyle.peterson@monro.com
138042 MONRO INC TIRE CHOICE #1391 2102 JAMES L REDMAN PKWY PLANT CITY FL 33563 (813) 754-8473 KYLE PETERSON kyle.peterson@monro.com
144042 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES 2103 JAMES L REDMAN PARKWAY PLANT CITY FL 33563-0000 (813) 756-2483 TIM MORAN tmoran@mavistire.com
PEP BOYS #376 12251 W SUNRISE BLVD PLANTATION FL 33323 (954) 916-9100 Store Manager
147064 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES 1401 S UNIVERSITY DR PLANTATION FL 33324 (754) 231-4806 TIM MORAN tmoran@mavistire.com
ONIK & ARMEN INC 440 E COPENS RD POMPANO BEACH FL 33064 (954) 785-5493 gianttireauto@yahoo.com
PEP BOYS #165 240 COPANS RD POMPANO BEACH FL 33064 (954) 784-7676 Store Manager
TIRE HUB LLC #105 2939 NW 27TH AVE BLDG 2901 POMPANO BEACH FL 33069 (954) 977-8141 chris.cameron@tirehub.com
116892 MONRO INC TIRE CHOICE #1672 19100 VETERANS BLVD PORT CHARLOTTE FL 33948 (941) 315-5091 KYLE PETERSON kyle.peterson@monro.com
120936 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO#1786 2572 TAMIAMI TRAIL PORT CHARLOTTE FL 33952 (941) 764-9815 TIM MORAN tmoran@mavistire.com
J A TIRE & SERVICE INC 5120 S CLYDE MORRIS BLVD PORT ORANGE FL 32127 (386) 761-0010 goodyearportorange@yahoo.com
122097 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE&AUTO#1795 4831 CLYDE MORRIS BLVD PORT ORANGE FL 32129 (386) 756-8889 TIM MORAN tmoran@mavistire.com
TOTAL TIRE & SERVICE 5120 S CLYDE MORRIS BLVD PORT ORANGE FL 32127 (386) 761-0010 goodyearportorange@yahoo.com
PEP BOYS #1822 9208 US HWY 19 N PORT RICHEY FL 34668 (727) 619-4854 Store Manager
GEORGE'S WHSLE TIRE PASCO INC 8230 US HIGHWAY 19 PORT RICHEY FL 34668 (727) 817-0905 shawnam@gwtires.com
BAYSHORE TIRE&AUTO SVC CTR LLC 1820 SW BAYSHORE BLVD PORT SAINT LUCIE FL 34984 (772) 871-1111 ronnyhanna@yahoo.com
134015 MONRO INC TIRE CHOICE #1263 250 NW CASHMERE BLVD PORT SAINT LUCIE FL 34986 (772) 408-1950 KYLE PETERSON kyle.peterson@monro.com
134020 MONRO INC TIRE CHOICE #1258 2010 SW BAYSHORE BLVD PORT SAINT LUCIE FL 34984 (772) 408-1251 KYLE PETERSON kyle.peterson@monro.com
GOODYEAR AUTO SERVICE #2521 10475 SO FEDERAL HWY PORT SAINT LUCIE FL 34952 (772) 398-9052 Store Manager
GOODYEAR AUTO SERVICE #6673 3225 S TAMIAMI TRAIL PUNTA GORDA FL 33950 (941) 639-1186 Store Manager
PEP BOYS #1632 10119 MCMULLEN ROAD RIVERVIEW FL 33569 (813) 677-0950 Store Manager
134006 MONRO INC TIRE CHOICE #1272 10742 BIG BEND ROAD RIVERVIEW FL 33579 (813) 549-1813 KYLE PETERSON kyle.peterson@monro.com
138006 MONRO INC TIRE CHOICE #1394 7015 US HIGHWAY 301 S RIVERVIEW FL 33578 (585) 647-6400 KYLE PETERSON kyle.peterson@monro.com
122505 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1804 10209 BIG BEND ROAD RIVERVIEW FL 33578 (813) 672-2030 TIM MORAN tmoran@mavistire.com
144044 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #813 13110 US HIGHWAY 301 RIVERVIEW FL 33578 (813) 533-5096 TIM MORAN tmoran@mavistire.com
GOODYEAR AUTO SERVICE #2438 13360 SOUTH US HWY 301 RIVERVIEW FL 33578 (813) 677-1794 Store Manager
134666 MONRO INC TIRE CHOICE #1309 1213-1 STATE ROAD 7 ROYAL PALM BEACH FL 33411 (561) 784-7811 KYLE PETERSON kyle.peterson@monro.com
GOODYEAR AUTO SERVICE #6668 11451 SOUTHERN BLVD ROYAL PALM BEACH FL 33411 (561) 793-1115 Store Manager
RAYS TIRE & SERVICE CENTER INC 2330 DOBBS RD SAINT AUGUSTINE FL 32086 (904) 810-5889 raystire@aol.com
GOODYEAR AUTO SERVICE #2449 512 W GEOFFREY ST SAINT AUGUSTINE FL 32086 (904) 825-1229 Store Manager
RAYS TIRE & SERVICE CENTER INC 1375 US HWY 1 SOUTH SAINT AUGUSTINE FL 32084 (904) 829-6418 info@Raystire.net
PEP BOYS #1519 4561 13TH STREET SAINT CLOUD FL 34769 (407) 891-3661 Store Manager
120086 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1246 4550 13TH STREET SAINT CLOUD FL 34769 (407) 809-3105 TIM MORAN tmoran@mavistire.com
BOB LEES INC 1631 4TH ST N SAINT PETERSBURG FL 33704-4399 (727) 822-3981 tmurrian@gmail.com
138011 MONRO INC TIRE CHOICE #1363 445 99TH AVE N SAINT PETERSBURG FL 33702 (727) 217-0020 KYLE PETERSON kyle.peterson@monro.com
138241 MONRO INC TIRE CHOICE #1371 456 DR MLK ST N SAINT PETERSBURG FL 33705 (727) 898-8818 KYLE PETERSON kyle.peterson@monro.com
122815 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES&BRAKES #2014 4900 34TH ST S SAINT PETERSBURG FL 33711 TIM MORAN tmoran@mavistire.com
144034 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #803 2701 TYRONE BLVD N SAINT PETERSBURG FL 33710-3037 (727) 347-7223 TIM MORAN tmoran@mavistire.com
144047 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #816 4001 4TH ST N SAINT PETERSBURG FL 33703 (727) 400-3094 TIM MORAN tmoran@mavistire.com
D.G. WILLIAMS 1215 S FRENCH AVE SANFORD FL 32771 (407) 330-3588 dwilli6573@aol.com
PEP BOYS #1416 555 W FIRST STREET SANFORD FL 32771 (407) 322-2821 Store Manager
PEP BOYS #1521 4170 WEST STATE ROAD 46 SANFORD FL 32771 (407) 322-9896 Store Manager
PEP BOYS #1817 4231 N HWY 17-92 SANFORD FL 32773 (407) 321-0339 Store Manager
120091 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1251 4151 W 1ST STREET SANFORD FL 32771 (407) 269-8167 TIM MORAN tmoran@mavistire.com
PEP BOYS #1809 4427 BEE RIDGE RD SARASOTA FL 34233 (941) 371-1377 Store Manager
PEP BOYS #6619 1324 N WASHINGTON BLVD SARASOTA FL 34236 (941) 330-2675 Store Manager
134013 MONRO INC TIRE CHOICE #1265 5837 DEREK AVENUE SARASOTA FL 34238 (941) 343-4502 KYLE PETERSON kyle.peterson@monro.com
120502 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1774 5050 FRUITVILLE RD SARASOTA FL 34232 (941) 343-9487 TIM MORAN tmoran@mavistire.com
GOODYEAR AUTO SERVICE #2451 3481 CATTLEMAN BLVD SARASOTA FL 34232 (941) 377-8775 Store Manager
902453 GOODYEAR AUTO SERVICE #2453 401 N LEMON AVE SARASOTA FL 34236 (941) 365-5060 gsr2453@goodyear.com
GOODYEAR AUTO SERVICE #2574 5785 BENEVA RD SARASOTA FL 34233 (941) 923-3364 Store Manager
906622 GOODYEAR AUTO SERVICE #6622 4699 SW VOLUNTEER RD SOUTHWEST RANCHES FL 33330 (954) 434-2370 gsr6622@goodyear.com
PEP BOYS #1703 14414 SPRING HILL DRIVE SPRING HILL FL 34609 (352) 544-8273 Store Manager
117452 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #387 119 MARINER BLVD SPRING HILL FL 34609-5625 (352) 587-5660 TIM MORAN tmoran@mavistire.com
120109 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1754 1280 COMMERCIAL WAY SPRING HILL FL 34606 (352) 600-7971 TIM MORAN tmoran@mavistire.com
BOBBYS AUTO REPAIR & BODY LLC 15136 COUNTY LINE RD SPRING HILL FL 34610 (727) 857-4430 bobbysautorepairllc@gmail.com
902484 GOODYEAR AUTO SERVICE #2484 11021 NORTHCLIFFE BLVD. SPRING HILL FL 34608 (352) 398-1960 gsr2484@goodyear.com
PEP BOYS #6630 1605 COUNTY ROAD 210 ST AUGUSTINE FL 32095 (904) 429-9575 Store Manager
Page 7
NONSIG DEALER NAME DBA ADDRESS CITY STATE ZIP PHONE CONTACT NAME CONTACT EMAIL
134021 MONRO INC TIRE CHOICE #1257 4295 SE FEDERAL HWY BLD B STUART FL 34997 (772) 320-0960 KYLE PETERSON kyle.peterson@monro.com
GOODYEAR AUTO SERVICE #6657 1955 SE FEDERAL HWY STUART FL 34994 (772) 286-8550 Store Manager
120331 MONRO INC TIRE CHOICE #1756 14650 US HWY 441 SUMMERFIELD FL 34491 (352) 240-1163 KYLE PETERSON kyle.peterson@monro.com
120111 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1756 16676 US HIGHWAY 441 SUMMERFIELD FL 34491 (352) 693-2245 TIM MORAN tmoran@mavistire.com
PEP BOYS #6537 4397 N PINE ISLAND RD SUNRISE FL 33351 (954) 741-3111 Store Manager
147065 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES 1751 NW 136TH AVE SUNRISE FL 33323 (754) 837-8994 TIM MORAN tmoran@mavistire.com
BLICKENDERFER ENTERPRISES INC 3206 APALACHEE PKWY TALLAHASSEE FL 32311 (850) 656-8473 blick111@gmail.com
NEECE TIRE & AUTO SERVICE INC 4792 BLOUNTSTOWN HWY TALLAHASSEE FL 32304 (850) 574-4100 neroband@hotmail.com
PEP BOYS #123 2353 APALACHEE PARKWAY TALLAHASSEE FL 32301 (850) 656-9000 Store Manager
PEP BOYS #1523 2525 NORTH MONROE ST TALLAHASSEE FL 32303 (850) 385-5323 Store Manager
PEP BOYS #1524 1425 WEST TENNESSEE ST TALLAHASSEE FL 32304 (850) 224-0095 Store Manager
PEP BOYS #1525 2237 CAPITAL CIRCLE NE TALLAHASSEE FL 32308 (850) 385-4377 Store Manager
PEP BOYS #1526 2984 APALACHEE PKWY TALLAHASSEE FL 32301 (850) 656-1024 Store Manager
138049 MONRO INC TIRE CHOICE #1384 2400 CAPITAL CIRCLE NE TALLAHASSEE FL 32308 (850) 386-8473 KYLE PETERSON kyle.peterson@monro.com
143551 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES 2715 N MONROE ST TALLAHASSEE FL 32303 (850) 422-2022 TIM MORAN tmoran@mavistire.com
143552 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES 2400 MILL CREEK LN TALLAHASSEE FL 32308 (850) 553-9660 TIM MORAN tmoran@mavistire.com
144046 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES 3335 BEECH RIDE CT TALLAHASSEE FL 32312 (850) 688-1196 TIM MORAN tmoran@mavistire.com
145799 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES 205 NORTH MAGNOLIA DR TALLAHASSEE FL 32301 (850) 325-0971 TIM MORAN tmoran@mavistire.com
TIRE TOWN EAST 3206 APALACHEE PKWY TALLAHASSEE FL 32311 (850) 656-8473 blick111@gmail.com
PEP BOYS #382 7305 W COMMERCIAL BLVD TAMARAC FL 33319 (954) 726-8677 Store Manager
134029 MONRO INC TIRE CHOICE #1246 7011 NW 88TH AVENUE TAMARAC FL 33321 (954) 721-9811 KYLE PETERSON kyle.peterson@monro.com
134445 MONRO INC TIRE CHOICE #1292 6852 N UNIVERSITY DRIVE TAMARAC FL 33321 (954) 721-4700 KYLE PETERSON kyle.peterson@monro.com
GOODYEAR COMMERCIAL TIRE & SERVICE CENTER 1325 MASSARO BLVD TAMPA FL 33619 (813) 621-5891 Store Manager
MCGEE TRUCK TIRE CENTER 6204 E. HILLSBOROUGH AVENUE TAMPA FL 33610 (813) 623-5600 Store Manager
PEP BOYS #124 3933 W HILLSBOROUGH AVE TAMPA FL 33614 (813) 884-1577 Store Manager
PEP BOYS #136 10124 N FLORIDA AVE TAMPA FL 33612 (813) 933-2424 Store Manager
PEP BOYS #143 15625 N DALE MABRY HWY TAMPA FL 33618 (813) 963-5545 Store Manager
PEP BOYS #1459 7302 W. HILLSBOROUGH AVE TAMPA FL 33634 (813) 884-1890 Store Manager
PEP BOYS #1620 6022 GUNN HWY TAMPA FL 33625 (813) 961-0361 Store Manager
PEP BOYS #1802 7655 W HILLSBOROUGH AVE TAMPA FL 33615 (813) 249-7736 Store Manager
PEP BOYS #1810 2304 E BEARSS AVE TAMPA FL 33613 (813) 866-8790 Store Manager
PEP BOYS #1823 8705 NORTH DALE MABRY TAMPA FL 33614 (813) 336-3330 Store Manager
134004 MONRO INC TIRE CHOICE #1274 12705 N DALE MABRY HIGHWAY TAMPA FL 33618 (813) 549-8968 KYLE PETERSON kyle.peterson@monro.com
134009 MONRO INC TIRE CHOICE #1269 3603 S DALE MABRY HWY TAMPA FL 33629 (813) 574-0940 KYLE PETERSON kyle.peterson@monro.com
134023 MONRO INC TIRE CHOICE #1255 20687 BRUCE B DOWNS BLVD TAMPA FL 33647 (813) 907-2599 KYLE PETERSON kyle.peterson@monro.com
134035 MONRO INC TIRE CHOICE #1248 13006 RACE TRACK RD TAMPA FL 33626 (813) 341-2100 KYLE PETERSON kyle.peterson@monro.com
138046 MONRO INC TIRE CHOICE #1387 4224 GUNN HWY TAMPA FL 33618 (813) 968-2657 KYLE PETERSON kyle.peterson@monro.com
138048 MONRO INC TIRE CHOICE #1385 601 N MORGAN ST TAMPA FL 33602 (813) 273-0988 KYLE PETERSON kyle.peterson@monro.com
138051 MONRO INC TIRE CHOICE #1382 8490 SHELDON RD TAMPA FL 33615 (813) 888-5388 KYLE PETERSON kyle.peterson@monro.com
138247 MONRO INC MCGEE AUTO SVC & TIRES #1366 6204 E HILLSBOROUGH AVE TAMPA FL 33610 (813) 623-5600 KYLE PETERSON kyle.peterson@monro.com
120933 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1783 1130 EAST FLETCHER AVE TAMPA FL 33612 (813) 980-0792 TIM MORAN tmoran@mavistire.com
144035 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES 17325 DONA MICHELLE DR TAMPA FL 33647-3213 (813) 558-0882 TIM MORAN tmoran@mavistire.com
144036 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #805 5660 W WATERS AVE TAMPA FL 33634-1213 (813) 806-5765 TIM MORAN tmoran@mavistire.com
147053 MAVIS TIRE EXPRESS SVCS CORP MAVIS DISCOUNT TIRE DC #723 6422 HARNEY ROAD TAMPA FL 33610 (813) 553-6225 TIM MORAN tmoran@mavistire.com
GOODYEAR AUTO SERVICE #2428 3813 S DALE MABRY HWY TAMPA FL 33611 (813) 831-1891 Store Manager
TIRE HUB LLC #103 4942 JOANNE KEARNEY RD TAMPA FL 33619 (813) 621-3103 chris.cameron@tirehub.com
120934 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1784 40200 US HWY 19 N TARPON SPRINGS FL 34689 (727) 943-9939 TIM MORAN tmoran@mavistire.com
GOODYEAR AUTO SERVICE #2430 904 E TARPON AVE TARPON SPRINGS FL 34689 (727) 937-4179 Store Manager
LAKE TIRE & AUTO INC 812 W BURLEIGH BLVD TAVARES FL 32778 (352) 343-0041 lktire@comcast.net
138041 MONRO INC TIRE CHOICE #1392 9240 N 56TH ST TEMPLE TERRACE FL 33617 (813) 988-4191 KYLE PETERSON kyle.peterson@monro.com
PEP BOYS #1698 8697 SE 165TH MULBERRY LANE THE VILLAGES FL 32162 (352) 205-7746 Store Manager
134003 MONRO INC TIRE CHOICE #1275 280 COLONY BLVD THE VILLAGES FL 32162 (352) 430-0043 KYLE PETERSON kyle.peterson@monro.com
134008 MONRO INC TIRE CHOICE #1270 45 LAGRANDE BLVD THE VILLAGES FL 32159 (352) 391-6488 KYLE PETERSON kyle.peterson@monro.com
134018 MONRO INC TIRE CHOICE #1260 3949 WEDGEWOOD LANE THE VILLAGES FL 32162 (352) 391-1001 KYLE PETERSON kyle.peterson@monro.com
PEP BOYS #1641 3100 CHENEY HWY TITUSVILLE FL 32780 (321) 268-1534 Store Manager
PEP BOYS #1518 10306 E COLONIAL DR UNION PARK FL 32817 (407) 282-3155 Store Manager
NE-RO TIRE & BRAKE SVC INC 2311 S PATTERSON ST VALDOSTA GA 31601 (229) 244-8353 neroband@hotmail.com
LOVE'S TIRE & SERVICE CENTER 1701 HIGHWAY 60 EAST VALRICO FL 33594 (813) 661-3955 evol6362@aol.com
138055 MONRO INC TIRE CHOICE #1378 3523 BELL SHOALS RD VALRICO FL 33594 (813) 651-9585 KYLE PETERSON kyle.peterson@monro.com
138057 MONRO INC TIRE CHOICE #1377 2514 EAST STATE ROAD 60 VALRICO FL 33594 (813) 685-6344 KYLE PETERSON kyle.peterson@monro.com
PIT STOP AUTO REPAIR SHOPS INC 1841 TAMIAMI TRAIL S VENICE FL 34293 (941) 497-2000 ronaldjperry@comcast.net
134010 MONRO INC TIRE CHOICE #1268 4060 S TAMIAMI TRAIL VENICE FL 34293 (941) 441-2504 KYLE PETERSON kyle.peterson@monro.com
138047 MONRO INC TIRE CHOICE #1386 1908 TAMIAMI TRAIL S VENICE FL 34293 (941) 408-1717 KYLE PETERSON kyle.peterson@monro.com
120935 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1785 2371 S. TAMIAMI TRAIL VENICE FL 34293 (941) 493-8887 TIM MORAN tmoran@mavistire.com
906626 GOODYEAR AUTO SERVICE #6626 1920 58TH AVE VERO BEACH FL 32966 (772) 562-4654 gsr6626@goodyear.com
Page 8
NONSIG DEALER NAME DBA ADDRESS CITY STATE ZIP PHONE CONTACT NAME CONTACT EMAIL
GOODYEAR AUTO SERVICE #6658 755 21ST ST VERO BEACH FL 32960 (772) 567-1174 Store Manager
MIKE GATTO INC 7205 DOLINA COURT VIERA FL 32940 (321) 308-2468 sknockdown@aol.com
122175 MAVIS TIRE EXPRESS SVCS CORP TUFFY TIRE & AUTO #1796 27303 WESLEY CHAPEL BLVD WESLEY CHAPEL FL 33544-4287 (813) 907-5200 TIM MORAN tmoran@mavistire.com
902446 GOODYEAR AUTO SERVICE #2446 27342 WESLEY CHAPEL BLVD WESLEY CHAPEL FL 33544 (813) 991-1090 gsr2446@goodyear.com
MARTINO COMMERCIAL TIRE LLC 751 S CONGRESS AVE WEST PALM BEACH FL 33406 (561) 683-0535 walmsley@live.ca
PEP BOYS #370 800 N MILITARY TRAIL WEST PALM BEACH FL 33415 (561) 686-3004 Store Manager
134030 MONRO INC TIRE CHOICE #1245 7800 W OKEECHOBEE BLVD WEST PALM BEACH FL 33411 (561) 640-7890 KYLE PETERSON kyle.peterson@monro.com
134031 MONRO INC TIRE CHOICE #1244 1118 N DIXIE HIGHWAY WEST PALM BEACH FL 33401 (561) 659-1066 KYLE PETERSON kyle.peterson@monro.com
GOODYEAR AUTO SERVICE #6649 515 S DIXIE HWY WEST PALM BEACH FL 33401 (561) 832-4181 Store Manager
NKE TRADING AUTOPARTS CORP 15740 STATE RD 84 WESTON FL 33326 (954) 384-8473 westonauto@att.net
120094 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1254 5167 SUNDANCE TRAIL WILDWOOD FL 34785 (352) 571-2441 TIM MORAN tmoran@mavistire.com
119690 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #508 4961 STATE ROAD 674 WIMAUMA FL 33598 (813) 736-0265 TIM MORAN tmoran@mavistire.com
120082 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1242 11685 SVL PRK DR WINDERMERE FL 34786 (407) 392-9168 TIM MORAN tmoran@mavistire.com
US TIRE IMPORTS INC 12475 W COLONIAL DRIVE WINTER GARDEN FL 34787 (407) 614-8344 accounts@ustireimports.com
120083 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1243 5185 HAMLIN GRVS WINTER GARDEN FL 34787 (407) 347-3239 TIM MORAN tmoran@mavistire.com
PEP BOYS #1686 5694 SE CYPRESS GARDENS BLVD WINTER HAVEN FL 33884 (863) 324-1824 Store Manager
138053 MONRO INC TIRE CHOICE #1380 1803 3RD STREET SW WINTER HAVEN FL 33880 (863) 401-8473 KYLE PETERSON kyle.peterson@monro.com
138120 MONRO INC TIRE CHOICE #1398 6975 CYPRESS GARDEN BLVD WINTER HAVEN FL 33884 (585) 647-6400 KYLE PETERSON kyle.peterson@monro.com
GOODYEAR AUTO SERVICE #2442 6975 CYPRESS GARDENS BLVD WINTER HAVEN FL 33884 (863) 875-1760 Store Manager
120084 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1244 1070 W FAIRBANKSAV WINTER PARK FL 32789 (407) 269-8143 TIM MORAN tmoran@mavistire.com
120092 MAVIS TIRE EXPRESS SVCS CORP ACTION GATOR TIRE #1252 2040 FL-436 WINTER PARK FL 32792 (407) 543-0366 TIM MORAN tmoran@mavistire.com
GOODYEAR AUTO SERVICE #2523 5535 RED BUG LAKE RD WINTER SPRINGS FL 32708 (407) 699-5141 Store Manager
FIRST CHOICE CAR CARE INC 463670 SR 200 YULEE FL 32097 (904) 225-2775 mwburdett@gmail.com
116956 MAVIS TIRE EXPRESS SVCS CORP MAVIS TIRES & BRAKES #297 463697 STATE RD 200 YULEE FL 32097 (904) 441-0754 TIM MORAN tmoran@mavistire.com
146685 PURE AUTO CENTERS LLC 463140 SR 200 YULEE FL 32097 (904) 463-8907 vett3030@yahoo.com
Page 9
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0775
Agenda Date: 7/15/2024 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 6.13
SUBJECT/RECOMMENDATION:
Approve a purchase order to Hadronex Inc. DBA SmartCover System located in Escondido, California, for
the purchase of 30 new SmartCover units for online application of mapping and monitoring service of the
wastewater system for term August 1, 2024 through July 31, 2026, in the amount not to exceed
$208,695.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), non-competitive purchase,
and authorize the appropriate official to execute same.
SUMMARY:
The City of Clearwater Wastewater Collections will use these new SmartCover system units to monitor
manholes within the gravity system, having the immediate ability to provide notification of high-water levels,
thereby preventing sanitary sewer overflows within the system. This standardized product provides better
integration and efficiency with the City’s system than other similar products, which results in cost savings.
The purchase of new manhole level monitoring systems is complete with associated telemetry equipment
plus data communications service which will be utilized to monitor wastewater collection system manhole
sewage level heights and issue an alert that sanitary sewer overflow (SSO) issues may be developing prior
to their actual occurrence.
Public Utilities will also have the ability to continue capturing data and reports of the SmartCover units
including rain data sensors within the system. This purchase will also cover necessary sensors, batteries,
materials, devices, hardware warranties, and any extended warranties for the SmartCover units.
The SmartCovers are also installed to meet settlement conditions in lieu of fines with Florida Department of
Environmental Protection (FDEP) including the current FDEP consent agreement OGC File#: 24-1597.
The City has already liquidated $114,036.65 with this vendor this Fiscal Year. With this purchase, the City
will be at $322,731.65.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 1346-530300 Other Contractual Services - $208,695.00.
STRATEGIC PRIORITY:
In furtherance of the Council’s Strategic Plan to achieve High Performing Government by maintaining public
infrastructure through systematic management efforts, approval for an agreement is requested.
Page 1 City of Clearwater Printed on 7/9/2024
Sole Source – Manufacturer
25009SD Rev D 03/2021 Page 1 of 1
Customer Name Date
Address
City, State Zip
This letter is to provide notification that Hadronex, Inc. (doing business as SmartCover®
Systems™) herein known as “Company” with corporate offices located at 2110 Enterprise Street,
Escondido, CA 92029, is the sole creator, manufacturer and marketer of a group of systems and products,
including: the award winning SmartCover®; SmartFLOE™; SmartVault™; SmartWeir™; SmartClean®;
SmartTank; SmartTrend®; SmartRain™; SmartTide™; UnderCover®; SubSonic®; H2Scents® and
StreamWatch®.
The SmartCover® family of products are both patented and proprietary, designed and
manufactured by the Company to provide users with unique qualities and functions based on acquiring
water level and/or flow data as well as other data in the sewer collection system or other structures with
open channel flows, using ultrasonic, pressure or combined technology combined with embedded analytics
and data fusion. The SmartCover® system, which acquires and transmits data through the Iridium®
military grade satellite network, is immune to terrestrial communications interruptions caused by storms
or hurricanes and provides 24/7 user access via a secure web browser and through a dedicated, secure
user website.
SmartCover® uniquely provides real-time, continuous monitoring capability powered by an
engineered and proprietary long-life lithium thionyl chloride battery pack. It uniquely communicates with
an embedded digital radio through the Iridium® satellite system assuring global, redundant and continuous
coverage.
Users acquire trend data via the patented and proprietary SmartTrend® analysis software tool
which issues predictive “Advisories” on developing trends, “Alarms” for surcharges and intrusions and
maintenance “Alerts” that monitor specific operational parameters system. All notifications provide
information and resources enabling Sewer Intelligence® - effective, informed decision-making for
corrective or preemptive action.
Patent pending SmartRain™; StreamWatch® and SmartTide™ data services are available where
users are presented a “multigraph view” for fast and easy comparison of the SmartCover® (level) or
SmartFLOE™ (flow) data with local environmental data. SmartClean® provides advanced maintenance
forecasting to reduce cost and risk.
Mounted directly on the manhole cover, the patented SmartCover® configuration is designed to be
installed with no confined space entry per OSHA CFR 1910.146(b). The manhole cover mounting also
provides a real-time intrusion alarm when the manhole cover is opened, providing a unique capability to
detect intrusions or entries into the manhole or hatch.
Company solely provides ongoing professional services for management and security of data,
software maintenance and upgrades, the user website interface and exercise of the Iridium Satellite
communications system. These essential services directly enable users to have seamless, robust and
ongoing access to real-time data from remote locations.
Company is protected by the following US Patents: 7,589,630; 7,598,858; 7,944,352; 7,948,215;
8,607,654; 9,297,684; 9,482,568; 10,612,228 and 10,901,068. The systems are also protected by
registered trademarks and international patents. Company also has a Madrid Treaty filing for its main
trademark. We hope this information will satisfy your requirements and that it clearly demonstrates the
special, patented, unique and proprietary features of our systems.
Sincerely,
Corey Williams, P.E.
President/CEO, SmartCover Systems
cwilliams@smartcoversystems.com
2 1 1 0 E n t e r p r i s e S t r e e t | E s c o n d i d o, C A | 9 2 0 2 9
SMARTLEVEL™ REMOTE SEWER
MONITORING
FOR CLEARWATER FL
PREPARED FOR
The City of Clearwater
Clearwater, FL
PREPARED BY
Doug Boccuti
SmartCover Regional Manager
June 21, 2024
1
June 21, 2024
Mike Vacca, CPM
Water & Sewer Infrastructure Manager
City of Clearwater
1650 N Arcturas Ave, Bldg A
Clearwater, FL 33765
Mr. Vacca:
Thank you for the opportunity to submit this price proposal for a SmartLevel
solution to be installed in the City of Clearwater.
The SmartLevel system offers cost effective satellite manhole monitoring to
eliminate sewer overflows, optimize collection system cleaning, and
accurately identify inflow and infiltration (I&I). The comprehensive data
management and analytics software platform allows you to efficiently
manage real-time data to enhance performance, reduce costs, and optimize
resources.
Additional benefits include:
• Continuous system visibility through Iridium satellite communication
with no disruptions during extreme weather events or poor coverage
associated with cellular networks.
• No confined space entry and simple manhole retrofit minimizes field
resources and safety hazards
• Full data available within an hour of installation
If you have any questions, please don’t hesitate to contact me at 407-404-
0882 or via email at dboccuti@smartcoversystems.com.
Best Regards,
Doug Boccuti
Regional Sales Manager
SmartCover
2
Contents
1 SMARTCOVER – SMARTLEVEL MONITORING SYSTEM .................................... 3
1.1 INSTALLATION ...................................................................................................... 3
1.2 TRAINING ................................................................................................................ 3
1.3 SERVICE ................................................................................................................... 3
2 PRICING SUMMARY .................................................................................................... 5
3 STANDARD TERMS & CONDITIONS ....................................................................... 6
3.1 DELIVERY ................................................................................................................ 6
3.2 TERMS AND CONDITIONS .................................................................................. 6
4 ADDITIONAL TERMS & CONDITIONS, LIMITED WARRANTY........................ 7
5 PURCHASE ACCEPTANCE 9
3
1 SMARTCOVER – SMARTLEVEL MONITORING SYSTEM
SmartCover is pleased to provide the following proposal for the installation and
operation of thirty (30) SmartCover, SmartLevel remote monitoring systems in the
Clearwater collection system. The price for the system is provided in Section 2 - Pricing Summary. Pricing on page 5 represents the purchase, installation, and
ongoing operating costs for two (2) years.
SmartCover reserves the right to amend the pricing in the proposal if additional
costs to SmartCover Systems are required by the Customer (ex. bonds, additional
insurance requirements beyond standard coverages carried by SmartCover, etc.).
1.1 INSTALLATION
Installation: SmartCover will install the SmartLevel hardware (see
Section 2) and, while on site, verify operations, including full two-way
communications to the SmartCover system. NO CONFINED SPACE
ENTRY IS REQUIRED for installation of the SmartLevel unit.
Installation takes no longer than ninety (90) minutes per site, usually
less. Traffic control is not included in this pricing proposal and, if
needed, is assumed to be the responsibility of the Customer.
1.2 TRAINING
After installation of the units and verification of operation, SmartCover
will provide training to gather and interpret the SmartLevel data.
Training should take no longer than one (1) hour and will be
performed online (or in person if installed by SmartCover).
Instructions on general data access will still be provided after the
installation.
1.3 SMARTCARE™ SERVICE
When purchased with battery and parts warranty, SmartCover Labor
Warranty services offered in this proposal include:
• System troubleshooting
• Routine maintenance
• Parts and battery replacement
4
Services will be performed by a local SmartCover factory-trained
representative. Adequate spare parts inventory will be maintained
locally to minimize downtime of systems.
Damage to the units caused by the Customer or Customer contractors
will be documented and invoiced at the time of service.
5
2 PRICING SUMMARY
Part Number Description Unit Qty
Unit Price Extended Price
SC-D-SB-15
SubSonic® System Components
• E-Box System Control with onboard computer, modem, digital radio; fully potted and IP-68 rated.
• Distance Sensing Module (DSM) with 0” to 79” sensor range, with 15’ cable and dual sensor. • PowerPack™- lithium thionyl chloride battery with high power density.
• E-Dot™ antenna, including antenna and installation kit. Mounting bracket kit- three-part amounting bracket set made of heavy gauge, hard-anodized aluminum; includes all mounting hardware.
30
$4,744
$142,320
System Parts Warranty
ONE (1) Year, System Parts-Only Warranty
• Limited Parts-Only Warranty on all SmartCover® System™ hardware. • See Warranty Statement for complete details- Section 6
30
Included
Included
EW-SC1
One (1) Year, Extended System Parts-Only Warranty ● Limited Parts-Only Warranty on all SmartCover® System™ hardware.
● See Warranty Statement for complete details
30
$474
$14,220
PowerPack™ Warranty TWO (2) Year, PowerPack Warranty • Limited Parts-Only Warranty on the PowerPack™ 30 Included Included
ASM-SC2
Active Site Management (ASM), Two-Year: Comprehensive support services including: • Software subscription with unlimited number of users
accessed with secure user name and password
• Complete maintenance of all cloud based software
• Regular feature updates and upgrades including SmartTrend™.
• Hosting of data storage – unlimited data storage
• Iridium Satellite connectivity service with bi-directional communication.
• Advisories, Maintenance Alerts and Alarms issued to customer defined personnel via email and/or text message • Ongoing technical support via phone or online.
30
$812
$24,360
ASM-RD-2Y SmartRain® ASM, Two-Year 5 $219 $1,095
Installation
Labor Installation Completed by trained SmartCover tech. 30 $500 $15,000
Labor Warranty SmartCare™ Service: System troubleshooting and routine maintenance of installed SmartCover systems, Prorated 6 months to align with other units due in December 24’ 30 $350 $10,500
Tax* Not Included 1 N/A N/A
Shipping Shipping and Handling Ground shipment FOB Escondido, CA 30 $40 $1,200
TOTAL
All items above
$208,695
6
*Note: The Customer is responsible for any applicable sales tax or for providing SmartCover a
tax exempt certificate. Taxes will be added as an additional line item on invoices.
3 STANDARD TERMS & CONDITIONS
3.1 DELIVERY
• Standard: Four (4) weeks upon receipt of a Purchase Order and with
receipt of complete engineering and site information from the customer as
requested. To note: The “standard four (4) weeks” is not a guarantee
but a good faith estimate. It is strongly recommended that an order be
placed as early as possible. Reasonable efforts will be made to provide
earlier delivery, if requested.
• All customers will be notified of the shipment date upon Order
Acknowledgement.
• Actual availability may vary depending on total demand.
3.2 TERMS AND CONDITIONS
• Payment: Net 30 days.
• Cancellations: For all orders of less than $10,000, cancellation is accepted
prior to shipment. For orders equal to or greater than $10,000, a 15%
restocking charge is applied for cancellation.
• Returns: Returns are accepted with a valid Return Material Authorization
(RMA) number only. Contact Customer Service for an RMA number.
• All paid Warranties and Active Site Management (ASM) services begin on
the day of shipment.
7
4 ADDITIONAL TERMS & CONDITIONS, LIMITED WARRANTY
Mutual Hold Harmless
SmartCover agrees, to the fullest extent permitted by law, to indemnify and
hold harmless the Customer from any and all claims that may arise, or
damages that may result, to SmartCover or SmartCover staff to the extent
caused by SmartCover’s negligence during the performance of this contract.
Customer agrees, to the fullest extent permitted by law, to indemnify and hold
harmless SmartCover, its officers, directors, employees and subcontractors
(collectively, SmartCover) from any and all claims that may arise, to the extent
caused by the Customer's negligent acts in connection with the installation,
operation, or use of the SmartCover, and the acts of its contractors,
subcontractors or consultants or anyone for whom the Customer is legally
liable. Neither SmartCover nor the Customer shall be obligated to indemnify the
other party in any manner whatsoever for the other party’s negligence.
Loss of Communications
Customer acknowledges that SmartCover is not responsible for the loss of
wireless communication or internet communications or any communications
used in the operation of this system.
Advisory Only
SmartCover is an advisory service only. As such, SmartCover and its founders,
owners, or staff are not responsible for any damage of any kind or from any
cause whatsoever that may result from, in relation to, in connection with, due
to, or as a result of the installation or operation of the system, including without
limitation, equipment failure, or any consequential damages caused by, or
resulting from, the use or installation of the SmartCover system.
Limited Warranty
The equipment components of the SmartCover are warranted free from
material defects of material and workmanship for a period of one (1) year from
the date of installation. Unless otherwise stated, the SmartCover warranty
herein is a parts-only warranty. Should the Customer discover any condition
that might invoke a warranty claim, they are to expeditiously and without delay
notify the SmartCover Technical Services group. Upon notification, SmartCover
will assess and instruct the user on follow-on actions. Should a component fail
as a result of a defect in material or workmanship, SmartCover will replace the
component or repair it at the SmartCover location. For all valid warranty claims,
as determined by SmartCover reasonable freight charges to and from Customer
shall be paid by SmartCover. In all cases, SmartCover shall determine the
shipping method and/or carrier unless otherwise agreed to in writing by
8
Customer and SmartCover. Upon approval of a warranty failure by SmartCover,
SmartCover will either repair or replace the defective component at SmartCover
sole discretion.
The foregoing warranty is exclusive. Repair or replacement in the manner
provided above shall be the sole and exclusive remedy for breach of warranty
and shall constitute fulfillment of all liabilities of SmartCover with respect to the
quality and performance of the products. This warranty does not cover damage
or repairs or replacements by any cause beyond the control of SmartCover,
including acts of nature, improper use, lack of proper maintenance, vandalism,
or unauthorized repair. SmartCover shall not be liable for any actual,
exemplary, indirect or consequential damages, including damages for loss of
goodwill or profits and/or losses, that stem from a failure or malfunction of the
SmartCover system.
SmartCover does not provide traffic control. Customer must provide traffic
control for installation and servicing of all units.
In no event shall SmartCover’s liability, whether in contract or in tort (including
negligence and strict liability), exceed the price of the Product from which such
liability arises.
Rights to Use
The SmartCover® family of products and all resulting data produced by them
are proprietary and protected by a suite of intellectual property assets including
but not limited to patents, trademarks and copyrights. The right to use these
products and data is limited to the purchaser only. Any disclosure, use or other
unauthorized disposition of any SmartCover® product or proprietary data
outside the purchaser’s organization, including third-party consultants, is
prohibited.
9
5 PURCHASE ACCEPTANCE
Prices listed are valid for 2 years from this proposal date.
ACTION: Please include this entire document with Purchase Order
Signatures
SmartCover City of Clearwater
_________________ _
Signature
Doug Boccuti
Printed Name
Regional
Sales Manager
Title
June 21, 2024
Date
Signature
Printed Name
Title
Date
PUBLIC UTILITIES REQUISITION REQUEST FORM
Revised: 5/22/2024
Select Type
x Sole Source (Vendor Sole Source Letter addressed to City & complete Sole Source section below)
$5,000 - $9,999 Purchasing a Fixed Asset (Quote for equipment)
$10,000 - $50,000 (3 Quotes)
$50,000 - $99,999 (Formal Bid)
x $100,000 (Agenda City Council Approval)
Note: Certificate of Insurance is required for vendor on City property or working on City asset
DATE June 12, 2024
VENDOR Hadronex, Inc. DBA SmartCover System
AMOUNT $208,695.00
SHIP TO
VENDOR EMAIL Doug Boccuti / dboccuti@smartcoversystems.com
EMPLOYEE Michael Vacca
ACCT CODE
REQUISITION DETAIL (IF SOLE SOURCE FILL OUT SOLE SOURCE SECTION BELOW)
What are we purchasing?
Why are we purchasing?
Where are we using this purchase?
3 QUOTES DETAIL
VENDOR QUOTE AMOUNT QUOTE #
SOLE SOURCE SECTION
What are we buying?
30 SmartCover subsonic system components, System parts warranty 1-year, extended parts warranty 1-
year, power pack warranty 2-year, active site management 2-year, smartrain ASM 2-year, installation
& labor, labor warranty prorated, & shipping cost.
correspondence with FDEP OGC File# 24-1597, approving in-kind project request to implement the
purchase of new SmartCover units to be installed.
How do you intend to use the product/service?
Public Utilities will utilize these new units to monitor the wastewater collection systems
through using these unit placed with manholes to measure sewage level heights to send alert
when sanitary sewer overflows (SSO) may be developing prior to the actual occurrence of
spill and regulatory impacts.
Estimated cost/timeframe? $
Not to exceed $208,695.00 for 30 units, 2 years
What is the benefit for the agency/city/public?
SmartCover System provides Public Utilities with water levels and or flow data in the sewer
collection system. these new units will assist in being able to prevent SSO (sanitary sewer
overflow) in a proactive way rather than Reactive of cleanup after the fact of SSO spills. This
PUBLIC UTILITIES REQUISITION REQUEST FORM
Revised: 5/22/2024
will protect the public health and reduce the potential for regulatory violations and fines.
Data is collected and transmitted via satellite network by providing 24-hour user access.
What about this vendor makes them a single source?
Hadronex Inc. DBA SmartCover System are the only manufacturer that provides equipment
and services this kind, especially targeted to you and design for the wastewater utilities
industry utilize satellite radio data transmission for at live data transmitting
What is unique about the product?
The smart cover systems offer how sufficient satellite you know monitoring to eliminate
sanitary sewer overflows, (SSO) optimize collection systems cleaning and accurately we
identify envelope and infiltration. The comprehensive data management and analytics
software platforms allows us to efficiently manage real time data to enhance our
performance reduce cost and optimize and resources related to the wastewater collection
system
Is there an alternative available?
No, the system is protected by registered trademarks and international patents.
Public utilities currently using SmartCover unit system within City s gravity System
If so, why is not acceptable? N/A
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0753
Agenda Date: 7/15/2024 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 6.14
SUBJECT/RECOMMENDATION:
Award a Purchase Order to Murphy Pipeline Contractors, LLC, of Jacksonville, FL, for Island Estates Cast
Iron Water Main Replacement Project in the amount of $4,377,879.00 pursuant to Invitation to Bid (ITB)
No.23-0056-UT and authorize the appropriate officials to execute same.
SUMMARY:
On February 21, 2024, Public Utilities issued ITB No. 23-0056-UT, Island Estates Cast Iron Water Main
Replacement, which closed on April 24, 2024. Murphy Pipeline Contractors, LLC, of Jacksonville, FL, was
the lowest bid received in accordance with the plans and specifications. After reviewing the contractor bid,
the city’s Engineer of Record, CHA Consulting, and Public Utilities recommend awarding the contract to
Murphy Pipeline Contractors LLC, in the amount of $4,377,879.00.
The project is expected to be completed in 12 months.
The City of Clearwater’s Public Utilities Department is responsible for owning, operating, and maintaining
the potable water distribution system. This work was identified in the 2022 Water Master Plan.
APPROPRIATION CODE AND AMOUNT:
3217321-561300-96742 $4,377,879.00
Funds are available in capital improvement project 321-96742, Line Relocation - Capital, to fund this
purchase order.
STRATEGIC PRIORITY:
In furtherance of the Council’s Strategic Plan to achieve High Performing Government by maintaining public
infrastructure through systematic management efforts, award of a Construction Contract to Murphy
Pipeline Contractors, LLC is requested. The project also aligns with the City’s Strategic goals of
Community Well-Being and Environmental Stewardship.
Page 1 City of Clearwater Printed on 7/9/2024
No.Description Quantity Unit Unit Price Total Price
1 Mobilization (5%)1 LS 200,000$ 200,000$
2 General Conditions (3%)1 LS 125,000$ 125,000$
3 Temporary Traffic
Control/Maintenance of Traffic
1 LS 150,000$ 150,000$
4 Complete Asphalt Removal and
Replacement 4,910 SY 100$ 491,000$
5 Remove and Replace Concrete
Sidewalk 685 SY 200$ 137,000$
6 Remove and Replace Concrete
Curb & Gutter 339 LF 100$ 33,900$
7 Remove and Replace Concrete
Driveway 591 SY 150$ 88,650$
8
Replace 8-inch PVC Water Main
via Open Cut or HDPE Water Main
via Pipe Bursting, Inclusive of
Fittings, Restraints, Bypassing,
Removing and/or grouting, Etc.
4,210 LF 240$ 1,010,400$
9
Replace 4-inch Ductile Iron Water
Main by Open Cut or HDPE Water
Main via Pipe Bursting, Inclusive
of Fittings, Restraints, Bypassing,
Removing and/or grouting, Etc.
108 LF 200$ 21,600$
10
Replace 6-inch Ductile Iron Water
Main by Open Cut or HDPE Water
Main via Pipe Bursting, Inclusive
of Fittings, Restraints, Bypassing,
Removing and/or grouting, Etc.
549 LF 180$ 98,820$
City of Clearwater
Island Estates CIP 17&19 Water Main Replacement Phase II
Bid Form
February 2023
Killbrew Inc. 2830
Winter Lake Rd
Lakeland, FL 33803
11
Replace 8-inch Ductile Iron Water
Main by Open Cut or HDPE Water
Main via Pipe Bursting, Inclusive
of Fittings, Restraints, Bypassing,
Removing and/or grouting, Etc.
245 LF 200$ 49,000$
12
Replace 12-inch Ductile Iron
Water Main via Open Cut or HDPE
Water Main via Pipe Bursting,
Inclusive of Fittings, Restraints,
Etc.
4,906 LF 280$ 1,373,680$
13
12-inch Ductile Iron Water Main,
Above Ground Aerial Crossing,
Inclusive of Fittings, Restraints,
Pipe Supports, Coating, Etc.
60 LF 250$ 15,000$
14 4-inch Gate Valve, RMJ and Valve
Box 4 EA 3,500$ 14,000$
15 6-inch Gate Valve, RMJ and Valve
Box 23 EA 4,500$ 103,500$
16 8-inch Gate Valve, RMJ and Valve
Box 8 EA 5,500$ 44,000$
17 12-inch Gate Valve, RMJ and
Valve Box 9 EA 7,500$ 67,500$
18 6" Teams Valve 4 EA 5,500$ 22,000$
19 8" Teams Valve 3 EA 6,500$ 19,500$
20 12" Teams Valve 2 EA 9,500$ 19,000$
21 12" Tapping Sleeve with 12"
Tapping Valve and Valve Box 4 EA 8,500$ 34,000$
22 6" Joint Restraint for Existing
Water Mains 15 EA 300$ 4,500$
23 8" Joint Restraint for Existing
Water Mains 15 EA 400$ 6,000$
24 12" Joint Restraint for Existing
Water Mains 15 EA 500$ 7,500$
25 2" ARV Assembly 6 EA 8,700$ 52,200$
26 Fire Hydrant Assembly (Inclusive
of Tee, Gate Valve, and
Associated Appurtenances)
13 EA 9,000$ 117,000$
27 1" Water Service including Saddle,
Corporation Stop, Casing, Curb
Stop, and Meter Box
60 EA 1,500$ 90,000$
28 1.5" Water Service including
Saddle, Corporation Stop, Casing,
Curb Stop, and Meter Box
1 EA 1,800$ 1,800$
29 2" Water Service including Saddle,
Corporation Stop, Casing, Curb
Stop, and Meter Box
7 EA 2,500$ 17,500$
30 16" Tapping Sleeve with 12"
Tapping Valve and Valve Box 1 EA 10,000$ 10,000$
31 12" Linestop 1 EA 12,000$ 12,000$
32 6" Linestop 1 EA 8,000$ 8,000$
33 Remove and Replace Unsuitable
Materials 150 CY 100$ 15,000$
4,459,050$
10%445,905$
4,904,955$
Item Bid Alternative Description Qty Unit Unit Price Cost
B1 Complete Asphalt Removal and
Replacement -3,928 SY 100$ (392,800)$
(392,800)$
4,512,155$ Base Bid Plus Alternatives
Owners Contingency
Total
Bid Alternate
Bid Alternate shall only be used if Contractor intends to utilize Pipe Bursting as installation
Bid Alternates Total
Subtotal
Unit Price Total Price Unit Price Total Price
293,000$ 293,000$ 250,000$ 250,000$
175,000$ 175,000$ 100,000$ 100,000$
1,330,000$ 1,330,000$ 25,000$ 25,000$
187$ 918,170$ 40$ 196,400$
105$ 71,925$ 108$ 73,980$
85$ 28,815$ 45$ 15,255$
161$ 95,151$ 125$ 73,875$
200$ 842,000$ 220$ 926,200$
300$ 32,400$ 165$ 17,820$
315$ 172,935$ 190$ 104,310$
Kamminga & Roodvoets, INC 3435
Broadmoor Ave SE Grand Rapids,
MI 49512
Murphy Pipeline Contractors, LLC
12235 New Berlin Rd
Jacksonville FL 3226
390$ 95,550$ 220$ 53,900$
285$ 1,398,210$ 275$ 1,349,150$
1,000$ 60,000$ 400$ 24,000$
1,900$ 7,600$ 1,500$ 6,000$
2,100$ 48,300$ 2,000$ 46,000$
3,400$ 27,200$ 3,000$ 24,000$
5,000$ 45,000$ 4,500$ 40,500$
14,500$ 58,000$ 3,000$ 12,000$
16,500$ 49,500$ 4,000$ 12,000$
31,100$ 62,200$ 5,000$ 10,000$
10,000$ 40,000$ 7,500$ 30,000$
1,100$ 16,500$ 3,500$ 52,500$
1,200$ 18,000$ 4,500$ 67,500$
1,300$ 19,500$ 6,000$ 90,000$
8,000$ 48,000$ 10,000$ 60,000$
13,500$ 175,500$ 7,500$ 97,500$
2,050$ 123,000$ 2,500$ 150,000$
3,000$ 3,000$ 3,500$ 3,500$
3,500$ 24,500$ 4,500$ 31,500$
12,000$ 12,000$ 9,500$ 9,500$
15,850$ 15,850$ 12,000$ 12,000$
8,000$ 8,000$ 8,000$ 8,000$
175$ 26,250$ 50$ 7,500$
6,341,056$ 3,979,890$
10%634,106$ 10%397,989$
6,975,162$ 4,377,879$
-$ 40$ (157,120)$
-$ (157,120)$
6,975,162$ 4,220,759$
Unit Price Total Price
239,620$ 239,620$
138,000$ 138,000$
360,000$ 360,000$
68$ 333,880$
196$ 134,260$
61$ 20,679$
163$ 96,333$
200$ 842,000$
190$ 20,520$
150$ 82,350$
TLC Diversified, Inc.
207$ 50,715$
325$ 1,594,450$
550$ 33,000$
1,800$ 7,200$
2,135$ 49,105$
3,355$ 26,840$
5,860$ 52,740$
28,000$ 112,000$
38,000$ 114,000$
50,000$ 100,000$
11,900$ 47,600$
270$ 4,050$
335$ 5,025$
480$ 7,200$
4,600$ 27,600$
8,140$ 105,820$
2,650$ 159,000$
2,975$ 2,975$
4,400$ 30,800$
17,250$ 17,250$
8,765$ 8,765$
5,900$ 5,900$
54$ 8,100$
4,837,777$
10%483,778$
5,321,555$
-$
-$
5,321,555$
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240
240
240
380641 1/2
546
309
199
20326121824 125125125125125125125
125
636
672
621
633
15625
629
637
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648
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648
609
903
27
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904 909905907
4118
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110
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430
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Prepared by:Department of Public Works - EngineeringGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page: 1 of 1Aerial Flown 2023
Island Estates Cast Iron Water Main Replacement
Project Number: 23-0056-UT ²
N.T.S.Scale:NFMap Gen By:ASReviewed By:6/12/2024Date:
AERIAL MAP
PROJECT
LOCATION
Four million, three hundred seventy seven thousand,
eight hundred seventy nine and no cents
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0769
Agenda Date: 7/15/2024 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Information Technology
Agenda Number: 6.15
SUBJECT/RECOMMENDATION:
Approve a purchase order to Oracle America, Inc. of Redwood Shores, CA for software maintenance in a
not-to-exceed amount of $195,097.04 for a one-year term pursuant to Clearwater Code of Ordinances
Section 2.563 (1)(a), single source, and authorize the appropriate officials to execute same.
SUMMARY:
This is an annual maintenance contract for Oracle software consisting of three components:
1.Oracle database licensing at $50,823.93 for the City’s utility billing (Cayenta) and asset management
systems (OWAM)
2.Oracle OWAM maintenance (asset management system) at $118,390.41 for the City’s enterprise
asset management application
3.Oracle Mobile Device at $25,882.70 for licenses supporting remote access to the asset management
application
This purchase is for the necessary maintenance of the Oracle software, which is only offered by Oracle,
the software manufacturer. This maintenance cannot be acquired from any other source. The City has
used the Oracle software since 2004 and will be sunsetting these applications in Fiscal Year 2027.
This Purchase Order represents a $14,451.65 increase in real maintenance costs from a year ago.
In addition, a one-year software update license and support renewal for WebLogic Suite in the estimated
amount of $16,841.64 will be procured as a Small Purchase using one of Oracle’s authorized distributors
on a separate purchase order. The WebLogic Suite is used for development and maintenance of
web-based application viewers for the OWAM environment. The grand total for Oracle maintenance to
include the WebLogic Suite from an authorized distributer for Oracle will not exceed $211,938.68.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 5559864-530500, maintenance contracts, to fund this contract.
STRATEGIC PRIORITY:
This purchase will support all the objectives of a High-Performance Government, as well as Superior Public
Service.
Page 1 City of Clearwater Printed on 7/9/2024
Page 1 of 8 Support Service Number: P-95-301-00-000--22
RL_Specified_Agreement_US_v012124
3-Jun-24
Dear Erica Powell
Your technical support services are due for renewal.
Support Service Number: P-95-301-00-000--22
Support Start Date: 1-Oct-24
Amount Due: USD 195,097.04 (excluding applicable tax)
To avoid any interruption in these services, please complete your renewal by 1-Sep-24.
Oracle would like to thank you for your continued business.
Have a question about your renewal? Call 301-641-0727 or email Oracle at mavis.waters@oracle.com.
Page 2 of 8 Support Service Number: P-95-301-00-000--22
RL_Specified_Agreement_US_v012124
Technical Support Services Renewal Order
General Information
Customer: CITY OF CLEARWATER
Support Service Number: P-95-301-00-000--22
Offer Expires: 30-Sep-24
Oracle: Oracle America, Inc.
Oracle Contact Information:
Mavis Waters
Call: 301-641-0727
Email: mavis.waters@oracle.com
Online Renewals can be viewed and accepted on My Support Renewals
Customer Quote To
Erica Powell
CITY OF CLEARWATER
PO Box 4748
Information Technology Department
CLEARWATER
FL 33758
United States
Erica.Powell@myclearwater.com
Customer Bill To
Kristina Cook
CITY OF CLEARWATER
Information Technology
100 S. Myrtle Ave 3rd Floor
CLEARWATER
FL 33756
United States
727-562-4656
kristina.cook@myclearwater.com
"You" and "Your" as used in this renewal order, refer to the Customer listed above.
Please ensure the Quote To and Bill To details above are correct, especially the email addresses, as Oracle will
usually deliver communications, including Your invoice, to the respective email address.
Page 3 of 8 Support Service Number: P-95-301-00-000--22
RL_Specified_Agreement_US_v012124
Service Details
Program Technical Support Services
Service Level:Software Update License & Support
Product Description CSI #Qty License
Metric
License
Level /
Type
Start Date End Date Price
SPL Synergen Series Base Product:
All Subsystems - Concurrent User
Perpetual
15397410 200 CONCURRE
NT DEVICE
FULL USE 1-Oct-24 30-Sep-25 38,816.52
SPL Synergen Series Base Product: All Subsystems - Server Perpetual 15397410 1 FULL USE 1-Oct-24 30-Sep-25 31,053.22
SPL Synergen Series ESRI GIS
Integration Extension - Server
Perpetual
15397410 1 FULL USE 1-Oct-24 30-Sep-25 9,704.15
SPL Synergen Series Web
Deployment - Concurrent User
Perpetual
15397410 200 CONCURRE
NT DEVICE
FULL USE 1-Oct-24 30-Sep-25 38,816.52
Program Technical Support Fees:USD 118,390.41
Program Technical Support Services
Service Level:Software Update License & Support
Product Description CSI #Qty License
Metric
License
Level /
Type
Start Date End Date Price
Merant Net Express V3 Win/Nt 14501859 1 USER 1-Oct-24 30-Sep-25 3,666.78
Oracle Utilities Mobile Device Management Base - Customer
Perpetual
16130816 1 FULL USE 1-Oct-24 30-Sep-25 11,407.99
Micro Focus Visual COBOL for
Windows for 2 Named Users (Mfr is
Microfocus; Third Party Program)
17885976 1 FULL USE 1-Oct-24 30-Sep-25 10,807.93
Program Technical Support Fees:USD 25,882.70
Program Technical Support Services
Service Level:Software Update License & Support
Product Description CSI #Qty License
Metric
License
Level /
Type
Start Date End Date Price
Oracle Database Enterprise Edition -
Named User Plus Perpetual
18925318 225 FULL USE 1-Oct-24 30-Sep-25 12,890.23
Oracle Database Enterprise Edition - Named User Plus Perpetual 18925318 45 FULL USE 1-Oct-24 30-Sep-25 14,815.42
Oracle Database Enterprise Edition -
Processor Perpetual
18925318 2 FULL USE 1-Oct-24 30-Sep-25 11,924.15
Oracle Database Standard Edition -
Named User Plus Perpetual
18925318 75 FULL USE 1-Oct-24 30-Sep-25 2,744.67
Oracle Database Standard Edition -
Named User Plus Perpetual
18925318 115 FULL USE 1-Oct-24 30-Sep-25 8,449.46
Program Technical Support Fees:USD 50,823.93
Page 4 of 8 Support Service Number: P-95-301-00-000--22
RL_Specified_Agreement_US_v012124
Total Price:USD 195,097.04
Excluding applicable tax
Notes
If Oracle accepts Your renewal order, the start date set forth in the Service Details table above shall serve as the
commencement date of the technical support services and the technical support services ordered under this
renewal order will be provided through the end date specified in the table for the applicable programs and/ or
hardware ("Support Period").
If any of the fields listed in the Service Details table above are blank, then such fields do not apply to Your renewal.
Page 5 of 8 Support Service Number: P-95-301-00-000--22
RL_Specified_Agreement_US_v012124
Technical Support Services Terms
If the Customer and the Customer Quote To name identified in the General Information table above are not the
same,CITY OF CLEARWATER represents that Customer has authorized CITY OF CLEARWATER to execute this
renewal order on the Customer's behalf and to bind the Customer to the terms contained in this renewal order.
CITY OF CLEARWATER agrees that the services ordered are for the sole benefit of Customer and shall only be used
by Customer.CITY OF CLEARWATER agrees to advise Customer of the terms of this renewal order as well as any
communications received from Oracle regarding the services.
If the Customer and the Customer Bill To name identified in the General Information table above are not the same,
Customer agrees that:a)Customer has the ultimate responsibility for payments under this renewal order;and b)
any failure of CITY OF CLEARWATER to make timely payment per the terms of this renewal order shall be deemed
a breach by Customer and,in addition to any other remedies available to Oracle,Oracle may terminate Customer's
technical support service under this renewal order.
Technical support is provided under Oracle's technical support policies in effect at the time the services are
provided. The technical support policies are subject to change at Oracle's discretion; however, Oracle will not
materially reduce the level of services provided for supported programs and/or hardware during the period for
which fees for technical support have been paid, or for U.S. federal and public sector entities, the period for which
services have been ordered. You should review the technical support policies prior to entering into this renewal
order.
The current version of the technical support policies may be accessed at
http://www.oracle.com/us/support/policies/index.html.
Regarding the inclusion of DFARS 252.204-7012, the parties agree that DFARS 252.204-7012, Safeguarding Covered
Defense Information and Cyber Incident Reporting (OCT 2016), does not apply to the Commercial Off the Shelf
(COTS) licenses or hardware, and does not apply to the associated technical support because Oracle will not
process, collect, develop, receive, transmit, use, or store "covered defense information" on "covered contractor
information systems" as defined in DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber
Incident Reporting (OCT 2016), in performance of the associated technical support services ordered under this
renewal quote, and the Government agrees that it will not provide "covered defense information" to Oracle in
performance of the associated technical support services..
The technical support services renewed under this renewal order are governed by the terms and conditions of the
SLSA-225665-01-OCT-1995 ("agreement"). Any use of the programs and/or hardware, which includes updates and
other materials provided or made available by Oracle as a part of technical support services, is subject to the rights
granted for the programs and/or hardware set forth in the order in which the programs and/or hardware were
acquired.
This renewal order incorporates the agreement by reference. In the event of inconsistencies between the terms
contained in this renewal order and the agreement, this renewal order shall take precedence.
Page 6 of 8 Support Service Number: P-95-301-00-000--22
RL_Specified_Agreement_US_v012124
Renewal Processing Details
Your renewal order is subject to Oracle's acceptance. Your renewal is considered complete when You provide
Oracle with payment details for the renewal as detailed below or an executed Oracle Financing contract. Once
completed, Your renewal cannot be cancelled and Your payment is nonrefundable, except as provided in the
agreement. Oracle will issue an invoice to You upon receipt of a purchase order or a form of payment acceptable to
Oracle.
If You are U.S. federal government or public sector entity, Oracle will issue You an invoice quarterly in arrears after
the services are performed.
Unless you are an U.S. federal government entity, Oracle's invoice includes applicable sales tax, GST, or VAT
(collectively referred to as "tax"). If CITY OF CLEARWATER is a tax exempt organization and is not an U.S. federal
government entity, a copy of CITY OF CLEARWATER's tax exemption certificate must be submitted with CITY OF
CLEARWATER's purchase order, credit card, or other acceptable form of payment.
Technical Support fees are invoiced Quarterly in Arrears. All fees payable to Oracle are due within 30 NET
from date of invoice.
You agree to pay any sales, value-added or other similar taxes imposed by applicable law, except for taxes based on
Oracle's income. If CITY OF CLEARWATER is a tax exempt organization, a copy of CITY OF CLEARWATER's tax
exemption certificate must be submitted with CITY OF CLEARWATER's purchase order, check, credit card or other
acceptable form of payment.
Payment Details
Purchase Order
If You are submitting a purchase order for the payment of the renewal of the technical support services on this
renewal order, the purchase order must be in a non-editable format (e.g., PDF) and include the following
information:
-Support Service Number:P-95-301-00-000--22
-Total Price:USD 195,097.04 (excluding applicable tax)
-Local Tax, if applicable
In issuing a purchase order, CITY OF CLEARWATER agrees that the terms of this renewal order and the agreement
supersede the terms in the purchase order or any other non-Oracle document, and no terms included in any such
purchase order or other non-Oracle document shall apply to the technical support services ordered under this
renewal order.
Please contact Oracle per the General Information section above to issue Your purchase order.
Credit Card
If You wish to use a credit card to pay for the renewal of the technical support services on this renewal order, please
contact Oracle per the General Information section above. Please note that Oracle is unable to process credit card
transactions of USD $100,000 or greater or transactions that are not in USD.
PayPal
If You wish to use PayPal to pay for the renewal of the technical support services on this renewal order, please
contact Oracle per the General Information section above. Please note that Oracle is unable to process PayPal
transactions of USD $100,000 or greater or transactions that are not in USD.
eCheck
If You wish to use eCheck to pay for the renewal of the technical support services on this renewal order, please
contact Oracle per the General Information section above. Please note that Oracle is unable to process eCheck
transactions that are not in USD.
Page 7 of 8 Support Service Number: P-95-301-00-000--22
RL_Specified_Agreement_US_v012124
Check
If You are submitting a check for the payment of the renewal of the technical support services on this renewal
order,the check must include the following information:
-Support Service Number:P-95-301-00-000--22
-Total Price:USD 195,097.04 (excluding applicable tax)
-Local Tax,if applicable
In issuing a check,CITY OF CLEARWATER agrees that only the terms of this renewal order and the agreement shall
apply to the technical support services ordered under this renewal order.No terms attached or submitted with the
check shall apply.
Checks for technical support services ordered under this renewal order should be sent to:
AK,AZ,CA,HI,ID,NV,OR,UT,WA:
Oracle America,Inc
PO Box 884471
Los Angeles,CA 90088-4471
All Other States:
Oracle America,Inc
PO Box 203448
Dallas,TX 75320-3448
Payment Confirmation
If You cannot pay using any of the payment methods described above, please complete this payment confirmation
and submit it to Oracle. Please initial the following statement that best applies to You.
____ CITY OF CLEARWATER does not issue purchase orders.
____ CITY OF CLEARWATER does not require a purchase order for the services ordered hereto.
CITY OF CLEARWATER certifies that the information provided above is accurate and complies with CITY OF
CLEARWATER's business practices in entering into this renewal order, including obtaining all necessary approvals
to release the funds for this renewal. In issuing this payment confirmation, CITY OF CLEARWATER agrees that the
terms of this renewal order and the agreement shall apply to the technical support services ordered under this
renewal order. No terms attached or submitted with the payment confirmation shall apply.
The signature below affirms CITY OF CLEARWATER's commitment to pay for the services ordered in accordance
with the terms of this renewal order.
CITY OF CLEARWATER
_______________________________________
Authorized Signature
_______________________________________
Name
_______________________________________
Title
_______________________________________
Signature Date
Page 8 of 8 Support Service Number: P-95-301-00-000--22
RL_Specified_Agreement_US_v012124
Please contact Oracle per the General Information section above to issue Your Payment Confirmation.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0779
Agenda Date: 7/15/2024 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Marine & Aviation
Agenda Number: 6.16
SUBJECT/RECOMMENDATION:
Approve an increase and proposal from Kokolakis Contracting, Inc., of Tarpon Springs, FL., for the
construction of the Clearwater Beach Marina (21-0008-MA) in the amount of $43,469,475.00 bringing the
total to $43,568,739.00 pursuant to Request for Qualifications (RFQ) 19-22; approve a not to exceed loan
of $18,000,000.00 from the Capital Improvement Fund to the Marine Fund and authorize the appropriate
officials to execute same.
SUMMARY:
The City of Clearwater has operated a marina at Clearwater Beach since the 1940’s. Historical aerials
confirm the Beach Marina was built prior to 1951 and was expanded by 1965 to essentially what exists
today. Over the past 50 years the marina has been repaired but never refurbished or fully replaced. In 2005,
the City considered a replacement of only the docks at an estimated cost of $8 million dollars. That project
was never initiated. The existing marina infrastructure has reached the end of its serviceable life and needs
to be replaced.
In October of 2021, due to the advanced age of all overwater structures and utilities, City Council
authorized Moffatt & Nichol, of Tampa, FL., to begin the design and permitting process to replace these
components and incorporate a vision that integrated Beach Walk with the Beach Marina, creating “Marina
Walk.”
Moffatt & Nichol gave a presentation to the City Council Work Session on October 3, 2022. The engineer’s
estimate of probable construction cost at the time of presentation was approximately $28 million dollars.
At that time, City Council recommended the design be completed with an emphasis on quality of form and
function including, but not limited to, a new seawall and a combination of fixed and floating docks.
Council also gave direction at the council meeting on October 6, 2022, for the addition of a Supplemental
Work Order for Moffatt & Nichole to research parking needs and for staff to consider a preliminary design
option for a parking garage to ensure coordination with the final marina design. The supplemental Work
Order was completed, and a pro-forma and design costs have been established. Staff are working on the
parking garage at the Beach Marina as a separate project but seeking to incorporate construction into the
phased construction of the Beach Marina and will present that option to Council at a later date. The
parking garage will provide the necessary parking and upland support needed for the commercial
operations at the Beach Marina.
On January 12, 2023, Council authorized the contract and pre-construction phase proposal with Kokolakis
to renovate the Beach Marina in the amount of $99,264.00 pursuant to Request for Qualifications (RFQ)
19-22.
On November 13, 2023, Moffat & Nichol gave the final design presentation to Council’s work session. The
reconstruction of the Beach Marina will include a wide variety of resiliency features including the raising of
the seawall, updating all utilities, dredging, floating dock structures, and the future ability to add boat
charging stations for electric boats. The engineer’s opinion of probable construction cost for the final
Page 1 City of Clearwater Printed on 7/9/2024
File Number: ID#24-0779
design was raised to $35.1 million dollars.
The Clearwater Beach Marina will maintain our current slip count of 165 slips (83 recreational slips, 59
commercial slips, and 23 transient slips). The fuel dock will be able to accommodate all tenants as well as
visitors and residents of Clearwater. Two (2) ferry slips are included, and they will be able to accommodate
the new ferry vessels that will be operational in early 2025. The Marina Walk will include 24 kiosks
available for the commercial fleet to lease and conduct sales from.
Construction of the Beach Marina is expected to begin in October 2024 and is scheduled to be completed
the spring of 2026. The construction GMP is $43,469,475.00, and the total project budget is estimated to
be $46.5 million. This project is currently underfunded with a total of $28,492,258.00 currently available.
The increase in budget is the result of labor (10-15% increase in last 18 months) and material cost
escalations exceeding that accounted for during the construction cost estimate exercises. For example,
the cost of concrete used for the floating docks and marina walk has risen sharply by 40% since 2020 as
reflected by the producer price index for cement and concrete. Similarly, the cost of electrical equipment
and conductors has risen drastically. The cost of aluminum and copper has increased by 25% and 26% in
the last 4 months. Other increases are the results of upgrading existing site grade conditions for
stormwater runoff, cost of phasing the project to allow continuity of commercial operations ($1,000,000),
and specialty marine products (cleats, pedestals, etc.) increased by 20-30% in the last 18 months.
Currently there is an outstanding grant application in process with the Tourist Development Council (TDC)
to help supplement the funding needed for this project. The remaining funding needed will be provided by a
10-20-year 0% interest not to exceed loan of $18 million from the Capital Improvement Fund, to be reduced
by the award of grant funding (payment structure TBD based upon amount of grant award). A 1-year
deferral of payment (from project completion) will allow time to implement new rates for slip rentals and to
reestablish revenue levels/profitability.
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendment will provide an increase of $18,000,000.00 in capital project C1905,
Beach Marina Upgrade, which will provide the remaining funding needed to establish the total project
budget. Once amended, sufficient funding/budget will be available in capital improvement project C1905,
Beach Marina Upgrade to fund this GMP proposal.
STRATEGIC PRIORITY:
High Performing Government
1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic
features through systematic management efforts.
Economic & Housing Opportunity
2.2 Cultivate a business climate that welcomes entrepreneurship, inspires local investment, supports
eco-friendly enterprises, and encourages high-quality job growth.
2.3 Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and
national sporting events.
Page 2 City of Clearwater Printed on 7/9/2024
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PROJECTLOCATION
AERIAL MAP
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Beach Marina ReplacementProject Number 21-0008-MA ²
N.T.S.Scale:Date:8/27/2021Aerial Flown 2020KTMap Gen By:WDReviewed By:
Procurement Division
100 S Myrtle Ave
Clearwater FL 33756-5520
PO Box 4748, 33578-4748
727-562-4630 Tel
REQUEST FOR QUALIFICATIONS
#19-22
Construction Manager at Risk – Clearwater Beach Marina Dock Replacement
April 7, 2022
NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of
Clearwater (City) until 10:00 AM, Local Time, May 11, 2022 for Construction Manager at Risk -
Clearwater Beach Marina Dock Replacement.
Brief Description: The City of Clearwater is seeking a Construction Manager at Risk (CMAR) firm to join
the project team for the construction of the Clearwater Beach Marina Dock Replacement.
Responses 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.
This Request for Qualifications, any attachments and addenda are available for download at
https://www.myclearwater.com/business/rfp
Please read the entire solicitation package and submit the response in accordance with the instructions.
This document (less this invitation and the instructions) and any required documents, attachments, and
submissions will constitute the response.
General, Process, or Technical Questions concerning this solicitation should be directed, IN
WRITING, to the Procurement Manager.
This Request for Qualifications is issued by:
Lori Vogel, CPPB
Procurement Manager
lori.vogel@myclearwater.com
INSTRUCTIONS
CMAR – CWT Bch Marina Dock Replacement 2 RFQ #19-22
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 One (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 response. 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 response.
i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING:
Date: May 11, 2022
Time: 10:00 AM (Local Time)
The City will open all responses properly and timely submitted and will record the names and
other information specified by law and rule. All responses 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
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, responses are available for inspection by
contacting the Procurement Division.
i.4 SUBMIT RESPONSES TO: It is recommended that responses are submitted electronically
through our bids website at https://www.myclearwater.com/business/rfp.
Respondents may mail or hand-deliver responses 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
Responses will be received at this address. Respondents may mail or hand-deliver proposals; e-
mail or fax submissions will not be accepted.
No responsibility will attach to the City of Clearwater, its employees or agents for premature
opening of a response that is not properly addressed and identified.
i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered
on time at the place specified. All responses received after the date and time specified shall not
be considered and will be returned unopened to the respondent. The respondent 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 respondent agrees to accept the time stamp in the
City’s Procurement Division as the official time.
i.6 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.
INSTRUCTIONS
CMAR – CWT Bch Marina Dock Replacement 3 RFQ #19-22
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.7 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 response. Respondents are cautioned to
verify their responses before submission, as amendments to or withdrawal of responses
submitted after time specified for opening of responses may not be considered. The City will not
be responsible for any respondent errors or omissions.
i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses
shall be submitted on the forms provided. An original and the designated number of copies of
each response are required. Responses, 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 response is not properly signed or if any changes are not initialed, it
may be considered non-responsive. The City may require that an electronic copy of the response
be submitted. The response 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 response.
i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise
lawfully precluded from participating in any public procurement activity, including being
disapproved as a (sub)contractor with any federal, state, or local government, or if any such
preclusion from participation from any public procurement activity is currently pending, the
respondent shall include a letter with its response 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 response from a
respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public
procurement activity may be rejected.
i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof;
to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject
unbalanced responses; to reject responses where the terms and/or awards are conditioned upon
another event; to reject individual responses for failure to meet any requirement; to award by part
or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions,
technicalities or form errors in any response. The City may seek clarification of the response
from respondent at any time, and failure to respond is cause for rejection. Submission of a
response confers on respondent 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 respondent and the City until the City
executes a written contract or purchase order.
i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a
respondent 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
INSTRUCTIONS
CMAR – CWT Bch Marina Dock Replacement 4 RFQ #19-22
acknowledged and agreed to by the City. The copy maintained and published by the City shall be
the official solicitation document.
i.12 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 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.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or
prospective respondents and affiliates.
i.14 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder
who submitted a response to a competitive solicitation and was not selected may appeal the
decision through the bid protest procedures, a copy of which shall be available in the
Procurement Division. A protesting bidder must include a fee of one percent of the amount of the
bid or proposed contract to offset the City’s additional expenses related to the protest. This fee
shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the
protest be upheld. No partial refunds will be made.
ADDRESS PROTESTS TO:
City of Clearwater - Procurement Division
100 So Myrtle Ave, 3rd Fl
Clearwater FL 33756-5520
or
PO Box 4748
Clearwater FL 33758-4748
INSTRUCTIONS – EVALUATION
CMAR – CWT Bch Marina Dock Replacement 5 RFQ #19-22
i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of
City employees and/or authorized agents. The City staff may or may not initiate discussions with
respondents for clarification purposes. Clarification is not an opportunity to change the response.
Respondents shall not initiate discussions with any City employee or official.
i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of
information: responsiveness, responsibility, and the technical response. All responses must meet
the following responsiveness and responsibility criteria.
a) Responsiveness. The City will determine whether the response complies with the
instructions for submitting responses including completeness of response which
encompasses the inclusion of all required attachments and submissions. The City must
reject any responses that are submitted late. Failure to meet other requirements may result
in rejection.
b) Responsibility. The City will determine whether the respondent 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: past performance, references (including those found outside the
response), compliance with applicable laws, respondent's record of performance and
integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City,
whether the respondent is qualified legally to contract with the City, financial stability and the
perceived ability to perform completely as specified. A respondent 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 respondent’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 Response. The City will determine how well responses meet its requirements in
terms of the response to the solicitation 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.
The criteria that will be evaluated and their relative weights are:
Evaluation Criteria (pgs. 11-13) Points
Qualifications, Experience, and References (Tab 2) 35
Project Approach (Tab 3) 30
Project Staff and Availability (Tab 4) 30
Construction Manager at Risk Fee and Safety Record (Tab 5) 5
i.17 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked
responses based on a preliminary evaluation against the evaluation criteria. Only those short-
listed responders would be invited to give presentations and/or interviews. The City will finalize
ranking of the firms upon conclusion of presentations/interviews.
i.18 PRESENTATIONS/INTERVIEWS. If requested, the respondent must provide a formal
presentation and/or interview. The location for these presentations and/or interviews will be
determined by the City and may be held virtually.
i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City
to accept the response as submitted. If respondent 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 response or revoke the award, and
may begin negotiations with another Respondent. Final contract terms must be approved or
INSTRUCTIONS – EVALUATION
CMAR – CWT Bch Marina Dock Replacement 6 RFQ #19-22
signed by the appropriately authorized City official(s). No binding contract will exist between the
respondent and the City until the City executes a written contract or purchase order.
i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to
Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s
Purchasing website at https://www.myclearwater.com/business/rfp to view the Procurement
Division’s Intent to Award postings.
i.21 RFQ TIMELINE. All dates are tentative and subject to change.
Release RFQ: 04/07/2022
Advertise Tampa Bay Times: 04/13/2022
Responses due: 05/11/2022
Review responses/presentations: 05/11/2022-06/07/2022
Award recommendation: 06/07/2022
Council authorization: July 2022
Contract begins: July 2022
DETAILED SPECIFICATIONS
CMAR – CWT Bch Marina Dock Replacement 7 RFQ #19-22
1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its
customers in order to improve the quality of life for Clearwater residents, businesses and visitors.
The City is looking for vendors who share that dedication and will help the City meet that goal.
2. BACKGROUND & SITE DESCRIPTION: The Clearwater Beach Marina located at 25 Causeway
Blvd south of the beach round-about near the intersection of Coronado Dr. and Causeway Blvd.
was built in the early 1950’s. The marina’s utility infrastructure is outdated and at the end of its
operational lifespan. The dock layout and construction no longer meet the needs of the modern
boating market. The new replacement marina is required to be compliant with all local codes and
ordinances, the FL Building Code, Americans with Disability Act, FEMA and environmental
regulations.
3. SCOPE OF SERVICES. The City of Clearwater (City) intends to engage a Construction Manager
at Risk (CMAR) firm to provide management of the preconstruction and construction phase
services (collectively referred to as the Services) as described herein for the Clearwater Beach
Marina Dock Replacement, Project #21-0008-MA. The city anticipates the design to be
completed by Spring 2023 with construction to be completed by Fall/Winter 2024.
In conjunction with the new floating dock system, uplands work includes replacement of the
utilities, seawall maintenance and the construction of new marina sales kiosks. The existing
marina office building and restaurant will remain, but it is anticipated that some very minor
renovations of the building will be necessary.
The chosen CMAR firm will join the project team after the 30% design phase to provide pre-
construction phase services to the City under a purchase order for the negotiated pre-
construction phase fees providing construction cost estimates at the 60% and 90% phases at a
minimum, along with recommended value engineering options, constructability review, phasing
plans, construction schedules, and identification and solutions to anticipated challenges.
When the construction documents are sufficiently complete, the Construction Manager will
establish and submit in writing to the City for approval a final Guaranteed Maximum Price (GMP)
for the project. Once the GMP for construction of the project is agreed upon, the City staff may
recommend to City Council to award the CMAR firm the Construction Manager at Risk contract.
A CMAR Services Contract SAMPLE (Exhibit B) has been included with this solicitation. If a
GMP cannot be agreed upon, the City may negotiate with the next highest ranked CMAR firm.
The following documents are included with this RFQ:
Exhibit A_Aerial View of Project Limits
Exhibit B_CMAR Services Contract SAMPLE. Standard Construction Manager at Risk
Services contract to be entered into upon successful negotiation. Applicable terms for City
construction contracts referenced in Exhibit B are available at:
https://www.myclearwater.com/government/city-departments/engineering/documents-
publications/contract-specifications
Exhibit C_Forms. Truth in Negotiation, E-Verify and Scrutinized Companies forms required per
Florida Statute.
Exhibit D_Standard Terms and Conditions. Standard Terms and Conditions applicable to the
Purchase Order for pre-construction and construction phase services.
Exhibit E_Clearwater Beach Marina Dock Replacement Conceptual Design_Moffatt & Nichol
2022.
Exhibit F_Clearwater Beach Municipal Marina Expansion Feasibility Study_Wade Trim 2005
DETAILED SPECIFICATIONS
CMAR – CWT Bch Marina Dock Replacement 8 RFQ #19-22
Exhibit G_Clearwater Beach Marina Utilities and Drainage Improvements_URS 2015
Exhibit H_Clearwater Beach Marina Electrical Distribution Evaluation_Long & Assoc 2018
Exhibit I_Seawall Inspection Report Beach Marina_Reuben Clarson 2020
Exhibit J_Hydrographic_Topographic Marina Survey_George F Young 2020
Exhibit K_Optional Services
4. INSURANCE REQUIREMENTS. The Contractor (respondent) 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 Contractor 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. Specific work may require additional
coverage on a case-by-case basis:
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, statutory Workers’ Compensation Insurance
coverage in accordance with the laws of the State of Florida, and Employer’s Liability
Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each
employee each accident, $100,000 (one hundred thousand dollars) each employee by
disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits
afforded under the laws of the State of Florida. Coverage should include 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.
d. If the Contractor is using its own property, or the property of the City or other provider, in
connection with the performance of its obligations under this Agreement, then Contractor’s
Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost
coverage for property and equipment in the care, custody and control of others is required.
e. Professional Liability Insurance coverage appropriate for the type of business engaged in
by the Contractor with minimum limits of $1,000,000 (one 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 prior policy was extended
indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by
a supplemental extended reporting period (ERP) 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.
DETAILED SPECIFICATIONS
CMAR – CWT Bch Marina Dock Replacement 9 RFQ #19-22
f. Contractor shall maintain Pollution Liability Insurance to respond to bodily injury, property
damage, and environmental damaged caused by a pollution incident. The minimum limits of
liability shall be $1,000,000 (one million dollars) per Occurrence/$2,000,000 (two million
dollars) Aggregate for the Project.
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
Contractor 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.” In addition, when
requested in writing from the City, Contractor 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, RFQ #19-22
P.O. Box 4748
Clearwater, FL 33758-4748
b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for
Contractor’s negligence.
d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense,
for any and all claims that may arise related to Agreement, work performed under this
Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City
shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor
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 failure to request evidence of this insurance shall not be
construed as a waiver of Contractor’s obligation to provide the insurance coverage
specified.
MILESTONES
CMAR – CWT Bch Marina Dock Replacement 10 RFQ #19-22
1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. July 2022 to December 2024
If the commencement of performance is delayed because the City does not execute the contract
on the start date, the City may adjust the start date, end date and milestones to reflect the
delayed execution.
2. EXTENSION. The City reserves the right to extend the term of this contract, provided however,
that the City shall give written notice of its intentions to extend this contract no later than thirty
(30) days prior to the expiration date of the contract.
RESPONSE FORMAT
CMAR – CWT Bch Marina Dock Replacement 11 RFQ #19-22
1. RESPONSE SUBMISSION. It is recommended that responses are submitted electronically
through our bids website at https://www.myclearwater.com/business/rfp.
For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified
as ORIGINAL) response, five (5) copies of the response and one (1) copy in an electronic format,
on a disc or thumb drive, in a sealed container using the label provided at the end of this
solicitation.
2. RESPONSE FORMAT - Qualifications shall be submitted in bound volumes on standard 8½" x
11" paper. A single 8½" x 11" sheet printed on both sides is two (2) pages. All information
must be assembled and indexed in the order indicated below. The page count shall not
exceed twenty-two (22) total pages, including typed text, graphics, charts and
photographs. The total page count does not include documents submitted for Tab 2 (c) Reference
Letters, Tab 6 and Tab 7, the tabbed separator pages, cover page, and back page.
TAB 1 – LETTER OF INTEREST (two [2] pages). The cover letter must include the full legal
name of the firm, the following information, and must be signed by an authorized
representative of the company, preferably the president. Offeror must attach proof to the
letter of signing authority for any representative who signs the cover letter other than the
president.
a. A brief summary of the proposing firm’s interest in the providing the requested services
b. A statement of the Offeror’s understanding of the Construction Manager at Risk (CMAR)
services with Guaranteed Maximum Price (GMP) to be provided
c. The address of the office conducting the CMAR services
d. The address of the office that would administer the agreement
e. A list of Corporate officers, partners, or owners of your organization with titles and
addresses. If the Offeror is a publicly held company list chairman of the board, chief
executive officer (CEO), and president.
f. The names(s) of the person(s) that will be authorized to make representations for the
Offeror, including their titles, addresses, telephone numbers, and e-mail addresses
TAB 2 – QUALIFICATIONS, EXPERIENCE, AND REFERENCES (eight [8] pages). Explain
related marine CMAR services for site development and construction experience. Include
examples of similar completed projects, particularly with floating dock marinas.
Provide a list of construction projects with construction value of $5 million or more, both
active and completed in the past seven (7) years. Include the project name, location, owner,
Architect/Engineer, description, dates services were performed for the project; color images
of projects; initial and final construction cost (explain deviations from GMP), including change
orders; initial and final contract duration (explain deviations); type of contract and the stage of
design or construction that the construction contract amount (GMP) was agreed upon.
Specify any marine related services self-performed.
Provide a minimum of three (3) references from similarly complex projects using a CMAR
with the GMP process with a value of $5 million or more within the past seven (7) years.
Reference projects must include:
a. Offeror’s project management team assigned to respective project who will be designated
for this RFQ’s project team
b. Client project manager name, title, email address, and telephone numbers
c. Reference letters from the project owner(s) must be specific to the referenced project (not
included in page count)
TAB 3 – PROJECT APPROACH (six [6] pages). Demonstrate the ability to provide the Concept
Review and Cost Analysis, Pre-construction and Construction Phase services. Expand on
items such as reporting systems, scheduling, construction phasing, cost estimating and value
RESPONSE FORMAT
CMAR – CWT Bch Marina Dock Replacement 12 RFQ #19-22
engineering (VE). Include examples of similar multi-phase projects where these processes
have been used.
a. Explain how the Offeror will provide the: (1) leadership; (2) management; and (3)
administration required to be successful in the development of this project.
b. Explain generally how Offeror will provide the Concept Review and Cost Analysis
Services.
c. Provide a summary of cost control methods for the (1) Pre-construction Phase; and (2)
Construction Phase of the Project.
d. Provide estimated duration of proposed construction phases.
e. Describe how firm will maintain quality control methods for the (1) Pre-construction
Phase; and (2) Construction Phase of the project.
f. Describe how firm will maintain schedule control methods for the (1) Pre-construction
Phase; and (2) Construction Phase of the project.
g. Explain firm’s team approach to resolve potential conflicts with the (1) trade contractors
and (2) City.
h. Provide a brief narrative outlining why your firm is the best qualified to perform the CMAR
services with GMP outlined in this RFQ.
TAB 4 – PROJECT STAFF AND AVAILABILITY (four [4] pages). Provide a list of key
personnel the Offeror will commit to the project for its duration. Identify specific roles for each
listed staff (such as project executive, project manager, on-site senior staff, superintendent
etc.). Confirm that no key staff changes will take place without written authorization of the
City. Identify prior similar projects the key personnel listed have worked on together as a
team on behalf of the Offeror. Demonstrate staff’s knowledge of local work force, permitting
processes, potential challenges on this project and solutions.
Explain how expert sub-contractors in their field will be selected in a cost compatible process.
Provide a list of key sub-contractors, their references, and a Memorandum of Understanding
(MOU) for their commitment to join your team. Identify prior projects the key sub-contractors
have worked on with your team.
TAB 5 – CONSTRUCTION MANAGER AT RISK FEE AND SAFETY RECORD (two [2] pages).
Provide Construction Manager at Risk fee percentage (not dollar amount) of the yet-to-be-
determined Guaranteed Maximum Price.
Provide data on the Offeror’s safety record of the past three (3) years as a percentage of
employees’ direct hire fixed work hours, rounded to the nearest 1,000’s. Data should include:
number of injuries and illness; number of lost time accidents; number of recordable cases;
number of fatalities. Provide number of direct hire fixed hours worked. List your
organization’s Workers’ Compensation Experience Modification Rate (EMR) for the last
seven (7) years as obtained from your insurance agent.
TAB 6 – Litigation. NOTE: this is not considered Confidential or Proprietary information –
any response indicating such may be deemed non-responsive to the RFQ.
a. Provide a complete listing of any convictions or fines incurred by the respondent firm or
any of its principals for violations of any state or federal law within the past three (3)
years. Identify firm’s executives who have current claims or who have participated in
litigation against the City of Clearwater while with another firm. Executives of firms
currently under litigation with the City may not be considered for this project.
b. Provide a complete listing of all litigation involving a construction project or contract
(excluding personal injury and workers’ compensation) whether currently pending or
concluded within the past three (3) years in which the respondent firm was a named
party.
c. Provide a complete listing of all administrative proceedings involving a construction
project or contract, whether currently pending or concluded within the past three (3)
years, in which the respondent firm was a named party. (NOTE: Administrative
RESPONSE FORMAT
CMAR – CWT Bch Marina Dock Replacement 13 RFQ #19-22
Proceedings shall include: (i) any action taken or proceeding brought by a governmental
agency, department, or officer to enforce any law, regulation, code, legal, or contractual
requirement, except for those brought in state or federal courts; (ii) any action taken by a
governmental agency, department, or officer imposing penalties, fines, or other sanctions
for failure to comply with any such legal or contractual requirement; or (iii) any other
matter before an administrative body.)
d. Provide a complete listing of all arbitrations involving a construction project or contract,
whether currently pending or concluded in the past three (3) years, in which the
respondent firm was a named party.
TAB 7 - Other Forms. The following forms should be completed and signed:
a. Exceptions, Additional Materials, Addenda form
b. Company Information form
c. Response Certification form
d. Exhibit C Forms
e. Copy of the firm’s current Florida Department of Business and Professional Regulation’s
License and Contractor License
f. If the firm is a corporation, a copy of the current Florida Corporation Registration
g. W-9 Form. All responses should include a fully completed, most current W-9 form. Failure
to include the W-9 will not disqualify your bid. (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA
CMAR – CWT Bch Marina Dock Replacement 14 RFQ #19-22
Respondents shall indicate any and all exceptions taken to the provisions or requirements 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
Response 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 response
Additional Materials attached (describe--attach additional pages if needed)
Addenda
Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website
at https://www.myclearwater.com/business/rfp prior to the bid opening. Failure to acknowledge any
addenda issued may render a Bid Non-responsive.
Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable):
Addenda Number Initial to acknowledge receipt
Vendor Name__________________________________________________ Date__________________
COMPANY INFORMATION
CMAR – CWT Bch Marina Dock Replacement 15 RFQ #19-22
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 response:
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.
RESPONSE CERTIFICATION
CMAR – CWT Bch Marina Dock Replacement 16 RFQ #19-22
By signing and submitting this Response, the Company 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) 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.
e) 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.
f) 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.
g) 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.
h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and
Rules if awarded by the City.
i) It is current in all obligations due to the City.
j) It will accept such terms and conditions in a resulting contract if awarded by the City.
k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit
binding offers for the 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
CMAR – CWT Bch Marina Dock Replacement 17 RFQ #19-22
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
SEALED RESPONSE
Submitted by:
Company Name:
Address:
City, State, Zip:
RFQ #19-22, CMAR – CWT Beach Marina Replacement
Due Date: May 11, 2022, at 10:00 A.M.
City of Clearwater
Attn: Procurement Division
PO Box 4748
Clearwater FL 33758-4748
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
SEALED RESPONSE
Submitted by:
Company Name:
Address:
City, State, Zip:
RFQ #19-22, CMAR – CWT Beach Marina Replacement
Due Date: May 11, 2022, at 10:00 A.M.
City of Clearwater
Attn: Procurement Division
100 S Myrtle Ave 3rd Fl
Clearwater FL 33756
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------
1) Ajax Building Company, LLC 2) All American Concrete, Inc
109 Commerce Blvd 8770 Somerset Dr
Oldsmar, FL 34677 Largo, FL 33773
813.792.3900 727.524.8755
3) J Kokolakis Contracting, Inc
dba Kokolakis Contracting
202 E Center St
Tarpon Springs, FL 34689
727.942.2211
ADVERTISED: TAMPA BAY TIMES 4/13/2022
POSTED:myclearwater.com 04/07/2022-05/11/2022
Due/Opening: May 11, 2022; 10:00 a.m.
REQUEST FOR QUALIFICATIONS TO BID No. 19-22
Construction Manager at Risk - Clearwater Beach Marina Dock
Replacement
Solicitation Response Listing
FOR THE CITY OF CLEARWATER
TOTAL RANKING
100
JB CC EG MM JW AVG JB CC EG MM JW AVG JB CC EG MM JW AVG JB CC EG MM JW AVG points
1 Ajax Building Company 14 23 28 20 11 19.2 21 19 25 25 18 21.6 9 25 30 25 18 21.4 3 5 5 5 5 4.6 66.80 3
2 All American Concrete, Inc 14 25 35 30 22 25.2 22 23 25 25 22 23.4 15 25 25 25 24 22.8 3 3 1 1 3 2.2 73.60 2
3 J Kokolakis Contracting 14 25 30 30 18 23.4 23 24 30 25 20 24.4 4 26 30 30 21 22.2 3 4 5 5 5 4.4 74.40 1
Michael MacDonald
Jeffrey Walker
Committee Members:
Jeremy Brown
Catherine Corcoran
Eric Gandy
CMAR Fee and Safety Record
(Tab 5)
5 pointsRespondents
EVALUATION SCORING SUMMARY
Qualifications, Experience, and
References
(Tab 2)
35 points
Project Approach
(Tab 3)
30 points 30 points
Project Staff and Availability
(Tab 4)
19-22, CMAR - CWT BCH Marina Dock Replacement
Evaluation and Ranking Summary RFQ 19-22, CMAR-CWT BCH Marina Dock Replacement
Evaluator Name: �/,f.-v z �owt,....) �Ir/re. /
Respondents
11 . ·1d· IAJax Bu, mg Company, LLC
2 IA!i American Concrete, Inc
: I I i I I rl-1 III I 3 IJ Kokclakis Contracting, Inc
I I dba Kokolakis Contracting
C::va:uator Signature:
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Qualifications, Experience, 2nd
References
(Tab 2)
35 points
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Project Approach
(Tab 3)
30 points
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Project Staff anc;
(Tab 4)
30 poi:�,
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Availability
ts
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CMAR Fee and Safety Record
(Tab 5)
5 points
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City of Clearwater
TOTAL RANKING -
.-100 points
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Date: _____ _
Evaluation and Ranking Summary RFQ 19-22, CMAR -CWT BCH Marina Dock Replacement City of Clearwater
Evaluator Name: Cr;rt-bi-..£,·0£., Cereo~
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Qualifications, Experience, and Project Approach Project Staff and Availability CMAR Fee and Safety Record References TOTAL RANKING (Tab 3} (Tab 4) (Tab 5)
(Tab 2)
I
Respondents 35 points 30 points 30 points 5 points 1:00 points
26 \ '1 2 5 5 12. 3
1 Ajax Building Company, LLC
25 23 25 3 -, lt, 2-
2 All American Concrete, Inc
2L.\ 2Lo L\ ,9 \
J Kokolakis Contracting, Inc 25 3 dba Kokolakis Contracting
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Evaluator Signature: ~ ~ Date: 5 I 15 ! 20 2.'2-
Evaluation and Ranking Summary RFQ 19-22, CMAR -CWT BCH Marina Dock Replacement
Evaluator Name: __ E_· _r_·,_c.. __ \:)-=-A._N_J_:J....,_ _______ _
Respondents
1 Ajax Building Company, LLC
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2 All American Concrete, Inc
3 J Kokolakis Contracting, Inc
dba Kokolakis Contracting
Qualifications, Experience, and
References
(Tab2/
35 points
Project Approach
(Tab3/
30 points
Project Staff and Availability
(Tab4/
30 points
CMAR Fee and Safety Record
(Tab SJ
5 points
s
City of Clearwater
TOTAL RANKING
100 points
3
Date: _____.!s~/ { +-1--1!1 {i:__i __ _
Evaluation and Ranking Summary RFQ 19-22, CMAR -CWT BCH Marina Dock Replacement City of Clearwater
Qualifications, Experience, and Project Approach Project Staff and Availability CMAR Fee and Safety Record References TOTAL RANKING
(TabZ) (Tab3/ (Tab •I (TabS)
Respondents 35 points 30 points 30 points 5 points 100 points
1 Ajax Building Company, LLC i.o ~ 7,.-~ ( -rr
""l--S 1..-r l 2 All American Concrete, Inc 3c <o\
3 J Kokolakis Contracting, Inc ~ 2-< )b ~ ~o
dba Kokolakis Contracting
Evaluation and Ranking Summary RFQ 19-22, CMAR -CWT BCH Marina Dock Replacement
Evaluator Name: --s e_:4 l , )r _ \ \-(-"-/' ==
Respondents
1 IAjax Building Company, LLC
2IAII American Concrete, Inc
31J Kokolakis Contracting, Inc
dba Kokolakis Contracting
Qualifications, Experience, and References
(Tab2)
35 points
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City of Clearwater
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Date: -,, ,
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CMAR - Clearwater Beach Marina Replacement
GMP Proposal
0D\, 2024
`
05 202 E. Center Street
Tarpon Springs, FL 34689727.942.2211 ph • 727.937.5708 fax
Integrity@jkokolakis.com
www.jkokolakis.comPREPARED BY:Project Number: 21-0008-MA
RFQ Number: 19-22
TABLE OF CONTENTS
CITY OF CLEARWATER
CLEARWATER BEACH MARINA REPLACEMENT
Section One:
Section Two:
SectionThree:
Section Four:
6HFWLRQ)LYH
Summary of Work
GMP 6XPPDU\
&ODULILFDWLRQV
CPM Schedule
'RFXPHQW/LVW
SECTION ONE
SUMMARY OF WORK
City of Clearwater
Clearwater Beach Marina Replacement
Guaranteed Maximum Price
May 20, 2024
Page 1 of 3
May 20, 2024
City of Clearwater
Mr. Michael MacDonald
25 Causeway Blvd.
Clearwater Florida, 33767
RE: CLEARWATER BEACH MARINA REPLACEMENT (Project: 21-0008-MA / RFQ: 19-22)
Guaranteed Maximum Price (GMP)
Dear Mr. MacDonald,
Thank you for the opportunity to provide Construction Management Services for the new Clearwater Beach Marina
Replacement project. Below is an executive summary and all associated clarifications, assumptions and budget
values are attached.
PROJECT DESCRIPTION
The Clearwater Beach Marina is an existing 165-slip municipal marina located in the Pier 60 district. The City of
Clearwater has operated a Marina at this location since the 1940’s and historical aerials confirm the Marina was
built prior to 1951 and was expanded to how it essentially exists today by 1965. Over the past 50 years the Marina
has been repaired and rehabilitated but never fully replaced. Beach by Design for the Pier 60 District calls for the
beautification of this entire District in conjunction with the construction of the Roundabout and for the development
of a Pier 60 Plaza as a place of assembly on the Beach. The proposed replacement of the Beach Marina will
complete the final stage of this beautification process.
The existing marina offers slips for a variety of boating activities including recreational seasonal and annual leases,
commercial charters, and transient boaters and is home to the finest fishing charters, sightseeing tours, and water
sports activities. The marina property also offers some great amenities, including restaurants, retail, a mini-mart,
four popular restaurants, and marina-focused amenities such as restrooms, showers, and laundry facilities.
The Clearwater Beach Marina Replacement proposes to replace the existing, deteriorating timber docks and
associated utilities with a reconfigured and expanded footprint, providing a new timber boardwalk for the
commercial slips and sustainable and adaptable floating docks for the recreational and transient end users that will
continue to serve the visitors and residents of Clearwater Beach for years to come. The proposed marina
replacement maintains the existing slip count and balance between recreational, commercial, and transient end
users. In addition to the marina docks and utilities, 1300 linear feet of existing seawall will be replaced and raised to
the City’s minimum seawall height, and minor upland improvements are proposed to address the needs of the
commercial boaters, improve access along the City’s marina waterfront, and reduce pedestrian congestion along
Coronado Drive.
The project is located on City of Clearwater property and within submerged lands granted to the City by the State of
Florida in 1925. To maintain all existing activities at the Beach Marina and not lose any commercial, recreational, or
transient boat slips, the replacement must expand out to a larger footprint. The proposed footprint will
accommodate the state-of-the art concrete and aluminium floating docks that are designed to replace the transient
and recreational, slips. The original footprint of the Marina was restrained by the presence of a Federal Channel
that existed just to the south of the existing docks. That segment of the Federal Channel was successfully
deauthorized in December 2022 via a Congressional Act supported by the City of Clearwater. The United States
Army Corps of Engineers supported that deauthorization for the expansion of the marina footprint. The footprint of
the submerged lands deeded to the City in 1925 has never been fully built-out to its full potential. This is the first
opportunity for the Beach Marina to do so and become as world-renowned as its Beach.
City of Clearwater
Clearwater Beach Marina Replacement
Guaranteed Maximum Price
May 20, 2024
Page 2 of 3
The following improvements are proposed as part of the proposed Project:
x Replacement of the existing fixed dock marina with a combination of fixed docks for the commercial slips
and floating docks for the recreational, transient, fuel, and ferry slips.
x Replacement of the overwater marina utilities (water, sewer, fire water, electrical, fuel) with code-compliant
utilities serving the needs of modern recreational vessels.
x Seawall replacement along the west and north sides of marina basin and raising the seawall to be above
the City’s minimum seawall elevation of +5.12’ NAVD (+6.0’ NGVD, MSL).
x Sidewalk replacement and improvements along the northern edge of the marina property with landscaping,
hardscaping, and lighting to activate “Marina Walk” – a pedestrian-friendly waterfront promenade that
extends the full length of the marina’s northern shoreline, connecting Beach Walk to the restaurants and
retail along the marina property, and the commercial boating operations.
x Relocation of the existing overwater accessory buildings for the commercial fleets to the uplands in a plaza
style setting to address the code required removal of these structures from fixed overwater structures. The
creation of the plaza to support the new landward accessory buildings and the resulting reduced Coronado
Drive sidewalk congestion requires the reduction of 38 parking spaces within the existing marina parking
lot.
x Replacement of the existing over-water fuel office building with a floating building (code compliant) of
equivalent size.
x Rehabilitation of a storage room on the south face of the marina building for the marina’s new electrical
equipment.
x Reconfiguration and reduction of marina parking spaces to accommodate new upland amenities for
commercial users.
x ADA compliant docking facility in accordance with the Florida Building Code for Accessibility and the ADA
Guidelines for Recreational boating facilities.
x Additional trench drains will be placed where the exiting parking lot meets the new promenade to convey
storm water into the existing storm system.
x Additional landscaping to meet current City standards.
VALUE ENGINEERING
After final design documents were received, all major trades packages were formally issued for bid. Upon receipt of
all bids, they were carefully reviewed for accuracy and all specified qualification requirements were verified. The post-
bid budget, based on the initial design documents, was $49,037,675. Since this initial bid budget was significantly
over the anticipated budget, an extensive Value Engineering (VE) process was initiated. All aspects of the design
were analyzed and a total of 55 VE items were considered in excess of $7M. Through numerous VE discussions with
the City and design team members, $5.2M of the initial VE list was found to be acceptable. Some of the VE items
were found not to be in the City’s best interest as they sacrificed long-term durability and functionality.
FINAL GMP AMOUNT:$43,469,475 (Including all accepted Value Engineering)
Sincerely,
Roderick C. Voigt
Executive Vice President
City of Clearwater
Clearwater Beach Marina Replacement
Guaranteed Maximum Price
May 20, 2024
Page 3 of 3
Encl: Clarifications and Assumptions, GMP Division Summary, VE Summary, Project Schedule
For work performed, invoices shall be submitted to the City of Clearwater, Marine & Aviation Department, Attn:
Michael MacDonald, Marine and Aviation Operations Manager. 25 Causeway Blvd. Clearwater Florida, 33767.
J. KOKOLAKIS CONTRACTING, INC
DBA Kokolakis Contracting
BY: ____________________________________
Roderick C. Voigt
Executive VP
5/20/24
___________________________________
Date
CITY OF CLEARWATER, FLORIDA
Approved as to form: Attest:
_______________________________ By:_________________________________
David Margolis Rosmarie Call
City Attorney City Clerk
Countersigned:
_________________________________ _____________________________________
Bruce Rector Jennifer Poirrier
Mayor City Manager
_________________________________ _____________________________________
Date Date
SECTION TWO
GMP 6800$5<
Clearwater Beach Marina Replacement
Clearwater Beach, FL
May 20, 2024
CSI Division Description Total
010000.01 General Conditions & Staffing $1,084,651.00
010000.01 General Requirements- Temp. Provisions, MOT,Safety, Cleanup $450,016.00
030000.01 Concrete (In Div. 31 Sitework) in Div 31
040000.01 Masonry $26,495.00
050000.01 Metals $101,223.00
060000.01 Wood Framing- Structures $284,676.00
060000.02 Hardie Plank Siding $202,843.00
060000.03 Counter Tops $36,000.00
070000.01 Roofing & Insulation $57,299.00
080000.01 Doors and Windows $167,327.00
090000.01 Painting & Sealed Concrete $65,081.00
100000.01 Shade Structures $174,084.00
110000.01 Connections to Future Equipment $10,000.00
120000.01 Site Furnishings: benches, Planters and Waste Receptacles $377,274.00
130000.01 Monument Sign $50,000.00
210000.01 Fire Suppression (In Div. 35) In Div 35
220000.01 Plumbing (in Div. 35) In Div 35
230000.01 Heating, Ventilating, and Air Conditioning (In Div. 35) In Div 35
260000.01 Marine & Upland Electrical $5,571,075.00
310000.01 Sitework, Site Utilities, Concrete Plaza $1,463,297.00
310000.02 Temporary Causeway Parking $109,726.00
320000.01 Landscape, Irrigation & Public Art $103,126.00
320000.02 Public Art $200,000.00
350000.01 Marine Construction: Floating Docks, Piles and Seawall $27,326,651.00
350000.02 Overdredge Material $402,904.00
CMAR Contingency $1,000,000.00
Subtotal $39,263,748.00
Owner Contingency (2.3%)$1,000,000.00
Insurance $512,668.00
Performance and Payment Bonds $251,846.00
CM Fee $2,441,213.00
TOTAL $43,469,475.00
Guaranteed Maximum Price
1
Clearwater Beach Marina Replacement
City of Clearwater
May 17, 2024
Item
Number Description Amount
ELECTRICAL
E001 Dock A Cable Routing To Landside At Gangway ($62,884)
E002 Stainless To Polycarbonate Pedestals. On Aluminum
Docks Only ($9,812)
E004 Standard Shore Power & Water Configurations (no 30A
receptacles for 60' Slips)($43,707)
E005 Tier 21 To Tier 8 Handholes ($50,173)
E006 Remove Boat EV Charging Station ($128,221)
E007 Remove Boat EV Charging Station Conductors (install
Conduit)($73,086)
E008 SCH 40 PVC Underground / Under Docks w/G Cable in
lieu of SCH 80 ($18,118)
E009 3/0 & Larger CP XHHW To AL XHHW ($213,934)
E010
Remove the electrical circuits/conductors to the ice
machines since ice machines have been removed from
the project. Keep Conduit for One by Bldg.
($2,007)
KIOSKS
K002 Change SS Countertops to Solid Surface over 2 Layers
of 3/4" PT Plywood ($14,718)
K003 Change from marine-grade wood on buildings to PT.($59,692)
K004 Delete Permit Fees ($95,274)
K005
Shallow Foundations at Kiosks in lieu of deep. 4” slab
with a 24”x16” thickened edge and 8x16 CMU, filled
solid columns to replace wood posts.
($122,266)
K006 Change specified Fiberglass Kiosk Doors to Aluminum
with standard residential locksets.($98,289)
Approved Value Engineering
SITE
S001
Delete S-102 - Free Standing Benches (QTY 5)
Delete S-103 - Planter/Bench Combo Type A (QTY 3)
Delete S-107 - Multi Level Seating
Delete S-108 - Bulkhead Bench(ALL)
Delete S-109 - Apex Receptacle (Qty 1)
Delete W-101 - Destination Node Seating
($249,702)
S002 Delete Shade Structures- QTY- 3EA (keep foundations)($63,776)
S003 Change Plaza sidewalk from as-designed to exposed
aggregate.($5,613)
S004 Delete Ice Machines ($222,993)
S006 Remove Walkway and Destination Node ($119,200)
MARINE
M001 Alt 1 (Orange) - Width and Member Size Reduction ($57,686)
M002 Alt 2 (Blue) - Removing Finger Piers Between Docks B
& D, Add Mooring Piles ($190,664)
M005 Timber Pile Diameter Reduction from 14" to 12" at
Boardwalk Only ($36,040)
M006 Timber Pile Length Reduction from Drilled to Refusal
at Boardwalk Only ($340,644)
M007 Hardware Downgrade from grade 316 to 304 ($83,545)
M010 Delete Allowance for Existing Dock Repairs ($334,490)
M012 Delete Fish Cleaning Stations as noted ($68,102)
M013 Reduce Base Dredge Amounts by 623 CY per drawing.($60,533)
M014 Reduce Overdredge Amounts by 346CY per drawing.($60,567)
Recreational Floating Docks - B, C and D -
ALUMINUM:
Dock BCD-001 Change Docks B, C & D Docks from concrete to heavy
duty aluminum. ($1,916,681)
Dock BCD-002 Alt. 3 (Green) - Remove Timber Fender Piles ($277,594)
Dock BCD-003 Reduce Dock Lengths per Drawing ($71,712)
Fuel Dock - A Dock:
Dock A-007 Dock-A: Remove 4ea jet ski Docks ($5,575)
Dock A-008 Dock-A: Change hardware from 316L to 304 stainless ($11,150)
TOTAL ($5,168,447)
CAUSEWAY BOULEVARDEXISTING DOCK (TYP)SOUTHERN BOUNDARY OF THEF.S. CH 11050 SUBMERGED LANDSGRANTED TO THE CITYBCORONADO DREXISTINGMARINA BUILDINGEXISTINGRESTAURANT62' OFFSETLIMITS OF SEAGRASS6'DREDGE TO -8.0' NAVD(-6.72 MLW)DREDGE TO -10.0' NAVD(-8.72 MLW)ADREDGING TRANSITIONBASELINEEXISTING BAIT HOUSERESTAURANTMANDALAY CHANNELEXISTINGOVERWATERDECKLIMITS OF DREDGINGDREDGE TO-6.0' NAVD(-4.72 MLW)6' CLEAR FROM WATERSIDEFACE OF BULKHEADCLEAR WATERRETURN LINE0+00
1+00
2+00
3+00
4+00
5+00
6+00
7+00
8+00
9+00
10+00
11+0012+0013+0013+22CSFSFSFSFSFSF SFSFSFSFDREDGE MATERIALCONTAINMENT AREA50'200'REVISIONBY DATEDATE DRAWN:DESIGNED BY:DRAWN BY:REVIEWED BY:CITY PROJECT NO.:CITY OF CLEARWATER, FLORIDAENGINEERING DEPARTMENT100 S. MYRTLE AVE.CLEARWATER, FL 33756CLEARWATER BEACH MARINA REPLACEMENTM&N JOB NO.: CHECKED BY:SHEET REFERENCE NO.INDEX: OF 100% DRAWINGSISSUED: 2024-03-04----SUBMITTED BY:CITY PLAN SET NO.:21-0008-MA2021015211223NORIGINAL DREDGING QUANTITIESAREA (SF) VOLUME (CY)DREDGE MATERIAL68,792 3,7141' OVERDREDGEALLOWANCE68,792 2,548LEGENDDREDGING AREA CITY OWNED SUBMERGED LANDSLIMITS OF DREDGINGSILT FENCEEXISTING SEAGRASSDREDGING PLANCG1012023-11-17JPMDNCKTNMS17NICOLE M SHAW, PENOTES1. DREDGING SHALL NOT COMMENCE PRIOR TOINSTALLATION OF PROPOSED BULKHEADREPLACEMENT.2. SEDIMENT SAMPLING TEST RESULTS INDICATEDREDGING MATERIAL CONCENTRATIONS EXCEEDFDEP SOIL CLEANUP TARGET LEVELS. CONTRACTORSHALL DISPOSE OF DREDGE MATERIAL AT ANAPPROVED LANDFILL IN ACCORDANCE WITHENVIRONMENT PERMITS AND TECHNICALSPECIFICATIONS.50' 0'50'100'SCALE: 1''=50'SFREDUCED DREDGING QUANTITIESAREA (SF) VOLUME (CY)DREDGE MATERIAL59,463 3,0911' OVERDREDGEALLOWANCE59,463 2,202~17% decrease inbase dredge quantity~14% decrease inoverdredge allowancequantityoriginal dredgefootprintupdated dredgefootprintDREDGE DEPTH REDUCED TO -7' NAVD (-5.72' MLW)
~417'26.5'25'slight angle shift(updated to 60' slips)~37'60'18'remove jetski dock
8'8'70'keep the 90' slip (undersized FP)
20'298'8'8'17'91.5'
SECTION THREE
&/$5,),&$7,216
Clearwater Beach Marina Replacement
GMP Proposal
May 20, 2024
Page 1 of 3
Clarifications
This GMP proposal incorporates the following clarifications and assumptions regarding the project that
further explains the scope, responsibility, and allowance amounts. The following is a summary of these
clarifications.
General Clarifications
1. This GMP Proposal is based on the Clearwater Beach Marina Replacement 100% Bid Documents
issued by Moffatt Nichol, dated December 20, 2023 and all accepted Value Engineering (list
attached).
2. The cost for Builder’s Risk insurance is excluded as this will be provide by the City of Clearwater.
3. Premiums for Construction Manager General Liability, Automobile and Excess Liability have been
allocated to this project and are included as a Lump Sum.
4. Performance and Payment Bond premiums have been included. The premium allocation will be
included with the first requisition for payment.
5. Building Permit and Impact Fee costs of any kind are not included as they are to be paid directly
by the Owner or will be treated as a reimbursable outside of the cost of the GMP. Permits
associated with Water Management Districts, Florida Department of Environmental Protection
(including air quality, water, sanitary sewer, Asbestos Abatement or Lead Abatement) are to be
procured by others.
6. A lump Sum Owners Contingency in the amount of $1,000,000 is included in this GMP budget.
There is no CM Fee applied to this value. Release of funds shall be by formal City approval.
7. All warranties commence on the date of project substantial completion or beneficial use.
8. The cost for temporary water and electric usage fees are not included as they are available on site.
9. The cost for temporary CMAR field management trailers is excluded as there is available office
space on site.
10. The project schedule assumes that the work will take place in (2) phases to maintain slips available
for the Commercial Fleet to remain in the Marina during Construction. The city is responsible for
coordinating all moves and notices to the existing slip customers.
11. Estimate and schedule does not include excessive material price increases or excessive supply
chain disruption should an unusual event occur.
Clearwater Beach Marina Replacement
GMP Proposal
May 20, 2024
Page 2 of 3
12. Excludes any City of Clearwater parking fees as there will be fenced areas for construction
operations to park.
13. The City has granted use of the City lot on Sand key for the staging and storage of construction
related materials.
14. Includes temporary parking along the causeway that will have two distinct sections for CMAR
operations and for City use. The City use area shall be under City Insurance not by CMAR.
Preliminary layout attached.
Scope Clarifications
The following items were specifically included as part of the GMP Design Document Estimate:
1. Shop Drawings for docks shall be stamped by a registered professional engineer licensed in the
State of Florida as indicated in the bid documents.
2. GMP includes Bid Alternate #1: Aluminum Floating Docks (B,C,D)
3. Excludes underground fuel tank modifications – all fuel line connections and modifications will begin
at the seawall.
4. Excludes repairs to the existing dock system for temporary use.
5. Excludes the cost to modify or relocate the existing 16” watermain.
6. Currently there are no existing below water utilities known to conflict with the areas of work on this
project. Work shall is budgeted based on clear access.
7. Includes sales tax.
8. Includes an allowance of $200,000 for Public Art.
9. Includes an allowance of $50,000 for a Monument Sign not yet designed.
10. Includes an allowance of $15,000 for the additional 100A of capacity to the Tour Boat pedestal.
11. Includes an allowance of $35,000 for the additional 300A to the Tour Boat slip.
12. Includes and allowance for over-dredge: 2,202 CY @ $157/cy= $345,714
Clearwater Beach Marina Replacement
GMP Proposal
May 20, 2024
Page 3 of 3
13. General Exclusions:
x Geotechnical investigations.
x Underwater lighting.
x Manatee monitoring.
x Seagrass Monitoring
x Temporary fueling services.
x Hazardous material testing.
x Directional Boring
x Any modifications to existing lift stations.
x Installation of low voltage items shall be by others. Conduit rough-in with pull string will be
provided as indicated on the drawings.
x Primary Power.
x Concrete Duct Banks.
x Vending Machines.
x Ice machines
x Cathodic Protection.
x Painting of Conduit or Piping.
x UNDERGROUND FUEL TANK MODIFICATIONS Excluded – all fuel line connections and
modifications will begin at the seawall.
x Modification or relocation of unknown existing underground utilities to facilitate the work.
x Epoxy coated rebar is excluded.
End of Clarifications and Assumptions
Approved2024-K-799-00032Chris M. Gregory5/8/20247HPSRUDU\3DUNLQJ
SECTION FOUR
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GMP
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Clearwater City Council
Beach Marina Presentation
Project Goals
•Replace aging docks
•Replace/modernize marina
utilities
•Optimize marina slip
•mix and layout
•Maximize city-owned
submerged lands;
maintain existing slip
count and balance
•Provide upland storage and
ticket sales opportunities
2
Project Goals
•Reduce congestion along Coronado Drive
•Activate “Marina Walk”
•Maintain commercial
operations during
construction
•Provide two boat slips
for water taxi
•Replace and raise seawall
3
1.Wade Trim Study 2005, URS 2015, L&A 2018, Reuben
Clarson 2020
2.Moffatt & Nichol EOR April 2021
3.Market Study &Tenant Outreach Jan. 2022
4.Masterplan presented to Council Oct. 2022
5.Final Design presented to Council Nov. 2023
6.CMAR GMP Dev. & VE: Dec. 2023 to May 2024
7.Permitting:
▪Federal channel deauthorized Dec. 2022
▪FDEP ERP permit authorized June 2023
▪FDEP stormwater exemption authorized Sept. 2023
▪Lvl. 2 Flex. Dev. Order approved by CDB Oct. 2023
▪Army Corps (pending)
▪Pinellas County PCWNCA (pending)
▪City Building Dept. (16 permits pending)
8.Grants
▪Sportfish Restoration (pending)
▪Tourism Development Council (pending)
▪FDEP Resilience (pending)
▪Clean Vessel Act (pending)
What’s Next?
▪CMAR GMP Approval June 2024
▪Building Permit Approval Sept. 2024
▪Construction Start Oct. 2024
▪Construction Complete May 2026
4
Project Risks
▪Inflation and Supply chain issues
▪Tropical Storms
▪Temporary Parking Reduction
Project Progress
5
FDOT Approved Temporary Parking
6
Project Area Areas removed
7
8
9
10
Marina Walk West Plaza
11
▪Marina maintains same slip count and
balanced slip mix.
▪Commercial boat slips remain docked
along perimeter of marina with fixed
docks as requested by the operators.
▪Resilient floating docks provided for
non-commercial end users.
▪Fixed docks and gangway access
platforms raised 15” to 24” to
accommodate rising water levels.
Final Design Summary
Final Design Summary
12
▪Seawall replacement raises cap by
15” to 18” to meet minimum cap height of
6’ NGVD (5.12’ NAVD).
▪“Marina Walk” extends Beach Walk with
shade and seating.
▪Kiosks located upland near primary dock
entrances, away from Coronado Dr.
▪ADA-compliance.
CMAR GMP Development Process
13
▪CMAR Bid Doc. Completed & Advertised, Dec. 2023.
▪CMAR Bid Closed, March 2024.
▪Five marine contractor bids received, after review
two found to be responsive (meeting bid’s requirement
for experience, etc.).
▪Of the two responsive marine bids, L.R.B. was only
1.4% lower (close competition). The marine scope
accounts for 63% of the GMP.
▪Two Electric bids were deemed responsive. They were
within 5% of each other. Electric scope is 13% of the
GMP. Together Marine and Elect are 76% of GMP.
▪CMAR issued draft GMP Proposal of $49.3 million, April
2024.
▪CMAR, EOR & City’s Value Engineering exercise
reduced GMP by $5.8 million resulting in a final CMAR
GMP of $43.5 million, May 2024.
Primary Material Cost: Aluminum ($/Ton)
14
▪2nd Qrt/1st Qrt ($2,575/2,200), +17%
▪Source: Business Insider
Primary Material Cost: Copper ($/lbs)
15
▪2nd Qrt/1st Qrt ($4.60/3.80), +21%
▪Source: Macrotrends
Clearwater City Council
Beach Marina Presentation
Questions
1
Construction Manager at Risk
Kokolakis Contracting
RFQ 19-22, CMAR – Clearwater Beach Marina Replacement
CMAR Contract
This CONTRACT made and entered into on this _____ day of _______________, 20__, by
and between the City of Clearwater, Florida, a Florida municipal corporation, hereinafter
designated as the “City” or “Owner”, and J. Kokolakis Contracting, Inc., a New York corporation
authorized to do business in Pinellas County and the State of Florida, hereinafter designated as
the “Construction Manager”. The contracting entities shall collectively be known as the “Parties”.
WITNESSETH:
WHEREAS, the Clearwater City Council has approved using the Construction Manager at Risk
approach on appropriate projects as determined by the City’s Engineering Department; and
WHEREAS, the City desires to engage the services of the Construction Manager to provide
management of the necessary construction, design, and preconstruction services (collectively
referred to as the “Services”) subject to the terms and conditions set forth in this Contract and any
agreement incorporated into this Contract by reference; and
WHEREAS, the City selected the Construction Manager in accordance with the City’s competitive
selection process based on information and representations given by the Construction Manager
in a response to Request for Qualifications, RFQ 19-22.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES THAT THE ABOVE
RECITALS AND REPRESENTATIONS ARE TRUE AND ACCURATE AND ARE
INCORPORATED HEREIN BY REFERENCE AND THE PARTIES FURTHER AGREE AS
FOLLOW:
ARTICLE 1: SCOPE OF WORK, CONTRACT DOCUMENTS, AND TERM
1.1 The Construction Manager and its successors, assigns, executors or administrators, in
consideration of the sums of money, as herein after set forth to be paid by the City to the
Construction Manager, shall and will at its own cost and expense perform all labor, furnish
all materials, tools and equipment for all individual projects assigned as a result of this
Contract.
1.2 For each individual project assigned, in accordance with such proposal and technical
supplemental specifications and such other special provisions and drawings, if any, which
will be submitted by the City, together with any advertisement, instructions to bidders,
general conditions, proposal and bond, which may be hereto attached, and any drawings, if
any, which may be herein referred to, are hereby made a part of this Contract, and all of said
work to be performed and completed by the contractor and its successors and assigns shall
be fully completed in a good and workmanlike manner to the satisfaction of the City.
1.3 Unless otherwise specified in this Contract, all work shall be completed in accordance with
Section III and Section IV of the City of Clearwater Contract Specifications (the
2
“Specifications”). For the purposes of this Contract, the term “Contractor” in Section III shall
include the Construction Manager. The Specifications, as may be supplemented and
changed, along with this Contract constitute the “Contract Documents”. All terms and
conditions set forth in RFQ 19-22 , Standard Terms and Conditions are incorporated by
reference and attached hereto. Any inconsistency in documents relating to this Contract shall
be resolved by giving precedence in the following order: (i) Proposals(s); (ii) this Contract
and any amendments; (iii) the Specifications; and (iv) RFQ 19-22 , Standard Terms and
Conditions.
1.4 The term of this Contract shall commence upon execution of this Contract by the Parties
and shall terminate after completion and acceptance of the project(s) as provided herein and
upon final payment in accordance with the Contract Documents.
ARTICLE 2: CONSTRUCTION MANAGER’S DUTIES AND STATUS
2.1 The Construction Manager recognizes the relationship of trust and confidence established
between it and the City by this Contract, and agrees with the City to furnish its best skill and
judgment and the overall supervision of its executives; to furnish efficient business
administration and superintendence; and to use every effort to keep upon the project site at
all times an adequate supply of workforce and materials to secure its execution and
completion in the most expeditious and economical manner.
2.2 The Construction Manager represents that it has made a thorough examination of the
premises and is thoroughly familiar with the conditions under which it is to work.
2.3 The Construction Manager agrees to perform and complete the Services in accordance
with laws, rules, and regulations of all governmental authorities and departments thereof.
2.4 The Construction Manager agrees to cooperate with the City, the architect-engineer, and
any other design professional in all respects, including, but not limited to, providing necessary
preconstruction services, such as evaluation of methods, availability and costs of the various
components of the Services while under design consideration; supervising the Services and
the progress thereof; the coordination of the Services and suggesting changes in the
Services; and supplying information as to costs and availability of materials and methods of
construction in order, amongst other things, to reduce costs wherever the same may be
practicably consistent with the quality of the Services presented in the Contract Documents.
2.5 The Construction Manager agrees to the following:
a) In connection with the performance of work under this Contract, the Construction Manager
agrees not to discriminate against any employee or applicant for employment because of
race, sex, religion, color, national origin, or any other protected class under federal or
state law. The aforesaid provision shall include, but not be limited to, the following
employment:
- upgrading
- demotion or transfer
- recruitment or recruitment advertising
3
- lay-off or termination
- rates of pay or other forms of compensation; and
- selection for training, including apprenticeship
b) The Construction Manager agrees to post hereafter in conspicuous places, available for
employees or applicants for employment, notices to be provided by the contracting officer
setting forth the provisions of the non-discrimination clause.
c) The Construction Manager further agrees to insert the foregoing provisions in all
contracts hereunder, including contracts or agreements with labor unions and/or
worker’s representatives, except sub-contractors for standard commercial supplies or
raw materials.
ARTICLE 3: SCOPE OF THE SERVICES
3.1 The services that the Construction Manager shall provide include but are not limited
to those described in the following sections.
3.2 Reporting. Written reports shall be provided with the monthly pay requests as follows:
a) A monthly executive summary which provides an overview of current issues and pending
decisions, future developments and expected achievements, and any problems or delays,
including code violations found by any permitting agency.
b) A monthly construction progress report that includes a cost narrative, a scheduling
narrative, and a summary of the work of the various subcontractors. This report shall
include information from the weekly job site meetings as applicable such as:
- general conditions
- long lead supplies
- current deliveries
- safety and labor relations programs permits
- construction problems and recommendations; and
- plans for the succeeding month
3.3 Scheduling
a) Upon award of this Contract, the Construction Manager shall submit a master project
schedule covering the planning and design approvals, construction, and Owner
occupancy of the project. This schedule will serve as the framework for the subsequent
development of all detailed schedules. The master project schedule shall be produced
and updated monthly throughout the project.
b) Within thirty (30) days after the date of the Owner’s issuance of a Notice to Proceed, the
Construction Manager shall prepare and submit to the Owner two copies of a Critical Path
Method (CPM) construction schedule graphically depicting the activities contemplated to
occur as a necessary incident to performance of the work required to complete the project,
showing the sequence in which the Construction Manager proposes for each such activity
to occur and duration (dates of commencement and completion, respectively) of each
4
activity.
c) Following development and submittal of the construction schedule, the Construction
Manager shall, at the end of each calendar month during the project, or at such earlier
intervals as circumstances may require, update and/or revise the construction schedule
to show the actual progress of the work performed and the occurrences of all events which
have affected the progress of performance of work already performed or will affect the
progress of the performance of the work yet to be performed in contrast with the planned
progress of performance of such work, as depicted on the original construction schedule
and all updates and/or revisions thereto as reflected in the updated and/or revised
construction schedule last submitted prior to submittal of each such monthly update
and revision. Each such update and/or revision to the construction schedule shall be
submitted to the Owner in duplicate.
d) The Construction Manager shall provide current scheduling information and provide
direction and coordination regarding milestones, beginning and finishing dates,
responsibilities for performance and the relationships of the Construction Manager’s work
to the work of his subcontractors and suppliers to enable them to perform their respective
tasks so that the development of construction progresses in a smooth and efficient
manner in conformance with the overall project schedule. The schedule shall include all
phases of the construction work, material supplies, long lease procurement, approval of
shop drawings, change orders in progress, schedules for change orders, and performance
testing requirements. The Construction Manager shall advise the Owner, its
representatives and the architect-engineer of their required participation in any meeting
or inspection giving each at least one-week notice unless such notice is made impossible
by conditions beyond his control. The Construction Manager shall hold job- site meetings
at least once each month with the construction team and at least once each week with
the subcontractors and the architect-engineer’s field representative, or more frequently as
required by work progress, to review progress, discuss problems and their solutions and
coordinate future work with all subcontractors.
e) Twice per month corresponding as closely as possible with progress review meetings,
a “two-week” look ahead report shall be prepared and submitted to Owner and architect-
engineer.
3.4 Design Review and Recommendations
a) The Construction Manager shall be thoroughly familiarized with the evolving
architectural, civil, mechanical, plumbing, electrical and structural plans and specifications
and shall follow the development of design through the Contract Documents. The
Construction Manager shall make recommendations with respect to the selection of
systems and materials, and cost reducing alternatives including assistance to the
architect-engineer and Owner in evaluating alternative comparisons versus long-term
cost effect. The evaluation shall speak to the benefits of the speed of erection and early
completion of the project. The Construction Manager shall furnish pertinent information
as to the availability of materials and labor that will be required. The Construction
Manager shall submit to the Owner and the architect-engineer such comments as may
be appropriate concerning construction, feasibility, and practicality. The Construction
5
Manager shall bring to the Owner and the architect-engineer’s attention any apparent
defects in the design, drawing and specifications, or other documents. The Construction
Manager shall prepare an estimate of the construction cost at appropriate milestones
during the design and shall evaluate such estimate with the project budget. The
Construction Manager shall recommend cost saving alternatives, as appropriate, at each
design milestone. At each design milestone the Owner, the architect-engineer, and
Construction Manager shall conduct a value engineering review.
b) After receiving the construction documents for each phase of the project, the Construction
Manager shall perform a specific review thereof. Promptly after completion of the review,
the Construction Manager shall submit to the Owner, with a duplicate to the architect-
engineer, a written report covering suggestions or recommendations previously
submitted, additional suggestions or recommendations as the Construction Manager may
deem appropriate, all actions taken by the architect-engineer with respect to same, and
any comments he may deem to be appropriate with respect to separating the work into
separate contracts and/or alternative materials.
c) At completion of the Construction Manager’s review of the plans and specifications, except
only as to specific matters as may be identified by appropriate comments pursuant to this
section, the Construction Manager shall warrant, without assuming any architectural or
engineering responsibility, that the plans and specifications are consistent, practical,
feasible and constructible. The Construction Manager shall warrant that the work
described in the plans and specifications for the various bidding packages is constructible
within the scheduled construction time.
d) The Construction Manager shall review the design for the purpose of identifying long
lead procurement items (i.e. machinery, equipment, materials, and supplies). When
each item is identified, the Construction Manager shall notify the subcontractors, the
Owner, and the architect-engineer of the required procurement and schedule. Such
information shall be included in the bid documents and made a part of all affected sub-
contracts. As soon as the architect-engineer has completed drawings and technical
specifications and the Construction Manager has obtained permitting approval, the
Construction Manager shall prepare invitations for bids. The Construction Manager
shall keep informed of the progress of the respective subcontractors or suppliers,
manufacturing or fabricating such items and advise Project Director, Owner and the
architect-engineer of any problems or prospective delay in delivery.
3.5 Staffing. Key personnel assigned to City projects by the Construction Manager shall not be
removed from the project until alternate personnel acceptable to the City are approved in
writing by the City.
3.6 Soliciting Bids
a) Without assuming responsibilities of the architect-engineer, and unless waived in writing by
the Owner, the Construction Manager shall prepare invitations for bids, or requests for
proposal when applicable, for all procurements of long lead items, materials and services,
and for Subcontractor contracts. Such invitations for bids shall be prepared in accordance
with the following guidelines:
6
i) Contracts totaling one thousand dollars ($1,000.00) but not exceeding ten thousand
dollars ($10,000.00) may be entered into by the Construction Manager with the firm which
is qualified and submits the lowest verbal quotation. The Construction Manager shall
obtain a minimum of two (2) verbal quotations. These quotations shall be entered on a
bid tabulation sheet and a copy of such tabulation sent to the Owner, the architect-
engineer and to each firm. The successful quotation shall be confirmed by written contract
or purchase order to the low bid firm defining the scope and quality of work to be provided.
ii) Contracts totaling ten thousand dollars ($10,000.00) but not exceeding two hundred
thousand dollars ($200,000.00) may be entered into by the Construction Manager with
the firm who is qualified and submits the lowest responsive proposal. The Construction
Manager shall request at least three (3) firms to submit sealed written proposals based
on written drawings and/or specifications. The written proposals shall all be opened
publicly at the location, date and time named by the Construction Manager in his request
for proposal. A tabulation of the results shall be furnished to the Owner, architect-engineer
and to each firm.
iii) Contracts totaling two hundred thousand dollars ($200,000.00) but not exceeding five
hundred thousand dollars ($500,000.00) may be entered into by the Construction
Manager with the firm who is pre-qualified and submits the lowest responsive proposal.
The Construction Manager shall advertise these projects at least once with the last
advertisement appearing at least twenty-one (21) calendar days prior to the established
bid opening date. These proposals shall be based on approved plans and specifications.
Bids shall be received and opened publicly at the location, date and time established in the
bid advertisement.
iv) Contracts totaling five hundred thousand dollars ($500,000.00) or greater shall
be treated the same as described under iii) above except that the advertisement shall be
run for at least thirty (30) days prior to the established bid opening and at least five (5) days
prior to any scheduled pre-bid conference.
v) Individual purchases of materials or rentals or leases of equipment of up to
nine hundred and ninety-nine dollars and ninety-nine cents ($999.99) each may be made
without bids or quotes when reasonably necessary to expedite work on the project;
however, the Construction Manager shall not divide or separate a procurement in order to
avoid the requirements set forth above.
vi) Site utilities may be acquired at market rates from the entity(ies) providing such in the
franchise area.
b) For each separate construction contract exceeding thirty-five thousand dollars
($35,000.00), the Construction Manager shall, unless waived by Owner, conduct a pre-bid
conference with prospective bidders, the architect-engineer, and the Owner. In the event
questions are raised which require an interpretation of the bidding documents or otherwise
indicate a need for clarification or correction of the invitation, the Construction Manager shall
transmit these to the architect-engineer and upon receiving clarification or correction in writing
shall prepare an addendum to the bidding document, and issue same to all of the prospective
7
bidders.
3.7 Quality Control. The Construction Manager shall develop and maintain a program, acceptable
to the Owner and the architect-engineer that assures quality control of the construction.
The Construction Manager shall supervise the work of all subcontractors providing instruction
to each when their work does not conform to the requirements of the plans and specifications
and shall continue to assert influence and control over each subcontractor to ensure that
corrections are made in a timely manner so as to not affect the efficient progress of the work.
Should disagreement occur between the Construction Manager, the Owner, or the architect-
engineer over acceptability of work and conformance with the requirements of the
specifications and plans, the Owner shall be the final judge of performance and acceptability.
3.8 Subcontractor Interfacing. The Construction Manager shall be the single point of interface
with all subcontractors for any work done under this Contract. The Construction Manager
shall negotiate all change orders, field orders and request for proposals, with all affected
subcontractors and shall review the costs of those proposals and advise the Owner and the
architect-engineer of their validity and reasonableness, acting in the Owner’s best interest
prior to requesting approval of each change order from the Owner. Before any work is begun
on any change order, a written authorization from the Owner must be issued. When health
and safety are threatened, however, the Construction Manager shall act immediately to
remove such threat to health and safety. The Construction Manager shall also carefully
review all shop drawings and then forward the same to the architect-engineer for review and
actions. The architect-engineer will transmit them back to the Construction Manager who will
then issue the shop drawings to the affected subcontractor for fabrication or revision. The
Construction Manager shall maintain a record to promote expeditious handling. The
Construction Manager shall request the architect-engineer to make interpretations of the
drawings or specifications requested of him by the subcontractors and shall maintain a record
to promote timely response. The Construction Manager shall advise the Owner and the
architect-engineer when timely response is not occurring on any of the above. The
Construction Manager shall collect, review, and submit to the Owner, all project closeout
documentation including operation, maintenance, and training manuals.
ARTICLE 4: MAXIMUM PROJECT COST AND FEES FOR SERVICES
4.1 Guaranteed Maximum Price for Construction
a) When the construction documents are sufficiently complete to establish the scope of work
for the project or any portion thereof, the Construction Manager will establish and submit in
writing to the Owner for his approval a Guaranteed Maximum Price (“GMP”) guaranteeing the
maximum price to the Owner, for the construction cost of the project or designated part thereof.
Such GMP will be subject to modification for changes in the project as provided in article 4.1(e)
below. Actual price paid for the work by the Owner, however, shall be the actual cost of
all work subcontracts, supply contracts, direct labor costs, direct supervision costs and direct
job costs, plus the Construction Manager’s fees or the GMP, whichever is less when the work
is complete. Invoicing shall occur monthly for completed work with 5% retainage withheld
until final completion and acceptance of all work covered in the Contract Documents in
accordance with the City’s general conditions. GMP Proposals will be incorporated by
8
reference and attached hereto as exhibits.
b) At the time of submission of a GMP, the Construction Manager will verify the time schedule
for activities and work which were adopted and used to determine the Construction
Manager’s cost of work. In addition to the cost of work, a GMP will include an agreed
upon sum as the construction contingency which is included for the purpose of defraying
the expenses due to unforeseen circumstances relating to construction. The Construction
Manager will be required to furnish documentation evidencing expenditures charged to the
contingency prior to the release of funds by the Owner. If bids are received below the
applicable line items in the GMP, the surplus will be added to the contingency.
c) If bids are received above the applicable line item in the GMP, the deficiency will be taken from
the contingency; however, such occurrence shall not be cause to increase the GMP.
d) If bids are not received for a portion of the work at or below the applicable line item
amount in the GMP, the Construction Manager reserves the right to perform that portion of
the work as acknowledged by the Owner or negotiate for its performance for the specified
line item lump sum amount or less.
e) The increase or decrease in the GMP resulting from a change in the project shall be determined
in one or more of the following ways:
i) By mutual acceptance of a lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation by the Architect-Engineer and Owner;
ii) By unit prices stated in the agreement or subsequently agreed upon;
iii) If none of the methods is agreed upon, the Construction Manager, provided it has
received a signed written order by the Owner, shall promptly proceed with the work involved.
The cost of such work shall then be determined on the basis of the reasonable expenditures
and savings of those performing the work attributed to the change. In the event a change
order is issued under these conditions, however, the architect-engineer will establish an
estimated cost of the work and the Construction Manager shall not perform any work whose
cost exceeds that estimate without prior written approval by the Owner. In such case, the
Construction Manager shall keep and present, in such form as the Owner may prescribe,
an itemized accounting together with appropriate supporting data of the increase in the cost
of the project. The amount of decrease in the GMP to be allowed by the Construction Manager
to the Owner for any deletion or change which results in a net decrease in cost will be the
amount of the actual net decrease;
iv) The architect-engineer will have authority to order minor changes in the project not
involving an adjustment in the GMP or an extension of the Construction completion date and
not inconsistent with the intent of the drawings and Specifications. Such changes shall be
affected by written order. Documentation of changes shall be determined by the architect-
engineer. Changes shall be approved by the architect-engineer.
4.2 Construction Manager’s Fee. In consideration of the performance of the contract, the
Owner agrees to pay the Construction Manager as compensation for his services, fees as
9
set forth below:
Preconstruction Phase Fee. This fee shall be based on design costs if applicable,
constructability review, value engineering and fee determination of Guaranteed Maximum
Price. The fee for this phase in the amount of ninety-nine thousand and two hundred
and sixty-four dollars ($99,264.00) shall be paid at the negotiated price upon receipt of
the GMP. Preconstruction service proposals will be incorporated by reference and attached
hereto as exhibits.
Construction Phase Fee. Prior to commencement of the construction phase, the Owner
will direct the Construction Manager in writing to proceed into the construction phase. The
Construction Manager’s compensation for work or service performed during the construction
phase shall be a fee of $ TBD. The construction phase fee shall be invoiced and paid in $
TBD months. Payments will be remitted monthly at the cost of $ TBD each and one final
monthly payment of $ TBD. The first monthly payment shall become due thirty (30) days
following the issuance of the first construction authorization and the final monthly payment
shall be paid only when construction of the project is completed and occupancy of the project
is accepted by the Owner. If construction is authorized only for a part of the project, the
fee paid shall be proportionate to the amount of work authorized by the Owner.
ARTICLE 5: TERMINATION AND TIME OF THE ESSENCE
5.1 If the Construction Manager is adjudged bankrupt or makes a general assignment for the
benefit of creditors, or if a receiver is appointed on account of its insolvency, or if refuses or
fails, except in cases for which an extension of time is provided, to supply enough properly
skilled workmen or proper materials for the Services, or otherwise be guilty of a substantial
violation of any provision of this Contract as determined by the certificate of the architect-
engineer, the Owner may, without prejudice and reserving any other right or remedy the
Owner may have, after giving the Construction Manager seven (7) days’ written notice,
terminate this Contract with the Construction Manager and take possession of the premises
and all materials, tools, and appliances thereon and finish the project in whatever manner
the Owner may deem expedient. The City may also terminate this Contract pursuant to
Article 15, Section III of the Specifications.
5.2 It is mutually agreed between the Parties hereby that time is of the essence of this Contract,
and in the event that the substantial completion date is not achieved within the time
stipulated herein, it is then further agreed that the City may deduct from such sums or
compensation as may be due to the Construction Manager, the sum of one thousand
dollars ( $1,000.00) per day for each day that the work to be performed by the
Construction Manager remains incomplete beyond the time limit specified herein, which
sum of one thousand dollars ($1,000.00) per day shall only and solely represent damages
which the City has sustained by reason of the failure of the Construction Manager to
complete the work within the time stipulated, it being further agreed that the sum is not to
be construed as a penalty but is only to be construed as liquidated damages for failure of
the Construction Manager to complete and perform all work within the time period as specified
in this Contract.
10
ARTICLE 6: INDEMNIFICATION
6.1 To the fullest extent permitted by law, Construction Manager 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 the Construction Manager, its contractors, subcontractors, agents, employees,
or personnel under this Contract; (ii) any negligent acts, errors, mistakes or omissions by
Construction Manager, its contractors, subcontractors, agents, employees, or, personnel;
and (iii) Construction Manager, its contractors, subcontractors, agents, employees, or
personnel failure to comply with or fulfill the obligations established by this Contract.
6.2 The Construction Manager 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.
6.3 The City assumes no liability for actions of Construction Manager and will not indemnify or
hold Construction Manager or any third-party harmless for claims based on this Contract
or use of Construction Manager provided supplies or services.
6.4 Nothing contained herein shall be construed as a waiver of any immunity from or limitation
of liability the City (Owner) may be entitled to under the doctrine of sovereign immunity or
section 768.28, Florida Statutes.
6.5 This article shall survive the termination of this Contract.
ARTICLE 7: TITLE TO THE PROJECT
7.1 The title of all work, completed portions of the project and in the course of construction,
and of all materials on account of which payment has been made shall be in the Owner.
ARTICLE 8: ASSIGNMENT
8.1 This Contract shall be binding upon and inure to the benefit of the Parties hereto and
their respective successors and assigns, except that this Contract may not be assigned by either party without the prior written consent of the other party. Any assignment made without
such prior written consent shall not vest rights in the assignee.
ARTICLE 9: ADDITIONAL
PROVISIONS
9.1 This Contract shall be governed by and construed in accordance with the laws of the
State of Florida, and the venue for any dispute under this Contract shall be an
11
appropriate court of competent jurisdiction in Pinellas County, Florida.
9.2 Any notice required to be given by the terms and provisions of this Contract or by any
law or governmental regulation, either by the Owner or Construction Manager, shall be in
writing unless otherwise required by such law or regulation and shall be deemed to have
been served and given when deposited in either Registered or Certified Mail in United States
Branch Post Office, addressed to the party hereto to whom directed, at the address specified
in the Specifications.
9.3 The language in this Contract shall be construed according to its customary meaning within
the Florida building industry. Whenever used, the singular shall include the plural, the plural
the singular, and the use of any gender shall be applicable to all genders.
9.4 If any provision of the Contract Documents is invalid or unenforceable as against any
person or party, the remainder of the Contract Documents and the applicability of such
provision to other persons or parties shall not be affected thereby.
9.5 The Parties are acting herein solely as independent contractors. Nothing herein contained
will create or be construed as creating a partnership, joint venture, or agency relationship
between the Parties. Each Party acknowledges and agrees that it neither has nor will give
the appearance or impression of having any legal authority to bind or commit the other Party
in any way. Each Party will be solely responsible for all wages, income taxes, worker’s
compensation, and any other requirements for all personnel it supplies in connection with
this Contract.
9.6 The City’s performance and obligation to pay under this Contract is contingent upon an
annual appropriation by the Clearwater City Council.
(Signature pages to follow on next page)
IN WITNESS WHEREOF, the parties hereto have made and executed this Contract on the date and year first above written.
(Corporate Seal) J. Kokolakis Contracting, Inc.,
12
a New York Corporation. By:
Print Name: ______
Title: ______
WITNESS
:
By:
Print Name: ______
Countersigned: CITY OF CLEARWATER, Florida,
a Florida municipal corporation.
Frank Hibbard Jon P. Jennings
Mayor City Manager
Approved as to form: Attest:
Matthew J. Mytych, Esq. Rosemarie Call
Assistant City Attorney City Clerk
integrity@jkokolakis.com
jkokolakis.com
CORPORATE HEADQUARTERS NORTHEAST REGIONAL OFFICE NEW YORK CITY OFFICE
202 E. Center Street
Tarpon Springs, FL 34689
1500 D Ocean Avenue
Bohemia, NY 11716
264 West 40th Street, Suite 802
New York, NY 10018
T (727) 942-2211 T (631) 744-6147 T (212) 563-0453
Date: July 15, 2024
TO: Jeffery Walker PE, Senior Professional Engineer
City of Clearwater, Public Works Department/Engineering
100 S. Myrtle Ave., Suite 200
Clearwater, FL 33756
RE: CLEARWATER BEACH MARINA REPLACEMENT
PROJECT NUMBER: 21-0008-MA
As requested, enclosed is the proposal for Construction Management Services for the complete
replacement of the exiting Clearwater Beach Marina and Plaza in accordance with technical plans and
specifications prepared by design firm Moffatt & Nichol and J. Kokolakis Contracting, Inc. GMP
proposal dated May 20, 2024, for a Guaranteed Maximum Price of ($43,469,475.00).
Scope of Work:
The Clearwater Beach Marina Replacement proposes to replace the existing, deteriorating timber docks and
associated utilities with a reconfigured and expanded footprint, providing a new timber boardwalk for the
commercial slips and sustainable and adaptable floating docks for the recreational and transient end users that will
continue to serve the visitors and residents of Clearwater Beach for years to come. The proposed marina
replacement maintains the existing slip count and balance between recreational, commercial, and transient end
users. In addition to the marina docks and utilities, 1,300 linear feet of existing seawall will be replaced and raised
to the City’s minimum seawall height, and minor upland improvements are proposed to address the needs of the
commercial boaters, improve access along the City’s marina waterfront, and reduce pedestrian congestion along
Coronado Drive.
The project is located on the City of Clearwater property and within submerged lands granted to the City by the
State of Florida in 1925. To maintain all existing activities at the Beach Marina and not lose any commercial,
recreational, or transient boat slips, the replacement must expand to a larger footprint. The proposed footprint will
accommodate the state-of-the-art concrete and aluminum floating docks designed to replace the transient and
recreational slips.
The following improvements are proposed as part of this Project:
• Replacement of the existing fixed dock marina with a combination of fixed docks for the commercial
slips and floating docks for the recreational, transient, fuel, and ferry slips.
• Replacement of the overwater marina utilities (water, sewer, fire water, electrical, fuel) with code-
compliant utilities serving the needs of modern recreational vessels.
• Seawall replacement along the west and north sides of the marina basin and raising the seawall to be
above the City’s minimum seawall elevation of +5.12’ NAVD (+6.0’ NGVD, MSL).
• Sidewalk replacement and improvements along the northern edge of the marina property with
landscaping, hardscaping, and lighting to activate “Marina Walk” – a pedestrian-friendly waterfront
promenade that extends the entire length of the marina’s northern shoreline, connecting Beach Walk to
the restaurants and retail along the marina property, and the commercial boating operations.
• Relocation of the existing overwater accessory buildings for the commercial fleets to the uplands in a
plaza-style setting to address the code-required removal of these structures from fixed overwater
structures. Creating the plaza to support the new landward accessory buildings and the resulting reduced
Coronado Drive sidewalk congestion requires the reduction of 38 parking spaces within the existing
marina parking lot.
• Replacement of the existing over-water fuel office building with a floating building (code compliant) of
equivalent size.
• Rehabilitation of a storage room on the south face of the marina building for the marina’s new electrical
P a g e | 2
equipment.
• Reconfiguration and reduction of marina parking spaces to accommodate new upland amenities for
commercial users.
• ADA compliant docking facility in accordance with the Florida Building Code for Accessibility and the
ADA Guidelines for Recreational boating facilities.
• Additional trench drains will be placed where the exiting parking lot meets the new promenade to convey
stormwater into the existing storm system.
• Additional landscaping to meet current City standards.
Cost Detail:
CSI Division Description Total
010000.01 General Conditions & Staffing $1,084,651.00
010000.01 General Requirements- Temp. Provisions, MOT, Safety,
Cleanup
$450,016.00
030000.01 Concrete (In Div. 31 Sitework) In Div 31
040000.01 Masonry $26,495.00
050000.01 Metals $101,223.00
060000.01 Wood Framing- Structures $284,676.00
060000.02 Hardie Plank Siding $202,843.00
060000.03 Counter Tops $36,000.00
070000.01 Roofing & Insulation $57,299.00
080000.01 Doors and Windows $167,327.00
090000.01 Painting & Sealed Concrete $65,081.00
100000.01 Shade Structures $174,084.00
110000.01 Connections to Future Equipment $10,000.00
120000.01 Site Furnishings: Benches, Planters and Waste Receptacles $377,274.00
130000.01 Monument Sign $50,000.00
210000.01 Fire Suppression (In Div. 35) In Div 35
220000.01 Plumbing (in Div. 35) In Div 35
230000.01 Heating, Ventilating, and Air Conditioning (In Div. 35) In Div 35
260000.01 Marine & Upland Electrical $5,571,075.00
310000.01 Sitework, Site Utilities, Concrete Plaza $1,463,297.00
310000.02 Temporary Causeway Parking $109,726.00
320000.01 Landscape & Irrigation $103,126.00
320000.02 Public Art $200,000.00
350000.01 Marine Construction: Floating Docks, Piles and Seawall $27,326,651.00
350000.02 Over-dredge Material $402,904.00
CMAR Contingency $1,000,000.00
Subtotal $39,263,748.00
Owner Contingency (2.3%) $1,000,000.00
Insurance $512,668.00
P a g e | 3
Performance and Payment Bonds $251,846.00
CM Fee $2,441,213.00
TOTAL $43,469,475.00
Project Duration shall be 594 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 Contract entered into
with the City of Clearwater on January 17, 2023, based on RFQ #19-22.
If GMP Exceeds $150,000:
Per Section III, Article 5.1 of the Contract Specifications, the contractor shall provide the public entity with 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.
Code: 3327332-563800-C1905
Invoices for work performed shall be submitted to the City of Clearwater, Public Works Department/Engineering,
Attention: Jamie Gaubatz, P.O. Box 4748, Clearwater, Florida, 33758-4748. Contingency services may be billed
only after the city provides written authorization to proceed with those services.
CONTRACTOR COMPANY NAME
By: _________________________________
Roderick C. Voigt
EVP
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: ID#24-0799
Agenda Date: 7/15/2024 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: City Council
Agenda Number: 6.17
SUBJECT/RECOMMENDATION:
Appoint Candace Gardner to the Parks & Recreation Advisory Board with a unexpired through May 31,
2025.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Parks and Recreation Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
Chair: Patric Raftery
MEETING DATES: Quarterly (4th Tues.) - Jan., April, July, Oct.
PLACE: Main Library - 6:30 p.m.
APPTS. NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER NO LONGER SERVES ON THE BOARD AND
REQUIRES A REPLACEMENT:
1. Mark Rodriguez
Original Appointment: 6/1/2017
Was serving 2nd term; removed from board due to lack of attendance (currently working out of state and
not able to attend meetings).
THE FOLLOWING NAMES ARE BEING CONSIDERED TO FILL THE VACANCY:
1.Candace Gardner - 736 Island Way, #305, 33767 - Retired Guidance Counselor
Zip codes of current members on board:
3 at 33755
2 at 33761
1 at 33764
STRATEGIC PRIORITY:
Page 1 City of Clearwater Printed on 7/9/2024
Submit Date: Feb 02, 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?
Parks and Recreation Board: On Agenda
Occupation - If retired, enter former occupation.
retired from the School System after 15 yrs as a Guidance Counselor
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
Park & rec Board for 6yrs also Library Board 4yrs, Community Relations Board
Candace H Gardner
candyfla1@aol.com
736 Island way Apt. 305
Clearwater FL 33767
Pinellas County SchoolSystem Guidance Counselor
Candace H Gardner
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.
I have been on several boards as you can see. so I have an understanding of the duties and
responsibilities...research and evaluation of all information I have lived in Clearwater for over
50YRS.I am very active in the community . I always attend the meeting when on the boards
and give my input and knowledge. I enjoy being involved in our lovely City of Clearwater and
being a part of the community
What personal qualifications can you bring to this board or committee?
I have a Masters Degree in Guidance and Counselor .I was a guidance Counselor with the
School System for 15yrs...I graduated from Citizens Academy in 2003. and graduated from
Leadership Pinellas County in 1994
List Community Activities
I was on the Charter Review Committee in 2007 Long Center Board of trustees Beautification
Board I am active in several clubs and on the board. I was a delegate to the Clearwater 55th
Anniversary Delegation trip to Japan in 2015 with the Mayor and staff. for 7 days ..wonderful
trip stayed with a Japanize family
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.
no
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.
no
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)
Candace_Gardner.pdf
Candace H Gardner
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.
03/05/1945
Candace H Gardner
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0800
Agenda Date: 7/15/2024 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: City Council
Agenda Number: 6.18
SUBJECT/RECOMMENDATION:
Appoint two individuals to the North Greenwood Community Redevelopment Area Citizens Advisory
Committee as follows: one with a term expiring September 30, 2025 and one with a term expiring
September 30, 2026.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: North Greenwood Community Redevelopment Area Citizens Advisory Committee
TERM: 2 Years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not required
RESIDENCY REQUIREMENT: City of Clearwater; must reside, conduct business, or own a business in
the North Greenwood CRA area
SPECIAL QUALIFICATIONS: None
MEMBERS: 5; three are appointed by City Council and the remaining two members are appointed by the
Pinellas County Board of Commissioners. There shall be one Ex Officio member who represents the
Clearwater Urban Leadership Coalition, Inc.
CHAIRPERSON: TBD
MEETING DATES: TBD
PLACE: TBD
APPOINTMENTS NEEDED: 2
THE FOLLOWING INDIVIDUALS HAVE SUBMITTED AN APPLICATION AND MEET THE MEMBERSHIP
CRITERIA:
1.Cora Jacobson - 1057 Calumet St, 33755 - Business Owner
2.Austin Joseph - 1001 La Salle Street, 33755 - Retired Firefighter/EMT
3.Cameron MacLeish - 5116 Perennial Dr, Holiday, FL 34690 - 360 Eats Exec. Director
Note - conducts business in the North Greenwood CRA area
4.Kimberly Nunn-Crawford - 1418 Blue Marline Blvd, Holiday, FL 34691 - Willa Carson Health and
Wellness Center Exec. Director
Note - business located in the North Greenwood CRA area
5.Alain Okogbaa - 1755 Fulton Ave, 33755 - Customer Success Manager
6.Kinard Robinson - 1789 Harbor Dr, 33755 - Business Owner
7.Diane Stephens - 1720 N Martin Luther King, Jr. Ave, 33755 - Retired Teacher
STRATEGIC PRIORITY:
Page 1 City of Clearwater Printed on 7/9/2024
Submit Date: Nov 30, 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. *
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?
1609N Ft Harrison ave
Which Boards would you like to apply for?
North Greenwood CRA Citizen Advisory Committee: Submitted
Occupation - If retired, enter former occupation.
Business administration
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
Cora P Jacobson
jkora@yahoo.com
1057 Calumet st
Clearwater FL 33755
Business: (786) 368-0688 Home: (305) 219-6992
Self CEO
Cora P Jacobson
Upload a Resume
Date of Birth
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
Clearwater is a gem that deserves the flair and brand new enthusiasm of a multicultural and
world travelled entrepreneur. I see an immense untapped potential that I hope to help
unleash.
What personal qualifications can you bring to this board or committee?
Business Administration in internal commerce, successful real estate investor and sales
representative, international connections and knowledge of international commerce. Being
french, may I say flair... a little je ne sais quoi... to an untapped resource of immense beauty,
yet preserving and protecting the natural beauty of the environment. Accommodating a
community in need of a community... A soul tribe in the heart of natural beauty, satisfying
every stratas of the echelon of this community. Creating jobs, searching and offering
opportunities to external investors. Having lived 20 years in Miami, and trained by Berkshire
Hathaway for 2 years makes me the perfect candidate to bring business to this little
discovered area. I have a vision of a yearly art show such as wynwood coming over to
Clearwater, generating a lot of income... Among other things!
List Community Activities
More social events, outdoor concerts, fashion shows, block parties, weekend markets,
community games etc...
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
None Selected
Gender
None Selected
The City of Clearwater strives to promote diversity and provide reasonable
accommodations for individuals with disabilities. If you are requesting
accommodation, please indicate below:
Cora P Jacobson
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.
Cora P Jacobson
Submit Date: Nov 20, 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. *
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?
North Greenwood CRA Citizen Advisory Committee: Submitted
Occupation - If retired, enter former occupation.
Retired Firefighter/EMT
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
Austin D Joseph
austinjoseph17@gmail.com
1001 La Salle Street
Clearwater FL 33755
Home: (770) 940-1676
Dimmitt Automotive Group Valet
Austin D Joseph
Upload a Resume
Date of Birth
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
I love my community North Greenwood. Ive been a community man all my life. Serving with
my churches, habitat for humanity, and american redcross. I feel I can add value to the City
of Clearwater and I also have a political science degree. I think my knowledge and wisdom
working for people as a retired firefighter/emt and community service made could add
tremendous value.
What personal qualifications can you bring to this board or committee?
Retired Firefighter/EMT Political Science degree Board of directors or American Redcross
Atlanta Chapter background.
List Community Activities
Volunteer for Habitat for humanity Refuge Clearwater Grace Family Church American
Redcross
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
African American
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
Austin_David_Joseph__2025__1_.docx
10/31/1985
Austin D Joseph
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.
Austin D Joseph
Austin Joseph. 770.940.1676. Mr.Austinjoseph17@gmail.com
Director of Corporate Security & Executive Protection Specialist,
Clearwater, FL
Extremely ambitious, motivated, and confident leader in public safety, corporate security,
executive protection, and private chauffeur industry. Enthusiastic about my work and
continually seek educational opportunities to ensure stellar protection and optimal service to
my clients and principals. Exude positive attitude and energy which gains the confidence of
my clients very quickly.
Accomplishments, Skills & Talents:
•Firefighter EMT
•EMT Experience (15+ years)
•Leadership (20+ years)
•Strong background in Corporate Security
•Highly trained in Executive Protection, Defensive & Evasive Driving
•Customer service (20+ years)
•Hospital Experience (15+ years)
•Critical and Creative Thinking
•Keen Situational Awareness
•Calm Demeanor
Proactive Initiative
Highly Organized
Excellent Time Management Skills
Flexibility and Adaptability within a team environment
Trauma and Environmental Emergencies
Computer literate; proficient in Microsoft Office Products
Excellent verbal and written communication skills
Strong leadership skills and previous management experience
Ability to multi tasks in a fast-paced work environment
Critical infrastructure security operations and incident reporting system
Alarm management experience
Ability to travel internationally with US Passport
Work Experience:
January 2020 to Present ( As needed basis )
Security Driver & Executive Protection Specialist, Tampa Florida
Owners of the San Francisco 49ers -DeBartolo Family
Private Chauffeur/Security Driver for DeBartolo Family members and the current Chief of the
Hillsborough County Sheriff’s Office on an as needed basis for the last three years.
Achieve and maintain annual training and certification in the areas of medical and protective
security operations. Expertise in protection concepts such as risk mitigation, risk
assessments, contingency planning, surveillance detection and counter-surveillance. Self-
motivated, ability to work without direct supervision, and understand security concepts and
theories. Adept at identifying and managing vendors for operations.
Strong command of EP field related technology apps. Soft skills and strong understanding of
the customer service side of private sector Executive Protection. Strong collaborative skills,
with Estate and Corporate Principal staff Ability to build equity and earn trust with key
stakeholders, and work collaboratively with cross-functional teams.
Demonstrated ability to promote a discrete operational coverage model that interfaces with
Principals only as needed and understands the expectation to maintain clear professional
boundaries. Subject Matter Expertise in Advance operations Tactical driving skills, applied
with a chauffeur’s approach.
March 2016 to Present
Director of Special Operations & Corporate Security, Domestic &
International, Tampa Florida
Private International Company, assigned to the CEO in dual roles both corporate and
personal as Executive Protection Specialist, Chauffeur and Personal Liasion to the CEO and
their family members.
Gained valuable experience throughout the past 10+ years preventing and mitigating risks
through thorough threat analysis serving diverse types of clienteles such as Successful
Companies, Private Corporations, Billionaires and their family members.
Provided protective escort to various ultra-high net worth individuals, CEOs, C- Suite
Executives, Board of Directors, Senior Level Military Personnel, Celebrities, Grammy Award
Winning Artists, Super Bowl and Stanley Cup Championship Athletes who reside in the
Tampa Bay Area, Entertainers, Motivational Speakers and Prominent Church Pastors
management teams have personally requested and contracted me for my close protection
services.
Conducted protective advances both foreign and domestic. Conducted site advances (visit
and review planned sites to establish arrival/departure points, safe rooms if needed,
emergency egress and safety features. Conducted route advances, established primary and
secondary vehicle route to include route to hospital for given locations. Pre-drive primary
route time permitted and coordinate with principals and team.
Coordinated efforts with staff/administrative personnel regarding run of show, walking
routes, etc. Established POC at given locations, with security if available, as well as with
federal, state, and local law enforcement. Established POC at U.S. Embassies and
Consulates, U.S. Dept of State and available federal law enforcement regarding foreign
travel, at given locations.
Coordinated travel safety measures in regions to be visited regarding the protective
advances, as well as establishing means of transportation. Prepared and provide/brief CSO
and other members of Corp Security team as necessary regarding CEO travel. Assisted the
broader corporate security team by providing solution-oriented advice and provide training,
guidance, and leadership to team members.
Austin Joseph
Work Experience Continued:
Built and maintained lasting internal and external business relationships with executives and
their administrative staff. Collaborated with safety and security partners at the local, state,
and federal law enforcement levels. Conducted corporate security, travel arrangements, and
route planning for C-Suite Executives. Worked closely with private and corporate aircraft
pilots and flight crews at numerous FBOs.
Executed large-scale events with venue management, personnel, and meeting/event teams
to ensure effective Executive Protection throughout various enterprises. Consistent record of
continuous professional development in aviation, business, finance, economics, legal, and
public safety. Continually seeking professional training in Executive Protection, Tactical and
Weapons training and Martial Arts.
Ability to collaborate with other trusted Corporate and Executive Protection Specialists,
Former FBI Special Agents, Former Secret Service Agents, Federal, State and Local Law
Enforcement Agencies, and trusted security companies to tailor protection solutions to
benefit each client.
Education:
•April 2021 - International Executive Protection LLC in Executive Protection and Gun
Takeaway, Clearwater, Florida
•March 2017 - LaSorsa & Associates (Former Secret Service Agent Instructor) Executive
Protection School, Miami Florida. Executive Protection & Defensive and Evasive Driving
School
•May 2015 - B.A. in Political Science Georgia State University - Atlanta, GA
Certifications and Licenses
•EMT Certification
• CPR Certification
• Executive Protection and Evasive Driving Certifications
•Class D & G Security License
•Florida Driver's License
•Licensed to carry weapon
Groups Community Service and Accomplishments
•25 years of community service experience serving the non-profit sector, as a
representative with the American Red Cross
•Atlanta Police Athletic League
•Atlanta Habitat for Humanity
•Pinellas and West Pasco Habitat for Humanity
•Tampa Bay Harvest
•Ronald McDonald House Tampa
•Grace Family Church Tampa Bay
•The Refuge Church of Clearwater and the Public Safety Sector
•Served as a Coach and Volunteer for youth and fellow boxers for Fire, EMS, and
Police Department
• PALs Guns and Hoses Annual Event for the Mayors Cup
•Ambassador/Spokesperson for Atlanta Habitat for Humanity – Volunteer and
Annual Donor
Awards
Professional Awards
•Recipient of Region III Cares Award May 16, 2012, for successful resuscitation on
a cardiac arrest patient
•Recipient of Region III Excellence in Trauma Care Award May 17, 2011, for
successful resuscitation of a gunshot wound victim in serious traumatic arrest
References Provided Upon Request
Submit Date: May 15, 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. *
Less than 1 year
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?
2001 Rainbow Dr., Clearwater, 33765 / Yes
Which Boards would you like to apply for?
North Greenwood CRA Citizen Advisory Committee: Submitted
Occupation - If retired, enter former occupation.
Nonprofit Employee
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
Cameron Macleish
cameronm@360eats.org
5116 Perennial Dr.
Holiday FL 34690
Business: (727) 480-9829 Mobile: (808) 631-0896
360 Eats Executive Director
Cameron Macleish
Upload a Resume
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
As the Executive Director and Co-founder of 360 Eats, I am deeply committed to enhancing
food security in the North Greenwood community. Over the past two years, our organization
has been dedicated to this mission, providing an average of 200 free, nutritious, chef-
prepared meals each week to food-insecure residents through our Sustain-A-Bowl food truck.
I am eager to serve on this board/committee because I believe in the importance of having
individuals with deep connections to the community. My experience working directly with the
residents of North Greenwood has given me invaluable insights into their needs and
challenges. By serving on the advisory board, I can provide a unique perspective informed
by my firsthand experience and ongoing involvement in the community. Additionally, being
part of the advisory board would allow me to gain further insight into the evolving needs of
the community. This knowledge will be instrumental in shaping our programs and initiatives
to better serve those who rely on our services. Overall, I am passionate about making a
positive impact in the North Greenwood community, and I believe that my background and
experience uniquely qualify me to contribute effectively to the board/committee.
What personal qualifications can you bring to this board or committee?
As the Executive Director and Co-founder of 360 Eats, I bring a diverse set of qualifications
and experiences to this board/committee. First and foremost, I have successfully built a
nonprofit organization from the ground up, transforming it into an organization with an
annual budget of $300,000. Through my leadership, 360 Eats has become a vital resource in
addressing the interconnected issues of food insecurity and food waste in our local
community. My innovation and creativity have been instrumental in bridging gaps in our
local food system. I have developed unique and innovative solutions to address the complex
challenges of food insecurity and food waste, resulting in tangible and impactful outcomes
for our community. 360 Eats provides a direct and essential service for North Greenwood
residents, delivering hundreds of free, nutritious, chef-prepared meals each week through
our Sustain-A-Bowl food truck. My hands-on experience in managing and operating this
program gives me firsthand insight into the realities of food insecurity and the ways in which
we can address it effectively. Furthermore, I am deeply passionate about fostering
collaboration and partnerships within our local community.
List Community Activities
Food Waste Reduction / Rescue: 360 Eats offers food waste reduction services to various
local businesses in the Clearwater community, effectively curbing food waste and mitigating
associated environmental concerns, including greenhouse gas emissions. According to the
County's solid waste department, food waste accounts for 15% of the waste processed in
Pinellas County, ranking as the second-highest category of waste in the area. Free
Community Meal Program: 360 Eats provides an average of 200 free, nutritious, chef-
prepared meals to food insecure families, seniors, and children throughout the North
Greenwood community each week via the Sustain-A-Bowl mobile gourmet soup kitchen.
Supporting Local Food Pantries: Surplus food donations from our food partners are shared on
a weekly basis to local food pantry partners. Composting: 360 Eats has partnered with HEP
through our composting initiative, ensuring food scraps get generated into nutrient rich
compost, which in turn promotes plant growth at their community garden. Produce produced
in the garden is then distributed throughout North Greenwood through HEP's mobile produce
market.
Question applies to multiple boards
Are you related to any member of the City Council?
Yes No
Cameron_Macleish_Resume.pdf
Cameron Macleish
Date of Birth
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
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.
12/09/1991
Cameron Macleish
CAMERON MACLEISH
5116 Perennial Dr., Holiday, FL USA 34690 •
+1-808-631-0896
cameron.macleish@gmail.com
SUMMARY
A driven activist with six years of experience in food security and food recovery
initiatives. As the Co-Founder and Executive Director of a successful nonprofit dedicated
to reducing hunger and waste, I am committed to fostering community connections to
realize a just and sustainable food system in Tampa Bay.
EDUCATION
Goldsmiths, University of London / September 2010 – June 2013
BA, Popular Music
EXPERIENCE
360 Eats, Co-Founder and Executive Director / January 2020 – Current
•Developed a successful and innovative 501(c)(3) Nonprofit food waste and hunger
relief initiative in Pinellas County. To date, 360 Eats has rescued over 200,000 lbs of
good food from going to waste, served over 43,000 meals to the food insecure and
created over 26,000 lbs of compost alongside local communities gardens.
•Responsible for the overall impact of the Organization on the community, with
particular emphasis on increasing its capacity to drive the impact agenda.
•Driving key results in fundraising.
•Researching and writing grants, raising over $300,000 in grant support for the
organization to date.
•Serving as the principal resource to the Board of Directors and its key committees and
giving strong direction in policy formulation and interpretation.
•Accountable for building and leading high-performing teams, ensuring all teams are
aligned and collaborating to achieve organizational results.
•Building a partner network of food and drinks manufacturers, producers, and
wholesalers, and help save their surplus stock from going to waste.
•Leading the creation and implementation of successful food security programs in the
community.
•Leading joint projects with local agencies.
Food Pantry Assistant, The Mattie Williams Family Center / June 2021 – July
2022
•Supported the procurement process for all food.
•Responsible for coordinating food pick ups from distribution sites.
•Adhered to all food pantry regulations set forth by Feeding America and USDA.
•Assisted in the distribution of food to clients.
•Developed and implemented a composting program, which reduced food waste at the
Center by 85%.
•Established partnerships with new community composting partners through the
composting program.
•Established new food donation partners, diversifying the pantry’s food options and
availability.
•Managed food inventory levels.
•Represented the Center at assigned outside functions.
Fundraiser, Greenpeace / January 2019 – March 2020
• Engaged in door-to door and street fundraising, proficiently delivering the
Organizations mission, engaging in knowledgeable conversations, and successfully
obtaining signatures, information, and donations.
•Oversaw recruitment and training of new canvassers.
Content Creator, Cooking With Trash/ August 2018 - June 2019
•Created a successful Youtube cooking show that aimed to expose the realities of food
waste and encourage viewers to adopt more sustainable practices.
•Developed successful social media campaigns that saw the project on media giants
such as NBC’s ‘Today Show’, HuffPost’s ‘This New World’, 60 Second Docs, Feeding
America, Garden Culture Magazine, Vedett’s ‘Celebrating the Sttupid’, and multiple
sustainability podcasts.
•Head of branding and promotional strategies.
•Lead content creator and video editor.
•Head of organizing community based events including food rescue initiatives and
coordinating food donations to family shelters and food banks.
•Led joint projects with local nonprofits.
•Created educational material to encourage food waste reduction at home.
SKILLS
•Team Management
•Onboarding
•Cold-calling / in-person sales
•Fundraising
•Social Media Marketing
•Data collection
•Networking
•Communication
•Organizational and time management
•Content development
•Graphic design
•Music production
AWARDS
•2023 Tampa Bay Lightning Community Hero Award Recipient
•2023 Clearwater Housing Authority Community Hero Award Recipient
Submit Date: May 16, 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. *
Not a Clearwater Resident
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?
1108 N. Martin Luther King Jr. Ave., Clearwater, FL 33755
Which Boards would you like to apply for?
North Greenwood CRA Citizen Advisory Committee: Submitted
Occupation - If retired, enter former occupation.
Executive Director
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
Board of Trustees-Mt. Carmel Baptist Church
Kimberley Nunn-Crawford
kimberley@willacarson.org
1418 Blue Marlin Blvd
Holiday FL 34691
Mobile: (727) 418-8338 Business: (727) 467-9411
Willa Carson Health andWellness Center Executive Director
Kimberley Nunn-Crawford
Upload a Resume
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
I grew up in the North Greenwood community of Clearwater, FL. I recall the vibrant flow and
activity of the community and would like to play a role in its return. I have fond memories of
spending time as a kid at the Holt Ave. pool, attending dances at the MLK center and
hanging out at Buster T's Restaurant. Although I now live in Pasco County, I never
disconnected. I continue to attend and serve at Mt. Carmel Baptist Church in Clearwater, I
have been a three-term chapter president of the Clearwater Chapter of Delta Sigma Theta
Sorority, Inc. I recently joined the Turley Family Health Center Advisory Committee. In
addition to serving in the community, I have a rental property in the city of Clearwater.
What personal qualifications can you bring to this board or committee?
Administrative-Organizational/Planning, problem solving/solution focused, flexibility.
List Community Activities
Youth Director, Board of Trustees-Mt. Carmel Baptist Church Member-Turley Family Health
Center Advisory Committee Secretary (2023-2025 Term)-Clearwater Alumnae Chapter of
Delta Sigma Theta Sorority, Inc. Past Coordinator of the N. Greenwood Back to School Event.
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)
Kim_Crawford_Resume_2023.pdf
Kimberley Nunn-Crawford
Date of Birth
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:
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.
05/12/1968
Kimberley Nunn-Crawford
KIMBERLEY NUNN-CRAWFORD, MS, L.M.H.C.
Holiday, Florida · (727) 418-8338 · Knunncrafword@gmail.com
PROFESSIONAL SUMMARY
Servant leader, motivated to inspire others as we work together to reach shared goals.
SKILLS
▪ Non-Profit Management
▪ Fund Development
▪ Networking/Relationship Building
▪ Leadership Skills
▪ Outcome-Driven Approach
▪ Proficient in Microsoft Office 365, Word, Excel, and Outlook
▪ Critical Thinking
▪ Compliant with HIPAA and Florida Rules and Laws
▪ Team building experience
▪ Customer relations skills
▪ Grant Writing
PROFESSIONAL EXPERIENCE
Executive Director
Willa Carson Health and Wellness Center, Clearwater, FL, August 2021-Present
Administers the clinic’s personnel and fiscal policies adopted by the Board of Directors.
Guides and assists the Board of Directors with developing and implementing the organization’s strategic
plans. Represents the clinic at public events along with establishing relationships with donors, community
members, and city officials. Coordinates the clinic’s fundraisers and identifies grant funding opportunities.
Collaborates with the Board Treasurer and Board President to prepare and maintain budgets, financial
reporting, and assures that the center uses general accepted accounting practices. Oversees the
acknowledgment of all gifts and donations to the clinic. Oversees clinic staff and programming.
Family Support Team/Licensed Therapist-Senior Member
BayCare-Turley Family Health Center, Clearwater, FL, Nov. 2000-August 2022
Provided leadership to the team responsible for providing support services to patients in a Family Practice
Residency Program. Coordinated psycho-social assessments, therapy visits, discharge plans and referrals
to community resources. Taught Motivational Interviewing skills to Family Practice Resident Physicians.
Conducted formal lectures during noon conferences on the topics of the Family Life Cycle as it relates to
the Family Physician, Cultural Competency, and Integrated Behavioral Health. Provided evaluations and
feedback for resident physicians during their Behavioral Health Rotation. Facilitated team-building
exercises for staff members. Assisted physicians with Baker Act proceedings. Provided consultation on
abuse/neglect reporting. Provided crisis intervention to patients and staff as needed.
Willa Carson Health and Wellness Center-Board of Directors,
Board Chair, October 2017-August 2021
Provided guidance with the long-term planning of the clinic. Coordinated educational opportunities to assist
with Board responsibilities and governance. Partnered with the Executive Director to ensure the Board’s
directives, policies and procedures were carried out. Provided an annual performance review of the
Executive Director. Presided over monthly board meetings. Worked to ensure the ongoing recruitment,
development of Board Members. Headed fundraisers and sought out strategies to increase awareness of
the clinic.
Delta Sigma Theta Sorority, Inc., Clearwater Alumnae Chapter (Volunteer-nonprofit)
Chapter President, September 2009-2013, 2017-2019
Provided leadership, administrative guidance and direction to the structure and programming of the
42-member chapter. Oversaw all chapter operations, including fiscal responsibilities ensuring the
chapter operated under an approved budget. Appointed committee chairs to carry out the chapter’s
5-Point Programmatic Thrust and chapter Policies and Procedures. Ensured corporate accountability
reports were completed and submitted for compliance. Served as the chapter spokesperson, for media
and marketing purposes. Served as chapter Voting Delegate for National Conventions and Regional
Conferences. Signed all contracts for the chapter.
Intern, Community Mental Health Practitioner
Everybody’s Tabernacle/Homeless Emergency Project, Clearwater, FL, Sept. 2000-Feb. 2001
Provided outpatient, individual counseling to indigent clients housed at the homeless shelter, with
emphasis on improving coping skills, goal setting and self-sufficiency. Provided psycho-education on
navigating the health system and connecting to resources.
EDUCATION
Nova Southeastern University, Ft. Lauderdale, FL July 2001
Master of Science, Mental Health Counseling
University of South Florida, Tampa, FL Dec. 1993
Bachelor of Arts, Psychology
PROFESSIONAL DESIGNATIONS & MEMBERSHIPS
• Licensed Mental Health Counselor #MH9075 2007-Present
• Member-Suncoast Mental Health Counselor Association 2010-Present
ORGANIZATIONS & MEMBERSHIP
• Panel participant, Mental Health Education Awareness, Mt. Olive A.M.E. Church, April 6, 2019
• Delta Sigma Theta Sorority, Clearwater Alumnae Chapter-Treasurer (2019-2021)
• North Greenwood Back to School Wellness Event, Coordinator 2019, 2022
• North Greenwood Steering Committee, CRA, 2022
CERTIFICATIONS
• Post-Crisis Leadership, USF Muma College of Business July 2020
• Certificate in Nonprofit Financial Management March 2022
Submit Date: Nov 20, 2023
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6+ years
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If yes, where is the business located? Do you conduct business with the City?
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I live in the neighborhood and care about what becomes of it
Alain Okogbaa
aokogbaa9@gmail.com
1755 Fulton Ave
Clearwater FL 33755
Mobile: (813) 417-2182
Palo Alto Networks Manager, Customer Success
Alain Okogbaa
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Date of Birth
What personal qualifications can you bring to this board or committee?
I am a young professional with valuable experience in working with stakeholders who hold
variable interests in projects, simultaneously
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Volunteer
Demographics
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Ethnicity
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Gender
Male
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accommodation, please indicate below:
By clicking on "I Agree," below, I affirm that the information above is true
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I Agree
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the State of Florida including Chapter 119, Florida Statutes.
Alain_B_Okobaa_-
_2023_Business_Resume.pdf
Alain Okogbaa
Ala B.Oko www.linkedin.com/in/aokogbaa aokogbaa9@gmail.com
Experienced Customer Success Leader
Summary
8+years managing stakeholder relationships in B2B SaaS companies &4+years building and managing
successful teams in end-to-end customer experience.Executive-level planning and strategy,escalation
management,and performance measurement skills.Meaningful high-growth experience in cybersecurity.
Proficiencies &Acquired Skills:Team Leadership //Stakeholder Management //Up sale &Cross-sale //
Business Retention //Project Management //Attack surface management //SIEM //SaaS //IoT //SOAR //
DNS //Strategic Business Planning //Insight Presentations //Meeting or Exceeding Quotas //Renewals and
Expansion Negotiations //Running Professional Services.
Software and Tools:Proficiency in GSuite //Microsoft Office Suite //Zendesk //HubSpot //Gainsight //Totango
//SAP //Salesforce //Gira //CSWorks //ServiceNow.
Professional Experience
Palo Alto Networks -July 2022 to present:
Senior Customer Success Manager -Cortex products (XDR,XSOAR,XPANSE)
Responsible for a BOB of $50M+.In my role,I lead client's product onboarding experience,adoption,and
expansion;advise the customer on platform adoption,deployment of best practices,security optimization
and training opportunities;deliver Executive Business Reviews (QBR)with the Account Team.
+developed a technical enablement training series for CSMs company-wide
ActiveCampaign -July 2021 to July 2022:
Customer Success Lead -Enterprise accounts
Responsible for a BOB of $3M+.In this role,I owned all renewals and drove expansion within existing
customer base;I acted as the primary escalation point for the team;I created engagement strategies with
clients to develop strong value associated with product;leveraged new and existing tools,processes and
best practices to ensure customers are maximizing their contract value.
KnowBe4 -July 2019 to July 2021:
Customer Success Manager
Responsible for a BOB of $4M+.In this role,I forged relationships with new customers and understood their
objectives;developed a strategy and plan for achieving customer objectives;managed onboarding process;
monitored customer usage,adoption,and customer health metrics;performed periodic business reviews
with customers to confirm satisfaction,resolve technical issues,and drive successful product adoption.
Onboarding Leader -Customer Success Mentorship Program
Additionally to my position above,I played a leadership role with new CS team members,coaching them
1:1 through onboarding,including teaching them how to build accurate forecasts.
Tech Data Corporation -March 2016 to July 2019:
Cyber Security Solutions Architect,BlueCat
Business Development,Account Management,Relationship Management,Market Analysis/Research.
Connectivity Solutions Architect,T-Mobile
Cross-department promotion after only 10 months to this new role,where I grew revenue by 1,300%.
Associate Sales Representative
Gained various sales certifications from Dell,Plantronics,HP.Gained proficiency in SAP and other
applicable softwares.
Essex Communications -May 2015 to March 2016:
Jr.Sales Engineer
Business Development,Account Management,Relationship Management,Market Analysis/Research.
Clarks Shoes -June 2014 to May 2015:
Assistant Manager
Sales coaching,Scheduling,Return Processing.
Sales Associate
Education
Bachelor’s in Management from the University of Tampa
Foreign Languages
Spanish (notions)//Haitian Creole (fluency)
Submit Date: Apr 16, 2024
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Home Address Suite or Apt
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Advisory Boards Application
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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?
North Greenwood CRA Citizen Advisory Committee: Submitted
Occupation - If retired, enter former occupation.
Business owner
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.
Clearwater is not only home, its family history. I am 6th generation Clearwater. My family
played a significant role in North Greenwood throughout the city's history (educators,
community leaders, etc.), and I am continuing the legacy.
Kinard Robinson
kinard@empoweringcreative.com
1789 Harbor Dr.
Clearwater FL 33755
Business: (813) 614-5251
Empowering Creative Founder/CEO
Kinard Robinson
Upload a Resume
Date of Birth
What personal qualifications can you bring to this board or committee?
Leadership Business Strategy Relationships/Connections Clearwater/North Greenwood
Naitive
List Community Activities
Clearwater Urban Leadership Coalition Alpha Phi Alpha Fraternity Inc. Leadership Tampa Bay
Reliaquest Bowl Project L.I.N.K Tampa Bay Chamber Member Tampa Tiger Bay Club
Question applies to multiple boards
Are you related to any member of the City Council?
Yes No
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If yes, please provide name and explain relation.
N/A
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Are you related to a city employee?
Yes No
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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
African American
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:
Kinard_Robinson_Resume.pdf
Kinard Robinson
By clicking on "I Agree," below, I affirm that the information above is true
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I Agree
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the State of Florida including Chapter 119, Florida Statutes.
Kinard Robinson
Kinard Robinson
1789 Harbor Dr. | Clearwater, FL 33755
813-614-5251 | kinard@empoweringcreative.com
Overview
Executive leader offering 10+ years of demonstrated success defining strategy, leading people, innovating programs, driving
new business, and capturing strategic relationships. A visionary leader creating and redefining the status quo by developing
content to establish and strengthen brands. Dynamic relationship builder with local, national, and international foundations
and corporations.
Expertise
• Strategic Organization Leadership
• Mission, Vision, & Execution
• HubSpot Implementation
• Process Re-Engineering
• Value Propositioning
• Video Production
• Set design
• Fund Development Strategy & Relationships
• Strategic Partner Development
• Marketing Automation
• Social Media Strategies
• Data Analysis
• Video Editing
• Lighting
Work Experience
Empowering Creative, Clearwater, FL 2020 – Present
Founder & Chief Executive Officer: Highly motivated and results-driven leader with a passion for helping businesses
succeed through expert design, engaging content creation, and advanced marketing automation strategies. Worked with
clients to establish and grow their brands. Led campaigns that yielded a 100% increase in social media engagement. Created
a strategy that helped a client increase their number of sales calls by 22% over the previous quarter.
Kinard Pictures, Clearwater, FL 2017 – 2020
Founder & Creative Director: Responsible for the overall creative direction with clients. Worked with clients to develop
video content to enhance their marketing strategy.
Kinard Consulting, Clearwater, FL 2015 – 2020
Founder & Chief Executive Officer: Management consultant working with clients in a variety of industries to develop and/or
improve business strategy and efficiency. Evaluated processes and procedures of client’s organizations. Made
recommendations based on findings. Developed and implemented organizational strategy. Redesigned organizational
structure shifting responsibilities, reporting relationships, and creating internship program resulting in a 30% increase in
productivity. Provided guidance to management and ownership on changes and problem-solving. Monitored employee
performance while coaching managers on how to effectively manage their employees.
Citibank, Tampa, FL 2013 – 2015
HR Generalist: Partnered with executives to lead high-priority, strategic projects to transform disparate regional processes into
streamlined, standardized, global processes supporting Citi’s HR Transformation Initiative while managing various HR
functions within the business. Managed approximately 700 employees across various business units. Oversaw year end
performance review process. Coached leaders throughout the organization to improve management effectiveness and
performance management. Performed Ad Hoc reporting and analysis to make business decisions. Developed plans to
increase operational efficiency and effectiveness within the organization.
Home Shopping Network, St. Petersburg, FL 2012 – 2013
HR Specialist – Business Partner: Provided generalist level support to six business units coaching leaders and employees
through employee related issues. Collected and analyzed data to create and implement a new hire on-boarding program to
acclimate new employees to their position, team, and company culture. Established and managed the exit interview process
across the company collecting valuable data used to make recommendations to senior leaders to influence business decisions.
MattressFirm, St. Petersburg, FL 2011 – 2012
Store Manager: Built and maintained relationships focusing on customer service and vendor relations. Set store strategy on
improving business, never falling below 85% of stores budget goal. Led new store expansion, increasing business and
maximizing profitability. Exceeded new store forecasted goals finishing at 123% in the locations first three months.
The Center for Special Needs Trusts, Clearwater, FL 2008 – 2010
Business Analyst & HR Generalist: Led a research team collecting and analyzing data of the U.S. economy, identifying
various industries assessing profit potential. Created and implemented conflict of interest, whistleblower, retention &
destruction, and executive compensation policies. Developed overall plan to bring the non-profit area of the company into
legal compliance by building an employee handbook and ensuring that business functions reflected the mission and vision.
Red Carpet Entertainment, Clearwater, FL 2006 – 2009
Co-Founder & Chief Operations Officer: Developed overall company strategy. Led all marketing and advertising
campaigns, strengthening brand and generating revenue.
Education
John Carroll University, Cleveland, OH 2006 – 2010
Bachelor of Science - Industrial/Organizational Psychology
Florida State University 2021
Jim Moran Small Business Executive Program – St. Petersburg, FL
Goldman Sachs 10,000 Small Business Program 2022 – 2023
Board Memberships/Non-Profit Involvement Alpha Phi Alpha Fraternity, Inc. – Omicron Beta Lambda (Clearwater Alumni Chapter)
Chapter Secretary (2011-2021)
Black & Gold Scholarship Gala Committee Chair (2011-2021)
Leadership Tampa Bay, Tampa, FL
Vice Chair – Port & Transportation Day
Vice Chair – Recruiting Committee
2022 Class President
Centre Club, Tampa, FL
Board of Governors
Business Committee – Immediate Past Chair
Food & Beverage Committee
Project L.I.N.K., Tampa, FL
Vice Chair
Submit Date: May 02, 2024
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Have you served or do you serve on a board in Clearwater?
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If yes, please list the name of the board.
CRA advisory Board
Diane Stephens
dstep1255@aol.com
1720 N Martin Luther King Jr Ave
Clearwater FL 33755
Home: (727) 422-0417
Retired instructor
Diane Stephens
Upload a Resume
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
I would like to serve on this board to help with revitalizing the community I grew up in. I
would like to see the Greenwood community be a vital part of Clearwater growth and
development.
What personal qualifications can you bring to this board or committee?
I'm a life long member of the city of Clearwater as well as the Greenwood Committee. A
willingness to work and learn. Flexibility Knowledge of the Community
List Community Activities
Cemetery committee Pinellas African America History Museum Worked with the St John
Primitive Baptist Church Pantry Volunteer at the Clearwater African American Museum.
Mistress of Ceremony for the Greenwood Library Night at the Library Member of the
Clearwater Urban Leadership Coalition Volunteer Feed America
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n/a
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Diane_Stephens__Resume.docx
Diane Stephens
Date of Birth
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:
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.
05/12/1955
Diane Stephens
Diane Stephens
1720 N MLK Jr Av
Clearwater, FL 33755
727 422-0417
WORK EXPERIENCE:
Educator (37.5 years)12/1979 - 6/2016
Pinellas County School System
Department Chair for Exceptional Education
Taught GED Classes
Volunteerism:
District Monitoring and Advisory Committee (DMAC)2019 - present
The role of the committee is to monitor and advise the district of its implementation of unitary
status
NAACP 2019 - 2023
Education Chair
Lunch Pals (Mentor with School System)2018 - 2019
CRA Clearwater Urban Leadership Coalition (CULC)2020 -present
Co-Education Chair
Pinellas County African American History Museum 2018 - present
1101 Marshall St
Clearwater, Fl 33755
EDUCATION
AA St Petersburg Junior College
BA Grambling St University
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0827
Agenda Date: 7/15/2024 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: City Council
Agenda Number: 6.19
SUBJECT/RECOMMENDATION:
Appoint Marilyn Turman to the North Greenwood Community Redevelopment Area Citizens Advisory
Committee, as the Ex Officio member, with a term expiring September 30, 2027.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: North Greenwood Community Redevelopment Area Citizens Advisory Committee
TERM: 2 Years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not required
RESIDENCY REQUIREMENT: City of Clearwater; must reside, conduct business, or own a business in
the North Greenwood CRA area
SPECIAL QUALIFICATIONS: None
MEMBERS: 5; three are appointed by City Council and the remaining two members are appointed by the
Pinellas County Board of Commissioners. There shall be one Ex Officio member who represents the
Clearwater Urban Leadership Coalition, Inc.
CHAIRPERSON: TBD
MEETING DATES: TBD
PLACE: TBD
APPOINTMENTS NEEDED: 1
THE CLEARWATER URBAN LEADERSHIP COALITION, INC. HAS IDENTIFIED THE FOLLOWING
INDIVIDUAL AS THEIR REPRESENTATIVE:
1.Marilyn Turman - 1825 Kings Highway, 33755 - Communications Director
STRATEGIC PRIORITY:
Page 1 City of Clearwater Printed on 7/9/2024
Submit Date: Jul 03, 2024
First Name Middle
Initial
Last Name
Email Address
Home Address Suite or Apt
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Advisory Boards Application
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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?
1419 N. Betty Lane Clearwater
Which Boards would you like to apply for?
North Greenwood CRA Citizen Advisory Committee: Submitted
Occupation - If retired, enter former occupation.
Corporate Partnership Coordinator
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
Habitat for Humanity
Marilyn Turman
silkmrt1@tampabay.rr.com
1825 Kings Highway
Clearwater FL 33755
Home: (727) 433-2089
Self Employed -Director of Communications
Marilyn Turman
Upload a Resume
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
As a founding member of the Clearwater Urban Leadership Coalition, I am most familiar with
the journey that created the North Greenwood CRA. My knowledge in that area will be
beneficial to the committee as a whole. My desire and hands on approach to making North
Greenwood a Thriving Community.
What personal qualifications can you bring to this board or committee?
My knowledge of the North Greenwood Community and the organizations within it. My
Passion for the community. My ability to effectively communicate information to those in the
community. My Leadership Skills, Team Building skills, my ability to multi-task. My service to
this community acknowledged by: Clearwater Police Dept. Samaritan Award Recipient
Pinellas County Sheriff’s Leadership Award Recipient SEPIA Brotherhood Award Recipient
List Community Activities
All Clearwater Urban Leadership Coalition activities Organizer for a number of large
Community Events.
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)
Marilyn_Turmans_Resume_-
_24.pdf
Marilyn Turman
Date of Birth
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:
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.
05/25/1965
Marilyn Turman
M ARILYN T URMAN
Clearwater, FL 33... (727) 433-2089 Silkmrt1@tampabay.rr.com
SUMMARY
LEADERSHIP | COMMUNITY BUILDING | ENCOURAGER
Passionate professional with years of experience in public relations and community engagement. Effective
verbal and written communications skills. Attention to details, Builder and cultivator of community
partnerships. Business coaching, team building, leadership, encourager, trainer. Project Management, Large
scale event planning. Marketing, sales, advertising
AREAS OF PROFICIENCY
▪ Communications
▪ Marketing & Sales
▪ Public Relations
▪ Accounting
▪ Exceptional People Skills
▪ Quality Focused
▪ Event Planning
▪ Multi-Tasking
▪ Fundraising
▪ Project Management
▪ Donor Cultivations
▪ Microsoft Office Proficient
▪ Sound Engineer
▪ Sales
▪ Team Building
EMPLOYMENT
Clearwater Urban Leadership Coalition (CULC) September 2019 - Current
Director of Communications
Tampa Bay Black Business Investment Corp. – Clearwater, FL November 2017 – 2024
Independent Business Consultant
CEO InSource Consulting LLC
• Cordinate training to aide small businesses n the development & growth of their businesses through
one-on-one confidential consulting to existing and potential small business owners.
• Facilitate small business-related seminars and workshops.
• Provide clients with the needed technical assistance in a number of business related areas.
• Engage in community outreach to increase awareness of available services.
• Facilitate business loans
• Cultivate existing and develop new business relationships
• Coordinate events for networking opportunities
• Track progress of clients
• Current member of the SPARK Business Consortium
• Member CEO Roundtable
• Entrepreneural Training for Small Business
M T
2020 PLAN – St. Petersburg, FL April 2018 – December 2020
Director of Community Engagement
Served as Director of Community Engagement and represented the 2020 Plan in community and governmental
meetings. Provide input on ways to better connect and engage with members of the community.
Director of Community Engagement – Various Organizations
Build collaborations among government, Non-Profit Organizations and direct service providers throughout the
Tampa Bay Area for maximum collective impact for all aspects of community building.
Community Town Hall Meeting Organizer and Facilitator – (Council Members, Police Chief & Sheriff)
Community Conversations for Change Coordinator
Organizer GAAP – Gaining Appreciation by Adjusting Perspectives
Barbers Banding Together – Organizer
Founding Member & Director of Communications for the Clearwater Urban Leadership Coalition – Organizer
Organizer & Director of the Community Family Fun Night Organizer
Pinellas Suncoast Transit Authority (PSTA) – St Petersburg, FL Oct 1984 – Oct 2016
(Experience listed below) Retired
Corporate Partnership Coordinator
Bus Advertising Director
Admin. to the Executive Director & Human Resource Dept.
Professional Experience • Developed and coordinated special event partnerships within the community service area such as
Clearwater Jazz Holiday, Hispanic Festival, Rib Fest & other municipal special events
• Event Coordinator for “Community Family Fun Night.” Manged a team of over 150 volunteers, service
vendors, in partnership with various corporate partners and with Clearwater Police & Sheriff’s Office.
• Worked in partnership with regional agencies to help promote cross county services.
• Skilled in fundraising, and donor cultivation, obtained major sponsorships and donations from
individuals and corporations.
• Increased agency visibility and new community relationships through active outreach efforts
• Supervised and assigned duties for interns
• Coordinated special marketing events for new services, ribbon cutting ceremonies, grand openings
town hall meetings, etc.
• Coordinated internal events and initiatives to boost employee morale.
• Served on the public engagement team in outreach and educational presentations to promote services.
• Managed advertising sales contracts
• Contributed writings for various publications.
• Developed written program manuals for corporate ticket sales.
• Managed corporate ticket outlets and conducted monthly audits and generated sales reports for billing
• Skilled in organizing and coordination of office operations, procedures, and performed various clerical
duties in accordance with standard procedures which may include operating a computer, photocopying,
filing, tabulating information, answering telephones and processing mail. • Maintained complex files.
• Knowledge of MS Office- (Primarily Word, Excel and PowerPoint and Outlook)
• Entertainment Facilitator/ Sound Performance & Events * Stage and Sound Engineer
• Communications Director for Silk n Jeans Modeling.
PROFESSIONAL ORGANIZATIONS, AFFILIATIONS AND HONORS
Board Member Habitat for Humanity
Board Member Clearwater Neighborhood Family Center
Board Member Bethany Education & Human Services
InSource Consulting LLC, CEO
Owner/ Operator Sound Performance and Events
Clearwater Urban Leadership Coalition
Adhoc Committee Member for the Pinellas County Pinellas Cares
Faith & Wellness Committee
CEO Roundtable
Florida State Police Chief’s Accountability and Societal Change Committee
Social Justice Task Force
NAACP Executive Committee
Workforce Development Committee – CULC
Business Development Committee - CULC
Economic Development Committee – CULC
Tampa Bay Center for Community Transformation
Pinellas County Health Consortium
Superientendant of Church School
Clearwater Police Dept. Samaritan Award Recipient
Pinellas County Sheriff’s Leadership Award Recipient
SEPIA Brotherhood Award Recipient
PROFESSIONAL DEVELOPMENT
St. Petersburg College Corporate Training
Project Management
Communications
Time and Stress Managemnt
Practical Presentations
Social Media
Professional Communications
Business Writing for Professionals
Proficient in Microsoft Office (Word, Powerpoint, Excel)
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Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0831
Agenda Date: 7/15/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Attorney
Agenda Number: 6.20
SUBJECT/RECOMMENDATION:
Approve a supplement to a legal services agreement between the City and Bush Graziano Rice
and Hearing, P.A. for the legal representation in the matter of Nathaniel Brooks v. City of
Clearwater and Joseph Roseto, Civil Action No. 8:21-CV-02967-SDM-TGW, and authorize the
appropriate officials to execute same.
SUMMARY:
The City of Clearwater was served with a lawsuit alleging that Mr. Brooks’ civil rights were
violated by events that occurred between 2014 and 2018.
The Code of Ordinances requires the City to protect and defend both current and former
employees in any civil action or proceeding in any state or federal court arising out of any
alleged act or omission which occurred or is alleged in the complaint to have occurred while
the employee was acting within the scope of his public employment or duties. Mr. Roseto was
the former HR Director and named as a co-defendant with the City. The claims against Mr.
Roseto were dismissed in December 2023.
The City Attorney initially assigned defense of this lawsuit to the law firm of GrayRobinson, P.A.,
with Gregory Hearing, Esq. being the lead attorney. In October 2023, Mr. Hearing began
working for the law firm of Bush Graziano Rice & Hearing, P.A., and the City continued to use
the services of Mr. Hearing.
Due to the ongoing litigation, the case involving multiple defendants (City and Mr. Roseto), and
the likelihood of a week-long jury trial, it is necessary to increase the budget. This supplement
is for $90,000.00, which includes services through trial.
This purchase is exempt from bidding requirements pursuant to Section 2.563(1)(g),
Clearwater Code of Ordinances.
APPROPRIATION CODE AND AMOUNT:
Funding for outside counsel is budgeted in the City Attorney’s Office cost code 0109600-
530100, Professional Services. A third quarter budget amendment may be needed to offset
this increase if services are rendered as anticipated in this fiscal year.
Page 1 City of Clearwater Printed on 7/9/2024
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0835
Agenda Date: 7/15/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Attorney
Agenda Number: 6.21
SUBJECT/RECOMMENDATION:
Update Council Rules and adopt Resolution 24-10.
SUMMARY:
At the July 17 work session, Council directed the City Attorney to update Council Rules. As
directed, an updated rule has been drafted for Council’s consideration.
Page 1 City of Clearwater Printed on 7/9/2024
1 Resolution No. 24-10
RESOLUTION NO. 24-10
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING COUNCIL RULES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 2.08 of the Clearwater City Charter requires the City Council
to determine its own rules and order of business; and
WHEREAS, the purpose of City Council meetings is to conduct an orderly meeting,
and to vote on Council business; and
WHEREAS, Florida Statute § 286.0114 entitles the public to be heard regarding a
proposition before the City Council prior to the Council voting on said proposition; and
WHEREAS, the City Council last updated its rules in September 2023, via
resolution number 23-14, to ensure that agenda items are prioritized over matters
unrelated to and not on the Council agenda; and
WHEREAS, Council Rule 6 expands the public’s statutory right to be heard by
designating a time at each Council meeting for citizens to speak on matters unrelated to
any business item before the Council; and
WHEREAS, the City Council intends for this time to be reserved exclusively for the
use of local stakeholders, including individuals who either reside in Clearwater, pay taxes
to the City of Clearwater, are registered to vote in Clearwater, receive governmental
services from the City of Clearwater, work at a place of employment in Clearwater, attend
school in Clearwater, or hold contractual relationships with the City of Clearwater; and
WHEREAS, the City Council has found that this time is instead being monopolized
by individuals who have no apparent stake in or connection to the City of Clearwater; and
WHEREAS, the effect of this phenomenon has been to reduce the time and
attention afforded to citizens who actually hold a stake in or are directly affected by
decisions made by the City of Clearwater, thereby reducing the orderly functioning of City
meetings; and
WHEREAS, individuals who have no stake in Clearwater’s success, but who wish
to address the Council on matters related to the business at hand, are welcome to speak
to or on any matter on the Council agenda, at the appropriate time for citizen comments
regarding that agenda item; and
WHEREAS, individuals who have no particular stake in Clearwater and who wish
to address the Council on matters unrelated to the Council agenda or business at hand,
retain ample alternative means to do so via email, phone calls, social media comments,
or demonstrations outside of Council chambers; and
2 Resolution No. 24-10
WHEREAS, the Eleventh Circuit Court of Appeals, in the case of Rowe v. City of
Cocoa, Florida, 358 F.3d 800 (11th Cir. 2004), upheld the constitutionality of a bona fide
residency requirement; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Rule 6, Council Rules is hereby amended as follows:
(1) The order of business for a regular or special meeting of the City Council or
Pension Trustees shall ordinarily be:
A. Invocation
B. Pledge
C. Special recognitions and presentations (Proclamations, service awards, or other
special recognitions. Presentations by government agencies or groups providing
formal updates to Council will be limited to ten minutes.)
D. Minutes of previous meetings
E. Consent agenda
F. Public hearings (not before 6:00 p.m.)
Legislative and administrative matters:
1. Presentation of issues by City staff
2. Statement of case by applicant or representative (5 minutes)
3. Council questions
4. Comments in support and comments in opposition (See subsection (3)
below regarding time limitations for speakers.)
5. Council questions
6. Final rebuttal by applicant or representative (5 minutes)
7. Council motion to determine disposition
Quasi-judicial Hearings:
3 Resolution No. 24-10
1. Staff states its recommendation and briefly summarizes its reasons for the
recommendation and submits records (minutes, staff report, and
application) adduced before the Community Development Board (2
minutes)
2. Applicant presents case, including its testimony and exhibits (15 minutes)
3. Staff presents further evidence (10 minutes)
4. Public comment (See subsection (3) below regarding time limitations for
speakers.)
5. City Council discussion
6. Applicant may call witnesses in rebuttal (5 minutes)
7. Conclusion by applicant (3 minutes)
8. Council motion to determine disposition
Second Reading of Ordinances:
1. Public comment (See subsection (3) below regarding time limitations for
speakers.)
2. Council motion to determine disposition
All time limits may be extended upon request, and if upon
approval of request by a majority of the City Council.
G. Local Stakeholders to be heard regarding items pertaining to City business but not
on the agenda. Local Stakeholders shall include any individual who presents
evidence to the City Clerk prior to the commencement of the meeting, confirming
that the speaker meets one or more of the following criteria:
The speaker resides in Pinellas County, as evidenced by the address
shown on either the speaker’s Florida driver’s license or Florida
government identification, or by showing a voter registration card issued
by the Pinellas County Supervisor of Elections.
The speaker is a customer of the Clearwater Gas Company (“CGS”) or
other Clearwater utility, as evidenced by a utility bill issued to the speaker
within the past six months.
4 Resolution No. 24-10
The speaker owns real estate located in Pinellas County, as evidenced by
a recorded deed or other evidence of current title, or evidence of a
mortgage note issued in the speaker’s name as mortgagor.
The speaker is a full-time student attending classes at a physical campus
in Pinellas County, as evidenced by student identification, enrollment
letter, or academic transcripts reflecting the classes taken within the past
six months.
The speaker is employed at a for-profit or non-profit business entity with a
physical campus in Pinellas County, as evidenced by the speaker’s most
recent W-2 or a pay stub issued within the past six months.
The speaker is employed by a for-profit or non-profit business entity with
whom the City of Clearwater, its Community Redevelopment Agency
(“CRA”), or its Downtown Development Board (“DDB”) holds a contractual
relationship, including a relationship of grantee or grantor, as evidenced
by the City Clerk’s review of City records, CRA records, or DDB records.
The speaker is a licensed attorney representing or speaking on behalf of
any of the individuals above.
Any prospective speaker who, although not meeting the criteria above, is
reasonably determined by the Mayor to have a sufficient stake in the City
of Clearwater’s decisions so as to constitute a Local Stakeholder.
To facilitate an orderly meeting, the following rules shall govern this subsection “G”
relating to Local Stakeholders:
All Local Stakeholders must pre-register with the City Clerk, at least
twenty-four (24) hours prior to the meeting at which the Local Stakeholder
intends to speak during this section of the meeting. The City Clerk shall
include instructions regarding online pre-registration near the top or
beginning of each published Council agenda. Any individual who requires
reasonable accommodations in pre-registering may contact the City Clerk
during normal business hours, prior to the day of the Council meeting, to
receive assistance in pre-registering. Only those individuals who pre-
register and meet the qualifications described in this rule shall be allowed
to comment on or speak on matters unrelated to the agenda.
5 Resolution No. 24-10
For purposes of this rule, “items pertaining to City business” can include
any matter within the Council’s or the City Manager’s power to act, or any
matter that the Council previously voted on or discussed at the dais, or
any matter discussed by or scheduled to be considered by another
governmental entity that affects the operation of the City.
To enable the Council to effectively correspond with any respond to any
questions or concerns raised by a Local Stakeholder, each Local
Stakeholder who wishes to address the Council shall, in addition to any
evidence required by this rule, also fully complete a comment card and
submit the card to the City Clerk (right-hand side of dais) before the
speaker will be permitted to speak. If a comment card not been submitted,
or if the comment card is incomplete, the Clerk shall advise the Mayor of
the same. In such cases, the Mayor shall not allow the person to speak
until the person completes a comment card; however, the Mayor may
waive this requirement for good cause, including such instances where a
disability precludes the person from completing the card, or where the
identity of the person speaking is well known.
Local Stakeholders will limit their comments to a maximum of three
minutes. The Mayor shall advise the speaker that their time has expired.
If the person remains at the podium, thereby interfering with other persons
who may wish to be heard, the speaker’s microphone may be turned off,
or the Mayor may rule the person out of order in accordance with Rule 15.
H. City Manager reports
I. City Attorney reports
J. Council discussion items (work session only)
K. Other Council action (if agenda from work session)
L. Closing comments by Councilmembers (limited to 3 minutes)
M. Closing comments by Mayor
***
Section 2. This resolution shall take effect immediately upon adoption.
6 Resolution No. 24-10
PASSED AND ADOPTED this _______ day of _____________, 2024.
____________________________
Bruce Rector
Mayor
Approved as to form: Attest:
__________________________ _____________________________
David Margolis Rosemarie Call
City Attorney City Clerk
For purposes of this rule, "items pertaining to City business" can include
any matter within the Council's or the City Manager's power to act, or any
matter that the Council previously voted on or discussed at the dais, or
any matter discussed by or scheduled to be considered by another
governmental entity that affects the operation of the City.
To enable the Council to effectively correspond with respond to any
questions or concerns raised by a Local Stakeholder, each Local
Stakeholder who wishes to address the Council shall, in addition to any
evidence required by this rule, also fully complete a comment card and
submit the card to the City Clerk (right-hand side of daiVsbefore the
speaker will be permitted to speak. If a comment carcf'not been submitted,
or if the comment card is incomplete, the Clerk shall advise the Mayor of
the same. In such cases, the Mayor shall not allow the person to speak
until the person completes a comment card; however, the Mayor may
waive this requirement for good cause, including such instances where a
disability precludes the person from completing the card, or where the
identity of the person speaking is well known.
Local Stakeholders will limit their comments to a maximum of three
minutes. The Mayor shall advise the speaker that their time has expired.
If the person remains at the podium, thereby interfering with other persons
who may wish to be heard, the speaker's microphone may be turned off,
or the Mayor may rule thperson out of order in accordance with Rule 15.
H. City Manager reports
I. City Attorney reports
J. Council discussion items (work session only)
K. Other Council action (if agenda from work session)
L. Closing comments by Councilmembers (limited to 3 minutes)
M. Closing comments by Mayor
Section 2. This resolution shall take effect immediately upon adoption.
5 Resolution No. 24-10 ,`\6
8
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0784
Agenda Date: 7/15/2024 Status: DraftVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 6.22
SUBJECT/RECOMMENDATION:
Approve First Amendment to the Venue License Agreement between the City and Ruth Eckerd Hall Inc. for
the management and operation of The BayCare Sound and authorize the appropriate officials to execute
same.
SUMMARY:
A venue license agreement between the City and Ruth Eckerd Hall Inc. (REH) was entered into in
December 2022 to manage, program, and operate the venue now known as The BayCare Sound. The
grand opening of the park and BayCare Sound occurred on June 28, 2023.
During the first year of operation both the City and REH have recognized a need to amend the original
agreement to provide for clarification and definition of some operational issues which will strengthen the
agreement and relationship between the City and REH. These changes and additions to the agreement
will allow REH and the City to provide for more effective and efficient operations of The BayCare Sound.
New or amended language impacted twelve sections of the original agreement while two new sections and
eight new subsections were added. Approximately 60 issues are being addressed and clarified through
this amendment. Most of the contractual changes are intended to reflect the current operational standards
that have been established and in use by both parties but currently not in the agreement. In addition,
there are some key terms that have been negotiated that may be of specific interest to the Council and the
public (Term Sheet Between City and REH). Major revisions are as follows:
1.“Section 2.2 (h) - Operational Services” - Utilities - The agreement is technically silent regarding who
covers the cost of utilities however, REH has always been aware of and responsible for utility costs of the
Venue. The amended language clarifies this portion of the agreement. REH is responsible for 100 percent
of water, sewer for north restroom building and 50 percent for the main building restrooms and plaza
area/green space; 100 percent electrical and stormwater fees for the venue; 25 percent of solid waste and
trash compaction services while the City is responsible for 50 percent of water, sewer for main building
restrooms and plaza area/green space; 75 percent of solid waste and trash compaction services;
stormwater water fees for Coachman Park (less the Venue); 100% for reclaimed water and gas for the
torches; zero percent electric. Annual cost to the City for the shared services which serve park patrons
365 days a year will be approximately $38,180 while cost for all REH Venue utilities will be $114,870.
2.“Section 2.2 (h) - Operational Services” - Removable Seating - Seats in the Venue while removable can
remain year-round in the venue except for biannual cleaning or if the City wants to remove the seats for
City events.
3.“Section 2.2 (l) - Compliance with Laws” - Noise - REH must abide by the City’s noise ordinance which
can be amended by the Council. Staff will be recommending a revised ordinance in the future allowing
sound checks up to five hours before a concert but not before 10:00 am unless approve by the City
Manager. Also, sound levels are recorded, and noise complaint hotline monitored by REH.
4.“Section 2.2 (r) - Venue Management” - Boundaries - Currently REH can only stage vendors in the
Page 1 City of Clearwater Printed on 7/9/2024
File Number: ID#24-0784
boundaries of the Venue, but the amendment will allow REH to stage vendors in other areas of the park if
approved by the City Manager.
5.“New Section 2.2 (t) - Temporary Fencing and Other Equipment Setup and Removal” - Public Access -
Currently REH can restrict access to the Venue at any time, while this amendment will allow public
access to use the main restrooms up to three hours before events and lawn area on the hill during most
non-event days.
6.“Section 3.3 - Securing the Venue” - Physical Security - Amends language to reflect that not only the
City but also REH may secure areas of the venue including the stage and covered seating areas when not
in use for events; including locking doors, fencing, and gates. Also, clarifies the location of all temporary
and permanent fencing which will restrict free viewing of concerts from the park.
7.“Section 3.5 (b) - Venue Sponsorships and Associated Benefits” - Venue Sponsor- Provides for REH
to donate ten tickets to the Venue Sponsor rather than the City or sponsor having to pay REH for the
tickets. Based on the price of tickets for the past year, staff estimates that the value of this donation and
thus cost savings for the city will be approximately $51,000 to $56,000 a year. REH has indicated that the
fair market value of this donation may be as much as $78,750 based on 35 events which include View
passes.
8.“Section 3.8 (e) - City Assets and Maintenance” - Cleaning - REH is currently responsible for cleaning
services relating to the Venue including the restrooms. Since, Section 2.2 (t) of the amended agreement
allows the City access to the main restrooms in the venue for public use up to three hours before an event
or approximately 330 days per year the City is responsible for cleaning during these days. REH cleans
restrooms during and after their events. The City provides and pays for all restroom supplies. The annual
estimated cost for all restroom supplies for Coachman Park and the Venue is approximately $20,000 per
year. REH use of these supplies is estimated to be approximately $3,500. REH covers the cost of
electricity and HVAC for the restrooms.
9.“Section 3.11 - City Events” - City Events - Reduces the amount of time needed to schedule a City
event from 365+ days to 180+ days prior to the event and gives REH five business days to confirm a
contractually obligated event for the venue date requested by the City. This section also clarifies the use
of professional venue management services when used at City events. REH will retain the exclusive rights
for concessions and ticketing services for City events. If at the discretion of the City Manager professional
management services are required, they will also be provided by REH. The City may use services provided
by in-house staff, volunteers or third-party vendors to save money for the following services; equipment
rental, backstage catering, cleaning of venue, customer service personnel.
10.“Section 5.2 - Profit Sharing” - Timing of payment - Modified this section to allow REH to make annual
profit-sharing payments from “calendar year” to “fiscal year”.
11.“Section 5.5 - City Information Rights” - Records Review - Allows the City more flexibility in reviewing
financial data and records of REH. The current agreement allows City staff to review financial data from
REH once a year while the amended agreement will allow the City to access and perform reviews of
financial data four times per year and allows the City to use outside auditors.
12.“Section 9.3 - Order of Precedence” - This section is deleted in its entirety and replaced with new
language. This amendment is needed to clarify and reflect the new relationship between all parties and
the order of precedence if any conflicts arise between the various agreements relating to the Venue.
City staff and REH are supportive of this amendment as it will provide a more stable business model that
allows REH to operate the Venue as successful as they can, thus providing quality entertainment for the
community, while at the same time allowing the citizens to enjoy many of the amenities of the Venue
when not in use by REH.
Page 2 City of Clearwater Printed on 7/9/2024
File Number: ID#24-0784
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITIES:
Approval of this amendment supports several Strategic Plan Objectives, including:
·1.5: Embrace a culture of innovation that drives continuous improvement and successfully serves all
our customers.
·2.1: Strengthen public-private initiatives that attract, develop, and retain diversified business sectors.
·2.2: Cultivate a business climate that welcomes entrepreneurship, inspires local investment, supports
Eco-friendly enterprises, and encourages high-quality job growth. and
·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and
national sporting events.
Page 3 City of Clearwater Printed on 7/9/2024
Page 1 of 14
FIRST AMENDMENT TO VENUE LICENSE AGREEMENT
This First Amendment to the Venue License Agreement (“First Amendment”) is made
as of the ____ day of _______________, 2024 by and between the City of Clearwater, Florida, a
municipal corporation herein referred as “City” and Ruth Eckerd Hall, Inc., a Florida not-for-
proflt corporation “Licensee” and collectively with the City, the “Parties”.
WHEREAS, the City and Licensee entered into that certain Venue License Agreement
dated December 12, 2022 for the Licensee to manage and operate an Amphitheater located
within Coachman Park described therein, and commonly known as The Sound; and
WHEREAS, the Licensee has successfully operated The Sound since June 2024, and
has met all parameters of the lease; and
WHEREAS, during the flrst twelve months of operation both the Licensee and the City
have determined that there are some portions of the agreement that need clariflcation; and
WHEREAS, the Licensee and City also agree that there are some additional portions
of the agreement that need to be modifled and strengthened; and
WHEREAS, the Parties desire to amend the Agreement to refiect the terms as
provided for in this First Amendment.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
Parties agree to amend the Venue License Agreement as follows:
Recitals. The foregoing recitals are true and correct and are hereby incorporated in and
form a part of this First Amendment.
“Section 2.2(e) – Property Security for events” is hereby amended in title to say, “Section
2.2(e) – Safety of Attendees at Events,” and add the following language after the flnal
sentence in that section:
Clearwater Police, Fire and Parks and Recreation Departments representatives
will be notifled via email by Licensee immediately when an event is conflrmed.
Capacity for ticketed events using the green lawn east of the covered seats shall
be determined by City safety officials. The deadline to increase or decrease
attendance capacity shall be no later than twenty-one (21) calendar days before
the event unless otherwise agreed to by the parties. The parties have agreed to
standard seating conflgurations depicted in composite Exhibit “G”. The Licensee
may use any of these standard seating conflgurations for its events. In the event
the Licensee desires to use a different seating conflguration, or increase the
number of seats, the Licensee will submit the request to the City for approval
Page 2 of 14
prior to selling tickets for the event. The City will review the request and, within
the applicable law and ordinances, determine in the exercise of reasonable
discretion whether the request can be granted. City will respond to such
requests in a timely manner.
The City’s standard operating procedure for Severe Weather is included as
Exhibit E, and both parties have agreed to follow the City’s policy regarding
Severe Weather. The City shall not be responsible for any costs, loss of revenue,
incidental, or consequential damages as a result of an event the Licensee
cancels or is required to cancel as a result of the Severe Weather policy.
“Section 2.2(h) – Operational Services” is hereby amended to add the following language
after the flnal sentence in that section:
Licensee shall be billed on a quarterly basis for electricity at the Venue, including without
limitation the main building and north restroom building. Concerning allocation of other
costs, Licensee also shall be billed and shall pay 100% of the cost of water, sewer, and
wastewater for the 1½ inch meter that services the north restroom building (which is open
for Licensee or city events only). The City and Licensee each shall be billed and shall pay:
50% of the costs of water, sewer, and wastewater for the 2 inch meter that services the public
restrooms and main building at the Venue; and 50% of the costs of water, sewer, and
wastewater for the 1½ inch meter that services the vendor areas in the plaza and in the green
(the grassy area beyond the venue fencing near South Gate 2). The Licensee shall also be
billed and pay 25% of all fees and charges for solid waste and trash compaction services,
which will be billed to the Licensee by the City on a quarterly basis, and the City shall pay
75% of such solid waste and trash compaction fees and charges. The Licensee shall be
billed and pay the proportionate stormwater fees for the Venue for the impervious area which
is shown on Exhibit F, according to the City Code of Ordinances. The City shall pay the
portion of any stormwater fees for the balance of Coachman Park area not included in Exhibit
F, along with 100% of any gas fees incurred as a result of the gas torches affixed to the Venue,
and not seek reimbursement from the Licensee for either expense. The gas torches shall be
separately metered. Any future utilities installed by or at the request of the Licensee, such
as dedicated Wi-Fi for the Venue or cable television for the Venue, shall be paid 100% by the
Licensee, or the City shall be reimbursed 100% for those costs.
All removable seats may remain throughout the year, apart from twice a year when all
seats are removed for turf maintenance and deep cleaning (typically Summer and
Winter). The City shall notify the Licensee at least thirty (30) days in advance of
scheduled maintenance and deep cleaning. In addition, the Licensee shall remove
some or all seats at the City’s request and Licensee’s expense prior to scheduled City
Events.
The parties recognize that the Venue was designed to accommodate 4,000 persons
seated under the canopy. The Licensee may hold larger events by issuing tickets for
Page 3 of 14
customers to sit in the lawn area, in addition to the 4,000 persons who can be
accommodated under the canopy. However, the total occupancy of the Venue shall
be determined by the City in compliance with the Florida Building Code and Florida
Fire Prevention Code, as amended from time to time. The Venue was designed for
public restroom facilities in the building and adjacent freestanding facility in the lawn
seating area serving the structure and up to 4,000 persons seated under canopy. If
the Licensee elects to hold larger events, exceeding 4,000 people, the Licensee shall
provide any portable or temporary restroom facilities the Licensee deems
appropriate, at the Licensee’s sole cost.
Licensee will include small or private event rentals on the event calendar for City
reference. When a private event is held solely at or within The View, the public
restrooms and other public areas will remain accessible to the public using
Coachman Park.
“Section 2.2(j) -- Parking Facility at the Venue” is hereby amended to add the following
language after the flnal sentence in that section:
Prior to and during an event, the south side of Drew Street adjacent to the Venue is
reserved for public safety vehicles and equipment; Licensee will utilize the north side
of Drew Street for operational use.
“Section 2.2(1) -- Compliance with Laws” is hereby amended to add the following language
after the flnal sentence in that section:
In the operation of the Venue, the Licensee shall materially comply with all laws,
ordinances, and regulations applicable to it with respect to operation of the Venue,
including noise ordinances, as amended from time to time. Sound levels will be
monitored and recorded by Licensee and all records regarding sound must be
retained for a period of one year from performance date.
The parties have agreed to propose amendments to the City’s noise ordinance that,
if adopted by the City Council, will expressly allow the Licensee to conduct sound
checks within a flve-hour window before gates open for a scheduled event; however,
the proposed ordinance will not allow any sound check prior to 10:00 AM unless an
exception is approved in writing by the City Manager or designee. The parties agree
that unless and until the noise ordinance is revised by the City Council, the Licensee
shall continue to comply with the City’s existing noise ordinance.
Regardless of whether the City’s noise ordinance is amended, the Licensee will
maintain a community hotline for neighbors and citizens to report real-time issues
during the events including noise mitigation. Licensee will contact the complainant
within a period of two (2) business days from the complaint; keep a record of all
complaints; assist the City with complaints reported to City Council or other City
Page 4 of 14
officials within two (2) business days; and provide reports upon request from the City
regarding the number, type and resolution of the complaints received from the
hotline.
“Section 2.2(o) – Maintenance” is hereby amended to read as follows:
Licensee shall be responsible for maintenance of all assets owned by the Licensee,
including any Wi-Fi used for operational purposes, and shall keep such assets in good
repair, normal wear and tear excepted, and shall report any known issues related to
the Venue or any other City Assets to the City’s Venue Manager. The City is
responsible for general building maintenance and repairs throughout the Venue and
Coachman Park, including, without limitation, HVAC, Plumbing, Electrical and other
licensed tradeswork, and will perform these functions on weekdays between the
hours of 7:00AM and 4:00PM. If a repair is needed outside of these times, the
Licensee shall utilize one of the City’s approved Mechanical, Electrical, and Plumbing
contractors from a list provided by the City’s Building and Maintenance department.
For minor repairs and during emergencies, Licensee may utilize their own staff or
vendors to make the necessary repairs. The Licensee shall notify the City’s Venue
Manager of such repairs as soon as practical after the repair commences, Licensee
shall, in consultation with the City, conduct periodic risk management inspections.
If and to the extent that any maintenance or repairs are performed on the City Assets,
for or on behalf of the City, such maintenance or repairs shall be performed in a good
and workmanlike manner and in material compliance with applicable laws. Any
repairs made to City Assets for and on behalf of the City, shall be reimbursed within
Thirty (30) days of written request to the City.
“Section 2.2(r) -- Venue Management” is hereby amended to add the following language after
the flnal sentence in that section:
Licensee may stage vendors in the food court or any location within the boundaries
of the Venue, as well as other locations requested and approved by the City Manager
or their designee. Licensee shall fully reimburse the City for any damage caused by
Licensee vendors to City assets, including without limitation irrigation, electrical
boxes, plant material or other foliage, fences, or other City-owned equipment. Any
damage caused by Licensee vendors must be reported to the City as soon as
possible.
Waterfront access will be available to the public during concerts unless approved
otherwise by the City Manager or their designee. As stated in Section 2.2(h), when a
private event is held at The View, the park and main building restrooms will remain
open to the public.
Page 5 of 14
A new section is hereby created in the contract, to be titled, “Section 2.2(t) – Temporary
Fencing and Other Equipment Setup and Removal.” This new Section 2.2(t) shall read as
follows:
(t) -- Beginning at 7:00AM the day before a Licensee event, the Licensee may utilize
the Venue in a non-exclusive capacity to set up equipment such as tents, barricades,
tables, temporary fencing, and green privacy screening. The green privacy screening
may be affixed to the fence. However, the Licensee shall not be allowed to “stake” or
otherwise inert any fencing, barricade, or other equipment into City property, such as
the City’s landscape or hardscape, without advance written permission from the City.
In addition, while engaging in setup activities the day before an event, the Licensee
shall allow public access to the Venue except for the seating area located under the
canopy.
Notwithstanding the previous paragraph, the Licensee may restrict access to the
Venue the day before a scheduled event for the express purpose of conducting sound
checks or performing or supervising necessary repairs. The parties intend for such
restrictions to be used infrequently, and for public access to be restricted only to the
extent absolutely necessary for the Licensee to perform these functions.
Access to the main public restrooms will be accessible until three (3) hours prior to
the scheduled gate opening, except in the event of emergency closure.
After an event concludes, any privacy screening erected by the Licensee shall be
removed by the Licensee at its own expense within twenty-four (24) hours, unless a
different performer is scheduled by the Licensee to perform within flve (5) days of the
event that most recently concluded. If a different performer is scheduled by the
Licensee within that flve (5) day period, the Licensee may allow the privacy screening
to remain in place.
A new section is hereby created in the contract, to be titled, “Section 2.2(u) – Modifications
and Upgrades to the Venue.” This new Section 2.2(u) shall read as follows:
(u) -- Licensee shall submit to the City in writing any requested or desired
improvements or modiflcations to the Venue. The City will determine on a case-by-
case basis whether to authorize the Licensee to perform the work at its own expense,
whether the City shall perform the work at Licensee expense, whether the City shall
participate or contribute flnancially to any upgrade, or whether to disapprove the
modiflcation in whole or in part. Any modiflcations or upgrades to the Venue
performed by the Licensee must receive proper permits from the City.
“Section 3.3 – Securing the Venue” is hereby amended to read as follows:
Page 6 of 14
Securing the Venue. The Licensee may, in its sole discretion, take reasonable and
necessary actions to secure the stage and the covered seating area when not in use
for events or preparation therefor. Such actions shall include, but not be limited to,
locking doors, fencing, and otherwise restricting access to the public as necessary
to ensure the physical security of all City Assets and Licensee Assets at the Venue.
Notwithstanding the previous paragraph, all agreed upon and allowed locations of
temporary and permanent fencing is depicted in Exhibit F. Any permanent and
temporary fencing shall be purchased and provided by the City. The Licensee shall
only use fencing provided by the City, or expressly approved in writing by the City. Any
physical alteration of the Venue other than fencing, such as the installation of new
doors, shall be requested by the Licensee pursuant to the process described in
Section 2.2(u) of this First Amendment.
“Section 3.5 – Venue Sponsorships and Associated Benefits” is hereby amended to read as
follows:
Venue Sponsorships and Associated Beneflts. The City shall negotiate, administer,
and execute in the City' s name, all Venue Sponsorships and Park Sponsorships. For
purposes of this Agreement, " Venue Sponsorships" means sponsorships for naming
rights for the Venue and any portion thereof, including suites, sections, concession
areas, etc., alcoholic and non-alcoholic pouring rights for all areas of Coachman Park
and the City, and any other sponsorship associated with the physical Venue and flxed
infrastructure to the extent owned by the City.
As one example of a Venue Sponsorship, the parties acknowledge the City’s Naming
Rights Agreement with BayCare approved by the City Council on March 7, 2024. The
phrase “Venue Sponsor,” as utilized in this First Amendment or elsewhere in the
original Venue License Agreement, shall now refer to BayCare, and may be used
interchangeably with BayCare.
While recognizing that the City owns the entire Venue, along with Coachman Park,
the City and, if applicable, its third-party sponsorship marketing entity, shall continue
to work in good faith with the Licensee in the negotiation, administration and
execution of any Venue Sponsorships or Park Sponsorships. The beneflts available to
the Venue Sponsor, and compensation owed to the Licensee, shall be governed by
the following terms:
“Section 3.5 – Venue Sponsorships and Associated Benefits” is hereby amended as to
subsections 3.5(b) and 3.5(f), with those subsections now reading as follows:
(b) – The Licensee shall donate the ten (10) tickets described in subsection 3.5(a) to
the Venue Sponsor at no cost to either the City or the Venue Sponsor.
Page 7 of 14
(f) – In addition to the ten (10) donated tickets described in Subsection 3.5(b), but
subject to ticket availability, the Licensee shall afford the Venue Sponsor an
opportunity to purchase at least two (2) additional front section or highest price
seating tickets, as determined by the Licensee (the “Additional Tickets”). The timing
of this opportunity shall coincide with a pre-sale period determined by the Licensee,
in the exercise of reasonable discretion. Any Additional Tickets purchased by the
Venue Sponsor pursuant to this provision shall be paid by the Venue Sponsor at full
retail price, including any fees, surcharges, and taxes that would normally be
assessed to any other retail purchaser.
“Section 3.5 – Venue Sponsorships and Associated Benefits” is hereby amended to create
new subsections 3.5(g), 3.5(h), 3.5(i), 3.5(j), 3.5(k), and 3.5(1), which shall add the following
new language:
(g) – When the Licensee creates or publishes marketing materials or media buys
relating to the Venue, and said marketing materials or media buys contain a logo, the
logo shall be an approved Facility Logo, as that term is deflned in that Naming Rights
Agreement between the City and BayCare approved by the City on March 7, 2024. In
addition, and without limiting the foregoing, the Licensee shall comply with the Style
Guide once flnalized. The Licensee may propose a variance or departure from the
Style Guide, but the Licensee must flrst submit the proposal to the Venue Sponsor for
approval. Throughout this amended agreement, the phrase “Facility Logo” shall carry
the same meaning.
(h) -- Licensee shall have sixty (60) days past the effective date of an agreement
between the City and Venue Sponsor to deplete any inventory with the Old Facility
Logo, as deflned in that Naming Rights Agreement between the City and BayCare
approved by the City on March 7, 2024. The Licensee shall allow the Venue Sponsor,
at the Venue Sponsor’s sole discretion, to purchase any inventory for destruction.
Said purchase, should the Venue Sponsor make this election, is intended solely to
reimburse the Licensee’s actual costs; therefore, the purchase shall be without
markup. Any and all inventory purchased by the Licensee after the effective date of
this agreement shall, if appropriate for the inventory item purchased, include the full
name of the Venue, a Facility Logo, or both. As provided in the naming rights
agreement between the City and BayCare, approved by the City Council on March 7,
2024 (“Naming Rights Agreement”), BayCare (the “Venue Sponsor”) will be
responsible for all costs associated with the creation and distribution of staff
uniforms bearing a Facility Logo.
(i) -- Licensee shall allow the Venue Sponsor to reserve the VIP area – which is referred
to interchangeably as the View – to the extent provided in the Naming Rights
Agreement, upon request to Licensee, and if agreed to by Licensee, in its sole
discretion. Should the Venue Sponsor opt for use during a Licensee event, Licensee
will be compensated at the prevailing rate. To be clear, Licensee is not required to
Page 8 of 14
forego revenue associated with the View during or in connection with a Licensee
event.
(j) -- Licensee will use best efforts, including supervision of its contractors and
performers, to minimize obstruction or concealment of any stage-adjacent signage
displaying a Facility Logo.
(k) – The Licensee shall acquire and use the new domain name
www.TheBayCareSound.com as the primary website from which customers can view
upcoming events at the Venue and purchase tickets. The Licensee shall be
responsible for hosting or contracting with a third party to host and maintain the
website.
(l) -- Licensee agrees that all Licensee staff uniforms shall include a Facility Logo if
said uniforms are designed and produced at BayCare’s expense pursuant to the City’s
Naming Rights Agreement with BayCare approved on March 7, 2024. The City and
Licensee recognize the Licensee’s authority to set uniform and dress code standards
for its employees, but the Licensee shall not withhold authorization or prohibit its
staff from wearing uniforms bearing a Facility Logo if the costs were paid by BayCare
and the uniforms otherwise conform to Licensee standards. The Licensee shall
ensure that any and all use of the Facility Logo complies with the Style Guide referred
to in the City’s Naming Rights Agreement with BayCare approved on March 7, 2024
(m) – Licensee agrees that if the Licensee’s technology allows, a Facility Logo will
appear on any and all digital tickets sold by or issued by the Licensee. In such cases,
the Licensee shall in the exercise of reasonable discretion determine the location and
size of the Facility Logo on each digital ticket. If the Licensee’s technology does not
allow a Facility Logo to appear, “The BayCare Sound” shall appear on the digital ticket
in lieu of a Facility Logo.
“Section 3.8 – City Assets and Maintenance” is hereby amended to create a new subsection
3.8(e), which shall read as follows:
(e) -- The City shall pay for and stock the supply closets at the Venue with paper
products, hand soap and cleaning supplies. The City is responsible for cleanliness of
the restroom facilities on the south side of the Venue until four (4) hours prior to a
Licensee’s event, at which time the Licensee becomes responsible for cleaning and
supplying the restrooms. The Licensee will ensure that all restrooms are cleaned and
restocked at the conclusion of a Licensee event, regardless of when the next Licensee
event is scheduled to occur. The Licensee may utilize the City’s stock supply located
in the supply closet to perform the restock, but the Licensee shall be responsible for
its own labor costs in performing its required cleaning and restocking.
“Section 3.11 – City Events” is hereby amended to read as follows:
Page 9 of 14
The City shall have the right to use the Venue, or any portion thereof, for governmental
purposes hosted by the City or staffed by City personnel, without payment of any
rental or usage fees, on July 4, July 5, and up to ten (10) additional dates per calendar
year during the Term (such events, “City Events”). For any City Event occurring on or
before July 1, 2024, the City shall provide at least one hundred and twenty (120) days’
notice to the Licensee prior to scheduling the City Event.
For any City Event occurring after July 1, 2024, the City shall provide at least one
hundred eighty (180) days' notice to Licensee prior to scheduling the event. The
Licensee shall then have flve (5) business days to conflrm that a performer is already
contractually obligated to perform on the day(s) of the requested City event. If a
performer is contractually obligated to perform on the date(s) in question, and the
Licensee identifles that performer or artist for the City’s information, the City shall
select a different date for its City Event(s). However, if flve (5) business days elapse
after the City notifles the Licensee of its planned City Event, and the Licensee has not
by the end of the flve (5) day period advised the City of a confiicting contractually
conflrmed performance, the City Event shall be held on the date identifled by the City.
For the avoidance of doubt, a temporary " hold" shall not be considered a letter of
agreement or scheduling confiict for purposes of this section.
Any unused City Events shall expire at the end of each calendar year and shall not be
subject to rolling forward to the next calendar year if unused.
The City shall act in good faith to avoid scheduling a City Event promoted by a person
or entity that competes with the Licensee, unless previously agreed in writing by the
Licensee that such event would not be a confiict.
In regard to the use of professional venue management services at City Events, the
following provisions shall govern:
The licensee will retain exclusivity for concessions and ticketing services for all City
Events notwithstanding the following. When in the determination of the City Manager,
professional venue management services are not necessary for a City Event, the City
shall not be obligated to use the Licensee’s stage management services (so long as
no professional stage management services are utilized). Otherwise, the Licensee
shall retain venue exclusivity for professional venue management.
The City at its discretion can procure speciflc services for a City Event at a cost
savings evidenced to Licensee in the following instances:
• Where the City can secure rental equipment at a lower costs through a
vendor of its choice.
Page 10 of 14
• Where the City can source backstage catering from another vendor at
a lower cost.
• Where the City can utilize City services to clean and return the site to
pre-event conditions.
• The City retains the right to determine appropriate number of event
staff for customer service when there is open seating and, may opt to
supplement or not with licensee and/or City staff.
• The City acknowledges that when engaging other vendors, use of
Licensee’s equipment by the City or its vendor may be restricted,
limited and/or require supervision, at Licensee’s sole discretion.
For City Events in which Licensee services are used, the City shall reimburse the
Licensee for any hourly labor, supplies, catering, and other documented out of
pocket costs and expenses approved in advance by the City in support of the City
Event, along with any emergency or unforeseeable costs reasonably incurred by the
Licensee during the event or on the day of the event. Said reimbursement shall be
without markup or profit, and such reimbursement shall be due and payable upon
receipt of a reasonably detailed invoice from Licensee documenting each cost for
which reimbursement is sought.
The parties intend for the vast majority of City Events to be free to the public or
offered to the public at minimal cost of admission. In the event the City partners
with a for-profit entity to host or perform at a specific City Event, and the for-profit
entity sells any individual admission tickets to such City Event, and the face value of
any ticket to such City Event exceeds twenty-five dollars ($25.00), the City shall use
the Licensee for professional event management, notwithstanding the previous
paragraphs or any other provision in this First Amendment. Should the Licensee’s
services be utilized pursuant to this paragraph, the City will pay Licensee (if required
by Licensee) a facility rental fee equal to fifty percent (50%) of its regular facility
rental fee. This fee will be billed to the City in a detailed, itemized invoice.
In addition to the ten (10) City Events and July 4, July 5, and July 6 (collectively, “the
Fourth of July events”), the City reserves the right to reserve the unshaded lawn
portion of the Venue at no cost to the City when no scheduling confiicts exist (“Lawn
Events”). To reserve a Lawn Event, the City must notify the Licensee of the City’s
intended or tentative date. The tentative Lawn Event date must occur within sixty (60)
days of the City’s notiflcation to the Licensee. If the Licensee has been properly
notifled, the Licensee shall notify the City within three (3) business days whether the
Licensee has contractually conflrmed a confiicting performance occurring on the
tentative date of the Lawn Event. In the event of such confiict, the Lawn Event shall
not occur. In the event that no confiict exists, or the Licensee fails to respond to the
Page 11 of 14
tentative Lawn Event within the allotted timeframe, the unshaded lawn portion shall
be reserved for the Lawn Event.
During Lawn Events, the City may, in its discretion, either utilize in-house staff or a
third-party vendor of its choosing to provide food and beverage or other services that
may be desired by the City for the Lawn Event. Similar to City Events, the parties
intend for the vast majority of Lawn Events to be available at no cost to the general
public, or at minimal cost. However, the City will use the Licensee for relevant
services in support of the Lawn Event if the City or a for-proflt partner sells any
admission ticket to a Lawn Event which carries a ticket face value exceeding twenty-
flve dollars ($25.00).
Unlike City Events, Lawn Events shall not be limited in number or by date. The City’s
only restriction(s) on Lawn Events shall be the notification and conflict provisions
described in the previous paragraph.
The City shall not schedule any City Event or Lawn Event promoted by a person
or entity that competes with the Licensee, unless Licensee agrees in writing prior to the
scheduling of such City Event or Lawn Event.
“Section 3.12 – Additional Events” is hereby amended to read as follows:
Licensee will reserve the traditional dates for Jazz Holiday festival on an annual
basis, contingent upon mutually agreeable terms between Licensee and the event
organizer. In addition, the Licensee will use reasonable efforts to work with other
third parties to organize certain community events on mutually agreeable terms.
Remuneration and contracting for Jazz Holiday and these additional events shall be
separately negotiated between the Licensee and the entity hosting the event
without the City’s involvement. In the event that Jazz Holiday and the Licensee are
unable to agree on satisfactory terms, and the City decides to host or allow Jazz
Holiday elsewhere in Coachman Park (other than the Venue), then no portion of the
Venue shall be used by the Licensee or any of its contractors or private event guests
during Jazz Holiday scheduled performance days in the park. However, Jazz Holiday
may notify the Licensee at least one hundred and eighty (180) days prior to the first
day of the third week in October that the Jazz Holiday event for that year will occur
on a different week. If such notification is made, the revised dates shall serve as the
Jazz Holiday event dates for purposes of this section. For the avoidance of doubt,
the City shall not be responsible for any payment to Licensee in support of Jazz
Holiday or any other third-party event unless the City expressly agrees otherwise.
“Section 5.2 – Profit Sharing” is hereby amended to read as follows:
Provided that its operations from the venue generates at least an eight percent (8%)
proflt margin to the Licensee, the Licensee shall make an annual payment to the
Page 12 of 14
City, no later than one hundred twenty (120) days following the end of the City’s prior
flscal year, (the “Proflt Share”), equal to twenty-flve percent (25%) of the proflts in
excess of the 8% proflt margin.
“Section 5.5 – City Information Rights” is hereby stricken and deleted in its entirety, and
replaced with the following:
Records and Right to Audit. The Licensee will provide the City with a quarterly report
listing the aggregated number of tickets sold for all events held during the prior
calendar quarter and the number of free tickets provided, and the number of tickets
refunded and chargebacks suffered related to ticket sales during that prior quarter.
In addition, the Licensee agrees to keep all books, accounts, records, and other
documents covering all transactions relating to this Agreement in accordance with
generally accepted accounting principles for a period of flve (5) years and for such
additional reasonable period as the City may request.
The City shall have the right, up to four (4) times per calendar year, with said dates
determined in the City’s discretion upon at least ten (10) calendar days’ notice to the
Licensee, to fully examine such books, accounts, and records and all other
documents and material in Licensee's possession or under its control, with respect
to the City Ticket Allocation, City Ticket Rebate, Proflt Sharing, including gross sales
and associated expenses, in addition to Program, Venue and Park Sponsorships, in
accordance with the terms of this Agreement for the purpose of validating the
documentation and calculations that support all payments to the City.
The City reserves the right to conduct or cause to be conducted an independent audit
of any flnancial transaction under this Agreement, or other terms of this Agreement,
and such audit may be performed by the City's audit staff, a certifled public
accountant flrm, or other auditors designated by the City and will be conducted in
accordance with applicable professional standards and practices.
The acceptance by the City of any statement by Licensee, or of any payment, shall
not be deemed a waiver of the right of the City to claim additional payment after a
review and inspection of Licensee's books and records nor shall such acceptance
constitute a waiver by the City of any claim for a refund from Licensee for any
overpayment.
“Section 9.3 – Order of Precedence,” is hereby stricken and deleted in its entirety, and
replaced with the following:
The Parties acknowledge that the City, as the entity that owns and paid for the Venue,
has previously entered into separate, third-party agreements with The Superlative
Group, Inc. and with BayCare. To promote a harmonious and consistent experience
Page 13 of 14
for all involved entities, vendors, and guests, the City authorizes the Licensee to enter
into a separate Memorandum of Understanding (“MOU”) or side agreement relating
to the Venue with either or both of these entities. The Licensee shall promptly provide
the City a copy of any proposed MOU or side agreement between the Licensee and
BayCare, or the Licensee and The Superlative Group, Inc. The City may, in its sole
discretion, elect to join said agreement(s) as a party.
Nothing in this First Amendment shall entitle the Licensee or any other entity to enter
into any agreement affecting or relating to any City property or City assets outside of
the Venue, unless the City has granted this right by written contract or other written
permission.
While the Parties intend for all agreements to interact seamlessly and be given
maximum effect, the Parties recognize that latent or patent ambiguities may arise, or
inadvertent confiicts may be created. In the event of a confiict or ambiguity, the order
of precedence shall be as follows, from the most controlling agreement to the least
controlling:
• The “Naming Rights Agreement” entered into between the City and BayCare
on or around March 7, 2024.
• This “First Amendment to Venue License Agreement” entered into between
the City and the Licensee, which the Parties expect to execute in July of 2024.
• The original “Venue License Agreement” entered into between the City and
the Licensee on or around December 15, 2022.
• The “First Amendment to the Professional Services Agreement Between the
City of Clearwater, Florida & The Superlative Group,” entered into between the
City and The Superlative Group on or around February 2, 2023.
• Any supplemental or side agreement entered into between the Licensee and
BayCare, or the Licensee and The Superlative Group, Inc., regardless of the
date on which said agreement is executed.
Page 14 of 14
19761090v
CITY OF CLEARWATER, FLORIDA Countersigned:
___________________________ ________________________
Jennifer Poirrier Bruce Rector
City Manager Mayor
Approved as to form: Attest:
_________________________
David Margolis Rosemarie Call
City Attorney City Clerk
REH, INC.
WITNESS: By: _______________________________
Susan M. Crockett
President and CEO
_________________________________
Signature
_________________________________
Print Name
_________________________________
Address
_________________________________
City, State, Zip Code
_________________________________
Signature
_________________________________
Print Name
_________________________________
Address
_________________________________
City, State, Zip Code
Map ID Map Name Total Capacity Pit Cap Reserved Cap Lawn Cap G/A Cap Lawn Bike Rike Notes
1a Full Reserved 4258 0 4258 0 0 No Covered/Pavilion seating only1bFull Reserved + Small Lawn Up to 5,000 0 4258 Up to 1,000 0 No Covered Reserved seats plus up 2,000 tickets sold on the lawn
1c Full Reserved + Medium Lawn Up to 7,000 0 4258 Up to 2,500 0 Yes- single Covered Reserved seats plus between 2,000 and 4,700 tickets sold on lawn
1d Full Reserved + Large Lawn Up to 9,000 0 4258 Up to 4,700 0 Yes All reserved seats plus full lawn is open2aReserved Only + Pit 4290 500 3790 0 0 No Entirely under cover- need crash barricade
2b Reserved + Pit + Small Lawn Up to 5,000 500 3790 Up to 1,000 0 No Lawn open but most seats are under the canopy
2c Reserved + Pit + Medium Lawn Up to 7,000 500 3790 Up to 2,500 0 Yes-Single Lawn open but most seats are under the canopy2dReserved + Pit + Large Lawn Up to 9,000 500 3790 Up to 4,700 0 Yes GA Pit, Reserved full seating template + full lawn with double egress lanes
3a G/A Standing Medium Up to 7,000 0 0 0 7,000 Yes Standing room only under pavilion and lawn- single bike rack center lawn
3b G/A Standing Large Up to 9,000 0 0 0 9,000 Yes Whole venue standing room only4aG/A- Seated Combo Up to 5,000 0 0 0 Up to 5,000 No Sections 201,202,203,204,205 10 ROWS remain (GA Seating). 8 ft emergency lanes in the lower bowl with bike rike behind the steps down into 100 sections
4b G/A Seated Combo Medium Up to 7,000 0 0 0 Up to 7,000 Yes Sections 201,202,203,204,205 rows 10 ROWS remain (GA Seating). 8 ft emergency lanes in the lower bowl with bike rike behind the steps down into 100 sections
4c G/A Seated Combo Large Up to 9,000 0 0 0 Up to 9,000 Yes Whole venue G/A with 1000 APPROX seats available fcfs Rows in 200s
Current Cost under existing agreement
Compared to cost under Amendment #1
Current Agreement Amendment #1 Difference
EXPENSES REH CITY REH CITY REH CITY
ELECTRICITY $46,710 $0 $46,710 $0 $0 $0
WATER, SEWER & WASTEWATER
Restroom on the Hill $25,900 $0 $25,900 $0 $0 $0
Main Building including Main Restroom *$49,320 $0 $24,660 $24,660 -$24,660 $24,660
Vendor Area in Plaza and Green in Park *$8,900 $0 $4,450 $4,450 -$4,450 $4,450
TRASH COMPACTOR *$12,100 $3,030 $9,070 -$9,070 $9,070
STORMWATER FEE $10,120 $10,120 $0 $0 $0
UTILITIES TOTAL $153,050 $0 $114,870 $38,180 -$38,180 $38,180
RESTROOM SUPPLIES **$3,500 $0 $0 $3,500 -$3,500 $3,500
SPONSOR TICKETS (10 tickets per event)***$56,000 $0 $0 $0 -$56,000
Grand total increase $156,550 $56,000 $114,870 $41,680 -$41,680 -$14,320
These comments refer to Impact of Amendment #1.
* Shared cost due to public using main restrooms facilities year round ; vendor area and
the Green in Coachman Park on same meter so shared costs since both city and REH share meter;
trash compactor used 365 days a year by City while REH uses it for their events only.
** REH allows the city to use main restrooms year round and pays for electricity for HVAC to
cool restrooms; city pays for restroom supplies for entire park usage as well as REH events.
***REH agrees to donate these tickets rather than City having to pay for them thus a cost savings to the city.
Term sheet between City and Ruth Eckerd Hall (“REH”):
proposed First Amendment to Venue License Agreement
Current Venue License Agreement First Amendment (proposed)
Utilities -- technically silent because City
rejected REH’s proposal that City pay all costs,
noting at the time that REH pays all utilities at
their other City-owned venues. Dec. 2022 pro
forma shows zero City costs.
Utilities – clarifies that REH pays all utilities
at the Venue but none outside it. Solid
waste and water / sewer costs will be
partially paid by City to offset the portion
supporting Coachman Park outside the
Venue.
Removable seating -- not mentioned, but the
chairs have always been removable.
Seats must remain removable, but can
remain all year except biannual cleanings
Noise -- REH must abide by City’s noise
ordinance, which can be amended any time in
the Council’s discretion.
Noise -- staff will recommend revised
ordinance allowing sound checks up to 5
hours before concert, but not before 10am.
Create noise complaint hotline.
Boundaries – REH is limited to operating within
the Venue only.
Boundaries – allows REH to sell food
outside The Venue if City Manager allows.
Public access – REH can restrict public access to
lawn area, restrooms, and the rest of the
Venue at any time.
Public access – public can use restrooms
and lawn area during most non-event days,
and restrooms up to 3 hours before events.
Free viewing – current layout allows
performances to be viewed for free from
outside the Venue but within the Park. City
decides any alterations to the Park.
Free viewing – revised layout does not
allow for performances to be viewed from
the park. REH can set up a green “privacy
screen” at 7am the day before an event to
prevent free viewing. Screen must be
removed after each event.
Physical security -- City required to secure the
entire Venue when not in use, e.g. through
fencing, locks, or similar methods requested by
REH.
Physical security – City purchases and
approves the fencing in specified areas to
limit access to the Venue when not in use.
REH can now install any additional security
features at the Venue, e.g. locks, that REH
deems appropriate. But REH cannot alter
City infrastructure without permission.
Venue Sponsor receives 10 tickets to each
event; either the Sponsor or City must pay.
REH donates 10 highest price tickets to
Venue Sponsor (BayCare) per event.
Cleaning – REH provides and supervises all
cleaning services relating to the Venue,
including the restrooms.
Cleaning – City will pay for restroom
supplies. REH will clean the restrooms after
REH events; City will clean at other times.
City Events – must be noticed 365+ days in
advance. If REH has a confirmed performance,
it has priority instead.
City Events – must be noticed 180+ days in
advance. If REH has a confirmed
performance, it has priority instead.
City Events – City Manager decides whether
professional venue management is needed. If
not, in-house staff or resources can be used. If
so, REH will be the sole provider. City
reimburses REH full costs without markup or
profit.
City Events – If professional venue
management is not needed, in-house staff
or resources can be used for everything
except ticketing, stage management, and
concession services. If it is needed, the City
can now use third parties for backstage
catering, equipment rental, Venue cleaning,
and customer service.
Records review – once per year with City staff,
typically each January.
Records audit – may occur up to 4 times per
year. Allows City to use outside auditor.
Disclaimer: This term sheet is not intended as a comprehensive guide to each
contractual change. However, it is designed to highlight various terms that may be of
interest to Council and the public.
DM version 7-9-24
VENUE LICENSE AGREEMENT
This Venue License Agreement (this "Agreement") is between the City of Clearwater,
Florida, a municipal corporation ofthe State ofFlorida (the "City") and Ruth Eckerd Hall, Inc.,
a Florida not-for-profit corporation ("Licensee" and collectively with the City, the "Parties").
BACKGROUND
The City is the owner of Coachman Park, located at 301 Drew Street in downtown
Clearwater, which the City is redeveloping to include a garden, playground, greenspace, and
gateway plaza, a 4,000 seat covered, waterfront amphitheater venue with additional lawn seating
for approximately 5,000 guests (the entirety of the Coachman Park complex, surrounding real
estate, parking areas, and improvements, the "Park"). The amphitheater, including covered
seats, stage, backstage, dressing rooms, lawn seating area, restrooms, and vendor areas, which
areas are described and depicted on attached Exhibit A, but excluding those areas outside the
blue and red fence perimeter depicted on Exhibit A, shall be referred to in this Agreement as the
Venue." Licensee has the necessary experience in the business of providing entertainment
management services of a public venue. The City desires to license the Venue to the Licensee
and engage Licensee to provide quality venue management services for concerts and other
events, including booking and scheduling services, production, marketing services, ticketing
services and food and beverage services for the express purpose of enhancing the public use and
enjoyment of the Venue.
NOW THEREFORE, in consideration of the mutual promise and covenants contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged the parties agree as follows:
Article I. License of Venue
1.1 License. The City hereby grants to Licensee a license (the "License"), for the
purposes set forth in this Agreement, to enter upon, use, occupy and exercise complete and
exclusive control ofthe Venue to use all rights of access to the Venue, and to utilize all City Assets
for each event. "City Assets" means the Venue and any furniture, fixtures, equipment, or assets
supplied by the City, including, but not limited to stage, temporary stage, floor, sound system,
lighting system, stage rigging, dressing area, stage equipment, barricade, seating, cabling,
communications and information systems equipment, and all appurtenant items owned by the City
and located at the Venue. Notwithstanding the foregoing, the parties agree as follows: (a) at all
times the City remains the owner of the City Assets; and (b) no real property interest is conveyed
to Licensee under this Agreement. Notwithstanding anything in this Agreement to the contrary,
the Licensee may perform maintenance and cleaning services at the Venue and on any City Assets,
and any maintenance, improvements, or replacements to any City Assets shall be reimbursed by
the City upon request by the Licensee.
Article II. Appointment of Licensee and Duties
2.1 Engagement of Licensee. The City hereby engages the Licensee and authorizes it
to take sole, entire, exclusive charge of operating the Venue, and City hereby agrees that it will
Venue License Agreement Page 11
not engage or assign any rights to another entity for the operation ofthe Venue, in whole or in part,
including but not limiting to operating and programming activities during the Term. The Licensee
hereby accepts the engagement and authorization and agrees to use its reasonable, good faith
efforts in light of market conditions and attendance patterns to secure, devise and promote live
entertainment and special events appropriate to the operation of the Venue (such events, and any
other events excluding City Events, the "Licensee Events"). Licensee will have sole administrative
and operational control over all events and activities conducted at the Venue, and sole artistic
control over Licensee Events. In addition to Licensee's own presentations, Licensee is responsible
for entering into agreements with third parties to use the facility and providing operational services
for all parties using the facility, including the City. Events shall be produced and promoted in
accordance with standard practices acceptable and common to the industry. Further, completion
of construction of the Venue and turnover to the Licensee shall be a condition precedent to the
effectiveness of any Licensee obligations hereunder.
2.2 Duties of Licensee. Licensee, at Licensee's cost, shall take such actions and
perform such duties as Licensee deems necessary and desirable for the management and operation
of the Venue, including, but not limited to the following:
a) Brand Development. Licensee, at its own expense will engage a marketing
firm to facilitate branding and positioning of the Venue. Deliverables include development of
Venue name, logo, style guide, promotion plan and media campaign, to be mutually agreed upon
by City and Licensee in their reasonable discretion. Licensee is responsible for selection of firm,
determination of services and expense of such services. Ownership of any deliverables will transfer
to the City at the end of the renewal term.
b) Marketing. The Licensee is responsible for advertising, marketing and
promotion of the Licensee's presentations at the Venue. Marketing services for events are
negotiated between the event organizer and Licensee, in Licensee's sole discretion. Licensee will
coordinate with the City on inclusion of Venue activities in the City's communications and
promotional efforts, except when closed to the public or prohibited by the event organizer.
Licensee reserves the right to promote its management of the Venue and events on the Licensee's
website, media channels, collateral and other public communications for the purposes of
institutional advertising, promotion, ticket sales and event services.
c) Employment of Personnel. During the Term, the Licensee shall, at its sole
cost and expense, select, train, schedule, and employ at the Venue such number of employees, as
it deems necessary or appropriate to satisfy its responsibilities hereunder. Such employees shall
not be deemed to be employees of the City. The employees shall be subject to the sole direction of
the Licensee, who shall have authority to hire, terminate, discipline and discharge any and all
personnel working for the Licensee at the Venue.
d) Event Bookings and Rentals. Licensee shall be solely responsible for Venue
calendar, scheduling, and event bookings. Licensee shall develop and maintain all schedules for
events held at the Venue, but the Licensee must produce a minimum ofthirty-five (35) events per
year, beginning in calendar year 2024, with no maximum. Each day of a performance hosted or
arranged by the Licensee shall count as an "event" for purposes of this subsection. City Events
Venue License Agreement Page 12
shall not count toward the minimum number of events. The Parties understand and agree that
Licensee shall be empowered to negotiate all agreements and set fee schedules in a manner deemed
by Licensee to be appropriate.
e) Property Security for Events. During preparation, occurrence, and clean-
up/tear down of any concert or live event at the Venue, Licensee may reasonably restrict access to
the Venue to patrons and other persons authorized by Licensee. Licensee shall be responsible for
hiring and supervising on-site security and public safety personnel for the Venue during events
Onsite Security"). To the extent that City police, fire, and/or emergency medical personnel are
required, the City Manager shall notify the Licensee of the staffing level required for each event
within thirty (30) days of the Licensee providing actual notice to the City Manager ofthe upcoming
event. With respect to rates, the rate paid to the shall be the City's minimum "extra duty" or "off-
duty" rate established in the City's collective bargaining agreements, if applicable; if a collective
bargaining agreement is silent as to rate, the rate shall be determined by the City Manager and
communicated to the Licensee at the same time as the staffing level. The City and Licensee agree
that staffing levels will vary based on expected attendance and activity, but the parties do not
intend for City requirements to exceed customary levels or cost for venues of similar capacity.
The Licensee is strictly prohibited from holding any event at the Venue without first requesting a
security review by the City Manager or in violation of the City Manager's security determination.
f) Cleaningfor Events. The Licensee shall be responsible for providing and
supervising all cleaning services to the Venue, except as otherwise provided in this Agreement.
g) Food and Beverage Services. Licensee shall have the exclusive right to
operate or contract for the operation of food and non-alcoholic beverage services, suite services (if
any), concession services, vending services and the service and sale of alcoholic beverages, at all
areas of the Venue. However, the Licensee shall be prohibited from serving alcoholic beverages
that compete with the Venue Sponsor's beverage products. Licensee shall comply with and
observe all federal, state, and local laws, ordinances, and regulations as to sanitation, serving hours
of alcohol, and the purity of food and beverages or otherwise relating to its operations. Any and
all profit or loss derived by said food and beverage services will be property of Licensee for any
events.
h) Operational Services. Licensee shall direct all services required to stage
set-up and tear -down) the Venue for each event including, without limitation, services involving
the stage area, event floor, sound system, lighting system, stage rigging, dressing area, stage
equipment, loading in and loading out. Licensee shall hire and manage all management staff,
ticket sales personnel, ushers, and other personnel required for the operation of the Venue
including; but not limited to, ticket -taking, novelty sales, program distribution and assistance to
patrons. Any expenses related to such services shall be borne by the Licensee with respect to any
Licensee Events, except to the extent the Licensee determines to charge third parties for such
expenses. Costs for such services will be borne by the City with respect to City Events as provided
in Licensee's standard usage policy, which will apply to such City Events.
i) Negotiate with Third Parties. Licensee may exclusively negotiate,
execute, deliver and administer any and all licenses, occupancy agreements, rental agreements,
Venue License Agreement Page 1 3
booking commitments, catering and concession agreements, decorating agreements, supplier
agreements, service contracts and all other contracts and agreements in connection with the
entertainment management, promotion and production at the Venue, all in a manner deemed by
the Licensee to be appropriate.
j) Parking Facility at the Venue. On days on which the Licensee is holding
or managing an event, and on any single day preceding the day on which the Licensee will hold
or manage an event, the Licensee shall staff and control the parking lot on the north side of the
Venue and depicted on Exhibit A (the "Venue Parking Lot"), and the City shall permit use by
patrons of the Venue and by the Licensee. During all other days and times, the Venue Parking
Lot shall be controlled by the City, and neither the Licensee nor the Licensee's patrons shall have
any right of access unless expressly granted by the City. The City shall, in the exercise of
reasonable discretion, design and erect signage or other markers reasonably appropriate to
facilitate the enforcement of this subsection.
k) Pedestrian Safety and Traffic Control. Licensee will pay for public safety
personnel needed on-site at the Venue for the safety of pedestrians entering and utilizing the
Venue. Licensee will work in good faith with City to maximize opportunities to alleviate
congestion through incentivizing patrons to arrive early, communicating best routes and parking
options, and encouraging alternative transportation such as ride share, Jolley Trolley, water taxi,
etc.
1) Compliance with Laws. In the operation of the Venue, the Licensee shall
materially comply with all laws, ordinances, and regulations applicable to it with respect to
operation of the Venue, including noise ordinances, as amended from time to time.
m) Program Sponsorships. Licensee shall negotiate, administer, and execute
in the Licensee's name, all Program Sponsorships and shall be responsible for all expenses
associated with securing and servicing such Program Sponsorships. For purposes of this
Agreement, "Program Sponsorships" means individual gifts, foundation grants, public grants, or
other program -related and event -related donations for Licensee Events including but not limited
to individual events, presentations, educational programs, community events (provided that they
do not constitute City Events), and event series. The Licensee shall notify the City Manager at
least thirty (30) days prior to agreeing or committing a Program Sponsorship to any corporate or
business entity that has not previously been reviewed by the City Manager. The City Manager
shall, in the exercise of reasonable discretion, review the proposed Program Sponsorship for two
purposes: first, to determine whether the proposed Program Sponsor competes with any Venue
Sponsor with whom the City has an existing partnership or with whom the City is presently
negotiating; and second, to determine whether the proposed Program Sponsorship qualifies as
governmental speech, and if so, whether the message associated with or from that Program
Sponsor is incompatible with the values or message the City desires to convey at its Venue. The
Licensee may, at its sole option, make this notification informally by telephone call to the City
Manager in lieu of written or electronic correspondence. If the City Manager finds that either
conflict exists, (s)he will veto the Proposed Sponsorship by notifying the Licensee within ten (10)
days. The Licensee will decline to enter into any Program Sponsorship so vetoed. If the City
Venue License Agreement Page 14
Manager fails to respond or expressly veto the Proposed Sponsorship within ten (10) days, the
Licensee may proceed with the Program Sponsorship, in the Licensee's sole discretion.
n) Ticketing and Customer Information. Licensee shall implement ticketing
system of its choice that will serve as the exclusive ticketing system of Venue. Licensee is
responsible for all revenues and expenses associated with ticketing system. Tickets will be
available for sale through the Licensee's regular sales channels and on-site on the day of an event.
Licensee may at its own discretion provide a temporary ticket booth and/or kiosks at the Venue.
Licensee shall determine service fees and any other ticket surcharges it wishes to and, except as
otherwise set forth herein, all income and expense derived from such tickets and fees are property
of Licensee. Event organizers may contract ticketing services according to Licensee's fee
schedule. For ticketed City Events, set-up fees will be waived with charges limited to labor and
credit card fees. Licensee is responsible and has sole custody of customer information including
but not limited to transactional history, phone numbers, email, and mailing addresses, in material
compliance with the Licensee's privacy policy and applicable law.
o) Maintenance. Licensee shall be responsible for maintenance of all assets
owned by the Licensee and shall keep such assets in good repair, normal wear and tear excepted,
and shall report any known issues related to the Venue or any other City Assets. Licensee shall,
in consultation with the City, conduct periodic risk management inspections. If and to the extent
that any maintenance or repairs are performed on the City Assets, for or on behalf of the City,
such maintenance or repairs shall be performed in a good and workmanlike manner and in
material compliance with applicable laws. Any repairs made to City Assets for and on behalf of
the City, shall be reimbursed within thirty (30) days of written request to the City.
p) Rules. Licensee shall establish and enforce, in its sole discretion, rules to
ensure health, safety, welfare and decorum in the use of the Venue consistent with industry
standards.
q) Licensee Asset. The Licensee shall provide assets of the classes set forth
on Exhibit B, and may provide certain other assets it deems necessary or convenient in the
operation of the Venue (the "Licensee Assets").
r) Venue Management. Licensee retains exclusive use of the Venue and
Licensee Assets and therefore, shall exclusively provide any food and beverage, operational, and
ticketing services, for all events, including City Events, unless otherwise agreed by the Parties.
s) Sustainability measures. The Licensee shall, in consultation with the
City's sustainability coordinator or other designated City employee, and in the exercise of
reasonable discretion, develop a sustainability plan to ensure that the Venue utilizes sustainable
and environmentally friendly practices. The Licensee shall report its sustainability plan to the
City Council at a public meeting within ninety (90) days ofthe effective date of this agreement.
Venue License Agreement Pagel 5
Article III. Responsibilities of City; City Events
3.1 Initial Construction ofVenue. City shall be responsible, at its sole cost and expense,
for the designing, planning, permitting, and construction of the Park, and specifically the Venue
and related improvements, which activities shall be conducted in good and workmanlike manner.
The City shall make good faith efforts to ensure that the initial construction of the Venue takes
place in a timely manner in order to ensure the ability of the Licensee to take possession with
sufficient time to install Licensee Assets prior to such date as provided in Section 3.2, below, and
conduct its first major concert, the date of which will be determined in good faith between the
Licensee and the City.
3.2 Pre -Opening Access. City shall provide adequate time for Licensee to install
Licensee Assets. Licensee will provide City with an installation timeframe by April 1, 2023, and
shall provide temporary access for installation of Licensee Assets on a date mutually agreed by
the parties, provided that such date shall be no later than June 10, 2023. It is understood that the
City is responsible for content and cost of a grand opening event, scheduled for July 4, 2023. In
keeping with Licensee's exclusivity with respect to the Venue, the City shall use Licensee for
support services for the grand opening event, including but not limited to stage operations,
concessions, and other operational services. The City shall reimburse the Licensee for any labor,
supply, and other out-of-pocket costs and expenses incurred by the Licensee in supporting the
grand opening event.
3.3 Securing the Venue. The City shall take all reasonable and necessary actions to
secure the Venue, and all portions thereof including all restrooms, the stage, and the covered
seating area, when not in use for events or preparation therefor. Such actions shall include, but not
be limited to, locking doors, fencing, and otherwise restricting access to the public as necessary
and/or reasonably requested by the Licensee to ensure the physical security of all City Assets and
Licensee Assets at the Venue.
3.4 Payments to Licensee. City covenants and agrees that it shall provide to Licensee
such sums as it is required to pay to Licensee as required under Sections 3.5 and 3.11 of this
agreement,
3.5 Venue Sponsorships and Associated Benefits. The City shall negotiate, administer,
and execute in the City's name, all Venue Sponsorships and Park Sponsorships. For purposes of
this Agreement, "Venue Sponsorships" means sponsorships for naming rights for the Venue and
any portion thereof, including suites, sections, concession areas, etc., pouring rights, and any other
sponsorship associated with the physical Venue and fixed infrastructure to the extent owned by
the City. The City shall engage a professional third -party sponsorship marketing entity to source
such Venue Sponsorships and Park Sponsorships with proceeds remitted to the City. The City and
any sponsors shall work in good faith with the Licensee in the negotiation, administration and
execution of any Venue Sponsorships or Park Sponsorships. The benefits available to the Venue
Sponsor, and compensation owed to the Licensee, shall be governed by the following terms:
Venue License Agreement Page 16
a) The Venue Sponsor shall receive ten (10) tickets to each Licensee event, for
the Venue Sponsor's sole use. These ten (10) tickets shall be located in the front section or highest
price section of Venue seating, as determined by the Licensee in the exercise of reasonable
discretion.
b) In return for providing these tickets to the Venue Sponsor, the Licensee shall
be compensated in an amount equaling the base printed value of each ticket, prior to or without
considering or adding any surcharges, donations, or fees.
c) In addition, each of these ten (10) tickets shall guarantee access at each
event to the Premium Area located adjacent to the stage, and depicted on Exhibit "D" of this
agreement, unless the Licensee has rented the Premium Area for the exclusive use by one party or
one legal entity. Each time the Licensee rents the Premium Area for the exclusive use by one party
or one legal entity for a particular event, the Licensee shall promptly notify the City and the Venue
Sponsor.
d) Ifthe Venue Sponsor or Park Sponsor requests food and beverage or other
services, the Licensee shall use best efforts to accommodate the request. To the extent that the
request is accommodated, the Licensee shall be compensated at commercially reasonable rates.
e) As to all compensation owed to the Licensee under this Section 3.5, the City
will either, depending on its contractual relationship with its sponsor, compensate the Licensee or
require the sponsor to compensate the Licensee. In either circumstance, the Licensee shall be
compensated within sixty (60) days of providing a detailed invoice with pricing that aligns with
the provisions of this Section 3.5.
0 Subject to ticket availability, the Licensee shall afford the Venue Sponsor
an opportunity to purchase additional tickets, beyond the ten (10) tickets described in this section.
The timing of this opportunity shall coincide with a pre -sale period determined by the Licensee,
in the exercise of reasonable discretion. Any additional tickets purchased by the Venue Sponsor
pursuant to this provision shall be paid by the Venue Sponsor at full retail price, including any
fees, surcharges, and taxes that would normally be assessed to any other retail purchaser.
3.6 Pedestrian Safety and Traffic Control. The City shall be responsible for any
personnel deemed necessary for pedestrian safety and traffic control in the areas surrounding the
Venue, including Coachman Park and downtown Clearwater.
3.7 Parking. City will permit the Licensee to use and manage the Venue Parking Lot
and traffic accessing the backstage area at any time on a day in which an event being operated or
managed by the Licensee is being held at the Venue, along with the day immediately preceding
the day of the event. In acknowledgment of contractual obligations with tours and certain artists,
the City will allow Licensee to reserve and utilize, free of charge, that portion on the south side of
the west end of Drew Street, between the entrances to the Coachman Park Fishing Pier and the
Waterfront Pier to accommodate, to park, secure, and provide power to tour buses and designated
vehicles. City agrees to work with Licensee to close certain portions of Drew Street to traffic on
show days, and on other days upon reasonable request of the Licensee for activities in support of
any events. However, any closure of Drew Street's westbound lanes shall be accomplished in a
Venue License Agreement Page 17
way that maintains a vehicle movement lane to accommodate emergency ingress to and egress
from nearby properties.
3.8 City Assets and Maintenance.
a) City shall supply and install all City Assets and any other equipment,
furnishings and expendables required to operate the Venue other than the Licensee Assets;
provided that Licensee may supply or install certain equipment, furnishings, or expendables for
and on behalf of the City upon the City's request and at the City's sole cost and expense.
b) City shall be responsible for repair, replacement, or alteration of City
Assets, including but not limited to conditions related to equipment or structure failure, change in
code requirements, recalls, fire safety, hurricane and emergency procedures, and conservation.
City shall be responsible for landscape maintenance of the Venue in conjunction with the Park.
City shall also ensure adequate services to maintain Coachman Park, more broadly, as a first-class
municipal park.
c) The City shall pay for, perform, direct and supervise any capital equipment
and capital improvement purchases, repairs and maintenance to the extent provided by the City
and will ensure any and all such repairs and maintenance obligations are performed in a good and
workmanlike manner, in material compliance with applicable laws, and are performed on schedule
and in a manner to ensure that the Venue remains a first-class Venue.
d) The City has the right to enter all portions of the Venue to conduct
inspections of its assets, perform its maintenance obligations, or otherwise carry out its rights under
this Agreement; provided, however, that the City shall provide reasonable advance notice to the
Licensee prior to entry upon the Venue and shall perform its obligations with minimal interference
with or disruption to any Licensee Events or the Licensee's work under this Agreement, generally.
3.9 Signage. All permanent signage, including wayfinding signage, interior, exterior,
and other permanent signs at the Venue and in Coachman Park shall be provided and maintained
in good condition by the City. Notwithstanding the foregoing, the City shall work in collaboration
with and in good faith with the Licensee to design the signage for the Venue.
3.10 Maintenance Fund. The City shall, on or before the Commencement Date,
establish and maintain a separate account from the City's general fund of [$100,000.00],
earmarked specifically and exclusively for the maintenance, repairs and replacement of City
Assets as needed at the Venue. The Maintenance Fund will be replenished by the ticket rebate
discussed in Section 5.1, below.
3.11 City Events. The City shall have the right to use the Venue, or any portion thereof,
for governmental purposes hosted by the City or staffed by City personnel, without payment of
any rental or usage fees, on July 4, July 5, and up to ten (10) additional dates per calendar year
during the Term (such events, "City Events"). For any City Event occurring on or before July 1,
2024, the City shall provide at least one hundred and twenty (120) days' notice to the Licensee
prior to scheduling the City Event. For any City Event occurring after July 1, 2024, the City shall
Venue License Agreement Page 18
provide at least three hundred and sixty-five (365) days' notice prior to scheduling the event. If
the City provides proper notice, the City shall have the right to schedule the City Event on the
day(s) indicated, unless the Licensee has a letter of agreement arranging a guaranteed
performance, show, or event on that date. For the avoidance of doubt, a temporary "hold" shall
not be considered a letter of agreement or scheduling conflict for purposes of this section. Any
unused City Events shall expire at the end ofeach calendar year and shall not be subject to rolling
forward to the next calendar year if unused. The City or organizer of the City Event shall use
Licensee for support services, including but not limited to stage operations, concessions, and
other operational services; provided, however, that the City shall not be obligated to use Licensee
if the City Event does not require a professional event manager, as determined in the reasonable
discretion of the City Manager. The City shall reimburse the Licensee for any hourly labor,
supplies, catering, and other documented out of pocket costs and expenses incurred by the
Licensee in connection with a City Event, such reimbursement without markup or profit, and
which reimbursement shall be due and payable upon receipt ofa reasonably detailed invoice from
Licensee documenting each cost for which reimbursement is sought. The City shall act in good
faith to avoid scheduling a City Event promoted by a person or entity that competes with the
Licensee, unless agreed by the Licensee that such event would not be a conflict.
3.12 Additional Events. Licensee will reserve the traditional dates for Ja77 Holiday
festival on an annual basis, contingent upon mutually agreeable terms between Licensee and the
event organizer. In addition, the Licensee will use reasonable efforts to work with other third
parties to organize certain community events on mutually agreeable terms. Remuneration and
contracting for Ja.77 Holiday and these additional events shall be separately negotiated between
the Licensee and the entity hosting the event. Such events may, in the sole discretion of the
Licensee, be subject to rental and/or usage fees, and shall not occur without an agreement
acceptable to the Licensee. For the avoidance of doubt, the City shall not be responsible for any
payment to Licensee in support of any such third -party events unless it expressly agrees
otherwise.
Article IV. Term
4.1 Term. Unless terminated earlier pursuant to the terms and conditions of this
Agreement, the initial term ofthis Agreement shall begin on the date hereof and shall continue for
a period of five (5) years from the Commencement Date unless earlier terminated pursuant to the
terms of this Agreement (the "Initial Term"). Provided that the Licensee is not then in default, the
Agreement will automatically renew for four (4) successive five (5) year periods thereafter (each,
a "Renewal Term," and the Initial Term and all Renewal Terms, collectively, the "Tenn") unless
written notice of election not to renew is given (a) if by the City, no less than twelve (12) months
prior to the expiration of the Initial Term or the then -current Renewal Term, as the case may be,
or (b) if by the Licensee, no less than six (6) months prior to the expiration of the Initial Term or
the then -current Renewal Term, as the case may be. For purposes hereof, the term
Commencement Date" means the date that the Licensee takes possession and control of the Venue
following completion of construction, which the parties intend to be on or before August 1, 2023.
4.2 Early Termination. This Agreement may be terminated early, consistent with the
provisions listed below.
Venue License Agreement Page 19
a) For Convenience. The City may terminate this Agreement on thirty (30)
days' prior written notice for any reason upon approval of the Clearwater City Council at a duly
constituted City Council meeting. The City shall provide Licensee no less than thirty (30) calendar
days' written notice of the meeting of City Council to determine termination of the Agreement.
The Licensee may terminate the Agreement upon six (6) months prior notice to the City for any
reason or no reason. Notwithstanding anything to the contrary in this Agreement, in the event the
City terminates this Agreement for convenience, the City is prohibited from self -promoting or
entering into a booking agreement, entertainment management agreement, or any like agreement
with an outside company to promote the events booked for the Venue by the Licensee prior to
termination of this Agreement.
b) For Cause. The non -defaulting party may terminate the Agreement upon
determination in good faith by the non -defaulting party that there was a material breach of the
Agreement that remained uncured following notice and opportunity to cure as provided in the
Terms and Conditions attached hereto as Exhibit C, and the termination will be deemed effective
immediately, or upon such other date as specified in a notice of termination, provided that
termination shall have been approved by the Clearwater City Council at a duly constituted City
Council meeting following failure to cure such material breach by the Licensee, with written notice
of such City Council meeting being provided to the Licensee no less than thirty (30) days prior
thereto.
4.3 Surrender; Effect of Termination. Upon termination of this Agreement,
permission to use the City Assets, including the Venue, shall be revoked. Thereafter, the Licensee
shall promptly vacate and surrender to the City the Venue and any City Assets contained therein.
In any event, such surrender shall be complete thirty (30) days following effective date of
termination.
a) Licensee Assets. The Licensee shall remove any Licensee Assets it
determines, in its sole discretion, to retain and make any repairs necessitated by such removal
within the period set forth herein. Understanding that Licensee will continue to invest in and
replace assets throughout the Term to maintain a first-class venue, upon termination or non-
renewal, City will purchase Licensee Assets that the Licensee determines to leave at the Venue
for the benefit of the City for the Asset Value. Licensee will submit a depreciation schedule of
Licensee Assets to the City annually. The "Asset Value" for Licensee Assets, at separation, shall
be determined as the undepreciated amount of original purchase price set forth on the most recent
depreciation schedule, or if fully depreciated, will be $10.
b) Expenses. Upon termination for any reason, City shall pay Licensee for
any services performed prior to the effective date of such termination, and any costs and
authorized expenses incurred through the effective date of such termination or necessitated by
the termination.
c) Event Cancellations. Upon termination by the City, and in addition to the
above, the City shall reimburse the Licensee for any Non -Recoverable Event Expenses. For
purposes hereof, "Non -Recoverable Event Expenses" means any costs or expenses incurred by
Venue License Agreement Page 1 10
the Licensee as a result of relocating or cancelling a Scheduled Event, including but not limited
to forfeited deposits, penalties, marketing expenditures, and transaction fees. The term
Scheduled Event" means an event scheduled to occur at the Venue during the notice period and
within eighteen (18) months of the effective date of termination for which the Licensee has sold
tickets to patrons or entered into a written or oral agreement for the event.
d) Liquidated Damages. In light of the difficulties in estimating the damages
for an early termination of the Licensee under this Agreement without appropriate notice, the
City and the Licensee hereby agree that if the City terminates the Licensee for convenience with
less than twelve (12) months' prior written notice, then the following liquidated damages shall
apply in addition to the provisions above, which liquidated damages the parties agree are
reasonable and intended as just compensation and not as a penalty or method to secure
performance:
i) Termination with less than six (6) months' notice. If the City
terminates this Agreement with less than six (6) months' notice, then the City shall pay the
Licensee an amount equal to One Million Five Hundred Thousand Dollars
1,500,000.00);
ii) Termination with less than twelve (12) but equal to or more than six
6) months' notice. Ifthe City terminates this Agreement with less than twelve (12) months'
notice, but equal to or greater than six (6) months' notice, then the City shall pay the
Licensee an amount equal to One Million Dollars ($1,000,000.00).
Article V. Compensation Matters
5.1 Ticketing; City Rebate. All revenue and/or expense derived from tickets and fees
are property of Licensee; provided, however, that the Licensee shall remit to the City a rebate
with dollar values dependent upon the ticket price, as follows, to be paid to City within thirty (30)
days following the end of each calendar quarter during which the event actually occurs: (a) for
tickets actually sold with a selling price of more than $10.00, the Licensee shall remit to the City
a rebate of $5.00 per ticket sold, of which $4.00 shall be paid to the City's general account, and
1.00 shall be paid to the Maintenance Fund; (b) for tickets actually sold with a selling price of
10.00 or less, the Licensee shall remit to the City a rebate of $2.00 per ticket sold, of which
1.00 shall be paid to the City's general account, and $1.00 shall be paid to the Maintenance
Fund; and (c) for free or complimentary tickets, excluding complimentary tickets provided to the
City, the Licensee shall pay to the City $1.00 per such ticket, the entirety of which shall be paid
to the Maintenance Fund. For clarity, a rebate for a ticket is only payable to the City following
the actual occurrence of the event for which the ticket was sold, and notwithstanding anything to
the contrary in this Section 5.1, no rebate whatsoever will be assessed or paid on any tickets that
were sold but later refunded or subject to chargeback.
5.2 Profit Sharing. Provided that its operations from the Venue generates at least an
eight percent (8%) profit margin to the Licensee, the Licensee shall make an annual payment to
the City, no later than one hundred twenty (120) days following the end of the prior calendar
Venue License Agreement Page 111
year, (the "Profit Share"), equal to twenty-five percent (25%) of the profits in excess of the 8%
profit margin.
5.3 City Ticket Allocation. In consideration for use ofthe Venue, the City will receive
six (6) tickets in the first five (5) rows of each event, plus six (6) additional tickets somewhere in
the highest price level for each event, plus twelve (12) additional tickets in a section of the
Licensee's choosing. These twenty-four (24) tickets shall be separate from and in addition to the
tickets described in Section 3.5. Each ticket described in this Section 5.3 shall entitle the
individual holding the ticket to access the Premium Area depicted in Exhibit "D," unless the
Premium Area has been rented by the Licensee for the exclusive use of a single party or legal
entity. The City will designate a liaison to the Venue for distribution of these tickets. The tickets
shall be distributed by the City, in its sole discretion, in accordance with City policy as amended
from time to time. These tickets are provided to the City in exchange for the City's use of the
Venue, and the City shall not be expected to purchase or separately remunerate the costs
associated with these twenty-four (24) tickets.
5.4 Venue Sponsorships or Park Sponsorships. Any and all revenue and/or expense
derived from any Venue Sponsorships and Park Sponsorships will be property of the City, but
the City shall reimburse or arrange for reimbursement to the Licensee for any expenses incurred
in servicing either of these sponsorships in the manner and to the extent provided in Section 3.5
of this Agreement.
5.5 City Information Rights. The Licensee will provide the City with a quarterly report
listing the aggregated number of tickets sold for all events held during the prior calendar quarter
and the number of free tickets provided, and the number of tickets refunded and chargebacks
suffered related to ticket sales during that prior quarter. In addition, the Licensee will meet with
a designee of the City on at least an annual basis each January to discuss revenues and expenses
generated from the Venue. At the annual meeting, the Licensee shall allow the City to review
and inspect sufficient financial data from the previous calendar year to confirm the calculations
and project anticipated revenue based on the distribution method contemplated by Sections 5.1
and 5.2 ofthis Agreement.
Article VL Insurance
6.1 Survival; Limitations. The obligations of the Parties under Section 6 shall survive
the expiration or termination of this Agreement. Other than as expressly set forth in this
Agreement, neither Party shall be liable or responsible for any indirect, incidental, punitive or
special damages, whether based upon breach of contract or warranty, negligence, strict tort liability
or otherwise, and each Party's liability for damages or losses hereunder shall be strictly limited to
direct damages that are actually incurred by the Party.
6.2 City Insurance Requirements. City shall be required to maintain, at its cost, property
insurance covering loss or damage to the City Assets, including the Venue, in an amount not less
than the full replacement value thereof, providing protection against all perils included within the
classification of fire, extended coverage, vandalism, malicious mischief, flood (in the event the
Venue is in a flood zone) special extended perils ("all risk", as such term is used in the insurance
Venue License Agreement Page 1 12
industry). In addition, the City shall name the Licensee as an additional insured under its excess
commercial general liability insurance policy if the excess carrier allows the City to name the
Licensee as an additional insured solely for the Venue any assets located therein.
6.3 Licensee Insurance Requirements. Licensee shall be required to maintain, at its
cost, the following policies of insurance with the following limits, maintained with a carrier having
an AM Best Rating of A -VII or better, with coverage on an occurrence basis or, if unavailable, on
a claims -made basis with a minimum three (3) year tail following termination or expiration of this
Agreement, and naming City as an additional insured on the policies. Copies of the insurance
policies shall be provided to the City within thirty (30) days of the commencement of the Term
and annually thereafter. The insurance limits set forth below may be achieved by a combination of
primary and umbrella/excess liability policies. Such policies shall provide thirty (30) days' written
notice to the City prior to any cancellation, nonrenewal, termination, material change, or reduction
in coverage, and shall be primary and non-contributory for Licensee's negligence.
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 One Million Dollars and 00/100 ($1,000,000) per occurrence and Two Million Dollars and
00/100 ($2,000,000) general aggregate.
b) Commercial Automobile Liability Insurance coverage for any owned, non -
owned, hired or borrowed automobile is required in the minimum amount ofOne Million Dollars
and 00/100 ($1,000,000) combined single limit.
c) Professional Liability/Malpractice/Errors or Omissions Insurance
coverage appropriate for the type of business engaged in by the Respondent with minimum limits
of Two Million Dollars and 00/100 ($2,000,000) per occurrence. If a claims -made form of
coverage is provided, the retroactive date of coverage shall be no later than the inception date of
claims -made coverage, unless the prior policy was extended indefinitely to cover prior acts.
Coverage shall be extended beyond the policy year either by a supplemental extended reporting
period (SERP) of as great a duration as available, and with no less coverage and with reinstated
aggregate limits, or by requiring that any new policy provide a retroactive date no later than the
inception date of claims made coverage.
d) Crime and Employee Dishonesty Insurance coverage must include fidelity
insurance for 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. Please
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.
e) Workers' Compensation Insurance and Employer's Liability Insurance
with Workers' Compensation limits in statutory amount, unless waived by the State of Florida
and proof of waiver is provided to the City, and Employer's Liability Insurance in the minimum
amount ofFive Hundred Thousand Dollars and 00/100 ($500,000) each employee each accident,
Venue License Agreement Page 1 13
Five Hundred Thousand Dollars and 00/100 ($500,000) each employee by disease, and Five
Hundred Thousand Dollars and 00/100 ($500,000) disease policy limit. Coverage must be
applicable to employees, contractors, subcontractors, and volunteers, if any.
Article VII. Damage or Destruction to Premises
7.1 Partial Damage. If all or a portion of the Venue are partially damaged by fire,
explosion, flooding inundation, floods, the elements, public enemy, acts of terrorism, or other
casualty, but not rendered uninhabitable, the same will be repaired with due diligence by City at
its own cost and expense, subject to the limitations as hereinafter provided; if said damage is
caused by the grossly negligent acts or omissions of the Licensee, its agents, officers, or
employees, the Licensee shall be responsible for reimbursing City for the cost and expense, in
excess of the City's insurance coverage, incurred in making such repairs.
7.2 Extensive Damage. Ifthe damages as described above in "Partial Damage" are so
extensive as to render the Venue or a portion thereof uninhabitable, but are capable of being
repaired within a reasonable time not to exceed sixty (60) days, the same shall be repaired with
due diligence by City at its own cost and expense and a negotiated portion of the fees and charges
payable hereunder shall abate from the time of such damage until such time as the Venue is fully
restored and certified as again ready for use; provided, however, that ifsuch damage is caused by
the grossly negligent acts or omissions of the Licensee, its agents, officers, or employees, the
Licensee shall be responsible for the cost and expenses, in excess of insurance coverage, incurred
in making such repairs.
7.3 Complete Destruction. In the event all or a substantial portion of the VENUE are
completely destroyed by fire, explosion, the elements, public enemy, acts of terrorism, or other
casualty, or are so damaged that they are uninhabitable and cannot be replaced except after more
than sixty (60) days, City shall be under no obligation to repair, replace or reconstruct said Venue,
no payments will be required of either party until such time as the said Venue are fully restored.
If within three (3) months after the time of such damage or destruction said Venue have not been
repaired or reconstructed, the Licensee may terminate this Agreement in its entirety as of the date
of such damage or destruction. Notwithstanding the foregoing, if the said Venue, or a substantial
portion thereof, are completely destroyed as a result of the grossly negligent acts or omissions of
the Licensee, its agents, officers, or employees, City may, in its discretion, require the Licensee
to repair and reconstruct the same within twelve (12) months of such destruction and the Licensee
shall be responsible for reimbursing City for the cost and expenses incurred in making such
repairs.
7.4 Limits of City's Obligation Defined. In the application of the foregoing
provisions, City may, but shall not be obligated to, repair or reconstruct the Venue. If the City
chooses to do so, City's obligation shall also be limited to repair or reconstruction of the Venue
to the same extent and of equal quality as obtained by the Licensee at the commencement of the
Term. All redecoration and replacement of capital investment, including all City Assets shall be
the cost and responsibility of the City. The Licensee shall bear the cost of repair and replacement
of any Licensee Assets except to the extent that the damage or destruction is caused by City's
gross negligence or more culpable action or omission.
Venue License Agreement Page 1 14
Article VIII. Confidentiality
8.1 Confidentiality. The business of conducting and operating an entertainment venue
that offers live entertainment to the public on a contract basis and/or on the rental of the Venue
basis is a complex, multifaceted undertaking. The business itself, including the provision of
services as well as the booking ofentertainment is highly competitive between venues and between
the acts hired to perform. Negotiations are act specific and are affected by the choice of time of
the performance, the competition in markets where multiple venues exist, market conditions
generally, relationships within the industry, etc. Each contract entered into with an act is different.
Each contract negotiated with a service provider can be different than with any other venue. The
Licensee has the responsibility for the negotiation of and the contracting for services and the
booking of acts into the Venue. This process includes a high degree of confidentiality if the Venue
is going to be successful. The means and methods of negotiation and selected terms of service
contracts and booking contracts include information known only to certain employees of the
Licensee, which information is closely guarded by the Licensee. This results in less expense and
greater revenue to the Licensee, is information and know-how developed by the Licensee and its
employees over years of experience and would take significant time and expense for others to
duplicate. Accordingly, the Licensee shall maintain its trade secrets in the performance ofits duties
hereunder. Licensee shall identify any trade secrets in any communications with the City and shall
communicate those to the City only as required. The parties acknowledge that the City must
comply with the Public Records Law as to any records in the City's possession or control. To the
extent that the City receives a request that may be eligible for protection or redaction as a trade
secret, the City will promptly notify Licensee ofthe request. The City Attorney's Office will confer
with the Licensee or Licensee's legal counsel, but the parties recognize that the City must and will
ultimately determine whether records in its possession are releasable under Florida law.
Article IX. Miscellaneous
9.1 Representations and Warranties.
a) City represents and warrants to the Licensee the following:
i) All required approvals have been obtained, and City has full legal
right, power and authority to enter into and perform its obligations hereunder;
ii) This Agreement has been duly executed and delivered by City and
constitutes a valid and binding obligation ofCity, enforceable in accordance with its terms, except
as such enforceability may be limited by bankruptcy, insolvency, reorganization, or similar laws
affecting creditors' rights generally or by general equitable principles;
iii) The execution and delivery of this Agreement will not violate or
cause a breach (with or without notice or the passage of time) under any agreement, law,
ordinance, or other obligation to which City is bound;
Venue License Agreement Page 1 15
iv) There is no current, pending, or to the City's knowledge after due
inquiry, threatened, action or proceeding before any court or administrative agency to which it is
a party, questioning the validity of this Agreement, the relationship between the City and the
Licensee, or which appear likely to materially adversely affect the City's performance of its
obligations under this Agreement;
v) City is the owner of the Park and the Venue;
vi) City is financially capable to complete the construction of the
Venue and redevelopment of the Park, more generally, and shall proceed with diligence to
completion thereof;
vii) Upon delivery to the Licensee, the Venue shall comply with all
laws, ordinances, orders, rules, regulations and other governmental requirements relating to the
use, occupancy, and condition ofthe Venue for the purposes described herein, including, without
limitation, the Americans with Disabilities Act and the certificate of occupancy;
viii) All improvements in the Park, and specifically, the Venue, will be
constructed in a good and workmanlike manner, and said improvements and all other City Assets
are and will be in good working order and condition, free from defects in workmanship and
materials, and fit for the purposes for which they are provided; and
ix) City understands and acknowledges the following:
1) That the entertainment industry is extremely competitive
and contains substantial risk and volatility;
2) The Licensee is a nonprofit entity that operates other
venues in the area, including but not limited to Ruth Eckerd Hall and Bilheimer Capitol Theatre,
and provides booking and production services at various locations throughout the Tampa Bay
area; and
3) That performers and entertainers, and not the Licensee,
oftentimes choose or dictate what cities and venues at which they will perform, and that there
may be occasions where it is not economically feasible to schedule a performer into a venue the
size ofthe Venue, and that during a certain season, a performer or entertainer may play at another
venue managed by the Licensee.
b) Licensee represents and warrants to City the following:
i) All required approvals have been obtained, and Licensee has full
legal right, power and authority to enter into and perform its obligations hereunder;
ii) This Agreement has been duly executed and delivered by Licensee
and constitutes a valid and binding obligation by Licensee, enforceable in accordance with its
Venue License Agreement Page 1 16
terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization or
similar laws affecting creditors' rights generally or by general equitable principles; and
iii) There is no current, pending, or to the Licensee's knowledge after
due inquiry, threatened, action or proceeding before any court or administrative agency to which
it is a party, questioning the validity of this Agreement, the relationship between the City and the
Licensee, or which appear likely to materially adversely affect the Licensee's performance of its
obligations under this Agreement.
9.2 Notice. All notices, requests, demands, claims, and other communications hereunder
shall be in writing. Any notice, request, demand, claim or other communication
hereunder shall be deemed duly given when delivered personally to the recipient on a
business day prior to 5:00 P.M. local time, otherwise on the next business day, faxed
or emailed to the intended recipient on a business day prior to 5:00 P.M. local time,
otherwise on the next business day at the facsimile number or email address set forth
therefor below (with electronic confirmation of receipt and hard copy to follow), or
one business day after being sent to the recipient by reputable express courier service
charges prepaid) and addressed to the intended recipient as set forth below:
Ifto City:
City of Clearwater
Parks Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Attention: James Halios
Email: jim.halios@myclearwater.com
Ifto Licensee:
Ruth Eckerd Hall, Inc.
1111 N. McMullen Booth Road
Clearwater, FL 33759
Attn: Susan Crockett, CEO
Email: s.crockett@rutheckerdhall.net
With copy to (which shall not constitute
notice):
City Attorney
600 Cleveland Street
Clearwater, Florida 33755
Attention: David Margolis
Email: david.margolis@myclearwater.com
With copy to (which shall not constitute
notice):
Macfarlane Ferguson & McMullen, P.A.
625 Court Street
Clearwater, Florida 33756
Phone: 727-444-1403
Attention: Brian J. Aungst, Esq.
Email: bja@macfar.com
9.3 Order of Precedence. In the event of any conflict between this Agreement and any
exhibits or other documents entered into in connection herewith, the provisions of this Agreement
shall prevail. In addition, the parties acknowledge that the City intends to enter into a separate
brokerage agreement relating to Venue Sponsorships and pouring rights across the City, including
the Park and Venue. The parties intend for this Venue License Agreement to be fully compatible
with any forthcoming agreement between the City and The Superlative Group, Inc. However, in
Venue License Agreement Page 1 17
the event of a latent or patent ambiguity requiring resolution, this Venue License Agreement shall
control.
9.4 Entire Agreement. This Agreement, the exhibits, and any documents executed in
connection with this Agreement, constitute and express the entire agreement ofthe Parties hereto
and no agreements, warranties, representations or covenants not herein expressed shall be binding
upon the parties.
9.5 Captions. Captions appearing before sections and articles in this Agreement have
been inserted solely for the purposes of convenience and ready reference. They do not purport to,
and shall not be deemed to, define, limit or extend the scope or intent of the section or articles to
which they pertain.
9.6 No Partnership or Joint Venture. Nothing herein contained is intended or shall be
construed in any way to create or establish the relationship ofpartners or ajoint venture between
City and Licensee.
9.7 Good Faith. It is agreed that both Parties shall perform their respective duties
under the terms ofthis Agreement in good faith.
9.8 Incorporation of Terms and Conditions. The terms and conditions set forth in
Exhibit C are incorporated into this Agreement.
Venue License Agreement Page 1 18
IN WITNESS WISE OF, this Agreement has been executed by the Parties and is
effective as ofthe r day of 2022,
APPROVED BY CITY THIS DAY OF CITY:
2022
THE CITY OF CLEARWATER, FLORIDA,
Countersigned: a municipal corporation of the State of Florida
ry
By: ---Cr(y--'
RANKHIBBARD,Mayor Name: N) ? C,fr)v-
Title:
Approved as to form: Attest:
DAVID MARGOLIS, City Attorney ROSE A IE CALL, as its Cit ler
J
k!
IED
LICENSEE:
RUTH ECKERD HALL, INC,,a Florida not-
for-profit corporation
a,
By:
Name: SUSAN CROCKETT
Title: CEO
Venue License Agreement Page 119
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Exhibit B
Preliminary Asset List (not finalized) rev 10.1.2022
Capital Inv Qty
839,990 STAGE/PRODUCTION EQUIPMENT
3 Phase Cam Locks - Is infrastructure provided to support video walls
Bus Hook-ups
Video Walls, IMAG REH 2
SpotLights REH 4
TV's REH 8
ClearCom REH 1
Live HD 4k Video Cameras
Additional Sound Equipment
REH 3
SM58- Shure Handheld Vocal mic (not wireless) REH 2
Shure SLXD24D/SM58-G58 dual wireless w/handheld transmitters REH 4
Shure KSM 137- Cardioid mic overheads & hat REH 1
DXR12- Yamaha loud speakers -stage wedges REH 4
Senn E609- Sennheiser mic for guitar amps REH 2
Shure Beta 52A- Drum mic REH 1
Shure Beta 87A- handheld Vocal mic REH 4
Midas M32 Console- preferred mixing console REH 2
Decibel monitoring equipment REH
673,588 FOOD & BEVERAGE EQUIPMENT
156,200 PATRON/FRONT OF HOUSE/SUSTAINABILITY
Seating City
Wayfinding Signage City
Listen Everywhere Wifi (ADA Hearing System) City
Mag Machines REH 12
Barricades REH 24
Projectors REH
Reusable Cup System (Turnsystems, rcup) REH
Solar Charging Station REH 2
Sustainable Waste Management (Covanta) REH
305,720 NETWORK/HARDWARE
Serverforinternet 1
Server/Router/Switches (lumped in for one estimate) 1
Wifi access points (lumped in for one estimate) 1
Cabling' 1
Server Rack With Power 2
Rack UPS Hotswap 1
Phone System 1
Laptops - Manager, TD, Security, HM, Cust Svc 8
Laptop/Tablets - Merch/Auction 2
F&B POS Hardware (Tablet, stand, case) 42
F&B POS Charging Station 2
Printers 3
BOCA Printers
Kiosks Ticketing
2
2
Kiosk Cash to Card 2
Scanners - Zebra TC72 / TC75 18
340,000 OTHER FF&E
Video Surveillance System City
TBD - Access Control / Alarm System
TBD - Marquee
TBD - VIP Furniture
TBD -Dressing, Room Furniture
TBD - Office Furniture
Radios/security and amp staff REH 50
Golf Carts (F&B, Prod, Security) REH 4
Privacy solution for short fencing REH
Storage Solution REH 1
Portable Merch Stand REH 1
Kubota RTV X110C REH 2
Kubota Lawn Sweeper Attachment REH 2
Kubota Yard Trailer REH 2
Kubota Street Sweeper Attachment REH 2
3500 Psi 4 GPM Pressure Washer/Sidewalk Attach REH 2
Misc Custodial Equip REH 1
200,000 START UP INVESTMENT
Branding & Launch Campaign, Opening Activities
2,515,498 Total Investment
REH
REH
VENUE LICENSE AGREEMENT
EXHIBIT C
STANDARD TERMS AND CONDITIONS
S.1 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of
Licensee to the City will be that of an independent contractor. Licensee and all persons
employed by Licensee, either directly or indirectly, are Licensee's employees, not City
employees. Accordingly, Licensee and Licensee'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.
Licensee employees will not be regarded as City employees or agents for any purpose,
including the payment of unemployment or workers' compensation. If any of Licensee
employees or subcontractors assert a claim for wages or other employment benefits
against the City, Licensee will defend, indemnify and hold harmless the City from all such
claims.
S.2 SUBCONTRACTING. Licensee may subcontract work under this Agreement without
the express written permission of the City, provided, however, that Licensee shall ensure
that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Licensee and its subcontractors must provide
that the terms and conditions of this Agreement be incorporated therein.
S.3 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 Licensee from any of its obligations and liabilities under the
Agreement.
S.4 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding
upon and inure to the benefit ofthe parties and their respective permitted successors and
assigns.
S.5 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.6 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 Licensee.
S.7 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties'
obligations under this Agreement.
S.8 COMPLIANCE WITH APPLICABLE LAWS.
a) General. Licensee must procure all permits and licenses, and pay all charges and
fees necessary and incidental to the lawful conduct of business. Licensee must
stay fully informed ofexisting 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. Licensee bears full responsibility
for training, safety, and providing necessary equipment for all Licensee personnel
to achieve throughout the term of the Agreement. Upon request, Licensee will
demonstrate to the City's satisfaction any programs, procedures, and other
activities used to ensure compliance.
b) Drug -Free Workplace. Licensee 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. Licensee will require a drug-free workplace for all Licensee
personnel working under this Agreement. Specifically, all Licensee personnel
who are working under this Agreement must be notified in writing by Licensee
that they are prohibited from the manufacture, distribution, dispensation, or
unlawful possession or use of a controlled substance in the workplace. Licensee
agrees to ensure that Licensee personnel do not use or possess illegal drugs while
in the course of performing their duties.
c) Federal and State Immigration Laws. Licensee 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. Licensee will ensure and
keep appropriate records to demonstrate that all Licensee personnel have a legal
right to live and work in the United States.
i) As applicable to Licensee, under this provision, Licensee hereby warrants
to the City that Licensee will comply with and ensure each of its
subcontractors are contractually obligated to comply with, all federal
immigration laws and regulations that relate to their employees
hereinafter "Licensee Immigration Warranty").
ii) A breach of the Licensee Immigration Warranty will constitute as a
material breach of this Agreement and will subject Licensee 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 Licensee
personnel who provide services under this Agreement to ensure that
Licensee or its subcontractors are complying with the Licensee
Immigration Warranty. Licensee agrees to assist the City in regard to any
such inspections.
C-2
iv) The City may, at its sole discretion, conduct random verification of the
employment records of Licensee and any subcontractor to ensure
compliance with the Licensee Immigration Warranty. Licensee agrees to
assist the City in regard to any random verification performed.
v) Neither Licensee nor any subcontractor will be deemed to have materially
breached the Licensee Immigration Warranty if Licensee 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. Licensee 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. Licensee and
Licensee'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.9 SALES/USE TAX, OTHER TAXES. Licensee is responsible for the payment of all
taxes including federal, state, and local taxes related to or arising out of Licensee'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 Licensee
or any Licensee employees an employee of the City, or should anyone otherwise claim
the City is liable for the payment of taxes that are Licensee's responsibility under this
Agreement, Licensee will indemnify the City for any tax liability, interest, and penalties
imposed upon the City. Both City and the Licensee are exempt from paying state and local
sales/use taxes and certain federal taxes and will furnish an exemption certificate upon
request.
S.10 AMOUNTS DUE THE CITY. Licensee must be current and remain current in all
obligations due to the City during the performance of services under the Agreement.
Payments to Licensee may be offset by any delinquent amounts due the City or fees and
charges owed to the City.
PUBLIC RECORDS. In addition to all other contract requirements as provided by law,
the Licensee executing this agreement agrees to comply with public records law. The
Licensee'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 Licensee hereunder.
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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 ofthe contract
if the Licensee 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 Licensee or keep and maintain public records
required by the public agency to perform the service. If the Licensee transfers all
public records to the public agency upon completion of the contract, the Licensee
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Licensee keeps and
maintains public records upon completion of the contract, the Licensee 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
Licensee of the request and the Licensee must provide the records to the public
agency or allow the records to be inspected or copied within a reasonable time.
f) The Licensee hereby acknowledges and agrees that if the Licensee 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) If the Licensee fails to provide the public records to the public agency within a
reasonable time, it may be subject to penalties under Section 119.10, Florida
Statutes.
h) If a civil action is filed against the Licensee to compel production ofpublic records
relating to a public agency's contract for services, the court shall assess and award
against the Licensee the reasonable costs of enforcement, including reasonable
attorney fees, if:
1) The court determines that the Licensee 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 Licensee has not complied with the request, to the public agency
and to the Licensee.
i) A notice complies with subparagraph (h)(2). if it is sent to the public agency's
custodian of public records and to the Licensee at the Licensee's address listed on
its contract with the public agency or to the Licensee'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. If the
Licensee complies with a public records request within eight (8) business days
after the notice is sent, it is not liable for the reasonable costs of enforcement.
S.12 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other
requested background checks of Licensee 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.13 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 Licensee'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) materially fails to carry out any
term, promise, or condition of the Agreement.
b) Licensee will be in default of this Agreement if Licensee 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.
d) Anticipatory Repudiation. Whenever the City in good faith has reason to
question Licensee's intent or ability to perform, the City may demand that
Licensee give a written assurance of its intent and ability to perform. In the event
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that the demand is made and no written assurance is given within fifteen (15)
calendar days, the City may treat this failure as an anticipatory repudiation of the
Agreement.
S.14 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 upon determination in
good faith by the non -defaulting party that there was a material breach of the
Agreement that remained uncured following notice and opportunity to cure as
provided in section 14(c), above, and the termination will be deemed effective, if
the non -defaulting party is the Licensee, immediately or upon such other date as
specified in a notice of termination, and if the non -defaulting party is the City,
then on such date as is determined by the Clearwater City Council at a duly
constituted City Council meeting following failure to cure such material breach
by the Licensee, with written notice of such City Council meeting being provided
to the Licensee no less than thirty (30) days prior thereto, and the termination will
be effective immediately or at such other date as specified by the City Council.
b) The non -defaulting party may purchase the services required under the Agreement
from the open market, complete required work itself, or have it completed at the
expense of the defaulting party. If the costs of obtaining substitute services
exceeds the contract price, the non -defaulting party may recover the excess costs
by: (i) requiring immediate reimbursement to the non -defaulting party; (ii)
deduction from an unpaid balance due to defaulting party; (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.15 CONTINUATION DURING DISPUTES. The parties agree that during any dispute
between the parties, each will continue to perform its obligations until the dispute is
settled, performance is enjoined or prohibited by judicial action, or the parties are
otherwise required or obligated to cease performance by other provisions in this
Agreement.
S.16 TERMINATION FOR CONVENIENCE. The City may terminate this Agreement on
thirty (30) days' written notice for any reason upon approval of the Clearwater City
Council at a duly constituted City Council meeting. The City shall provide Licensee no
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less than thirty (30) calendar days' written notice of the meeting of City Council to
determine termination of the Agreement. The Licensee may terminate the Agreement
upon six (6) months prior notice to the City for any reason or no reason.
S.17 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 Licensee involved with the Venue.
S.18 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this
Agreement, Licensee will be entitled to payment for those services performed up to the
date of termination, any authorized expenses already incurred up to such date of
termination, any costs incurred by the Licensee in connection with cancellation of any
events and/or bookings as a result of the termination, the then -current fair market value
of the capital expenditures made for the Venue by Licensee, and other items as described
in Section 4.3 of the Agreement. The City will make final payment within thirty (30)
calendar days after the City has received Licensee's final invoice.
S.19 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.20 WARRANTY. Each party warrants that the services and materials will conform to the
requirements of the Agreement. Additionally, each party warrants that all services will be
performed in a good, workman -like and professional manner. If any materials or services
are of a substandard or unsatisfactory manner as determined by the other party, in good
faith, the providing party, at no additional charge to the other, will provide materials or
redo such services until in accordance with this Agreement and to the other party's
reasonable satisfaction. Unless otherwise agreed, the City and Licensee warrant that
materials used will be new, unused, of most current manufacture and not discontinued,
will be free ofdefects 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.21 THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Licensee 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.
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S.22 USE OF NAME. Licensee 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.23 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.24 RISK OF LOSS. Except as otherwise provided in the Agreement, each party agrees to
bear all risks of loss, injury, or destruction of goods or equipment incidental to providing
any services, to the extent such party provides the services, and such loss, injury, or
destruction will not release the party from any obligation hereunder.
S.25 SAFEGUARDING CITY PROPERTY. Except as otherwise provided in this
Agreement, Licensee 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 Licensee or its employees to the extent that such damage is caused by gross
negligence of the Licensee or its employees.
S.26 WARRANTY OF RIGHTS. Each party warrants it has title to, or the right to allow the
other to use the materials and services being provided to the other and that the party
receiving materials or services may use same without suit, trouble or hindrance from
providing party or third parties.
S.27 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing,
each party (the "Indemnifying Party") will without limitation, at its expense defend the
other party (the "Indemnified Party") against all claims asserted by any person that
anything provided by Indemnifying Party 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 Indemnified Party 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
Indemnified Party's use or operation of the items provided by Indemnifying Party
hereunder or any part thereof by reason of any alleged infringement, Indemnifying Party
will, at its expense and without limitation, either: (a) modify the item so that it becomes
non -infringing; (b) procure for the Indemnified Party 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 Indemnified Party 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
Indemnified Party may incur to acquire substitute supplies or services.
S.28 CONTRACT ADMINISTRATION. The agreement will be administered by the
Purchasing Administrator and/or an authorized representative from the using department.
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All questions regarding the agreement will be referred to the administrator for resolution.
Supplements may be written to the agreement for the addition or deletion of services.
Payment will be negotiated and determined by the contract administrator(s).
S.29 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, hostilities (whether declared or not), invasion, riots, civil
unrest, embargos or blockades, national or regional emergency, strikes, labor stoppages
or slowdowns or other industrial disturbances, telecommunication breakdowns, power
outages or shortages, inability or delay in obtaining supplies of adequate or suitable
materials, fire, explosion, other catastrophe or disaster, including epidemics, 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.30 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 Licensee. 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.31 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.32 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.
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S.33 INTEGRATION CLAUSE. The 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.34 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.35 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.36 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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DocuSign Envelope ID: BE739BBiA72A-41 E3-8A5C-984C1-EFEN53CD
NAMING RIGHTS AGREEMENT
This NAMING RIGHTS AGREEMENT (the "Agreement"), made and entered
into this February 122024 (the "Effective Date") by and between The City of Clearwater,
Florida, a municipal corporation of the State of Florida with an office address 100 South Myrtle
Avenue, Clearwater, FL 33756 ("Entity") and BayCare Health System, Inc., a Florida not-for-
profit corporation, and its hospitals, facilities, affiliates, and/or subsidiary companies with an office
address at 2985 Drew Street, Clearwater, Florida 32759 ("Sponsor" or "BayCare"). Entity and
Sponsor are sometimes together referred to herein as the "Parties" and individually as a "Party".
WITNESSETH:
WHEREAS the Entity owns The Sound music venue (further described in Section 2) located
inside Coachman Park (defined below) referred to as "The Sound" (the "Facility"); and
WHEREAS, Entity has the right to sell Naming Rights and other sponsorship and associated
rights to the Facility and Coachman Park; and
WHEREAS, Sponsor desires to purchase Naming Rights to the Facility and certain associated
rights with respect to the Facility and Coachman Park, all as more fully set forth herein; and
WHEREAS, Entity desires to sell Naming Rights to the Facility and certain associated rights to
the Facility and Coachman Park to the Sponsor, in consideration for the covenants and
agreements set forth in this Agreement; and
NOW, THEREFORE, in consideration ofthe foregoing and the mutual representations, warranties,
covenants and agreements set forth herein, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby mutually acknowledged, the Parties, intending to be
legally bound, hereby agree as follows:
1. Definitions. As used in this Agreement, the following terms have the following
meanings.
Affiliate" means a Person that, directly or indirectly, through one or more intermediaries,
controls, or is controlled by, or is under common control with, a Person whether by ownership,
contract, or otherwise. As used in this definition, the term "controls" or "controlled by" means the
possession of the power to direct the management and policies of the Person, whether through
ownership of voting securities, by contract or otherwise.
Agreement" has the meaning set forth in the Preamble.
Base Term" has the meaning set forth in Section 3(a).
Coachman Park" means the 19 -acre park located in Downtown Clearwater next to the
Clearwater Main Library and Clearwater Harbor Marina, with an address of 301 Drew Street,
Clearwater, Florida 33755.
uocuJlgn tnvelope IU: Iit/39ttlilA/ZA-41t"s-t3AbC.-ytf4c;FhbIib3C;u
Contract Year" means each twelve (12) month period beginning on the Effective Date
and each anniversary thereof.
Contract Year of Termination" has the meaning set forth in Section 25(d)(iii).
Direct Competitor" means any Healthcare System (as defined below).
Effective Date" means , 2024.
Entitlements" means the entitlements set forth in Exhibit B.
Entity" has the meaning set forth in the Preamble.
Entity Default" has the meaning set forth in Section 25(c).
Entity Trademarks" means Entity's name or other logos or trademarks, as set forth in
Section 16(a).
Exclusive Category" means, with respect to the Facility and Coachman Park, the
Healthcare System category. The Parties acknowledge and agree that Entity may not enter into
another exclusive sponsorship agreement with a Person who offers products or services set forth
in the Exclusive Category.
Extended Term 1" has the meaning set forth in Section 3(b).
Extended Term 2" has the meaning set foth in Section 3(b).
Facility" has the meaning set forth in the Recitals.
Facility Developments" means any facility, or any portion thereof, that is planned,
developed, and/or constructed at, or in association with, the Facility after the Effective Date.
Facility Domain Name" has the meaning set forth in Section 15(a).
Facility Logos" has the meaning set forth in Section 10(a). The Facility Logo shall also
include any future changes to the Facility Logo, in accordance with this Agreement.
Facility Manager" means any Person, other than Entity, that operates or manages the
Facility or any portion thereof.
Facility Manager Event" means any ticketed event open to the public during the Term of
this Agreement that is scheduled, organized, promoted, and produced by the Facility Manager.
Facility Social Media Accounts" has the meaning set forth in Section 15(b).
Facility Trademarks" has the meaning set forth in Section 14(a).
Force Majeure Event" has the meaning set forth in Section 30.
2
DocuSign Envelope ID: b1/39111 l A7ZA-47 E3-iiA5C-984CFEhti53CD
Healthcare System" means a facility or network of facilities with an organized medical
staff, with permanent facilities that include inpatient beds with medical services, including
physician services and continuous nursing services under the supervision of registered nurses, to
provide diagnosis and medical or surgical treatment primarily for, but not limited to, acutely ill
patients and accident victims, to provide treatment for patients with mental illness, or to provide
treatment in special inpatient care facilities. For the purpose of this Agreement, Healthcare System
shall explicitly include insurance companies that offer Medicare Advantage plans, and facilities
engaged in pharmaceutical and psychiatric services. Healthcare System shall not include
independent healthcare facilities engaged in, without limitation, the practice of dentistry or
ophthalmology, or chiropractic services.
Independent Marks" has the meaning set forth in Section 14(c).
Insolvency Event" means, with respect to Sponsor, the occurrence ofany ofthe following:
a) Sponsor shall commence a voluntary case concerning itself under any Insolvency Law; (b) an
involuntary case is commenced against Sponsor and the petition is not controverted within fifteen
15) days, or is not dismissed within sixty (60) days, after commencement of the case; (c) a
custodian is appointed for, or takes charge of, all or substantially all ofthe property of Sponsor or
commences any other proceedings under any Insolvency Law relating to Sponsor or there is
commenced against Sponsor any such proceeding which remains undismissed for a period ofsixty
60) days; (d) any order of relief or other order approving any such case or proceeding is entered;
e) Sponsor is adjudicated insolvent or bankrupt; (f) Sponsor suffers any appointment of any
custodian, receiver or the like for it or any substantial part of its property to continue undischarged
or unstayed for a period of sixty (60) days; or (g) Sponsor makes a general assignment for the
benefit of creditors.
Insolvency Law" means any bankruptcy, reorganization, arrangement, adjustment of debt,
relief of debtors, dissolution, insolvency or liquidation or similar Law of any jurisdiction, whether
federal, state or foreign, and whether now existing or hereafter in effect.
Knowledge" means with respect to Sponsor, that the executive officers and directors of
Sponsor are aware or reasonably should have been aware of a particular fact or matter after
conducting reasonable due diligence and inquiry.
Laws" means any relevant federal, state, local, or foreign constitution, treaty, law, statute,
ordinance, resolution, rule, code, regulation, order, writ, decree, injunctions, judgment, stay, or
restraining order, provisions and conditions ofpermits, licenses, registrations, and other operating
authorizations, and any judgment, opinion, or ruling of, any governmental authority, in each case,
whether currently in effect or which may hereinafter be enacted as existing or amended.
Name" has the meaning set forth in Section 4(a). The Name shall also include any future
name changes.
Naming Rights" means the right, subject to prior written mutual agreement between the
Parties, to name the Facility.
Old Facility Logo" has the meaning set forth in Section 10(c).
3
VOcublgltnvelopeIU: tit/351St51 A(ZA-41t345A5 4C:1 -t1- i53UU
Parks Developments" means any facility, or any portion thereof, that is planned,
developed, and/or constructed at, or in association with, Coachman Park after the Effective Date.
Party" has the meaning set forth in the Preamble.
Person" means any natural person, corporation, partnership, limited partnership, limited
liability company, estate, trust, joint venture, association, government (and any branch, agency or
instrumentality thereof), governmental entity or other form of entity or business organization.
Primary Logo" has the meaning set forth in Section 10(a).
Public Statements" has the meaning set forth in Section 35.
Rights Fee" has the meaning set forth in Section 8.
Secondary Logos" has the meaning set forth in Section 10(a).
Signage" has the meaning set forth in Section 11(a).
Sponsor" has the meaning set forth in the Preamble.
Sponsor Default" has the meaning set forth in Section 25(a).
Sponsor Trademarks" means Sponsor's name or other logos or trademarks, as set forth
in Section 17(a).
Style Guide" has the meaning set forth in Section 10(b).
Subordinate Rights" has the meaning set forth in Section 4(c).
Term" has the meaning set forth in Section 3(c).
Third Party Intellectual Property" has the meaning set forth in Section 18(a).
Third Party Signs" has the meaning set forth in Section 11(f).
Transfer" has the meaning set forth in Section 28.
Uncontrolled Portions" has the meaning set forth in Section 6(a).
2. The Sound. The Entity hereby represents that the Entity owns the Facility and
Coachman Park and that the Facility Manager operates the Facility. Facility is a waterfront music
venue located within Coachman Park that, as ofthe Effective Date, consists of4,000 covered seats,
additional lawn seating for approximately 5,000 guests, a stage, backstage, dressing rooms, a VIP
area, restrooms, and vendor areas, and is located at 255 Drew Street, Clearwater, FL 33755; a map
of the Facility and Coachman Park is included as Exhibit A. Nothing herein contained shall
obligate Entity or Facility Manager to operate the Facility, or any of its facilities on any particular
day or for any particular number of hours per day. The Entity and the Facility Manager reserve the
right to alter the operating schedule of days and hours ofthe Facility at any time and without notice
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to Sponsor. In addition, nothing herein contained shall obligate Entity to operate Coachman Park,
or any of its facilities on any particular day or for any particular number of hours per day. The
Entity reserves the right to alter the operating schedule ofdays and hours of Coachman Park at any
time and without notice to Sponsor. Notwithstanding the foregoing, Entity represents that
beginning in the 2024 calendar year, the Facility will host a minimum of thirty-five (35) Facility
Manager Events per year. For the sake of this Agreement, each day a performance takes place at
the Facility shall be considered one "event".
3. Term.
a. The term ofthis Agreement shall commence on the Effective Date and continue for
ten (10) Contract Years, unless extended or sooner terminated in accordance with
the terms hereof (the "Base Term").
b. Extended Terms. Notwithstanding the foregoing, the Parties shall have the right to
extend the Term of this Agreement, upon the terms and conditions set forth herein,
including the payment chart set forth in Exhibit C, for two (2), ten (10) Contract
Year periods, as further set forth in Sections 3(b)(i)-(ii) immediately below.
i. Extended Term 1. If, at any time before the last day of Contact Year 8, the
Parties execute a written extension memorializing their intent to extend the
Term, then the Term shall extend for ten (10) Contract Years (unless sooner
terminated in accordance with the terms hereof), effective after Contract
Year 10. ("Extended Term 1").
ii. Extended Term 2. If, at any time before the last day of Contract Year 18,
the Parties execute a written extension memorializinng their intent to extend
the Term, then the Term shall extend for ten (10) Contract Years (unless
sooner terminated in accordance with the terms hereof ), effective after
Contract Year 20 ("Extended Term 2").
c. The Base Term and any and all Extended Terms, individually or collectively, shall
together be referred to herein as the "Term."
4. Grant of Rights.
a. Grant of Naming Rights. Entity hereby grants to Sponsor during the Term the
exclusive Naming Rights to Facility pursuant to the terms and conditions of this Agreement. As
of the Effective Date, the official name of Facility shall be "The BayCare Sound" (the "Name"),
unless amended or changed in accordance with this Agreement. The Facility shall be referred to
as the Name in all marketing and promotional materials (materials including print and electronic
publications, print and electronic program guides, brochures, visitor guides, flyers, programs, and
the like, on websites, social media, press releases, electronic or static billboards, merchandise,
uniforms, badges, letterhead, event credentials and tickets, and similar materials, and other related
areas) and Signage. Both Parties agree that the Name should not be abbreviated and to use good
faith efforts, contractually or otherwise, to require that third parties (including those third parties
that enter into an agreement to rent or use Facility) include the Name in all advertising or other
dissemination of information regarding Facility. Entity shall use good faith efforts to require the
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use of the Name as an obligation in any contract negotiated with a Facility Manager in the future
in all instances in which business is conducted or information is released, and a reference is made
to Facility.
b. Name Change. In no event shall the Name be changed or altered by Sponsor without
the prior written approval of Entity. In no event shall the Name be changed or altered by Entity
without the prior written approval of Sponsor.
c. Subordinate Rights. Notwithstanding the grant ofNaming Rights, Entity shall have
the unlimited right to offer, grant, sell or otherwise convey naming rights, presenting sponsor,
official sponsor, sponsorship rights, advertising, hospitality, or any other rights, benefits, or
recognition, in whole or in part, to any subordinate portion of the Facility or Coachman Park (the
Subordinate Rights") to any third party; provided however, that Entity shall not grant any
Subordinate Rights to a Direct Competitor within the Exclusive Category.
d. Limitation ofRights. The Parties hereby understand and agree that the Entitlements
and branding rights set forth in this Agreement shall only apply to the Facility and Coachman Park
as they currently exist as of the Effective Date, which is set forth in Exhibit A; they shall not apply
to any Facility or Park Developments. Any and all branding opportunities to Facility and Park
Developments shall be negotiated and memorialized in a separate written agreement. Entity hereby
agrees that it shall not grant to any Direct Competitor any right or license to market or promote
any products or services within the Exclusive Category in conjunction with any Facility or Park
Developments.
5. Exclusivity. From the Effective Date through the end of the Term, subject to Section 6
below, and as long as no Sponsor Default exists, Entity hereby agrees that it shall not grant to any
Direct Competitor any right or license to market or promote any products or services within the
Exclusive Category anywhere at the Facility or within Coachman Park.
6. Exceptions to Exclusivity. Notwithstanding anything to the contrary herein, any right
of exclusivity granted to Sponsor in this Agreement shall be limited based on the following:
a. Sponsor acknowledges and agrees that Entity cannot control the Facility,
Coachman Park, and components thereof, when promoters, tenants, and other third
parties use the Facility or any of the facilities therein, Coachman Park or any ofthe
facilities therein, or when the Facility or Coachman Park are open to the public
Uncontrolled Portions"). Therefore, competing brand logos, products, signage,
and other promotion or recognition, including those of Direct Competitors, may be
promoted and otherwise visible, throughout the Term, in the Uncontrolled Portions
and will not constitute a breach of this Agreement so long as Entity contacts
Sponsor as soon as such promotion occurs and there is a mutual agreement
regarding how the competing brand logos, products, signage, and or recognition of
the Direct Competitors will be discontinued.
b. Entity and any Facility Manager may, without breaching this Agreement, enter into
rental, lease, or use agreements for use of the Facility or its facilities therein or
Coachman Park or its facilities therein, with entities who may compete, have
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sponsors that compete, or host events or other functions that have sponsors that
compete with Sponsor, including Direct Competitors.
7. Entitlements. Commencing on the Effective Date and throughout the Term of this
Agreement, Entity shall provide to Sponsor and Sponsor shall be entitled to the Entitlements set
forth in Exhibit B.
8. Compensation to Entity. In consideration ofthe rights, privileges, and benefits granted
under this Agreement, Sponsor shall pay to Entity compensation during the Term as set forth in
Exhibit C ("Rights Fee"). The Rights Fee shall be due and payable in one (1) installment per
Contract Year. In the first Contract Year, the Rights Fee shall be due and payable within sixty (60)
days of the Effective Date. In all subsequent Contract Years, the Rights Fee shall be due and
payable within thirty (30) days of the commencement of each Contract Year.
9. Payments.
a. All payments shall be paid by way of check made payable to "The City of
Clearwater, Florida" and mailed to Entity at its address set forth in Section 19, or such other
address as is designated by Entity in writing and in advance.
b. Any payment required to be made by Sponsor that is not paid within ten (10) days
from the date such payment becomes due and owing shall bear interest at an annual rate of twelve
percent (12%) per annum or, if lower, the maximum allowed by law, from the due date to the date
payment is actually made. The right of Entity to receive interest under this Section shall be in
addition to all other rights it may have as a result of Sponsor's failure to make payments when due.
10. Facility Logos.
a. Facility Logos. During the Term, Entity, Sponsor, and the Facility Manager shall
develop, at Sponsor's sole cost and expense, a logo or other similar design or device incorporating
BayCare," "The Sound," and such additional appropriate words or designs that relate to or
identify Sponsor and Entity (the "Primary Logo"). Sponsor may develop, at Sponsor's sole cost
and expense, derivative graphic designs and devices related to the Primary Logo to be used
periodically for ancillary marketing and promotional purposes pursuant to this Agreement, subject
to the prior written approval ofEntity (the "Secondary Logos"; collectively with the Primary Logo,
the "Facility Logos"). In all events, the Facility Logos shall be included in all marketing and
promotional materials produced by Sponsor related to the Facility. In all events, the Facility Logos
shall be mutually agreed upon by Entity and Sponsor. Approval of Facility Logos shall not be
unreasonably withheld, conditioned, or delayed by either Party. In no event shall any of the Facility
Logos be changed or altered by either Party without the prior written approval of the other Party.
b. Use of the Facility Logos & Name. As soon as reasonably practical after the
Effective Date, Entity, Sponsor, and the Facility Manager shall develop a style guide that sets forth
approved uses of the Facility Trademarks and the Independent Marks ("Style Guide"). Any use of
the Facility Trademarks and Independent Marks by either Party shall comply with the Style Guide
in all material respects. Any use of the Facility Name, Facility Logo, or Independent Marks by
either Party that departs in any material respect from the agreed upon Style Guide shall, in each
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case, be submitted to the other Party for its prior written approval, in accordance with the approval
rights set forth in Sections 16 and 17, respectively.
c. Use of Old Facility Logo & Name. Entity and/or Facility Manager shall have the
right to deplete any inventory (e.g., brochures, flyers, letterhead, etc.) of produced materials using
the Facility name and logo that was used prior to this Agreement ("Old Facility Logo"), not to
exceed sixty (60) days past the Effective Date. Prior to sixty (60) days past the Effective Date,
Entity and/or the Facility Manager (at the direction of Entity) shall provide Sponsor with the
opportunity to purchase Old Facility Logo inventory, without markup, for destruction. Entity shall
use good faith efforts to require the Facility Manager to order any and all new inventory after the
Effective Date with the Name and Facility Logo (as appropriate, depending on the nature of the
item) and shall use good faith efforts to make such requirement an obligation in any contract
negotiated with a Facility Manager in the future.
11. Signage.
a. Facility Signage. In connection with the Entitlements granted to Sponsor
hereunder, Sponsor shall be entitled to have certain signage or other forms ofexposure of the Name
and Facility Logos placed conspicuously in, on and around the Facility and Coachman Park as
specified in Exhibit B (the "Signage"). The content, appearance, location, material, quantity and
size ofall Signage shall be mutually agreed upon by Sponsor and Entity. The appearance, location,
and size of any and all Signage shall be consistent with local regulations and applicable Laws,
including building codes. The Parties acknowledge and agree that for certain Facility Manager
Events, certain stage -adjacent Signage may be obstructed, covered, or not be illuminated for
reasons not within the control of Entity, including, but not limited to, performer preference and
stage configuration. Entity will request that Facility Manager use its best efforts to have promoters,
artists, and performers minimize obstruction of stage -adjacent Signage. Notwithstanding the
foregoing, in the event certain stage -adjacent Signage is obstructed, covered, or not illuminated
due to a reason beyond Entity's control, it shall not constitute a breach of this Agreement.
b. Production and Installation. Sponsor shall be responsible for paying all costs and
expenses associated with the design, permitting, preparation, production, delivery, mounting and
installation of all Signage, which amounts shall be in addition to, and not a part of, the Rights Fee
as defined in Section 8). Entity shall hire one or more contractors to mount and install the Signage,
the costs of which shall be the responsibility of Sponsor. In the event that any currently existing
signage is in need ofremoval and replacement in order to install the Signage, Entity shall be solely
responsible for the costs and expenses of such removal and replacement. Any and all currently
existing signage that is removed pursuant to this Section shall be the sole and exclusive property
of Entity and shall be returned to it at the sole cost and expense of Entity, if applicable.
c. Maintenance. Following the design, preparation, production, mounting and
installation of the Signage, Entity shall be responsible for paying costs related to the illumination
of any external Signage and paying the costs and expenses associated with the routine maintenance
but not replacement) of all Signage located outside of the Facility, but within Coachman Park.
Sponsor shall be responsible for paying the costs and expenses associated with the routine
maintenance ofall Signage located inside of the Facility. Entity shall be responsible for the routine
DocuSignEnvelope ID: BE7391i1i1 A/1A-41 E3-8AbC-984C-EFB53CtT
maintenance of all Signage located inside of the Facility and shall be responsible for the routine
maintenance of all Signage located outside of the Facility, but within Coachman Park.
d. Removal and Replacement of Signage. As stated in Section 11(b), Entity shall be
responsible for all costs and expenses associated with the removal, destruction, discarding, or
replacement of any signage existing as of the Effective Date. In the event that the Signage is in
need of removal, destruction, discarding, and replacement due to a substitution, modification or
change of the Name or Facility Logos during the Term, Sponsor shall be responsible for all costs
and expenses associated with such removal, destruction, discarding, or replacement. Removal and
replacement of the Signage during the Term for any reason beyond a substitution, modification or
change of the Name or Facility Logos, shall be at the sole discretion of the Entity, shall be at no
cost or penalty to the Entity, and shall not reduce any Rights Fee to be paid to the Entity under this
Agreement. In the event the Signage is in need of removal, destruction, discarding, and
replacement due to a reason other than a substitution, modification or change of the Name or
Facility Logo during the Term, Entity may, if it so elects, remove, destroy, discard, and replace
the Signage using its desired contractors and Sponsor shall be responsible for all costs and
expenses associated with such removal, destruction, discarding, or replacement. Upon termination
of this Agreement due to Entity Default or the natural expiration of this Agreement, Entity shall
be responsible for costs and expenses associated with (i) the removal, destruction, discarding, or
replacement of all Signage; and (ii) the reinstallation of the signage that existed prior to the
execution of this Agreement. Upon termination of this Agreement due to Sponsor Default, Sponsor
shall be responsible for costs and expenses associated with (i) the removal, destruction, discarding,
or replacement of all Signage; and (ii) the reinstallation of the signage that existed prior to the
execution ofthis Agreement. Any and all Signage that is removed pursuant to this Section shall be
the sole and exclusive property of Entity and shall be returned to it at the sole cost and expense of
Sponsor (unless removal is due to Entity Default or the natural expiration of this Agreement where
the cost and expense of return shall be borne by Entity).
e. Third Party Signs. Sponsor and Entity shall use reasonable commercial efforts to
cause any existing and future third -party roadway, wayfmding or other signs referencing Facility
to identify Facility by the Name and/or Facility Logos; provided however, that, for the avoidance
of any doubt, the Parties shall not be deemed in breach of this Agreement in the event any such
third party fails to identify such signage.
f. Third Party Signs as of the Effective Date. Notwithstanding anything herein to the
contrary, Entity and Sponsor understand and acknowledge that, prior to the Effective Date,
references to Facility as "The Sound" have been physically incorporated in various signs,
sidewalks, kiosks, and/or building structures that cannot be modified or changed except at
considerable cost and expense (the "Third Party Signs"), and the Parties agree that the failure to
modify such signs will not constitute a breach of this Agreement. To the extent Sponsor desires
that any Third Party Signs in existence as ofthe Effective Date be replaced or modified to include
the Name and/or the Facility Logo, and the cost to replace and/or modify any such Third Party
Sign is not borne by the controlling body that owns or controls such Third Party Sign, then the cost
and expense of designing, purchasing, constructing, and installing any replacement or modified
Third Party Signs shall be paid for by Sponsor.
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12. Subsequent Name Change. If Sponsor or its successor or assignee changes or causes
the change of the Name or Facility Logos in accordance with the terms of this Agreement,
including receiving Entity's prior written approval in accordance with this Agreement, Sponsor
shall pay, or cause its successor or assignee to pay, all costs and expenses associated therewith,
including, without limitation, the cost and expense of: (a) removing, destroying and/or discarding
Signage reflecting the prior Name and/or Facility Logos, (b) preparing, producing, replacing,
mounting and installing new or altered Signage to reflect the changed Name and/or Facility Logos,
c) removing, destroying or discarding merchandise, equipment and other collateral materials
including, but not limited to, printed, electronic, and video materials, publications, staff uniforms,
supplies, and all other equipment or materials regardless of format that need to be changed to effect
the renaming or rebranding of the Facility with the new Name) related to the Facility branding,
promotion and publicity displaying the prior Name and/or Facility Logos, and (d) preparing,
producing, replacing and distributing merchandise, equipment or other collateral materials
including, but not limited to, printed, electronic, and video materials, publications, staffuniforms,
supplies, and all other equipment or materials regardless offormat that need to be changed to effect
the renaming or rebranding of the Facility with the new Name) related to the Facility branding,
promotion and publicity reflecting the changed Name and/or Facility Logos; and (e) attorneys'
fees, other professionals' fees, and the cost of obtaining any required consents and approvals
associated with such change as well as all other out of pocket costs and expenses relating to
Signage, promotions, branding, advertising and marketing.
13. Third Party Marketing and Promotional Materials. Entity and Sponsor agree that each
shall use commercially reasonable efforts during the Term to cause the media, advertisers,
promoters, sponsors, service providers, parties holding events at the Facility, and other third parties
to identify Facility by the Name and to incorporate the Name and/or Facility Logos into all
advertising and promotional materials that identify the Facility published or distributed by such
party; provided however, that any failure of such parties to refer to Facility by the Name and/or
incorporate the Facility Logos shall not be considered a breach of this Agreement.
14. Trademarks.
a. Ownership of Facility Trademarks. Entity and Sponsor agree that Sponsor shall
own all right, title and interest in the Name, Facility Logos, and/or any stylized form or
combination thereof, as may be modified throughout the Term, including the trademarks and
copyrights associated therewith ("Facility Trademarks"). Sponsor shall license or acquire from the
creator(s) ofthe Facility Logos "artist's design" sufficient rights, including rights in any copyright,
to permit unrestricted use of the trademarks associated with the Facility Trademarks. For the
avoidance ofdoubt, each Party shall retain all right, title, and interest in its respective Independent
Marks that are incorporated into the Name and Facility Trademarks. For purposes of clarity, for
i) Entity, this includes, but is not limited to, the Old Facility Logo, the name "The Sound", and
the Entity Trademarks; and (ii) Sponsor, this includes, but is not limited to, Sponsor Trademarks.
b. License to Use Facility Trademarks. During the Term, Sponsor hereby grants to
Entity an unlimited, nonexclusive, irrevocable, royalty -free license (with right to sublicense to the
extent permitted by this Agreement) to use the Facility Trademarks, as hereafter changed,
amended, or created hereunder so long as such use is in accordance with the Style Guide and the
approvals set forth in this Agreement. In addition, Sponsor agrees to take the necessary steps to
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grant Facility Manager, for as long as the Facility Manager operates the Facility, an unlimited,
nonexclusive, irrevocable, royalty -free license to use the Facility Trademarks, as hereafter
changed, amended, or created hereunder so long as such use is in accordance with the Style Guide
and the approvals set forth in this Agreement.
c. Independent Trademarks. Except as to the Facility Trademarks or as expressly
provided in this Agreement, Entity and Sponsor shall retain all ownership, right and title in their
respective trademarks, service marks, trade names, insignia, symbols, logos, decorative designs or
the like ("Independent Marks"), and neither Party shall use any Independent Mark that is owned
by, or licensed or sublicensed to, the other Party without the other Party's prior written consent,
subject to the Style Guide and the approval process set forth in Sections 16 and 17 of this
Agreement. Each Party agrees that any use of the other Party's Independent Marks under this
Agreement will inure to the benefit of and be on behalf of the owning Party and will terminate
upon the expiration or prior termination of this Agreement. Except as expressly provided herein,
the Parties will not have any rights or interests in the other Party's Independent Marks.
d. Unauthorized Use of Independent Trademarks. Notwithstanding anything herein to
the contrary, the use of the Independent Marks shall be subject at all times to the reasonable
approval of the owning Party. If Entity or Sponsor becomes aware of any unauthorized use of the
Independent Marks, then such Party shall promptly notify the other Party ofsuch unauthorized use
of the Independent Marks of which the notifying Party has actual knowledge. Both Entity and
Sponsor shall use commercially reasonable efforts to prevent and/or correct any unauthorized use
of the Independent Marks.
15. Facility Websites and Social Media.
a. Facility Website. Entity shall create a Facility website with the domain name
www.Name.com" (the "Facility Domain Name"). Entity shall manage, during the Term, the day-
to-day operation of any web sites using such Facility Domain Name (subject to mutual agreement
on reasonable style guidelines) and ensure maintenance of web site uptime. In the event the Facility
Manager manages the website using the Facility Domain Name, Entity shall use good faith efforts
to require that the Facility Manager ensures maintenance of web site uptime.
b. Facility Social Media Accounts. Entity shall (and shall cause any third party, if
applicable) change the social media accounts for Facility (including, but not limited to, accounts
with Facebook, Instagram, Twitter (aka "X"), Linkedln, Snapchat, and TikTok) to reflect Sponsor
and the Name (the "Facility Social Media Accounts"). The Facility Manager shall manage, during
the Term, the day-to-day operation of the Facility Social Media Accounts. The Agreement shall
include all social media accounts created over the course of the Term.
16. Entity Approval Rights.
a. Sponsor acknowledges and agrees that Entity has an interest in maintaining and
protecting the image and reputation of the Facility, Coachman Park, and Entity, and that in order
to accomplish this purpose, Sponsor must in all cases assure itselfthat the (i) Name, (ii) the Facility
Logo, and (iii) the Entity's name or other logos or trademarks ("Entity Trademarks") are at all
times used in a manner consistent with the Style Guide. Sponsor agrees that Entity shall have the
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right to examine and to approve or disapprove in advance of use the contents, appearance and
presentation of any and all advertising, promotional or other similar materials proposed to be used
by Sponsor that incorporate the Name or Facility Logo, Entity Trademarks, or that make reference
in any way to Entity and that depart in any material respect from the Style Guide. Sponsor shall
not produce, publish or in any manner use or distribute any such advertising, promotional or other
materials that have not been submitted to and approved in writing in advance by Entity.
b. Sponsor shall submit to Entity, at the address set forth in Section 19, for Entity's
examination and approval or disapproval, at least fourteen (14) days in advance of any use, a
sample of the proposed advertising, promotional or other similar materials that incorporate the
Name or Facility Logo, Entity Trademarks, or that refer to Entity together with the script, text,
coloring, storyboards and a copy of any photograph proposed to be used. Entity shall promptly
examine and either approve or disapprove such submissions and shall promptly notify Sponsor in
writing of its approval or disapproval. Entity shall not unreasonably disapprove any such
submission and, if disapproved, Entity shall advise Sponsor of the specific reasons for disapproval
in each case. Entity's approval must be given explicitly in writing; delay in approval for a specific
period of time shall not constitute approval for purposes of this Agreement.
17. Sponsor Approval Rights.
a. Entity acknowledges and agrees that Sponsor has an interest in maintaining and
protecting the image and reputation of the Facility, Coachman Park, and Sponsor, and that in order
to accomplish this purpose, Entity must in all cases assure itself that the (i) Name, (ii) the Facility
Logo, and (iii) Sponsor name, logo and trademarks ("Sponsor Trademarks") are all times used in
a manner consistent with the Style Guide. Entity agrees that Sponsor shall have the right to
examine and to approve or disapprove in writing and in advance of use of the contents, appearance
and presentation of any and all materials proposed to be used by Entity that use or incorporate the
Name or Facility Logo, Sponsor Trademarks, or that make reference in any way to Sponsor and
that depart in any material respect from the Style Guide. Entity therefore agrees that it will not
produce, publish or in any manner use or distribute any such materials that have not been approved
in writing in advance by Sponsor and shall use good faith efforts to make such requirement an
obligation in any contract negotiated with a Facility Manager in the future.
b. Entity shall submit, and shall use good faith efforts to require a Facility Manager to
submit, to Sponsor, at the address set forth in Section 19, for Sponsor's examination and approval
or disapproval, at least fourteen (14) days in advance of any use, a sample of the proposed
advertising, promotional or other similar materials that incorporate the Name or Facility Logo,
Sponsor Trademarks, or that refer to Sponsor, together with the script, text, coloring, storyboards
and a copy of any photograph proposed to be used. Sponsor shall promptly examine and either
approve or disapprove such submissions, and Sponsor shall promptly notify Entity in writing of
its approval or disapproval. Sponsor shall not unreasonably disapprove any such submission and,
if disapproved, Sponsor shall advise Entity of the specific reasons for disapproval in each case.
Sponsor's approval must be given explicitly in writing; delay in approval for a specific period of
time shall not constitute approval for purposes of this Agreement. Entity shall not be responsible
for any expenses, damages, claims, suits, actions, judgments, and costs whatsoever resulting from
a Facility Manager's failure to obtain approval from Sponsor for any advertising, promotional or
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other similar materials that incorporate Name or Facility Logo, Sponsor Trademarks, or that refer
to Sponsor.
18. Third Party Intellectual Property Rights.
a. Sponsor acknowledges and agrees that no rights have been granted to Sponsor to
use the names, logos, copyrights, designs, trademarks, or other identifications (other than the Name
or Facility Logo) used at the Facility and Coachman Park by any third party that may be granted
Subordinate Rights or that may schedule or conduct any event at the Facility or Coachman Park
Third Party Intellectual Property"). Sponsor shall not use any such Third Party Intellectual
Property unless and until Sponsor shall have obtained, at its sole expense, from the owner of such
proprietary rights whatever approval, license, waiver or release may be required to permit Sponsor
to use such Third Party Intellectual Property.
b. Indemnification. Sponsor shall protect, indemnify, defend and save harmless
Entity, its authorized agents, officers, board members, and representatives from and against any
and all expenses, damages, claims, suits, actions, judgments and costs whatsoever, including
reasonable attorneys' fees, arising out of, or in any way connected with, any claim or action
relating to the contents of any materials produced or distributed by Sponsor in accordance with
this Agreement, or alleging infringement by Sponsor of the Third Party Intellectual Property.
19. Submissions and Notices. Any notices required or permitted hereunder shall be
considered as duly made if delivered by personal delivery in writing or by certified mail, postage -
prepaid, return receipt requested to the Party for which it is intended. Notice delivered personally
shall be deemed received upon actual receipt; notice sent by certified mail shall be deemed
received on the date the return receipt is either signed or refused. Mailed notices shall be addressed
to the Parties at the following address:
To Entity
600 Cleveland Street
Clearwater, FL 33755
Attn: Mayor's Office and Clearwater City Council
With a Copy to:
600 Cleveland Street
Clearwater, FL 33755
Attn: Clearwater City Attorney's Office
With a Copy to:
600 Cleveland Street
Clearwater, FL 33755
Attn: Clearwater Parks and Recreation Department
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To Sponsor
BayCare Health System, Inc.
Attention: Director, Marketing
2985 Drew Street
Clearwater, Florida 33759
With a Copy to:
BayCare Health System, Inc.
Attention: Legal Services Department
2985 Drew Street
Clearwater, Florida 33759
20. Insurance. The Sponsor shall, at its own costs and expense, acquire and maintain
sufficient insurance to adequately protect the respective interest of the Parties.
Specifically, the Sponsor 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,
bodily injury, personal injury, death, property damage, advertising liability,
premises operations, products/completed operations, severability of interest, and
contractual liability in the minimum amount of $1,000,000 (one million dollars)
per claim and $2,000,000 (two million dollars) general aggregate.
b. Unless waived by the State of Florida and proof of waiver is provided to the
Entity, Worker's Compensation (WC) & Employer's Liability Insurance
coverage for all employees engaged under the Agreement, Worker's
Compensation as required by Florida law and Employer's Liability with minimum
limits of
a) $500,000 bodily injury each employee and each accident, $500,000 bodily
injury by disease each employee, and $500,000 bodily injury by disease policy limit
for quotes or agreements valued at $50,000 and under or
b) $1 Million bodily injury each employee and each accident, $1 Million bodily
injury by disease each employee, and $1Million bodily injury by disease policy
limit for formal solicitation and agreements exceeding $50,000.
WAIVER OF SUBROGATION — With regard to any policy of insurance that would pay
third party losses, Sponsor hereby grants Entity a waiver of any right to subrogation which
any insurer of Sponsor may acquire against the Entity by virtue of the payment of any loss
under such insurance. Sponsor agrees to obtain any endorsement that may be necessary to
affect such waiver, but this provision shall apply to such policies regardless.
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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) ofthe insurance policy's renewal date(s) for as long as this Agreement remains
in effect, the Sponsor will furnish the Entity with a Certificate of Insurance(s) (using
appropriate ACORD certificate, SIGNED by the Issuer, evidencing all of the coverage
set forth above and naming the Entity as an "Additional Insured" with respect to
General Liability coverage only. The address where such certificates and certified
policies shall be sent or delivered is as follows:
City of Clearwater
Attn: Risk Management Department
P.O. Box 4748
Clearwater, FL 33758-4748
b. Sponsor shall provide thirty (30) days written notice of any cancellation, non -renewal,
or termination.
c. Sponsor's insurance as outlined above shall be primary and non-contributory coverage
for Sponsor's negligence.
d. Sponsor reserves the right to appoint legal counsel to provide for the Sponsor's defense,
for any and all claims that may arise related to Agreement, work performed under this
Agreement, or to Sponsor's equipment, or service. Sponsor agrees that the Entity shall
not be liable to reimburse Sponsor for any legal fees or costs as a result of Sponsor
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 Entity, and failure to request evidence of this insurance shall
not be construed as a waiver of Sponsor's obligation to provide the insurance
coverage specified.
Notwithstanding the requirements of this section, Sponsor may elect to satisfy any or all of the
above insurance requirements and / or deductibles by use of self-insurance, and/or a captive
insurance company owned by Sponsor. The responsibility to fund any financial obligation for
self-insurance and/or a captive insurance company owned by Sponsor shall be assumed by, for
the account of, and at the sole risk of Sponsor.
21. Indemnity. Reserved.
22. Limitation ofLiability. Other than as set forth in Section 18(b), under no circumstances
shall Entity or Sponsor be liable to the other Party or any other Person for special, incidental,
consequential or indirect damages, loss of good will or business profits, or exemplary or punitive
damages.
DocuSign Envelope ID: BE739BB1-A72A-41 E3-8A5C-984CFEFB53CD
23. Reservation of Rights. All rights not herein specifically granted to Sponsor by Entity
shall be and remain the property of Entity to be used in any manner as it may deem appropriate.
24. Representations and Warranties.
a. Representations and Warranties of Sponsor. Sponsor represents and warrants to
Entity that: it is a corporation in good standing under the laws of the state of Florida and is duly
authorized to transact business in the state of Florida; it has the full corporate power and legal
authority to enter into and perform this Agreement in accordance with its terms; all necessary
corporate approvals for the execution, delivery, and performance by Sponsor of this Agreement
have been obtained, and no consent or approval of any other Person is required for execution of
and performance by Sponsor of this Agreement; this Agreement has been duly executed and
delivered by Sponsor and constitutes a legal, valid and binding obligation of Sponsor enforceable
in accordance with its terms; the execution, delivery and performance of this Agreement by
Sponsor will not conflict with its articles of incorporation, by-laws or other charter and governing
documents and will not conflict with or result in the breach or termination of, or constitute a default
under, any lease, agreement, commitment or other instrument, or any order, judgment or decree,
to which Sponsor is a party or by which Sponsor is bound; it owns sufficient right, title and interest
in and to the Sponsor Trademarks and to grant to Entity the right and license to use the Sponsor
Trademarks as contemplated by this Agreement; and there is no litigation pending or, to the
Knowledge of Sponsor threatened against Sponsor which would prevent or hinder the
consummation of the transactions contemplated by this Agreement or its obligations hereunder.
b. Representations and Warranties of Entity. Entity represents and warrants to
Sponsor that: it has the full power and legal authority to enter into and perform this Agreement in
accordance with its terms; the execution and delivery of this Agreement on behalf of Entity has
been duly authorized; all necessary approvals for the execution, delivery, and performance by
Entity ofthis Agreement have been obtained; this Agreement has been duly executed and delivered
by Entity and constitutes a legal and binding obligation of Entity enforceable in accordance with
its terms; all votes, approvals and proceedings required to be taken by or on behalf of Entity to
authorize Entity to execute and deliver this Agreement and to perform its covenants, obligations
and agreements hereunder have been duly taken; it owns sufficient right, title and interest in and
to the Entity Trademarks and to grant to the Sponsor the right and license to use the Entity
Trademarks as contemplated by this Agreement; and Entity is authorized to enter into this
Agreement and to grant to Sponsor all of the rights, benefits, privileges and Entitlements
contemplated to be granted to Sponsor hereunder.
25. Termination and Effect.
a. Default Event by Sponsor. The occurrence of any one or more of the following
events or actions will constitute a default ofthis Agreement by the Sponsor ("Sponsor Default"):
i. Failure to Make Payment. Sponsor fails to pay the Rights Fee or any other
amount required under this Agreement when due, if such failure continues
for a period of ten (10) days after Entity gives Sponsor written notice of
such failure;
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ii. Other Material Breach. Sponsor breaches any other material term or
condition, covenant, agreement, representation or warranty made under this
Agreement and (A) such breach is not cured by Sponsor within sixty (60)
days following receipt of written notice specifying the nature of such
breach, or (B) if such breach cannot be cured within the sixty (60) day
period, Sponsor fails to (i) submit a cure plan reasonably acceptable to
Entity and engage in best efforts to remedy such breach within such sixty
60) day period and (ii) cure the breach within one hundred twenty (120)
days following receipt of written notice specifying the nature of such
breach;
iii. Corporate Cessation. Cessation of Sponsor to conduct business, or if
Sponsor is subject to any attachment, execution or other judicial seizure or
sale of any substantial portion of its assets, which is not discharged or
revoked within ten (10) days thereof;
iv. Insolvency. an Insolvency Event occurs with respect to Sponsor;
v. Wrongful Assignment. Sponsor's assignment ofthis Agreement in violation
of Section 28; and
vi. Violation of Core Values. Sponsor (inclusive of its senior executives and
members of its board of directors) does or omits to do something that, in the
reasonable and good faith opinion ofEntity, defies Sponsor's core values of
Trust, Respect, Dignity, Responsibility, and Excellence. In the event
Sponsor (inclusive of its senior executives and members of its board of
directors) does or omits to do something that would otherwise constitute a
Sponsor Default under this Section 25(a)(vi), Entity shall provide Sponsor
with written notice setting forth, in detail, the alleged default, and Sponsor
shall have sixty (60) days following receipt of written notice to cure the
alleged default, or if such alleged default cannot be cured within the sixty
60) day period, Sponsor shall (i) submit a cure plan reasonably acceptable
to Entity and engage in best efforts to remedy such alleged default within
the sixty (60) day period and (ii) cure the alleged default within one hundred
twenty (120) days following receipt of written notice specifying the nature
of the alleged default. In the event Sponsor fails to cure the alleged default
as set forth herein, Entity may terminate this Agreement.
b. Termination Rights and Remedies of Entity. In the event of a Sponsor Default,
Entity shall have the right to exercise any one or more of the following remedies:
i. immediately terminate this Agreement upon written notice to the Sponsor;
ii. to retain any and all amounts, including, but not limited to the Rights Fee,
that have already been paid as of the date of termination;
iii. Because the nature of entering into and granting the rights and benefits
under this Agreement involves a complex and time-consuming legal and
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corporate process and, in the event of a Sponsor Default resulting in the
early termination of this Agreement, the Entity will incur considerable cost
and expense in effectuating a change of the Name and Facility Logo and
soliciting and entering into a subsequent naming rights agreement with a
third party; Entity shall have the right to receive from Sponsor liquidated
damages equal to the amount of the Rights Fee for the two (2) subsequent
Contract Years following the date of termination;
iv. Remove and destroy all Signage or materials displaying or containing
Sponsor Trademarks at the sole cost and expense of Sponsor, as set forth in
Section 11;
v. To enforce any other rights provided for herein with respect to such Sponsor
Default;
vi. To seek to recover all damages and other sums available at law or in equity
to which it is entitled with respect to such Sponsor Default; and
vii. To exercise any other right or remedy at law or in equity with respect to
such Sponsor Default.
c. Default Event by Entity. The occurrence of any one or more ofthe following events
or actions will constitute a default of this Agreement by Entity ("Entity Default"):
i. Material Breach. Entity breaches any material term or condition, covenant,
agreement, representation or warranty made under this Agreement and (A)
such breach is not cured by Entity within sixty (60) days following receipt
of written notice specifying the nature of such breach, or (B) ifsuch breach
cannot be cured within the sixty (60) day period, Entity fails to (i) submit a
cure plan reasonably acceptable to Sponsor and engage in best efforts to
remedy such breach within such sixty (60) day period and (ii) cure the
breach within one hundred twenty (120) days following receipt of written
notice specifying the nature of such breach;
ii. Wrongful Assignment. Entity's assignment of this Agreement in violation
of Section 28; and
iii. Violation of Core Values. Entity, solely as it relates to its operation of the
Facility, does or omits to do something that, in the reasonable and good faith
opinion ofSponsor, defies Sponsor's core values of Trust, Respect, Dignity,
Responsibility, and Excellence. In the event Entity does or omits to do
something that would otherwise constitute an Entity Default under this
Section 25(c)(iii), Sponsor shall provide Entity with written notice setting
forth, in detail, the alleged default, and Entity shall have sixty (60) days
following receipt of written notice to cure the alleged default, or if such
alleged default cannot be cured within the sixty (60) day period, Entity shall
i) submit a cure plan reasonably acceptable to Sponsor and engage in best
efforts to remedy such alleged default within the sixty (60) day period and
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ii) cure the alleged default within one hundred twenty (120) days following
receipt of written notice specifying the nature of the alleged default. In the
event Entity fails to cure the alleged default as set forth herein, Sponsor may
terminate this Agreement without financial penalty.
d. Termination Rights and Remedies of Sponsor. In the event of an Entity Default,
Sponsor shall have the right to exercise any one or more ofthe following remedies:
i. Immediately terminate this Agreement upon written notice to the Entity;
ii. To enforce any other rights provided for herein with respect to such Entity
Default;
iii. To receive a refund of any prepaid, unrealized portion ofthe Rights Fee for
the Contract Year in which the Agreement is terminated ("Contract Year of
Termination"), which shall be calculated by (i) dividing the remaining days
of the Contract Year of Termination by 365 or 366, as applicable; and (ii)
multiplying such number by the Rights Fee for the Contract Year of
Termination. For purposes of example only, if Sponsor validly terminates
this Agreement on the 181" day of Contract Year 3 (after paying the Rights
Fee for Contract Year 3), then it shall be entitled to a refund of $254,034.69
equal to 184 [remaining days in the Contract Year of Termination]/365
number of days in Contract Year 3] * $503,927.50 [Rights Fee for Contract
Year 3]);
iv. Remove and return all Signage or materials displaying or containing
Sponsor Trademarks at the sole cost and expense of Entity;
v. Seek to recover all damages and other sums available at law or in equity to
which it is entitled with respect to such Entity Default; and
vi. Exercise any other right or remedy at law or inequity with respect to such
Entity Default.
e. Failure to Terminate. Failure to terminate this Agreement pursuant to this Section
shall not constitute a waiver ofany remedies the non -Defaulting Party would have been entitled to
demand in the absence of this Section, whether by way of damages, termination or otherwise.
f. Announcement upon Termination. In the event of any termination of this
Agreement, Entity shall have the right to announce in press releases and otherwise that this
Agreement is terminated.
26. Waiver. The failure of either Party at any time to demand strict performance by the
other Party of any of the terms, covenants or conditions set forth herein shall not be construed as
a continuing waiver or relinquishment thereof and each Party may at any time demand strict and
complete performance by the other Party of such terms, covenants and conditions.
27. Rights after Expiration or Termination.
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a. Upon the expiration or termination of this Agreement, unless stated otherwise in
this Agreement, the rights and obligations of the Parties under this Agreement shall cease
immediately, including but not limited to, all of the rights of each Party to the use of the Name,
the other Party's Trademarks, and Facility Trademarks. Sponsor shall not thereafter make any use
whatsoever of the Name, Facility Trademarks, or Entity Trademarks or make any other reference
in advertising to the Facility, Coachman Park, or Entity. Notwithstanding the foregoing, however,
the Parties may continue to distribute any existing printed materials if such materials were
produced and printed only in reasonable anticipation of the requirements ofthe respective Parties
for the Term, however the materials shall not be distributed for longer than forty-five (45) days
after the expiration or termination of the Term.
b. For the avoidance of doubt, each Party shall retain all right, title, and interest in,
and shall have the right to continued use after termination or expiration of this Agreement to, its
respective Independent Marks, including, but not limited to, those that are incorporated into the
Name and Facility Trademarks. For purposes of clarity, for (i) Entity, this includes, but is not
limited to, the Old Facility Logo and Entity Trademark; and (ii) Sponsor, this includes, but is not
limited to, Sponsor Trademarks.
28. Assignment.
a. This Agreement and all rights and Entitlements granted under this Agreement by
Entity are personal to Sponsor and shall not be sold, assigned, sublicensed, pledged, encumbered
or otherwise transferred (each, a "Transfer"), directly or indirectly, to any Person (including,
without limitation, to any Affiliate of Sponsor) without the prior written consent of Entity. In the
event Entity provides prior written consent ofa Sponsor Transfer, then, as a condition ofTransfer,
the transferee shall assume in writing for the benefit of Entity all obligations in respect ofthe rights
assigned or transferred to such acquirer or successor under this Agreement pursuant to an
instrument reasonably satisfactory to Entity. Sponsor shall not Transfer this Agreement to an
Affiliate of Sponsor, without Entity's prior written consent. Sponsor shall remain ultimately
responsible for all obligations of Sponsor under this Agreement, and such Transfer shall not relieve
Sponsor of any of its obligations under this Agreement. Any Transfer of this Agreement without
prior written consent is in violation of this Section and shall be void and shall entitle Entity to
terminate this Agreement upon written notice of termination.
b. Entity shall not have the right to Transfer this Agreement without the prior written
consent of Sponsor. Any Transfer ofthis Agreement without prior written consent is in violation
ofthis Section and shall be void and shall entitle Sponsor to terminate this Agreement upon written
notice of termination.
c. Any change to the Name as the result of this Section, shall be governed by Sections
4 and 12.
29. Parties Bound and Benefited. This Agreement shall bind and benefit the Parties hereto
and, as applicable, their respective owners, members, directors, officers, representatives,
successors, and assigns.
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30. Force Majeure. If either Party is delayed, prevented, prohibited, or materially impaired
from performing any of its obligations under this Agreement (other than a payment obligation
hereunder) as a result of a force majeure event, including, but not limited to, (a) war (including
civil war or revolution), invasion, armed conflict, violent act of a foreign enemy, military or armed
blockade, or military or armed takeover; (b) riot, insurrection, civil commotion, civil disturbance,
or act of terror or sabotage; (c) nuclear explosion or meltdown, or radioactive, chemical or
biological contamination; (d) fire, explosion or other serious casualty; (e) severe weather or other
natural disasters (including, but not limited to, hurricane force winds, tornadoes, floods,
earthquakes, tsunami, named windstorms, or snow or ice storms); (f) events resulting in the
declaration of a state of emergency; (g) governmental restrictions; (h) pandemics, epidemics,
public health crisis or emergency; (i) strike, lock -out, or labor dispute; (j) acts of God; or (k) other
cause beyond the parties' reasonable control ("Force Majeure Event"), then such Party's failure to
perform such obligation shall not constitute a breach of this Agreement and such Party shall be
excused from performance of such obligation for a period oftime equal to the period during which
the Force Majeure Event delays, prevents, prohibits, or materially impairs such performance so
long as such Party gives the other Party prompt written notice of the cause of the delay. In such
event, the Parties will make reasonable efforts to determine sufficient "make good" rights which
shall constitute a substitute for the obligations that the restricted Party was delayed, prevented,
prohibited, or materially impaired from providing to the other Party as the result of a Force Majeure
Event.
31. Significance of Headings. Section headings and numbering contained herein are solely
for the purpose of aiding in speedy location of subject matter and are not in any sense to be given
weight in the construction of this Agreement. Accordingly, in case of any question with respect to
the construction of this Agreement, it is to be construed as though such Section headings had been
omitted.
32. Contract Interpretation and Construction. Each Party recognizes that this is a legally
binding contract and acknowledges and agrees that they have had the opportunity to consult with
legal counsel of their choice. In the event an ambiguity or question of intent or interpretation arises,
this Agreement shall be construed as though drafted by both Parties, and no presumption or burden
of proof shall arise favoring or disfavoring one Party by virtue of the authorship of any of the
provisions of this Agreement.
33. No Joint Venture. This Agreement does not constitute and shall not be construed as
constituting a partnership, joint venture or landlord/tenant relationship between Entity or Sponsor.
No Party shall have any right to obligate or bind any other Party in any manner whatsoever, and
nothing herein contained shall give, or is intended to give, any rights of any kind to any third
persons. This Agreement does not and will not be construed to entitle either Party or any of their
respective employees to any benefit, privilege, or other amenities of employment by the other.
34. Governing Law and Jurisdiction. This Agreement shall be governed by and interpreted
in accordance with the laws of the State of Florida, without giving effect to the principles of
conflict of laws. Any dispute regarding this Agreement shall only be brought in either state court
in Pinellas County, Florida, or in federal court in the Middle District of Florida. Each Party hereby
irrevocably submits to the exclusive jurisdiction of either such court for purposes of any action
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arising out of this Agreement. Both Parties agree not to challenge this Section, and not to attempt
to remove or transfer any legal action outside of Florida for any reason.
35. Public Statements. Neither Party shall directly or indirectly make or encourage the
making of any defamatory or disparaging statements about the other Party, or any statements that
could reasonably be expected to impact negatively on the name, business or reputation of the other
Party. The Parties agree to consult and cooperate with each other with respect to the timing,
content, and form of any media statements, press releases or other public disclosures (the "Public
Statements") made by either Party related to performance under this Agreement. Each Party further
agrees that any such Public Statement will be made in furtherance of the good faith performance
of this Agreement and the contractual relationship of the Parties. Notwithstanding anything herein
to the contrary, Sponsor understands and agrees that this Section 35 shall not apply to any
defamatory or disparaging statements that may be made by the Entity's elected officials and in the
event an Entity elected official makes a defamatory or disparagaing statement in violation of this
Section 35, it shall not constitute a breach of this Agreement or an Entity Default under this
Agreement.
36. Public Records. All Parties hereto acknowledge that Entity is a political entity in the
State of Florida and as such is subject to the Florida Statutes and other Laws related to the keeping
and access to public records.
37. Subservience. Notwithstanding anything to the contrary contained in this Agreement,
this Agreement (as clarification, including, without limitation, all rights, benefits and any
exclusivities) is subject in all respects to all applicable Laws, including, but not limited to, the
Clearwater Code of Ordinances and all present and future contracts entered into by, all other
entities, governing bodies or organizations having jurisdiction over the rights and benefits granted
to Sponsor herein.
38. No Third Party Beneficiaries. This Agreement shall not confer any rights or remedies
upon any Person other than the Parties hereto and their respective successors and permitted assigns.
39. Severability. If any provision of this Agreement is held to be illegal, invalid, or
unenforceable under any present or future Law: (a) the Parties shall substitute for the affected
provision a legal, valid, and enforceable provision which approximates the intent and economic
effect of the affected provision as nearly as possible; (b) such provision shall be fully severable;
c) if the Parties , cannot substitute a replacement provision as described in (a) above, this
Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision
had never comprised a part hereof; and (d) the remaining provisions ofthis Agreement shall remain
in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision
or by its severance from this Agreement.
40. Entire Agreement; Amendment. This Agreement, including all exhibits hereto,
constitutes the entire agreement between the Parties with respect to the subject matter hereof and
supersedes all prior agreements and understandings. All representations and negotiations relative
to the matters contemplated by this Agreement are merged herein, and there are no
contemporaneous understandings or agreements relating to the matters set forth herein other than
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those incorporated herein. Additionally, this Agreement may not be amended, changed, or
modified except by a writing signed by both Parties, or their respective successors or assigns.
41. Survival. The provisions of this Agreement, which by their nature should apply beyond
their terms, will remain in force after any termination or expiration of this Agreement. In addition,
any payment obligation ofeither Party that (a) accrues or arises prior to or at the time of expiration
or earlier termination of this Agreement and (b) that is contemplated under the terms of this
Agreement to be paid after such expiration or earlier termination shall survive such expiration or
earlier termination until paid.
42. Counterparts and Facsimile/Electronic Execution. This Agreement may be executed
in any number of counterparts, each of which shall be deemed to be an original, and all of which,
taken together, shall constitute one and the same instrument. The execution of counterparts shall
not be deemed to constitute delivery of this Agreement by any Party until each of the Parties has
executed and delivered its respective counterpart. Delivery of an executed counterpart of a
signature page of this Agreement (and each amendment, modification and waiver in respect of it)
by facsimile or other electronic transmission, including email, shall be as effective as delivery of
a manually executed original counterpart of each such instrument.
Signatures Page Follows]
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1N WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
by their duly authorized officers and/or officials and agree to be bound by its terms.
ENTITY
SEE ATTACHED SIGNATURE PAGE FOR
CITY OF CLEARWATER SIGNATURES
SPONSOR
Name:
Title:
Date:
24
Name: Stephanie Conners
Title: CEO
2/14/2024
Date:
Approved
Legal Approval: DS
SVP Chief Strategy & Marketing:
uucuoign envelope ,u: tserautsts i -At -w+ I CO -CVA aOifl., resoai,u
Exhibit A
Facility and Coachman Park Map
CITY OF CLEARWATER
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LJocuSign tnvelope 11): 13t73yt3t31 A71A-41t3-SAbU-9134UIt1-13b3U13
Exhibit B
Entitlements
Category Exclusivity
Exclusivity with Coachman Park and the Facility, subject to the terms of this Agreement,
in the Healthcare System category.
Facility Naming Rights
Exclusive name of the Facility to be known as the "The BayCare Sound"
Launch Campaign
Entity will organize a Facility naming rights public relations and marketing campaign
regarding the partnership between the Parties
o Contents ofmarketing materials and events (including, for example, press
releases, ribbon cutting events, announcements, and the like) to be mutually
agreed upon by the Parties.
o Sponsor representatives shall be included in all public -facing campaign pieces
including, for example, quotes in press releases and involvement in ribbon
cutting)
Signage
Facility Logo or Name on off -premise directional signage leading up to the Facility (for
example, vehicular and pedestrian signage), subject to Sections 11(e) -(f) of this
Agreement.
Facility Logo or Name on Coachman Park entrance sign
Facility Logo on Facility main entrance identity signage
Facility Logo on Facility exterior identity signage facing Coachman Park and the
causeway
Facility Logo on Facility main identity interior signage, to be located near the stage in a
mutually agreeable position and subject to Section 11(a) of this Agreement.
Facility Logo placement on or near box office/customer support area
Facility Name on on -premise wayfmding signs
Facility Logo placement on light pole banners within Coachman Park and downtown
Clearwater near Coachman Park
Facility Logo or Name included on upcoming show promotional messages on five (5)
Coachman Park digital kiosks
Facility Logo on Facility staff uniforms. Sponsor to pay all costs and expenses related to
the initial design, creation, and purchase of staff uniforms bearing the Facility Logo.
Sponsor understands and agrees that the Facility Manager reserves the right to set dress
and uniform standards for its employees.
Digital Assets
Sponsor recognition on Entity, Facility, and "My Clearwater" websites, with the contents,
form, and location of the recognition to be agreed upon by the Parties.
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Sponsor recognition on Imagine Clearwater emails, with the contents, form, frequency,
and location of the recognition to be agreed upon by the Parties.
Sponsor inclusion in twelve (12) Entity social media posts per Contract Year. The
contents, form, and frequency of the social media posts to be agreed upon by the Parties.
Sponsor shall use the Name in all social media posts that refer to the Facility.
Facility Logo or Name on digital tickets, with the size and location of the Facility Logo
or Name to be as agreed upon by the Parties.
Facility Logo or Name inclusion on media buys. City will, and will use commercially
reasonable efforts to ensure third parties (including the Facility Manager) will, include
Facility Logos or the Name on all media buys.
On -Site Opportunities
Opportunity for Sponsor to activate on-site at the Facility; dates and activation content
and form to be mutually agreed upon by the Parties.
Sponsor, Entity, and Facility Manager to collaborate on ways to activate the brand
partnership in the local marketplace.
Contingent on the mutual agreement of the Parties, Sponsor shall have the opportunity to
place mutually agreed upon activation items throughout Coachman Park and/or the
Facility (e.g., sunscreen dispensers, AEDs, and/or other activation items mutually agreed
upon by the Parties). Sponsor to pay all costs and expenses associated with the design,
permitting, preparation, production, delivery, mounting and installation of the activation
items. The location, size, and design of any activation items shall be as mutually agreed
upon by the Parties.
Tickets and Hospitality
Sponsor to receive ten (10) tickets to each Facility Manager Event for Sponsor's sole use.
The tickets are to be located in the front section or highest price section of Facility
seating. The tickets shall include access to the VIP area located adjacent to the stage,
unless the Facility Manager has rented the VIP area for the exclusive use by one party or
one legal entity. Sponsor to receive notification each time Facility Manager rents the VIP
area for the exclusive use by one party or one legal entity for a particular event. Entity
shall purchase, at its sole cost and expense and for Sponsor's sole use, the ten (10) tickets
including VIP area access) contemplated in this paragraph.
o Depending on availability, Sponsor may purchase, at its sole cost and expense, up
to two (2) additional tickets at face value located in the front section or highest
price section of Facility seating. The timing of this opportunity shall coincide with
the pre -sale period determined solely by the Facility Manager.
Opportunity for Sponsor to reserve the VIP area located adjacent to the stage for two (2)
Facility Manager Events per Contract Year, with dates and events to be mutually agreed
upon by Sponsor, Entity, and Facility Manager.
o In the event Sponsor's rights to reserve the VIP area are not exhausted in any
Contract Year, such rights shall expire at the end of such Contract Year and shall
not rollover into any subsequent Contract Year.
o In the event Sponsor elects to reserve the VIP area consistent with the terms of
this Agreement, Sponsor shall bear all costs and expenses related to reserving the
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VIP area, including, but not limited to, the face value cost of tickets beyond the
ten (10) tickets contemplated above, hospitality, food, and beverage.
As made available by the Facility Manager, artist/performer meet and greets shall be
afforded to Sponsor and its ticketed guests. Sponsor understands and agrees that
artist/performer meet and greets cannot be guaranteed for any Facility Manager Event.
Facility Use
Use of Facility up to two (2) times per Contract Year
o Dates, times, and specific space shall be based on availability and mutually agreed
upon by the Parties.
For any event Sponsor wishes to host at the Facility occurring on or before
July 1, 2024, Sponsor shall provide at least one hundred twenty (120)
days' notice to Entity and the Facility Manager of the desired date ofthe
event, at which time Entity and Facility Manager will notify Sponsor as to
the Facility's availability on that desired date. For any event Sponsor
wishes to host at the Facility occurring after July 1, 2024, Sponsor shall
provide at least three hundred and sixty-five (365) days' notice to Entity
and the Facility Manager ofthe desired date of the event, at which time
Entity and Facility Manager will notify Sponsor as to the Facility's
availability on that desired date.
o The rental fee shall be waived for the above uses, but Sponsor shall be responsible
for all other costs, including, without limitation, staffing, tech, food, and
beverage. Sponsor shall utilize the Facility Manager to provide staffing, tech,
food, beverage, and other operational services.
o Ifthe use rights included in this section are not exhausted in any Contract Year,
such rights shall expire at the end of such Contract Year and shall not rollover
into any subsequent Contract Year.
UocuSign Envelope ID: BE739BB1 A72A41E3-8A5C-984GFEFB53cD
Exhibit C
Payment Chart
Contract Year Rights Fee
Contract Year 1 475,000
Contract Year 2 489,250
Contract Year 3 503,927.50
Contract Year 4 519,045.33
Contract Year 5 534,616.68
Contract Year 6 550,655.19
Contract Year 7 567,174.84
Contract Year 8 584,190.09
Contract Year 9 601,715.79
Contract Year 10 619,767.26
EXTENDED TERM 1
Contract Year 11 638,360.28
Contract Year 12 657,511.09
Contract Year 13 677,236.42
Contract Year 14 697,553.51
Contract Year 15 718,480.12
Contract Year 16 740,034.52
Contract Year 17 762,235.56
Contract Year 18 785,102.63
Contract Year 19 808,655.70
Contract Year 20 832,915.38
29
DocuSign Envelope1DBE73913131 A72A-41 E3-8A5C-984CFEFB53CD
EXTENDED TERM 2
Contract Year 21 857,902.84
Contract Year 22 883,639.92
Contract Year 23 910,149.12
Contract Year 24 937,453.59
Contract Year 25 965,577.20
Contract Year 26 994,544.51
Contract Year 27 1,024,380.85
Contract Year 28 1,055,112.27
Contract Year 29 1,086,765.64
Contract Year 30 1,119,368.61
Ce Ica om Ietioi
Envelope Id: BE739BB1A72A41E38A5C984CFEFB53CD
Subject: Complete with DocuSign: BCHS_City of Clearwater The Sound Naming Agreement -
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Time Zone: (UTC -05:00) Eastern Time (US & Canada)
Signatures: 1
Initials: 1
ReCAO:MO, R•1
Status: Original
2/12/2024 12:30:30 PM
Joy Demas
Joy.Demas@baycare.org
ASSOCIATE COUNSEL - LEGAL SVCS
BAYCARE HEALTH SYSTEM
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Edward Rafalski
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Chief Strategy and Marketing Officer
Edward Rafalski
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cEO
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Edit*
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Elizabeth.Snyder@baycare.org
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Patricia Matincheck
Patricia.Matincheck@baycare.org
BayCare Systems
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Electronic Record and Signature Disclosure created on: 8/21/2015 1:26:17 PM
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Countersigned:
Brian J. Aung
Mayor
CITY OF CLEARWATER, FLORIDA
By:
Approved as to form: Attest:
tSU/,4-Lth lC,
David Margolis
City Attorney
Jennifer Poirr%r
City Manager
Rosemarie CaII
City Clerk
The Superlative Group, Inc.
2843 Franklin Blvd.
Cleveland, OH 44113
Professional Services Agreement
This agreement ("Agreement") is entered into on 341 121OA("Effective Date") and sets forth the terms
and conditions between The Superlative Group, Inc. ("Superlative"), an Ohio Corporation located at 2843
Franklin Blvd. Cleveland, Ohio 44113 and The City of Clearwater, Florida (the "Client" or
City"), located at Post Office Box 4748, Clearwater, FL 33758-4748 with respect to naming rights and
sponsorship valuation and sales services to be provided by Superlative in connection with the marketable
opportunities associated with the Client's marketable assets, including, without limitation, Coachman Park
the "Assets"). A map of Coachman Park is set forth in Exhibit C, which is hereby incorporated into this
Agreement. Throughout this Agreement, Superlative and the Client shall be referred to individually as a
Party" and collectively as "The Parties." For purposes of this Agreement, reference to Client shall also
include its affiliate entities that will be entering into Sponsorship Agreements (defined in Section 2)
pursuant to this Agreement. The Parties have agreed as follows:
1. Services: During the Term (defined in Section 4), the Client hereby retains Superlative to serve
as the exclusive sponsorship and naming rights representative of the Client with respect to the valuation
and sale of sponsorship, naming rights, presenting sponsor, official sponsor, category partnership,
pouring rights, advertising, hospitality, or any other rights, benefits, or recognition, in whole or in part,
in connection with the Assets ("Services"). The scope of Services is further described in Exhibit A, which
is attached to and incorporated as part of this Agreement by reference. Superlative agrees to use its
diligent efforts, consistent with its own business judgment, in carrying out its obligations under this
Agreement.
2. Sponsor/Sponsorship Agreement: Each entity secured by Superlative that subsequently enters into
a "Sponsorship Agreement" (defined below) with the Client shall be referred to as a "Sponsor." If any
entity, including any charitable corporate foundation related to any Sponsor, elects to make a contribution
in support of the Assets, then subject to the terms of the applicable Sponsorship Agreement, such entity
making the contribution shall also be deemed a Sponsor and the contribution shall be deemed
consideration in connection with the Assets. Those contracts or agreements, including renewals,
extensions and modifications thereof, by which any party enters to receive sponsorship, naming rights,
presenting sponsor, official sponsor, category partnership, pouring rights, advertising, hospitality, or any
other rights, benefits, or recognition, in whole or in part, in connection with the Assets are herein referred
to as "Sponsorship Agreements."
1
3. Authority to Bind: Superlative agrees that Superlative shall not have any right to bind or commit
the Client in any way. Any arrangement or understanding binding the Client, or by which any Sponsor
obtains any rights or benefits in connection with the Assets and the Client, shall be set forth in a written
agreement approved by the Client and executed by the Client and the Sponsor involved. The Client shall
provide Superlative with a copy of this agreement and any modification or renewal thereof effected at
any time.
4. Term: The "Phase I Term" ofthis Agreement shall commence on the Effective Date and expire
upon Superlative's delivery ofthe Valuation Report. The "Phase II Term" ofthis Agreement, iftriggered,
shall commence upon the Client delivering Superlative a written notice to proceed to Phase II sales
services, as set forth in Section 6 of this Agreement, and shall continue for eighteen (18) months, unless
extended in accordance with this Agreement. The Parties further agree, however, that the Parties shall
have the right through written, mutual agreement, no later than sixty (60) days before the expiration of
the Phase II Term, to renew and extend the Phase II Term hereoffor successive twelve (12) month periods
Extended Term"). Individually or jointly, the Phase I Term and the Phase II Term may be referred to
herein as the "Term."
5. Consideration:
5.1. As consideration to Superlative for the Services of Superlative as described herein, the Client
agrees to pay to Superlative as follows:
a) Phase I Asset Valuation Services: a professional services fee in the amount of Sixty
Thousand USD ($60,000) ("Professional Services Fee"). The Professional Services Fee
shall be paid in two installments. The first installment shall be paid to Superlative in
the amount of Thirty Thousand USD ($30,000) upon completion of a site visit by
Superlative and Superlative's delivery of the information request. The second
installment shall be paid to Superlative in the amount of Thirty Thousand USD
30,000) upon delivery by Superlative of the first draft of the valuation report in
relation to the Assets (the "Valuation Report"); and
b) Phase II Naming Rights and Sponsorship Sales Services. In the event Client provides
Superlative with a written notice to proceed to Phase II sales services (in accordance
with Section 6), Client shall also, in its written notice to proceed, choose one of the
payment options listed in Sections 5.1(b)(i) or 5.1(b)(ii) that it desires for Phase II sales
services and such payment option shall constitute the payment terms for the Phase II
sales services.
i) Option 1
1. Five Thousand Five Hundred USD ($5,500) per month for the Phase II Term
Retainer") to be payable within the first five (5) days of each month
immediately following Superlative's receipt of the notice to proceed as outlined
in Section 6 below; and
2. Twenty Percent (20%) commission on Sponsorship Income
2
OR
ii) Option 2
1. Seven Thousand Five Hundred USD ($7,500) per month for the Phase II Term
Retainer") to be payable within the first five (5) days of each month
immediately following Superlative's receipt ofthe notice to proceed as outlined
in Section 6 below; and
2. Fifteen Percent (1 5%) commission on Sponsorship Income
5.2. Client shall reimburse Superlative for all pre -approved travel and expenses at cost.
5.3. Any and all consideration, as stated in this Section 5, owed to Superlative pursuant to this
Agreement that is derived from Sponsorship Income, and Client's obligation pay such
consideration, shall survive the termination or expiration of this Agreement. Client's obligation
to pay any Professional Services Fee and Retainer payments shall also survive the termination or
expiration of this Agreement, in the event that such payments have not been paid upon the
termination or expiration of this Agreement.
6. Completion of Phase I/Valuation and Initiation of Phase II/Sales Services: Superlative shall use
commercially reasonable efforts to deliver the final draft ofthe Valuation Report to the Client within four
4) months of the Effective Date, unless otherwise agreed to by the Parties. The delivery of the final draft
of the Valuation Report shall not be unreasonably conditioned or delayed by Client. In the event that the
Client unreasonably conditions or delays the delivery of the Valuation Report, the delivery period, as set
forth in this Section 6, shall be extended for the period of time in which the final draft was conditioned or
delayed by the Client. Client shall have no obligation to proceed with Phase II sales services in connection
with the Assets. In the event Client decides to proceed with Phase II sales services in connection with the
Assets, it shall provide Superlative with a written notice to proceed, which notice is to occur upon a date
to be mutually agreed upon by the Parties after the delivery of the final draft of the Valuation Report.
Upon receipt of such notice to proceed, Superlative shall initiate the Phase II sales services in connection
with the Assets.
7. Sponsorship Income:
7.1. As used herein, "Sponsorship Income" shall mean all amounts paid or payable by or on behalf of
any entity as consideration for the right to receive any sponsorship, naming rights, presenting
sponsor, official sponsor, category partnership, pouring rights, advertising, hospitality, or any
other rights, benefits, or recognition, in whole or in part, in connection with the Client and the
Assets, regardless ofwhether such amounts are paid during the Term hereof or during any period
following the last day of the Term, pursuant to:
a) Any Sponsorship Agreement which is executed with a Sponsor during the Term ofthis
Agreement;
3
b) Any Sponsorship Agreement which is executed within twelve (12) months following
the expiration or termination of the Tenn hereof with any entity that was previously
solicited by Superlative to become a Sponsor and with which Superlative had
conducted good -faith discussions concerning the possibility of such entity becoming a
Sponsor; and
c) Any renewal, extension or modification of any such contract or agreement, as described
in sections 7.1(a) and 7.1(b) immediately above.
7.2. If any entity set forth in Section 7.1 shall provide the Client with any "in-kind" consideration (for
example, products, services, advertising commitments, etc.), then such in-kind consideration shall
be considered "Sponsorship Income" and shall be commissionable to Superlative at the rate
described in Section 5 above. In-kind consideration shall be valued at the valuation set forth in
the relevant Sponsorship Agreement, or if there is no such valuation, at the fair market value
thereof.
8. Collection of Sponsorship Income: The Client shall be solely responsible for and shall directly
collect all Sponsorship Income. Client will remit any commission owed on Sponsorship Income to
Superlative within thirty (30) days of receipt of Sponsorship Income. Any payments shall be made by
check payable to "The Superlative Group, Inc." at the address set forth herein. At the time of payment to
Superlative, the Client shall supply Superlative with a statement showing the identity of the entity that
made payment, the amount paid, the date of receipt, and the calculation of commission payable to
Superlative.
9. Exclusivity: Superlative shall serve as the exclusive naming rights and sponsorship valuation and
sales agent of the Client to value and sell sponsorship, naming rights, presenting sponsor, official sponsor,
category partnership, pouring rights, advertising, hospitality, or any other rights, benefits, or recognition,
in whole or in part, in connection with the Assets during the Term of this Agreement.
10. Progress Meetings: Representatives of Superlative will make themselves available to meet with
senior Client executives on a periodic basis to assess the progress of the Services, and at such time
Superlative will provide the Client with Superlative's opinions and recommendations for obtaining a
successful outcome for the naming rights and sponsorship sales.
11. Record Keeping: Each Party agrees that it will keep accurate and complete records and books of
accounts showing all income it receives relating to this Agreement. Each Party or its representatives shall
have the right at all reasonable times (prior to the expiration of two (2) years after the end of the Term) to
inspect and make copies of the books and records of the other Party so far as such books and records shall
relate to the computation of amounts to be paid to Superlative and the Client hereunder.
12. Partnership/Joint Venture: This Agreement does not constitute and shall not be construed as
constituting a partnership or joint venture between the Client and Superlative. Neither Party shall have
any right to obligate or bind the other Party in any manner whatsoever, and nothing herein contained shall
give or is intended to give any rights of any kind to any third person.
4
13. Ownership of Proprietary Information: This Agreement does not constitute and shall not be
construed as constituting the transfer or assignment ofany proprietary information from Superlative to the
Client. Superlative shall retain the ownership rights to all proprietary information that it owned (in whole
or in part) prior to entering into this Agreement, including, but not limited to, trade secrets, technology,
formulas, calculations, algorithms, or information pertaining to business operations and strategies, and
information pertaining to customers and pricing.
14. Intellectual Property Rights. This Agreement does not constitute and shall not be construed as
constituting the transfer or assignment of any intellectual property between the Parties, unless set forth
otherwise in this Agreement. The Parties shall retain ownership right, title, and interest to all intellectual
property that they owned (in whole or in part) prior to entering into this Agreement, including, but not
limited to, copyrights, patents, trademarks, and service marks.
15. Client Indemnification: The Client shall indemnify, save and hold harmless Superlative, its
affiliates, their respective officers, directors, employees, shareholders, and any of them, from and against
any and all expenses, damages, claims, suits, actions, judgments, and liabilities ("Claims") arising out of,
or in any way connected with, (a) the negligent act or omission or willful misconduct ofthe Client and its
employees relating to this Agreement, (b) the negligent or unlawful use of the Asset by, or activities of,
the Client and its employees, related to or connected with Client, or (c) breach by the Client of any
representation or warranty ofthe Client herein set forth. In the event that Claims arise from the concurrent
negligence of Client and Superlative, the duty to indemnify shall be limited to the extent of the negligence
of Client and its employees. Notwithstanding the foregoing, this Section 15 shall not apply to any claims,
suits, actions, judgments, liabilities, and any costs, expenses, and damages resulting therefrom, between
the Parties. Furthermore, this Section 15 shall survive the termination or expiration of this Agreement.
Nothing contained herein is intended to serve as a waiver by Client of its sovereign immunity, to extend
the liability of Client beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as
consent by Client to the sued by third parties.
16. Superlative Indemnification: Superlative shall defend, indemnify, save and hold harmless the
Client, its affiliates, their respective officers, directors, employees, shareholders, representatives, contractors
and agents, and any of them, from and against any and all expenses, damages, claims, suits, actions,
judgments, liabilities and costs whatsoever (including attorneys' fees and expenses of attorneys retained by
Superlative) ("Claims") arising out of, or in any way connected with, (a) the negligent act or omission or
willful misconduct of Superlative, its employees, agents, representatives and contractors relating to this
Agreement, (b) the negligent or unlawful use of the Asset by, or activities of, Superlative, its employees,
agents or contractors, related to or connected with the Superlative, or (c) breach by Superlative of any
representation or warranty of Superlative herein set forth. In the event that Claims arise from the concurrent
negligence of Superlative and Client, the duty to indemnify shall be limited to the extent of the negligence
of Superlative, its employees, agents, representatives and contractors. Notwithstanding the foregoing, this
Section 16 shall not apply to any claims, suits, actions, judgments, liabilities, and any costs, expenses, and
damages resulting therefrom, between the Parties. Furthermore, this Section 16 shall survive the termination
or expiration of this Agreement.
17. Force Majeure: If either Party is delayed, prevented, prohibited, or materially impaired from
performing any of its obligations under this Agreement (other than a payment obligation hereunder) as a
result ofa force majeure event, including, but not limited to, acts ofGod, adverse weather conditions, natural
5
catastrophe, labor disputes, strikes, war, insurrection, terrorist action, government restrictions, civil
commotion, riots, fire, flood, pandemics, epidemics, public health crisis or emergency, or other cause
beyond the Parties' reasonable control, then such Party's failure to perform such obligation shall not
constitute a breach of this Agreement and such Party and shall be excused from performance of such
obligation for a period of time equal to the period during which the force majeure event delays, prevents,
prohibits, or materially impairs such performance. Notwithstanding the foregoing, a force majeure event
does not include any changes in general economic conditions such as inflation, interest rates, economic
downturn or other factors of general application; or an occurrence that merely makes performance more
difficult or expensive.
18. Damages: Except in regard to Sections 15 and 16 of this Agreement, under no circumstance shall
Superlative or the Client be liable to the other Party or any other person or entity for special, incidental,
consequential or indirect damages, loss of good will, or exemplary or punitive damages. In addition, and
without prejudice to the foregoing, Superlative's total liability to the Client shall not exceed the total sums
paid by the Client under this Agreement in respect of the Services, and Client's total liability to Superlative
shall not exceed the total sums payable to Superlative under this Agreement.
19. Transfer/Assignment: Neither Party shall assign or otherwise transfer this Agreement, nor any
rights or obligations hereunder, except upon receipt of the prior express written approval ofthe other Party
hereto.
20. Governing Law and Venue: This Agreement shall be governed and construed according to the laws
of the State of Florida without regard to conflict of laws. Any action brought by either Party shall lie in
Pinellas County Florida.
21. Construction: Superlative and the Client hereby acknowledge that both Parties participated equally
in the negotiation of this Agreement and that, accordingly, in interpreting this Agreement, no weight shall
be placed upon which Party hereto or its counsel drafted the provision being interpreted.
22. Severability: The provisions of this Agreement are divisible. If any such provision shall be
deemed invalid or unenforceable, such provision shall be limited to the extent necessary to render it valid
and enforceable, and the remaining provisions of this Agreement shall continue in full force and effect,
without being impaired or invalidated in any way.
23. Survival: Provisions of this Agreement, which by their nature should apply beyond their terms, will
remain in force after any termination or expiration of this Agreement including, but not limited to, this
Section 23 and the following provisions: Section 5.3, Section 8, Section 11, Section 13, Section 14, Section
15, Section 16, Section 18, Section 20, Section 21, Section 22, Section 25, Section 26, and Section 28.
24. Reserved.
25. Waiver: No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege
arising from this Agreement operates or may be construed as a waiver thereof or any other right, remedy,
power, or privilege. No single or partial exercise of any right, remedy, power, or privilege hereunder
precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or
privilege.
6
26. Entire Agreement: This Agreement, including all exhibits, schedules, and any documents or
instruments incorporated herein by reference constitutes the sole and entire agreement of the Parties with
respect to the subject matter hereof, and supersedes all prior or contemporaneous understandings,
agreements, negotiations, representations and warranties, and communications, both written and oral,
between the Parties with respect to the subject matter hereof.
27. Amendment: This Agreement may be amended from time to time only upon a written agreement
between the Parties.
28. Counterparts. This Agreement may be executed in two (2) or more counterparts (including, without
limitation, by means of an electronic or facsimile signature), each of which shall be deemed an original, but
all of which, when together constitute one and the same instrument.
29. Public Records: Superlative (hereinafter "contractor" in this section 29 only) will be required to
comply with Section 119.0701, Florida Statutes, as may be amended from time to time, specifically
to:
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL
33755.
Contractor shall comply with the following:
a) Keep and maintain public records required by the City ofClearwater (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 ofthe 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 ofthe 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
7
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.
30. E -Verify: Superlative and its subcontractors shall register with and use the E -Verify system to
verify the work authorization status of all newly hired employees. Superlative will not enter into a contract
with any subcontractor unless each Party to the contract registers with and uses the E -Verify system.
Subcontractor must provide Superlative with an affidavit stating that subcontractor does not employ,
contract with, or subcontract with an unauthorized alien. Superlative shall maintain a copy of such affidavit. Client may terminate this contract for any violation of this subsection (g). See Section 448.095, Florida
Statutes (2020).
31. Termination. 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 either Party'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 illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement.
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
ofthe 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
ofthe non -defaulting Party to provide notice of the default does not waive any rights under the
Agreement.
32. Insurance Requirements are set forth in Exhibit B, which is incorporated by reference and attached
hereto.
8
If the foregoing is satisfactory. please indicate your agreement by signing at the place provided below.
Sincerely. Read and Agreed:
The Superlative Group. Inc.
Kyle Canter
Chief Operating Officer
2843 Franklin Blvd.
Cleveland, OH 44113
Countersigned: CITY OF CLEARWATER
a -R
Frank Hibbard Jon Jennings
Mayor City' Manager
Approved as to form: Attest:
wen Kohler
Assistant City Attorney
eiLei•UKAAA:, 4ie
Rosemarie Call
City Clerk
9
kos
IISHIrf'
EXHIBIT A
SCOPE OF SERVICES
Project Methodology, Approach & Timeline
PHASE I: ASSET INVENTORY & VALUATION
During Phase I, our team of Valuation specialists identify and value all of the assets that the City of
Clearwater's Coachman Park ("Coachman Park") has available to generate revenue. Our Valuation process
includes five key components:
1) Quantitative Analysis;
2) Qualitative Analysis;
3) Contract & Policy Analysis;
4) Industry Benchmarking; and
5) Prospect Identification.
Each component is briefly summarized in the following pages.
QUANTITATIVE ANALYSIS
Quantitative Benefits reflect the ability to effectively measure the return on investment that Coachman Park
partners can expect to receive. These include the direct, or tangible, benefits available to the partner.
Quantitative Benefits typically form a significant portion of fair market value because each item is
quantifiable and guaranteed to the partner.
Quantitative Benefits are separated into several categories including:
Property Media Buys;
Signage Benefits;
Print Marketing Collateral;
Social and Digital Media Exposure; and
Display Opportunities.
The first step in identifying quantitative value is by studying real-world media value in the marketplace.
This involves understanding the total number of possible impressions available through each asset that
reaches the target audience. We identify television, signage, print, digital and social media exposure and
then scale impressions for each asset from "valued impressions" to "waste impressions," adjusting the
media value accordingly. Standard discount rates range between 10 and 75 percent depending on the
type and quality of exposure.
Quality of exposure is determined by:
How prevalent the partner's ID (Name) is through the exposure period; and
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The impact of its placement with its intended audience.
Our specialists then use pre -impression, or rate -card, values to assign a price or value to each benefit
identified. CPMs used for this purpose are culled from local, regional and national advertising rates
depending on the scope of the opportunity. Typical CPMs can range from $2.50 for online exposure to
15 for large format out -of -home digital signage. They also represent the most accurate metric by which
to determine exposure value for any particular Naming Rights or sponsorship asset.
Our quantitative analysis also includes an assessment ofthe value of engaging the target audience and
the quality ofexposure received. Understanding the value of each impression with respect to a specific
demographic or target audience is an important component. For example, a target student demographic
of 18- to 21 -year-old females may be considered a "premium audience" by one partner, while another
may be trying to reach 35- to 54 -year-old males. Our valuation is adjusted accordingly for each
opportunity and asset.
The final aspect of our quantitative assessment is identifying the costs of engaging the target audience
and achieving high-quality exposure. This includes an assessment ofthe cost of delivery (to the partner)
and may include direct costs (installing a hard sign), overhead costs (maintaining a media platform) or
development costs.
QUALITATIVE ANALYSIS
Qualitative Benefits, or intangible benefits, enhance the value of Naming Rights and sponsorships and
typically fall outside traditional media platforms making them difficult to quantify. Superlative classifies
Qualitative Benefits into five distinct categories based on its extensive experience selling, negotiating
and auditing Naming Rights and corporate sponsorships:
Prestige of Property;
Value of Audience;
Opportunity to Activate;
Partner Protection; and
Geographic Reach.
Functionally, Qualitative Benefits represent the premium value Naming Rights and sponsorships
demand over alternative marketing investments. By simplifying intangible benefits into the above five
categories, Superlative is able to effectively justify premium Naming Rights and sponsorship value by
focusing on the qualitative aspects of an opportunity that align with the objectives of a corporate
marketer.
CONTRACT & POLICY ANALYSIS
As part of its analysis, Superlative conducts a thorough contract review prior to completing every Phase
I report. The goal of this process is to establish a list of any limitations, processes or existing policies
that affect a contract. Then Superlative develops a strategy to minimize the effects of those limitations
and maximize all of the identified opportunities through a logical priority assessment.
Not only are prices, fulfillment obligations and relative value for each party reviewed, but also values
against similar contracts with other entities. The value ofNaming Rights and sponsorships to Coachman
Park will be inhibited by any pre-existing contracts relating to Naming Rights and corporate
sponsorships. A thorough understanding of Coachman Park's existing advertising contracts will assess
the impact that existing agreements place on new Naming Rights and sponsorship agreements.
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The project team spends time early in the project reviewing all relevant statutes, signage regulations and
rules to ensure that Coachman Park marketing opportunities, within context of established guidelines,
are understood. Superlative remains in close contact with Coachman Park's legal and executive teams
to ensure that the asset database is being developed in a manner that is consistent with Coachman Park's
existing policy regarding assets for marketing purposes.
INDUSTRY BENCHMARKING
Superlative maintains an extensive database of Naming Rights and sponsorship agreements that is
continuously updated and includes, but is not limited to, Naming Rights and sponsorship contracts from
theaters, arenas, park districts, municipalities, convention centers, stadia, transit agencies, Departments
of Transportations, universities and nonprofit organizations. Once our Valuation specialists have
developed the asset database and determined the Naming Rights and corporate sponsorship value for
each opportunity and asset, a list of similar sponsorship contracts, including their terms, associated fees
and other pertinent details, is compiled for each asset. The goal ofthis process is to identify not only the
fair market value ofeach Naming Rights and sponsorship opportunity, but also the minimum (floor) and
maximum (ceiling) revenue garnered in the marketplace by similar organizations. Each Naming Rights
and sponsorship asset is presented in this manner in our final Phase I report.
PROSPECT IDENTIFICATION
As a final step, Superlative draws upon its extensive background in Naming Rights and sponsorship
sales and its proprietary database to outline prospective partners for each marketable opportunity. This
database includes both category identification and major corporate partners within each category. In our
experience, optimum revenue generation is attained when there is a comprehensive understanding of:
The inventory available; and
How that inventory aligns with the needs of potential partners.
Superlative's experience in identifying and documenting marketing rights, combined with our
knowledge of (and relationships with) large corporations, will give Coachman Park the tools to ensure
the maximum revenues are leveraged out of every corporate partnership.
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OPTIONAL PHASE II: STRATEGIC SALES CAMPAIGN
DEVELOPMENT
Superlative's main priority is to generate maximum revenue for our clients. Upon completion of Phase
I, Superlative recommends immediately moving forward with a strategic sales campaign, beginning
with the client's most valuable opportunities. Prioritizing assets in this manner ensures optimum revenue
generation by taking the largest asks to market first. To ensure that coverage is comprehensive,
Superlative uses a systematic approach to contact marketing partners.
PROSPECTING
Collaborate closely with Coachman Park's leadership and development teams on
recommendations they may have;
Exhaust Superlative's contact database ofthousands ofcorporate contacts, which is continually
updated;
Identify and research prospective corporations through various subscribed databases to match
the marketing needs of corporations with the logical and most valuable marketing assets of
Coachman Park;
Promote sales campaign with a description of Coachman Park's initiatives through a myriad of
resources;
Create presentation material that will provide specific information for potential investments
and/or partnerships with Coachman Park as part ofthe Naming Rights or sponsorship program,
including:
o Market/Demographic data;
o Measured media value;
o Value justification for unmeasured media;
o Sponsorship benefits and options;
o Options for renewal; and
o Financial investment.
NEGOTIATING AND COMPLETING AGREEMENTS
Superlative will assist in any way that is comfortable for Coachman Park. Superlative's executives can
be the upfront negotiator or advise Coachman Park stakeholders, depending on your desire and needs.
PRESENT AGREEMENTS TO THE CITY AND THE MEDIA
Superlative is well versed in the appropriate procedures for announcements to local and national media
outlets. Superlative will work with Coachman Park to accurately present a negotiated Naming Rights
and sponsorships to the appropriate executives and media. It is important that Naming Rights and
sponsorships be communicated accurately, both financially and politically, while being cognizant of
objections and concerns.
CONTRACT FULFILLMENT
Superlative will work with Coachman Park to develop a system that accurately tracks the status of newly
developed Naming Rights and corporate sponsorships. Our experience shows that contract fulfillment
requires participation from development, legal and accounting functions to ensure high-quality partner
relationships.
MANAGE AND AUDIT ONGOING RIGHTS
Superlative establishes post -contract review mechanisms to ensure that all benefits owed to Coachman
Park are captured and that the organization is meeting its obligations under these contracts. Superlative
is a strong advocate of audits, especially when payments are performance based.
13-
ACTIVATION AND AUDIT (TERM OF AGREEMENT)
After delivery of a campaign agreement, the project team will assist Coachman Park in the activation
and compliance of each aspect of that agreement. Specifically, Superlative will:
Finalize agreement terms and conditions;
Assist Coachman Park with the first year of activation of each Naming Rights and/or
sponsorship;
Assist in the development of payment schedules and compliance issues; and
Provide other services as requested by Coachman Park.
PROGRESS REPORTS
Superlative understands that effective communication with the client is a critical part of successful
project delivery. As part of our standard reporting procedure, we use template reports to provide sales
updates:
Following all meetings with target companies regarding any Naming Rights, corporate
sponsorship or revenue -potential opportunity;
On a monthly basis, to provide Coachman Park an update on activity during the period.
We discuss these periodic sales update reports on a scheduled conference call.
Reports are prepared in a template and serve as a record of discussion during sales meetings and log the
following project details. Generally, our progress reports include the following information:
Project timescales and sale priorities
Status of progress of deliverables in Scope of Services
Status of all activities, events and efforts
Summary of meetings and presentations
Summary of activity regarding market interest and feedback
Summary of communications with potential partners
Any deviations from project deliverables or schedule
Plan of activities for next 30 days
The Superlative Group will agree to the format with Coachman Park's project team as part ofour project
initiation process.
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PROJECT TIMELINES
Superlative understands that every client situation in unique, and our sales and marketing process allows
for flexibility and customization depending on Coachman Park's specific needs. For our engagement,
Superlative will complete the following steps:
PHASE I VALUATION (3-4 months, immediately following contract execution)
WEEKS 1— 4
KICKOFF MEETING AND SITE VISITS. Site visits are undertaken as soon as
possible to view the assets being valued and kick-start the asset research process. Our
valuation team will compile a digital inventory of images and renderings that will be
referenced during the valuation process and used in development of promotional
materials for the sales implementation process.
Concurrent with our site visit, Superlative requests a kickoff meeting at Coachman
Park's offices to introduce our team in person, identify project leads and go over
timelines and responsibilities.
GATHERING OF PRELIMINARY INFORMATION. Upon appointment as sales
agents on any new engagement, The Superlative Group carries out initial research to
review relevant documentation such as strategic plans, design briefs and project
renderings to gain an in-depth knowledge of the project and make an accelerated start
on our asset identification process.
Upon completion of our site visit, Superlative will send Coachman Park staff a detailed
Information Request that identifies the key pieces of information that we would like to
review as part of our valuation process and present our initial thoughts on the structure
ofthe final report. We will schedule a follow-up call to answer any questions pertaining
to our request to facilitate and expedite the information gathering process.
WEEKS 5 — 8
RECEIPT AND REVIEW OF INITIAL INFORMATION. Superlative allows 2-3
weeks for receipt of the bulk of information requested of Coachman Park, although this
process will likely continue until the report is finalized, and potentially, throughout the
strategic sales process as Superlative obtains interest from potential partners. In most
cases, Superlative secures most of what it needs to begin building Coachman Park's
asset database by Week 6.
DEVELOPMENT OF ASSET DATABASE. Concurrently, Superlative's valuation
specialists begin compiling Coachman Park's assets and determining their quantitative
value based on local, regional and national media rates.
15-
QUALITATIVE ASSESSMENT OF NAMING RIGHTS & SPONSORSHIP
ASSET VALUE. Our valuation team conducts original research to ascertain the
intangible value of Coachman Park's Naming Rights and sponsorship opportunities
when compared to other, similar properties, using annual reports, press releases and
other relevant information provided by Coachman Park as well as Superlative's
proprietary database of Naming Rights and sponsorship contracts.
WEEKS 9 —12
CONTRACT REVIEW. Once Superlative has determined the Naming Rights and
sponsorship value for Coachman Park assets, packages are compared to the existing
Coachman Park Naming Rights and sponsorship agreements. A database of potential
challenges and limitations that could potentially impact revenue generation is created,
from both external (e.g., signage restrictions) and internal (e.g., category restrictions
like tobacco or alcohol) processes.
INDUSTRY BENCHMARKING AND PROSPECT IDENTIFICATION. Drawing
upon its proprietary database, Superlative builds a list of comparable Naming Rights
and sponsorship contracts relevant to each Coachman Park opportunity. This list is also
used to identify target partner entities along with input from the Superlative sales team.
EXECUTIVE REVIEW. Superlative conducts an extensive internal review process
where senior leadership has an opportunity to weigh in on potential contract value and
overall program revenue potential, lending insight critical insight to the project and
ensuring that all potential revenue is accounted for.
DELIVERY OF DRAFT PHASE I REPORT. Superlative allows 1-2 weeks for
review by Coachman Park staff, followed by a conference call with Superlative's
valuation experts to walk through our findings together. Subsequently, any feedback is
incorporated and the document is finalized.
OPTIONAL PHASE II SALES (12 months, recommended minimum)
DEVELOPMENT OF SALES MATERIALS. Superlative's design team will begin
developing presentations, one -sheets and other sales materials using information
obtained through the Phase I Valuation process, including audience demographics,
proposed sponsorship value and images obtained through site visits and Coachman
Park.
PIPELINE DEVELOPMENT. Superlative's sales executives will work with
Coachman Park personnel to develop a database of sponsor contacts, to be reviewed
and agreed upon by Coachman Park staff prior to Superlative making its first call.
MONTHLY REPORTING. Superlative's sales executives will coordinate a regular
conference call with Coachman Park leadership to provide regular updates on progress
made to date. Additional calls may be requested on an ad hoc basis as sponsor interest
and pitch meetings are secured. Superlative will provide an updated sales report
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Coachman Park's review prior to the call.
NEGOTIATE AND COMPLETE NAMING RIGHTS & SPONSORSHIP
AGREEMENTS. As noted above, Superlative's valuation process determines not only
the fair market value of each opportunity, but also the range of contract value obtained
by similar organizations from corporate sponsors. With Coachman Park's approval,
Superlative will open negotiations at the ceiling of this range, or higher, and secure
partnerships within the parameters of contract value provided, beginning with
Coachman Park's most valuable assets first.
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EXHIBIT B
INSURANCE REQUIREMENTS. SUPERLATIVE 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 ofA -VII or
better. In addition, the City has the right to review SUPERLATIVE'S deductible or self-insured
retention and to require that it be reduced or eliminated.
Specifically, SUPERLATIVE 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. Specific work may
require additional coverage on a case by case basis:
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. Statutory Workers' Compensation Insurance coverage in accordance with the laws of
the State of Ohio, and Employer's Liability Insurance in the minimum amount of
100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one
hundred thousand dollars) each employee by disease and $500,000 (five hundred
thousand dollars) aggregate by disease with benefits afforded under the laws of the State
of Ohio. Coverage should include Voluntary Compensation. Coverage must be applicable
to employees, contractors, subcontractors, and volunteers, if any.
d. If SUPERLATIVE is using its own property, or the property of the City or other
provider, in connection with the performance of its obligations under this Agreement,
then SUPERLATIVE'S Equipment Insurance or Property Insurance on an "All
Risks" basis with replacement cost coverage for property and equipment in the care,
custody and control of others is required.
e. Professional Liability Insurance coverage appropriate for the type of business engaged
in by SUPERLATIVE with minimum limits of $1,000,000 (one 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 prior
policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond
the policy year either by a supplemental extended reporting period (ERP) of as great a
duration as available, and with no less coverage and with reinstated aggregate limits, or
18-
by requiring that any new policy provide a retroactive date no later than the inception
date of claims made coverage.
The above insurance limits may be achieved by a combination ofprimary 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,
SUPERLATIVE 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." In addition, when requested in writing from the City,
SUPERLATIVE 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
P.O. Box 4748
Clearwater, FL 33758-4748
b. SUPERLATIVE shall provide thirty (30) days written notice of any cancellation, non-
renewal, termination, material change or reduction in coverage.
c. SUPERLATIVE'S insurance as outlined above shall be primary and non-contributory
coverage for SUPERLATIVE'S negligence.
d. SUPERLATIVE reserves the right to appoint legal counsel to provide for
SUPERLATIVE'S defense, for any and all claims that may arise related to Agreement, or
work performed under this Agreement. SUPERLATIVE agrees that the City shall not be
liable to reimburse SUPERLATIVE for any legal fees or costs as a result of
SUPERLATIVE 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 failure to request evidence of this insurance shall not be
construed as a waiver of SUPERLATIVE'S obligation to provide the insurance coverage
specified.
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EXHIBIT C
MAP OF COACHMAN PARK
20-
LOCATION
MAP
111,
a ° °° Prepared
by:
lir
Engineering
Department
Geographic
Technology
Division
100
S.
Myrtle
Ave,
Clearwater,
FL
33756
Ph: )
727)
5624750,
Fax: (
727)
5264755
www.
MyClearweer.
com
Exhibit
C
Coachman
Park
Map
IN
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Map
Gen
By:
CRM
Reviewed
By:
JH
Date:
2/
1812022
Page
1
of
1
Scale:
N.
T.
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Document
Path:
C:\
Users\
Chrstopher.
Melone\
City
of
ClearwatenEngineenng
Geographic
Technology-
Documents\
GIS\
Engineering\
Location
Maps\
CoachmanPark_
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FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CLEARWATER, FLORIDA & THE SUPERLATIVE
GROUP, INC.
This First Amendment (the "First Amendment") to the Professional Services Agreement (the
Agreement") between The City of Clearwater, Florida (the "Client") and the Superlative Group,
Inc. ("Superlative") is dated effective as of February 2, 2023 and is entered into by and between
Superlative and the Client.
RECITALS
WHEREAS, the Client and Superlative entered into the Agreement on March 7, 2022;
WHEREAS, the Client and Ruth Eckerd Hall entered into a Venue License Agreement (the
Venue License Agreement"), dated December 21, 2022, to be incorporated into to the Agreement
as Exhibit D;
WHEREAS, the Client and Superlative now desire to amend the terms of the Agreement as set
forth below;
NOW, THEREFORE, the Client and Superlative hereby agree as follows:
1. Notice to Proceed to Phase II Sales Services. This First Amendment shall function as the
Client providing Superlative with its written notice to proceed into Phase II sales services, in
accordance with Section 6 of the Agreement; therefore, the Phase II Term shall commence
upon the effective date of this First Amendment.
2. Revision to introductory paragraph. The first sentence of the introductory paragraph of the
Agreement shall be amended as follows:
The phrase "... the Client's marketable assets, including, without limitation,
Coachman Park (the `Assets')" is hereby amended to read, "...Coachman Park, and
the Client's marketable assets located at and within Coachman Park (the `Assets')."
3. Services. Section 1 of the Agreement shall be amended as follows:
a. In the first sentence, the phrase "... with respect to the valuation and sale of
sponsorship, naming rights, presenting sponsor, official sponsor, category
partnership, pouring rights, advertising, hospitality, or any other rights, benefits, or
recognition, in whole or in part, in connection with the Assets...." is hereby
amended to read, "... with respect to the valuation and sale of naming rights,
advertising, hospitality, and other sponsorships and sponsorship benefits and
recognition, in whole or in part, associated with any or all of the physical Assets,
as well as pouring rights for both alcoholic and non-alcoholic beverages in
connection with the Assets ...."
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b. In the second sentence, the phrase "The scope of Services is further described in
Exhibit A, which is attached to and incorporated as part of this Agreement by
reference," is hereby amended to read, "The scope of Services is further described
in Exhibit A, and is expressly limited by and subordinate to any sponsorship rights
conveyed by the Client to its venue operator, Ruth Eckerd Hall, said rights being
memorialized in Exhibit D, both exhibits being attached to and incorporated into
this Agreement by reference."
4. Consideration. Section 5.1(b) ofthe Agreement shall be replaced as follows:
b) Phase II Naming Rights and Sponsorship Sales Services.
i. Seven Thousand Five Hundred USD ($7,500) per month for the Phase II
Term ("Retainer") to be payable within the first five (5) days of each month
immediately following Superlative's receipt of the notice to proceed as
outlined in Section 6 below; and
ii. Fifteen Percent (15%) commission on Sponsorship Income received from
any and all Sponsors that are not Identified Entities (defined below); and
iii. Seven and One -Half Percent (7.5%) on Sponsorship Income received from
a mutually agreed upon list of Sponsors with which the Client has a
preexisting relationship and to whom Client makes an introduction to
Superlative for purposes of securing a Sponsorship Agreement ("Identified
Entities"); provided however, that the number of Identified Entities shall
not exceed three (3) unless otherwise mutually agreed upon by the Parties.
Option 1i)
ii) Option 2
1 -
5. Sponsorship Income. Section 7.1 of the Agreement shall be amended as follows:
2-
a. In the first sentence, the phrase "... as consideration for the right to receive any
sponsorship, naming rights, presenting sponsor, official sponsor, category
partnership, pouring rights, advertising, hospitality, or any other rights, benefits, or
recognition, in whole or in part, in connection with the Client and the Assets..." is
hereby amended to read, "... as consideration for the right to receive any
sponsorship, naming rights, pouring rights, advertising, hospitality, or any other
rights, benefits, or recognition, in whole or in part, in connection with the Client
and the Assets, ..."
b. The following shall be added to Section 7 of the Agreement as Section 7.3:
i. "7.3 Sponsorship Income shall not include any consideration received by
Ruth Eckerd Hall pursuant to a sponsor or hospitality arrangement entered
into by Ruth Eckerd Hall when Ruth Eckerd Hall enters into said
arrangement consistent with the provisions of Exhibit D."
6. Exclusivity. Section 9 of the Agreement shall be amended as follows:
a. The phrase, "... value and sell sponsorship, naming rights, presenting sponsor,
official sponsor, category partnership, pouring rights, advertising, hospitality, or
any other rights, benefits, or recognition, in whole or in part, in connection with the
Assets...." is hereby amended to read, "... value and sell sponsorship, naming
rights, pouring rights (for both alcoholic and non-alcoholic beverages) , advertising,
hospitality, and any other rights, benefits, or recognition, in whole or in part, in
connection with the Assets, except to the extent that any such rights or similar rights
have been conveyed by the Client to Ruth Eckerd Hall as set forth in Exhibit D,...."
7. Except as provided in this First Amendment, all terms used in this First Amendment that are
not otherwise defined shall have the respective meanings ascribed to such terms in the
Agreement.
8. This First Amendment embodies the entire agreement between Superlative and the Client with
respect to the First Amendment ofthe Agreement. In the event of any conflict or inconsistency
between the provisions of the Agreement and this First Amendment, the provisions ofthis First
Amendment shall control and govern. In the event of a conflict or inconsistency between the
provisions of this First Amendment and the Venue License Agreement, the Venue License
Agreement shall control and govern.
9. Except as specifically modified and amended in this First Amendment, all of the terms,
provisions, requirements and specifications contained in the Agreement remain in full force
and effect.
IN WITNESS WHEREOF, the Client and Superlative have executed and delivered this First
Amendment.
3-
The Superlative Group, Inc.
By
D 01/26/2023
yle Canter
Chief Operating Officer
2843 Franklin Blvd.
Cleveland, OH 44113
Countersigned:
Frank Hibbard
Mayor
CITY OF CLEARWATER
Approv .. as to form:
David Margolis
City Attorney
Jenn Poirrier
Interim City Manager
Attest:
4-
EXHIBIT D
Venue License Agreement
5-
VENUE LICENSE AGREEMENT
This Venue License Agreement (this "Agreement") is between the City of Clearwater, Florida, a municipal corporation ofthe State ofFlorida (the "City") and Ruth Eckerd Hall, Inc., a Florida not-for-profit corporation ("Licensee" and collectively with the City, the "Parties").
BACKGROUND
The City is the owner of Coachman Park, located at 301 Drew Street in downtownClearwater, which the City is redeveloping to include a garden, playground, greenspace, andgatewayplaza, a4,000 seat covered, waterfront amphitheater venue with additional lawn seatingforapproximately5,000 guests (the entirety ofthe Coachman Park complex, p ex, surrounding realestate, parking areas. and improvements, the "Park"). The amphitheater, including coveredseats, stage, backstage, dressing rooms, lawn seating area, restrooms, and vendor areas, whichareasaredescribedanddepictedonattachedExhibitA, but excluding those areas outside theblueandredfenceperimeterdepictedonExhibitA, shall bereferred to in this Agreement as theVenue." Licensee has the necessary experience in the business of providing entertainmentmanagementservicesofapublicvenue. The City desires to license the Venue to the LicenseeandengageLicenseetoprovidequalityvenuemanagementservicesforconcertsandotherevents, including booking and scheduling services, production, marketing services, ticketingservicesandfoodandbeverageservicesfortheexpresspurposeofenhancingthepublicuseandenjoymentoftheVenue.
NOW THEREFORE, in consideration of the mutual promise and covenants containedherein, and for other good and valuable consideration, the receipt and sufficiency ofwhich isherebyacknowledgedthepartiesagreeasfollows:
Article I License of Venue
1.1 License. The City hereby grants to Licensee a license (the "License"), for the. purposes set forth in this Agreement, to enter upon, use, occupy and exercise complete andexclusivecontroloftheVenuetouseallrightsofaccesstotheVenue, and to utilize all City Assetsforeachevent "City Assets" means the Venue and any furniture, fixtures, equipment, or assetssuppliedbytheCity, including, but not limited to stage, temporary stage, floor, soundlightingsystem, stage rigging, dressing area, stage equipment, communications and information systems
pm barricade, seating, ding, y equipment, and all appurtenant items owned bythe CityandlocatedattheVenue. Notwithstanding the foregoing, the parties agree as follows; (a) at alltimestheCityremainstheowneroftheCityAssets; and (b) no realpropertyLicenseeunderthisAgreement, Notwithstanding
anythingp
ginterest is conveyed
in this Agreement to the contrary, the Licensee may perform maintenance and cleaning services at the Venue and on any City Assets, and any maintenance, improvements, or replacements to any City Assets shall be reimbursed bytheCityuponrequestbytheLicensee.
Article II. Appointment of Licensee and Duties
2.1 Engagement of Licensee. The City hereby engages the Licensee and authorizes ittotakesole, entire, exclusive charge of operating the Venue, and City hereby agrees that it will
Venue License Agreement
Page i l
not engage or assign any rights to another entity for the operation ofthe Venue, in whole or inpart, including but not limiting to operating and programming activities during the Term. The Licenseeherebyacceptstheengagementandauthorizationandagreestouseitsreasonable, good faitheffortsinlightofmarketconditionsandattendancepatternstosecure, devise and promote liveentertainmentandspecialeventsappropriatetotheoperationoftheVenue (such events, and anyothereventsexcludingCityEvents, the "Licensee Events"). Licensee will have sole administrativeandoperationalcontroloveralleventsandactivitiesconductedattheVenue, and sole artisticcontroloverLicenseeEvents. In addition to Licensee's own presentations, Licensee is responsibleforenteringintoagreementswiththirdpartiestousethefacilityandprovidingforalloperationalservicespartiesusingthefacility, including the City. Events shall be produced and promoted inaccordancewithstandardpracticesacceptableandcommontotheindustry. Further, completionofconstructionoftheVenueandturnovertotheLicenseeshallbeaconditionprecedenttotheeffectivenessofanyLicenseeobligationshereunder.
2.2 Duties of Licensee. Licensee, at Licensee's cost, shall take such actions andperformsuchdutiesasLicenseedeemsnecessaryanddesirableforthemanagementandoperationoftheVenue, including, but not limited to the following:
a) Brand Development Licensee, at its own expense will engage a marketingfirmtofacilitatebrandingandpositioningoftheVenue. Deliverables include development ofVenuename, logo, style guide, promotion plan and media campaign, uponbyCityandLicenseeintheirreasonablediscretion. Licensee is responsible for selection
agreed
firm, determination ofservices and expense ofsuch services. Ownership ofany deliverables will transfertotheCityattheendoftherenewalterm.
b) Marketing. The Licensee is responsible for advertising, marketing andpromotionoftheLicensee's presentations at the Venue. Marketing services for events arenegotiatedbetweentheeventorganizerandLicensee, in Licensee's sole discreti. Licensee willcoordinatewiththeCityoninclusionofVenueactivitiesintheCity's
common
andpromotionalefforts, except when closed to the public or prohibited by the event organizer. Licensee reserves the right to promote its management ofthe Venue and events on the Limo'swebsite, media channels, collateral and other public commuiiicetions for the purposes ofinstitutionaladvertising, promotion, ticket sales andevent services.
c) Employment 0!Personnel. During the Term, the Licensee shall, at its solecostandexpense, select, train, schedule, and employ at the Venue such number ofemployees, asitdeemsnecessaryorappropriatetosatisfyitsresponsibilitieshereunder. Such employees shallnotbedeemedtobeemployeesoftheCity. The employees shall be subjectto thesole direction oftheLicensee, who shall have authority to hire, terminate, discipline and discharge any and allpersonnelworkingfortheLicenseeattheVenue.
d) EventBookings andRentals. Licensee shall be solely responsible for Venuecalendar, scheduling, and event bookings, Licensee shall develop and maintain all schedules foreventsheldattheVenue, but the Licensee must produce a minimum of thirty-five (35) events peryear, beginning in calendar year 2024, with no maximum. Each day of a performance hosted orarrangedbytheLicenseeshallcountasan "event" for purposes of this subsection. City Events
Venue License Agreement
Page I;2
shall not count toward the minimum number of events. The Parties understand and agree thatLicenseeshallbeempoweredtonegotiateallagreementsandsetfeeschedulesinamannerdeemedbyLicenseetobeappropriate.
e) Property Securityfor Events. During preparation, occurrence, and clean- up/tear down ofany concert or live event at the Venue, Licensee may reasonably restrict access totheVenuetopatronsandotherpersonsauthorizedbyLicensee. Licensee shall be responsible forhiringandsupervisingon-site security and public safety personnel for the Venue during eventsOnsiteSecurity"). To the extent that City police, fire, andfor emergency medical personnel arerequired, the City Manager shall notify the Licensee of the staffing level required for each event
within thirty (30) days ofthe Licensee providing actual notice to the City Managerofthe upcomingevent. With respect to rates, the rate paid to the shall be the City'sminimum "extra duty" or "off- duty" rate established in the City's collective bargaining agreements, ifapplicable; if a collectivebargainingagreementissilentastorate, the rate shall be determined by the City Manager andcommunicatedtotheLicenseeatthesametimeasthestaffinglevel. The City and Licensee agreethatstaffinglevelswillvarybasedonexpectedattendanceandactivity, but the parties do notintendforCityrequirementstoexceedcustomarylevelsorcostforvenuesofsimilarcapacity. The. Licensee is strictly prohibited from holding any event at the Venue without first requesting asecurityreviewbytheCityManagerorinviolationoftheCityManager's security determination.
f) Cleanft,for Events. The Licensee shall be responsible for providing andsupervisingallcleaningservicestotheVenue, exceptas otherwise provided in this Agreement,
g) Food and Beverage Services. Licensee shall have the exclusive; right tooperateorcontractfortheoperationoffoodandnon-alcoholic beverage services, suite services (ifany), concession services, vending services and the service and sale of alcoholic beverages, at allareasoftheVenue. However, the Licensee shall be prohibited from serving alcoholic beveragesthatcompetewiththeVenueSponsor's beverage products. Licensee shall comply with andobserveallfederal, state, and local laws, ordinances, and regulations as to sanitation, serving hoursofalcohol, and the purity offood and beverages or otherwise relating to its operations. Any andallprofitorlossderivedbysaidfoodandbeverageserviceswillbepropertyofLicenseeforanyevents.
h) Operational Services. Licensee shall direct all services required to stageset-up and tear -down) the Venue for each event including, without limitation, services involvingthestagearea, event floor, sound system, lighting system, stage rigging, dressing area, stageequipment, loading in and loading out. Licensee shall hire and manage all management staffticketsalespersonnel, ushers, and other personnel required for the operation of the Venueincluding; but not limited to, ticket -taking, novelty sales, program distribution and assistance topatrons. Any expenses related to such services shall be borne by the Licensee with respect to anyLicenseeEvents, except to the extent the Licensee determines to charge third parties for suchexpenses. Costs for such services will be borne by the City with respect to City Events as providedinLicensee's standard usage policy, which will apply to such City Events.
i) Negotiate with Third Parties. Licensee may exclusively negotiate, execute, deliver and administer any and all licenses, occupancy agreements, rental agreements,
VenueLicense Agreement Page 1 3
booking commitments, catering and concession agreements, decorating agreements, supplier
agreements, service contracts and all other contracts and agreements in connection with the
entertainment management, promotion and production at the Venue, all in a manner deemed bytheLicenseetobeappropriate.
j) Parking Facility at the Venue. On days on which the Licensee is holding
or managing an event, and on any single day preceding the day on which the Licensee will hold
or manage an event, the Licensee shall staff and control the parking lot on the north side of theVenueanddepictedonExhibitA (the "Venue Parking Lot"), and the City shall permit use by
patrons of the Venue and by the Licensee. During all other days and times, the Venue ParkingLotshallbecontrolledbytheCity, and neitherthe Licensee nor the Licensee's patrons shall have
any right of access unless expressly granted by the City. The City shall, in the exercise of
reasonable discretion, design and erect signage or other markers reasonably appropriate to
facilitate the enforcement ofthis subsection.
k) Pedestrian Safety and Traffic Control. Licensee will pay for public safety
personnel needed on-site at the Venue for the safety of pedestrians entering and utilizing theVenue. Licensee will work in good faith with City to maximize opportunities to alleviate
congestion through imcentivizing patronsto arrive early, communicating best routes and parking
options, and encouraging alternative transportation such as ride share, Jolley Trolley, water taxi,
etc.
1) Compliance with Laws. In the operation of the Venue, the Licensee shall
materially comply with all laws, ordinances, and regulations applicable to it with respect to
operation ofthe Venue, including noise ordinances, as amended from time to time.
m) Program Sponsorships. Licensee shall negotiate, administer, and execute
in the Licensee's name, all Program Sponsorships and shall be responsible for all expenses
associated with securing and servicing such Program Sponsorships. For purposes of this
Agreement, "Program Sponsorships" means individual gifts, foundation grants, public grants, or
other program: related and event -related donations forLicensee. Events including but not kited
to individual events, presentations, educational programs, community events (provided that they
do not constitute City Events), and event series, The Licensee shall notify the City Manager at
least thirty (30) days priorto agreeing or committing a Program Sponsorship to any corporate or
business entity thathas not previously been reviewed by the City Manager. The City Manager
shall, in the exercise ofreasonable discretion, review the proposed Program Sponsorship for two
purposes: first, to determine whether the proposed Program Sponsor competes with any Venue
Sponsor with whom the City has an existing partnership or with whom the City is presently
negotiating; and second, to determine whether the proposed Program Sponsorship qualifies as
governmental speech, and if so, whether the message associated with or from that Program
Sponsor is incompatible with the values or message the City desires to convey at its Venue. The
Licensee may, at its sole option, make this notification informally by telephone call to the CityManagerinlieuofwrittenorelectroniccorrespondence. If the City Manager finds that either
conflict exists, (s)he will veto the Proposed Sponsorshipby notifyingthe Licensee within ten (10)
days. The Licensee will decline to enter into any Program Sponsorship so vetoed. If the City
Venue License Agreement Page j 4
Manager fails to respond or expressly veto the Proposed Sponsorship within ten (10) days, the
Licensee may proceed with the Program Sponsorship, in the Licensee's sole discretion.
n) Ticketing and Customer Information. Licensee shall implement ticketing
system of its choice that will serve as the exclusive ticketing system of Venue. Licensee is
responsible for all revenues and expenses associated with ticketing system. Tickets will be
available for sale through the Licensee's regular sales channels and on-site onthe day ofan event.
Licensee may at its own discretion provide a temporary ticket booth and/or kiosks, at the Venue.
Licensee shall determine service fees and any other ticket surcharges it wishes to and, except as
otherwise set forth herein, all income and expense derived from such tickets and fees are property
of Licensee. Event organizers may contract ticketing services according to Licensee's fee
schedule. For ticketed City Events, set-up fees will be waivedwith charges limited to labor and
credit card fees. Licensee is responsible and has sole custodyof customer information including
but not limited to transactional history, phone numbers, email, and mailing addresses, in material
compliance with the Licensee's privacy policy and applicable law.
o) Maintenance. Licensee shall be responsible for maintenance of all assets
owned by the Licensee and shall keep such assets in good repair, normal wear and tear excepted,
and shall report any known issues related to the Venue or any other City Assets. Licensee shall,
in consultation with the City, conduct periodic risk management inspections: 'land to the extent
that any maintenance or repairs are performed on the City Assets, for or on behalf of the City,
such maintenance or repairs shall be performed in a good and workmanlike manner and in
material compliance with applicable laws. Any repairs made to City Assets for and on behalf of
the City, shall be reimbursed within thirty (30) days ofwritten request to the City.
p) Rules. Licensee shall establish and enforce, in its sole discretion, rules to
ensure health, safety, welfare and decorum in the use of the Venue consistent with industry
standards.
q) Licensee Asset. The Licensee shall provide assets of the classes set forth
on Exhibit B, and may provide certain other assets it deems necessary or convenient in the
operation ofthe Venue (the "Licensee Assets").
r) Venue Management. Licensee retains exclusive use of the Venue and
Licensee Assets and therefore, shall exclusively provide anyfood and beverage, operational, and
ticketing services, for all events, including City Events, unless otherwise agreed by the Parties.
s) Sustainability measures. The Licensee shall, in consultation with the
City's sustainability coordinator or other designated City employee, and in the exercise of
reasonable discretion, develop a sustainability plan to ensure that the Venue utilizes sustainable
and environmentally friendly practices. The Licensee shall report its sustainability plan to the
City Council at a public meeting within ninety (90) days ofthe effective date of this agreement.
VenueLicense Agreement Page 5
Article III. Responsibilities of City; City Events
3.1 InitialConstruction ofVenue. City shall be responsible, at its sole costand expense,
for the designing, planning, permitting, and construction of the Park, and specifically the Venue
and related improvements, which activities shall be conducted in good and workmanlike manner.
The City shall make good faith efforts to ensure that the initial construction of the Venue takes
place in a timely manner in order to ensure the ability of the Licensee to take possession with
sufficient time to install Licensee Assets prior to such date as provided in Section 32, below, and
conduct its first major concert, the date of which will be determined in good faith between the
Licensee and the City.
32 Pre -Opening Access. City shall provide adequate time for Licensee to install
Licensee Assets: Licensee will provide City with an installation timeframe by April 1, 2023, and
shall provide temporary access for installation of Licensee Assets on a date mutually agreed by
the parties, provided that such date shall be no later than June 10, 2023. It is understood that the
City is responsible for content and cost of a grand opening event, scheduled for July 4, 2023. In
keeping with Licensee's exclusivity with respect to the Venue, the City shall use Licensee for
support services for the grand opening event, including but not limited to stage operations,
concessions, and other operational services. The City shall reimburse the Licensee for any labor,
supply, and other out-of-pocket costs and expenses incurred by the Licensee in supporting the
grand opening event.
33 ,Securing the Venue. The City shall take all reasonable and necessary actions to
secure the Venue, and all portions thereof including all restrooms, the stage, and the covered
seating area, when not in use for events or preparation therefor. Such actions shalt include, butnot
be limited to, locking doors, fencing, and otherwise restricting access to the public as necessary
and/or reasonably requested by the Licensee to ensure the physical security ofall City Assets and
Licensee Assets atthe Venue.
3.4 ,Payments to Licensee. City covenants and agrees that it shall provide to Licensee
such sums as it is required to pay to Licensee as required under Sections 3.5 and 3.11 of this
agreement,
3.5 Venue Sponsorships and Associated Benefits. The City shall negotiate, administer,
and execute in the City's name, all Venue Sponsorships and Park Sponsorships. For purposes of
this Agreement, "Venue Sponsorships" means sponsorships for naming rights for the Venue and
any portion thereof, including suites, sections, concession areas, etc., pouring rights, and any other
sponsorship associated with the physical Venue and fixed infrastructure to the extent owned by
the City. The City shall engage a professional third -party sponsorship marketing entity to source
such Venue Sponsorships and Park Sponsorships with proceeds remitted to the City. The City and
any sponsors shall work in good faith with the Licensee in the negotiation, administration and
execution of any Venue Sponsorships or Park Sponsorships. The benefits available to the Venue
Sponsor, and compensation owed to the Licensee, shall be governed by the following terms:
Venue License Agreement Page 16
a) The Venue Sponsor shall receive ten (10) tickets to each Licensee event, for
the Venue Sponsor's sole use. These ten (10) tickets shall be located in the front section or highest
price section of Venue seating, as determined by the Licensee in the exercise of reasonable
discretion.
b) In return for providing these tickets to the Venue Sponsor, the Licensee shall
be compensated in an amount equaling the base printed value of each ticket, prior to or without
considering or adding any surcharges, donations, or fees.
c) In addition, each of these ten (10) tickets shall guarantee access at each
event to the Premium Area located adjacent to the stage, and depicted on Exhibit "D" of this
agreement, unless the Licensee has rented the Premium Area for the exclusive use by one party or
one legal entity. Each time the Licensee rents the Premium Area forthe exclusive use by one partyoronelegalentityforaparticularevent, the Licensee shall promptly notify the City and the VenueSponsor.
d) lithe Venue Sponsor or Park Sponsor requests food and beverage or other
services, the Licensee shall use best efforts to accommodate the request. To the extent that the
request is accommodated, the Licensee shall be compensated at commercially reasonable rates.
e) As to all compensation owed to the Licensee under this Section 3.5, the City
will either, depending onits contractual relationship with its sponsor, compensate the Licensee or
require the sponsor to compensate the Licensee. In either circumstance, the Licensee shall be
compensated within sixty (60) days of providing a detailed invoice with pricing that aligns with
the provisions ofthis Section 3.5.
f) Subject to ticket availability, the Licensee shall afford the Venue Sponsor
an opportunity to purchase additional tickets, beyond the ten (10) tickets described in this section.
The timing of this opportunity shall coincide with a pre -sale period determined by the Licensee,
in the exercise of reasonable discretion. Any additional tickets purchased by the Venue Sponsor
pursuant to this provision shall be paid by the Venue Sponsor at full retail price, inching any
fees, surcharges, and taxes thatwould normally be assessed to any other retail purchaser.
3.6 Pedestrian Safety and Traffic Control. The City shall be responsible for anypersonneldeemednecessaryforpedestriansafetyandtrafficcontrolintheareassurroundingtheVenue, including Coachman Park and downtown Clearwater.
3.7 Parking. City will permit the Licensee to use and manage the Venue Parking Lot
and traffic accessing the backstage area at any time on a day in which an event being operated or
managed by the Licensee is being held at the Venue, along with the day immediately precedingthedayoftheevent. In acknowledgment of contractual obligations with tours and certain artists,
the City will allow Licensee to reserve and utilize, free of charge, that portion on the south side of
the west end of Drew Street, between the entrances to the Coachman Park Fishing Pier and the
Waterfront Pier to accommodate, to park, secure, and provide powerto tour buses and designated
vehicles. City agrees to work with Licensee to close certain portions of Drew Street to traffic on
show days, and on other days upon reasonable request of the Licensee for activities in support of
any events. However, any closure of Drew Street's westbound lanes shall be accomplished in a
Venue License Agreement Page 17
way that maintains a vehicle movement lane to accommodate emergency ingress to and egress
from nearby properties.
3.8 City Assets and Maintenance.
a) City shall supply and install all City Assets and any other equipment,
furnishings and expendables required to operate the Venue other than the Licensee Assets;
provided that Licensee may supply or install certain equipment, furnishings, or expendables for
and on behalfofthe City upon the City's request and at the City's sole cost and expense.
b) City shall be responsible for repair, replacement, or alteration of City
Assets, including but not limited to conditions related to equipment or structure failure, change in
code requirements, recalls, fire safety, hurricane and emergency procedures, and conservation.
City shall be responsible for landscape maintenance of the Venue in conjunction with the Park.
City shall also ensure adequate servicesto maintain Coachman Park, more broadly, as a first-class
municipal park.
c) The City shall pay for, perform, direct and supervise any capital equipment
and capital improvement purchases, repairs and maintenance to the extentprovided by the City
and will ensure any, and allsuch repairs and maintenance obligations are performed in a good and
workmanlike manner, in material compliance with applicable laws, and are performed on schedule
and in a manner to ensure that the Venue remains a first-class Venue.
d) The City has the rightto enter all portions of the Venue to conduct
inspections ofits assets, perform its maintenance obligations, or otherwise carryout its rights under
this Agreement; provided, however, that. the City shall provide reasonable advance notice to the
Licensee prior to entry upon the Venue and shall perform itsobligations with minimal interference
with or disruption to. any Licensee Events or the Licensee's work under this Agreement, generally.
3.9 Sianaae. All permanent signage, including wayfmding signage, interior, exterior,
and other permanent signs at the Venue and in Coachman Park shall be provided and maintained
in good condition by the City. Notwithstanding the foregoing, the Cityshall work in collaboration
with and in good faith with the Licensee to design the signage for the Venue.
3.10 Maintenance Fund. The City shall, on or before the Commencement Date,
establish and maintain a separate account from the City's general fund of [$100,000.00],
earmarked specifically and exclusively for the maintenance, repairs and replacement of City
Assets as needed at the Venue. The Maintenance Fund will be replenished by the ticket rebate
discussed in Section 5.1, below.
3.11 City Events. The City shall have the right to use the Venue, or any portion thereof, for governmental purposes hosted by the City or staffed by City personnel, without payment of
any rental or usage fees, on July 4, July 5, and up to ten (10) additional dates per calendar year
during the Term (such events, "City Events"). For any City Event occurring on or before July 1,
2024, the City shall provide at least one hundred and twenty (120) days' notice to the Licensee
prior to scheduling the CityEvent. For any City Event occurring after July 1, 2024, the City shall
VenueLicense Agreement Page 8
provide at least three hundred and sixty-five (365) days' notice prior to scheduling the event. If
the City provides proper notice, the City shall have the rightto schedule the City Event on the
day(s) indicated, unless the Licensee has a letter of agreement arranging a guaranteed
performance, show, or event on that date. For the avoidance of doubt, a temporary "hold" shall
not be considered a letter of agreement or scheduling conflict for purposes ofthis section. Any
unused City Events shall expire atthe end ofeach calendaryear and shall not be subject to rolling
forward to the next calendar year if unused. The City or organizer of the City Event shall use
Licensee for support services, including but not limited to stage operations, concessions, and
otheroperational services; provided, however, thatthe City shall not be obligated to use Licensee
if the City Event does not require a professional event manager, as determined in the reasonable
discretion of the City Manager. The City shall reimburse the Licensee for any hourly labor,
supplies, catering, and other documented out of pocket costs and expenses incurred by the
Licensee in connection with a City Event, such reimbursement without markup or profit, and
which reimbursement shall be dueand payable upon receipt of a reasonably detailed invoice from
Licensee documenting each cost for which reimbursement is sought. The City shall act in good
faith to avoid scheduling a City Event promoted by a person or entity that competes with the.
Licensee, unless agreed by the Licensee thatsuch event would not be a conflict.
3.12 Additional Events. Licensee will reserve the traditional dates for Jazz Holiday
festival on an annual basis, contingent upon mutually agreeable terms between Licensee and the
event organizer. In addition, the Licensee will, use reasonable efforts to work with other third
parties to organize certain community events on mutually agreeable terms. Remuneration and
contracting for Jazz Holiday and these additional events shall be separately negotiated between
the Licensee and the entity hosting the event. Such events may, in the sole discretion ofthe
Licensee, be subject to rental and/or usage fees, and shall not occur without an agreement
acceptable to the Licensee. For the avoidance of doubt, the City shall not be responsible for any
payment to Licensee in support of any such third -party events unless it expressly agrees
otherwise.
Article IV. Term
4.1 Tenn. Unless terminated earlier pursuant to the terms and conditions of this
Agreement, the initial term ofthis Agreement shall begin on the date hereof and shall continue for
a period offive (5) years from the Commencement Date unless earlier terminated pursuant to the
terms ofthis Agreement (the "Initial Term"). Provided that the Licensee is not then in default, the
Agreement will automatically renew for four (4) successive five (5) year periods thereafter (each,
a "Renewal Term," and the Initial Term and all Renewal Terms, collectively, the "Term") unless
written notice ofelection not to renew is given (a) if by the City, no less than twelve (12) months
prior to the expiration of the initial Term or the then -current Renewal. Term, as the casemay be,
or (b) if by the Licensee, no less than six (6) months prior to the expiration of the Initial Tenn or.
the then -current Renewal Term, as the case may be. For purposes hereof, the term
Commencement Date" means the date that the Licensee takespossession and control oftheVenue
following completion ofconstruction, whichthe parties intendto be on or before August 1, 2423.
4.2 Early Termination. This Agreement may be terminated early, consistent with theprovisionslistedbelow.
Venue License Agreement Page 19
a) For Convenience. The City may terminate this Agreement on thirty (30)
days' prior written notice for any reason upon approval of the Clearwater City Council at a duly
constituted City Council meeting. The City shall provide Licensee no less than thirty (30) calendar
days' written notice of the meeting of City Council to determine termination ofthe Agreement.
The Licensee may terminate the Agreement upon six (6) months prior notice to the City for any
reasonor no reason. Notwithstanding anything to the contrary in this Agreement, in the event the
City terminates this Agreement for convenience, the City is prohibited from self -promoting or
entering into a booking agreement, entertainment management agreement, or any like agreement
with an outside company to promote the events booked for the Venue by the Licensee prior to
termination ofthis Agreement.
b) For Cause. The non -defaulting party may terminate the Agreement upon
determination in good faith by the non -defaulting party that there was a material breach ofthe
Agreement that remained uncured following notice and opportunity to cure as provided in the
Terms and Conditions attached hereto as Exhibit C, and the tennination will be deemed effective
immediately, or upon such other date as specified in a notice of termination, provided that
termination shall have been approved by the Clearwater City Council at a duly constituted City
Council meetingfollowing failure to curesuch material breach bythe Licensee, withwritten notice
of such City Council meeting being provided to the Licensee no less than thirty (30) days prior
thereto.
4.3 ;Surrender, Effect of Termination. Upon termination of this Agreement,
permission to use the City Assets, including the Venue, shall be revoked. Thereafter, the Licensee
shall promptly vacate and surrender to the City the Venue and any City Assets contained therein.
In any event, such surrender shall be complete thirty (30) days following effective date of
termination.
a) Licensee Assets. The Licensee shall remove any Licensee Assets it
determines, in its sole discretion, to retain and make any repairs necessitated by such removal
within the period set forth herein. Understanding that Licensee will continue to invest in and
replace assets throughout the Term to maintain a first-class venue, upon termination or non-
renewal, City will purchase Licensee Assets that the Licensee determines to leave at the Venue
for the benefit ofthe City for the Asset Value. Licensee will submit a depreciation schedule of
Licensee Assets to the City annually. The "Asset Value" for Licensee Assets, at separation, shall
be determined as the undepreciated amount of original purchase price set forth on the most recent
depreciation schedule, or iffully depreciated, will be $10.
b) Expenses. Upon termination for any reason, City shall pay Licensee for
any services performed prior to the effective date of such termination, and any costs and
authorized expenses incurred through the effective date of such termination or necessitated by
the termination.
c) Event Cancellations. Upon termination by the City, and inaddition to the
above, the City shall reimburse the Licensee for any Non -Recoverable Event Expenses. For
purposes hereof, "Non -Recoverable Event Expenses" means any costs or expenses incurred by
Venue License Agreement Page j 10
the Licensee as a result of relocating or cancelling a Scheduled Event, including but not limited
to forfeited deposits, penalties, marketing expenditures, and transaction fees. The term
Scheduled Event" means an event scheduled to occur at the Venue during the notice period and
within eighteen (18) months ofthe effective date oftermination for which the Licensee has sold
tickets to patrons or entered into a written or oral agreement for the event.
d) Liquidated Damages. In light ofthe difficulties in estimatingthe damages
for an early termination of the Licensee under this Agreement without appropriate notice, the
City and the Licensee hereby agree that ifthe City terminates the Licensee for convenience with
less than twelve (12) months' prior written notice, then the following liquidated damages shall
apply in addition to the provisions above, which liquidated damages the parties agree are
reasonable and intended as just compensation and not as a penalty or method to secure
performance:
i) Termination with less than six (6) months' notice. If the City
terminates this Agreement with less than six (6) months' notice, thenthe City shall pay the
Licensee an, amount equal to One Million Five Hundred Thousand Dollars
1,500,000.00);
ii) Termination with less than twelve (12) but equal to or morethan six
6) months' notice. Ifthe City terminates thisAgreement with less than twelve (12) months'
notice, but equal to or greater than six (6) months' notice, then the City shall pay the
Licensee an amount equal to One Million Dollars ($1,000,000.00).
Article V, Compensation Matters
5.1 Ticketing: City Rebate. All revenue and/or expense derived from tickets and fees
are property of Licensee; provided, however, that the Licensee shall remit to the City a rebate
with dollar values dependent upon the ticket price, as follows, to be paid to City within thirty (30) days following the end ofeach calendar quarter during which the event actually occurs: (a) for
tickets actually sold with a selling price of more than $10.00, the Licensee shall remit to theCity
a rebate of $5.00 per ticket sold, ofwhich $4.00 shall be paid to the City'sgeneral account, and
1.00 shall be paid to the Maintenance Fund; (b) for tickets actually sold with a selling price of
10.00 or less, the Licensee shall remit to the City a rebate of $2.00 per ticket sold, of which
1.00 shall be paid to the City's general account, and $1.00 shall be paid to the Maintenance
Fund; and (c) for free or complimentary tickets, excluding complimentary tickets provided to the
City, the Licensee shall pay to the City $1.00 per such ticket, the entirety ofwhich shall be paid
to the Maintenance Fund. For clarity, a rebate for a ticket is only payable to the City following
the actual occurrence ofthe event for which the ticket was sold, and notwithstanding anything to
the contrary in this Section 5.1, no rebate whatsoeverwill be assessed or paid on any tickets that
were sold but later refunded or subject to chargeback.
5.2 Profit Sharing. Provided that its operations from the Venue generates at least an
eight percent (8%) profit margin to, the Licensee, the Licensee shall make an annual payment to
the City, no later than one hundred twenty (120) days following the end of the prior calendar
Venue License Agreement Page 1 11
year, (the "Profit Share") equal to twenty-five percent (25%) of the profits in excess of the 8%
profit margin.
5.3 City Ticket Allocation. In consideration for use ofthe Venue, the City will receive
six (6) tickets in the first five (5) rows ofeach event, plus six (6) additional tickets somewhere in
the highest price level for each event, plus twelve (12) additional tickets in a section of the
Licensee's choosing. These twenty-four (24) tickets shall be separate from and in addition to the
tickets described m Section 3.5. Each ticket described in this Section 5.3 shall entitle the
individual holding the ticket to access the Premium Area depicted in Exhibit "D," unless the
Premium Area has been rented by the Licensee for the exclusive use of a single party or legal
entity The City will designate a liaison to the Venue for distribution ofthese tickets. The tickets
shall be distributed by the City, in its sole discretion, in accordance with City policy as amended
from time to time. These tickets are provided to the City in exchange for the City's use of the
Venue, and the City shall not be expected to purchase or separately remunerate the costs
associated with these twenty-four (24) tickets.
5.4 Venue Sponsorships or Park Sponsorships. Any and all revenue and/or expense
derived from any Venue Sponsorships and Park Sponsorships will be property of the City, but
the City shall reimburse orarrange for reimbursement to the Licensee for any expenses incurred
in servicing either of these sponsorships in the manner and to the extent provided in Section 3.5
of this Agreement.
5.5 City Information Rights. The Licensee will provide the Citywith aquarterly report
listing the aggregated number of tickets sold for all events held during the prior calendar quarter
and the number of free tickets provided, and the number of tickets refunded and chargebacks
suffered related to ticket sales during that prior quarter. In addition, the Licensee will meet with
a designee ofthe City on at least an annual basis each January to discuss revenues and expenses
generated from the Venue. At the annual meeting, the Licensee shall allow the City to review
and inspect sufficient financial data from the previous calendar year to confirm the calculations
and project anticipated revenue based on the distribution method contemplated by Sections 5.1and5.2 of this Agreement.
Article VL Insurance
6.1 Survival: Limitations. The obligations of the Parties under Section 6 shall survive
the expiration or termination of this Agreement. Other than as expressly set forth in this.
Agreement, neither Party shall be liable or responsible for any indirect, incidental, punitive or
special damages, whether based upon breach ofcontract or warranty, negligence, strict tort liability
or otherwise, and each Party's liability for damages or losses hereunder shall be strictly limited to
direct damages that are actually incurred by the Party.
6.2 City Insurance Requirements. City shallbe required to maintain, atitscost, property
insurance covering loss or damage to the City Assets, including the Venue, in an amount not less
than the full replacement value thereof, providing protection against all perils included within the
classification of fire, extended coverage, vandalism, malicious mischief, flood (in the event the
Venue is in a flood zone) special extended perils ("all risk", as such term is used in the insurance
Venue License Agreement Page f 12
industry). In addition, the City shall name the Licensee as an additional insured under its excess
commercial general liability insurance policy if the excess carrier allows the City to name the
Licensee as an additional insured solely for the Venue any assets located therein.
6.3 Licensee Insurance Requirements. Licensee shall be required to maintain, at its
cost, the following policies of insurance with the followinglimits, maintained with a carrier having
an AM Best Rating ofA VII or better, with coverage on an occurrence basis or, ifunavailable, on
a claims -made basis with a minimum three (3) year tail following termination or expiration ofthis
Agreement, and naming City as an additional insured on the policies. Copies of the insurance
policies shall be provided to the City within thirty (30) days of the commencement of the Term
and annuallythereafter. The insurance limits set forth below may be achieved by a combination of
primary and umbrella/excess liability policies. Such policies shall provide thirty (30) days' written
notice to the City priorto any cancellation, nonrenewal, termination, material change, or reduction
in coverage, and shall be primary and non-contributory for Licensee's negligence.
a) Commercial General Liability Insurance coverage, including but notlimitedto, premises operations, products/completed operations, products liability, contractual
liability, advertisinginjury, personal injury, death, and property damage in the minimum amount
of One Million Dollars and 00/100 ($1,000,000) per occurrence and Two Million Dollars and
00/100 ($2,000,000) general aggregate.
b) Commercial Automobile Liability Insurance coverage for any owned, non-
owned, hired or borrowed automobile is required in the minimum amount ofOne Million Dollars
and 00/100 ($1,000,000) combined single limit.
c) Professional Liability/Malpractice/Errors or Omissions Insurance
coverage appropriate for the type ofbusiness engaged in by theRespondent with minimum limits
of Two Million Dollars and 00/100 ($2,000,000) 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 Iimits, or by requiring that anynew policy provide a retroactive date no later than the
inception dateof claims made coverage.
d) Crime and Employee Dishonesty Insurance coverage must include fidelityinsuranceforreimbursementtoanemployerforthesetypesofdosses. Third -party fidelity
coverage is also required to cover the acts of an employee against an employer's clients. Please
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.
e) Workers' Compensation Insurance and Employer's Liability Insurance
with Workers' Compensation limits in statutory amount, unless waived by the State of Florida
and proofofwaiver is provided to the City, and Employer's Liability Insurance in the minimum
amount ofFive Hundred Thousand Dollars and 00/100 ($500,000) each employee each accident,
Venue License Agreement Page 1 13
Five Hundred Thousand Dollars and 00/100 ($500,000) each employee by disease, and Five
Hundred Thousand Dollars and 00/100 ($500,000) disease policy limit. Coverage must be
applicable to employees, contractors, subcontractors, and volunteers, if any.
Article VII. Damage or Destruction to Premises
7.1 Partial Damage. If all or a portion of the Venue are partially damaged by fire,
explosion, flooding inundation, floods, the elements, public enemy, acts of terrorism, or other
casualty, but not rendered uninhabitable, the same will be repaired with due diligence by City at
its own cost and expense, subject to the limitations as hereinafter provided; if said damage is
caused by the grossly negligent acts or omissions of the Licensee, its agents, officers, or
employees, the Licensee shall be responsible for reimbursing City for the cost and expense, in
excess ofthe City's insurance coverage, incurred in making such repairs.
7.2 Extensive Damage. Ifthe damages as described above in' Partial Damage" are so
extensive as to render the Venue or a portion thereof uninhabitable, but are capable of being
repaired within a reasonable time not to exceed sixty (60) days, the same shall be repaired with
due diligence by City at its own cost and expense and a negotiated portion ofthe fees and charges
payable hereunder shall abate from the time ofsuch damage until such time as the Venue is fully
restored and ceitifiied as again ready for use; provided, however, that if such damage is caused by
the grossly negligent acts or omissions of the Licensee, its agents, officers, or employees, the
Licensee shall be responsible forthe cost and expenses, in excess ofinsurancecoverage, incurred
in making such repairs.
7.3 Complete Destruction. In the event all or a substantial portion of the VENUE are
completely destroyed by fre, explosion, the elements, public enemy, acts of terrorism, or other
casualty, or are so damaged that they are uninhabitable and cannot be replaced except after more
than sixty (60) days, City shall be under no obligation torepair, replace or reconstruct said Venue,
no payments will be required of either party until such time as the said Venue are fully restored.
Ifwithin three (3) months after the time ofsuch damage ordestruction said Venue have not beenrepairedorreconstructed, the Licensee may terminate this Agreement in its entirety as ofthe date
ofsuch damage or destruction. Notwithstanding the foregoing, ifthe said Venue, or a substantial
portion thereof, are completely destroyed as a result ofthe grossly negligent acts or omissions of
the Licensee, its agents, officers, or employees, City may, in its discretion, require the Licensee
to repair andreconstruct the same within twelve (12) months ofsuch destruction and the Licensee
shall be responsible for reimbursing City for the cost and expenses incurred in making such
repairs.
7.4 Limits of City's Obligation Defined. In the application of the foregoing
provisions, City may, but shall not be obligated to, repair or reconstruct the Venue. If the City
chooses to do so, City's obligation shall also be limited to repair or reconstruction ofthe Venue
to the same extent and of equal quality as obtained by the Licensee atthe commencement of the
Term. All redecoration and replacement of capital investment, including all City Assets shall be
the cost and responsibility ofthe City. The Licensee shall bear the cost of repair and replacement
of any Licensee Assets except to the extent that the damage or destruction is caused by City's
gross negligence or more culpable action or omission.
Venue License Agreement Page 14
Article VIII. Confidentiality
8.1 Confidentiality. The business of conducting and operating an entertainment venue
that offers live entertainment to the public on a contract basis and/or on the rental of the Venue
basis is a complex, multifaceted undertaking. The business itself, including the provision of
services as well as the booking ofentertainment is highly competitive between venues and between
the acts hired to perform. Negotiations are act specific and are affected by the choice of time of
the performance, the competition in markets where multiple venues exist, market conditions
generally, relationships within the industry, etc. Each contract entered into with an act is different.
Each contract negotiated with a service provider can be different than with any other venue. The
Licensee has the responsibility for the negotiation of and the contracting for services, and the
booking ofacts into the Venue. This process includes a high degreeofconfidentiality ifthe Venue
is going to be successful. The means and methods of negotiation and selected terms of service
contracts and booking contracts include information known only to certain employees of the
Licensee, which information is closely guarded by the Licensee. This results in less expense and
greater revenue to the Licensee, is information and know-how developed by the Licensee and its
employees over years of experience and would take significant tune and expense for others to
duplicate. Accordingly, the Licensee shall maintain its trade secrets in the performance ofits duties
hereunder. Licensee shall identify any trade secrets in any communications with the City and shall
communicate those to the City only as required. The parties acknowledge that the City must
comply with the Public Records Law as to any records in the City's possession or control. To the
extent that the City receives a request that may be eligible for protection or redaction as a trade
secret, the Citywill promptly notify Licensee oftherequest. The CityAttorney's Office will confer
with the Licensee or Licensee's legal counsel, but the parties recognize that the City must and will
ultimately determine whether records in its possession are releasable under Florida law.
Article IX. 1Vliscellaneous
9.1 Representations and Warranties.
a) City represents and warrants to the Licensee the following:
i) All required approvals have been obtained, and City has full legal
right, power and authority to enter into and perform its obligations hereunder;
ii) This Agreement has been duly executed and delivered by City and
constitutes avalid and binding obligation ofCity, enforceable in accordance with its terms, except
as such enforceability may be limited by bankruptcy, insolvency, reorganization, or similar laws
affecting creditors' rights generally or by general equitable principles;
iii) The execution and delivery of this Agreement will not violate or
cause a breach (with or without notice or the passage of time) under any agreement, law,
ordinance, or other obligation to which City is bound;
Venue License Agreement Page 115
iv) There is no current, pending, or to the City's knowledge after due
inquiry, threatened, action or proceeding before any court or administrative agency to which it is
a party, questioning the validity of this Agreement, the relationship between the City and the
Licensee, or which appear likely to materially adversely affect the City's performance of its
obligations under this Agreement,
v) City is the owner ofthe Park and the Venue;
vi) City is financially capable to complete the construction of the
Venue and redevelopment of the Park, more generally, and shall proceed with diligence to
completion thereof;
vii) Upon delivery to the Licensee, the Venue shall comply with all
laws, ordinances, orders, rules, regulations and other governmental requirements relating to the
use, occupancy, and condition ofthe Venue for the purposes described herein, including, without
limitation, the Americans with Disabilities Act and the certificate ofoccupancy;
viii) All improvements in the Park, and specifically, the Venue, will be
constructed in a good and workmanlike manner, and said improvements and all other City Assets
are and will be in good working order and condition, free from defects in workmanship and
materials, and fit for the purposes for which they are provided; and
ix) Cityunderstands and acknowledges the following:
1) That the entertainment industry is extremely competitive
and contains substantial risk and volatility;
2) The Licensee is a nonprofit entity that operates other
venues in the area, including but not limited to RuthEckerd Hall and Bilheimer Capitol Theatre,
and provides booking and production services at various locations throughout the Tampa Bay
area; and
3) That performers and entertainers, and not the Licensee,
oftentimes choose or dictate what cities and venues at which they will perform, and that there
may be occasions where it is not economically feasible to schedule a performer into a venue the
size ofthe Venue, and that during a certain season, a performer or entertainer may play at another
venue managed by the Licensee.
b) Licensee represents and warrants to City the following:
i) All required approvals have been obtained, and Licensee has full
legal right, -power and authority to enter into and perform its obligations hereunder,
ii) This Agreement has been duly executed and delivered by Licensee
and constitutes a valid and binding obligation by Licensee, enforceable in accordance with its
Venue License Agreement Page 1 16
terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization or
similar laws affecting creditors' rights generally or by general equitable principles; and
iii) There is no current, pending, or to the Licensee's knowledge after
due inquiry, threatened, action or proceeding before any court or administrative agency to which
it is a party, questioning the validity ofthis Agreement, the relationship between the City andthe
Licensee, or which appear likely to materiallyadversely affect the Licensee's performance ofits
obligations under this Agreement.
9.2Notice. All notices, requests, demands, claims, and other communications hereunder
shall be in writing. Any notice, request, demand, claim or other communication
hereunder shall be deemed duly given when delivered personallyto the recipient on a
business day prior to 5:00 P.M. local time, otherwise on the next business day, faxed
or emailed to the intended recipient on a business day prior to 5:00 P.M. local time,
otherwise on the next business day at the facsimile number or wail address set forth
therefor below (with electronic confirmation ofreceipt and hard copy to follow), or
one business day after being sent to the recipient by reputable express courier service
charges prepaid) and addressed to the intended recipient as set forth below:
With copy to (which shall not constitute
notice):
Ifto City:
CityofClearwater
Parks Department
100 South MyrtleAvenue
Clearwater, Florida 33756
Attention: James Halios
Email: jim,haliosnyclearwater.com
Ifto Licensee:
Ruth Eckerd Hall, Inc.
1111 N. McMullen Booth Road
Clearwater, FL 33759
Attn: Susan Crockett, CEO
Email: s.crockeit@rutheckerdhall.net
City Attorney
600 Cleveland Street
Clearwater, Florida 33755
Attention: David Margolis
Email: david.margolis@myclearwater.com
With copy to (which shall not constitute
notice):
Macfarlane Ferguson & McMullen, P.A.
625 Court Street
Clearwater, Florida 33756
Phone: 727-444-1403
Attention: Brian J. Aungst, Esq.
Email: bja@macfar.com
9.3 Order of Precedence. Inthe event ofany conflict between this Agreementand any
exhibits or other documents entered into in connection herewith, the provisions of this Agreement
shall prevail. In addition, the parties acknowledge that the City intends to enter into a separate
brokerage agreement relating to Venue Sponsorships and pouring rights across theCity, including<
the Park and Venue. The parties intend for this Venue License Agreement to be fully compatible
with any forthcoming agreement between the City and The Superlative Group, Inc. However, in
Venue License Agreement Page ( 17
the event of a latent or patent ambiguity requiring resolution, this Venue License Agreement shall
control.
9.4 Entire Agreement. This Agreement, the exhibits, and any documents executed in
connection with thisAgreement, constitute andexpress the entire agreement ofthe Parties hereto
and no agreements, warranties, representations or covenants not herein expressed shall be binding
upon the parties.
9.5 Captions. Captions appearing before sections and articles in this Agreement have
been inserted solely for the purposes ofconvenience and ready reference. They do not purport to,
and shall not be deemed to, define, limit or extend the scope or intent ofthe section or articles to
which they pertain.
9.6 No Partnership orJoint Venture. Nothing herein contained is intended or shall be
construed in any way to create or establish the relationship ofpartners or ajoint venture between
City and Licensee.
9.7 Good Faith. It is agreed that both Parties shall perforin their respective duties
underthe terms ofthis Agreement in good faith.
9.8 Incorporation of Terms and Conditions. The terms and conditions set forth in
Exhibit C are incorporated into this Agreement.
Venue License Agreement Page 118
IN WITNESS WHE OF, this Agreement has been executed by the Parties and is
effective as ofthe day of 2422.
APPROVED BY CITY THISCDAY OF CITY:
Dean bet ,2022
Countersigned:
THE CITY OF CLEARWATER, FLORIDA,
a municipal corporation ofthe State of Florida
By:
FRANK HIBBARD, Mayor Name:
Title:
Approved as to form Attest:
4/1
DAVID MARGOLIS, City Attorney *{: ROS ALL, as
LICENSEE:
RUTH ECKERD HALL, INC., a Florida not-
for-profit corporation
By
Name: SUSAN CROCKETF
Title: CEO
Venue License Agreement Page 1 19
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Exhibit B
Preliminary Asset List (not finalized) rev 10.1.2022
Capital Inv Qty839,990 STAGE/PRODUCTION EQUIPMENT
3 Phase Cam Locks - Is infrastructure provided to support video walls
Bus Hook-ups
Video Walls, IMAG REH 2
SpotLights REH 4
TV's REH 8
ClearCom REH 1
Live HD 4k Video Cameras REH 3
Additional SoundEquipment
SM58- Shure Handheld Vocal mic (not wireless) REH 2
Shure SLXD24D/SM58-G58 dual wireless w/handheld transmitters REH 4
Shure KSM 137- Cardioid mic overheads & hat REH 1
DXR12- Yamaha loud speakers -stage wedges REH 4
Senn E609- Sennheiser micfor guitar amps REH 2
ShureBeta 52A- Drum mic REH 1
Shure Beta 87A- handheld Vocal mic REH 4
Midas M32 Console -preferred mixing console REH 2
Decibel monitoring equipment REH
673,588 FOOD & BEVERAGE EQUIPMENT
156,200 PATRON/FRONT OF HOUSE/SUSTAINABILITY
Seating CityWayfindingSignageCityListenEverywhereWifi (ADA Hearing System) City
Mag Machines REH 12
Barricades REH 24
Projectors REH
Reusable CupSystem (Turnsystems, rcup) REH
SolarCharging Station REH 2
Sustainable Waste Management (Covanta) REH
305,720 NETWORK/HARDWARE
Server for Internet.
Server/Router/Switches (lumped in for one estimate) 1
Wifi access points (lumped in for one estimate) 1
Cabling' 1
Server Rack With Power 2
Rack IJPS Hotswap 1
Phone System 1
Laptops -Manager, TD, Security, HM, Cust Svc 8
Laptop/Tablets - Merch/Auction 2
F&B POS Hardware (Tablet, stand, case) 42
F&B POS Charging Station 2
Printers
BOCA Printers
Kiosks Ticketing
Kiosk Cash to Card
Scanners - Zebra TC72 / TC7S
2
2
2
18
340,000 OTHER FF&E
Video Surveillance System City
Radios/security and amp staff
Golf Carts (F&B, Prod, Security)
Privacy solution for short fencing
Storage Solution
Portable Merch Stand
Kubota RTV X11OC
Kubota Lawn Sweeper Attachment
Kubota Yard Trailer
Kubota Street Sweeper Attachment
3500 Psi 4 GPM Pressure. Washer/Sidewalk Attach
Misc Custodial Equip
REH 50
REH 4
REH
REH 1
REIT 1
REH
REH 2
REH
REH 2
REH 2
REH 1
200,000 START UP INVESTMENT
Branding & Launch Campaign, Opening Activities
2,515,498 Total Investment
REH
REH
VENUE LICENSE AGREEMENT
EXHIBIT C
STANDARD TERMS AND CONDITIONS
S.1 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of
Licensee to the City will be that of an independent contractor. Licensee and all persons
employed by Licensee, either directly or indirectly, are Licensee's employees, not City
employees. Accordingly, Licensee and Licensee'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.
Licensee employees will not be regarded as City employees or agents for any purpose,
including the payment of unemployment or workers' compensation. If any of Licensee
employees or subcontractors assert a claim for wages or other employment benefits
against theCity, Licensee will defend, indemnifyand hold harmlessthe City from all such
claims.
S.2 SUBCONTRACTING. Licensee may subcontract work under this; Agreement without
the express written permission ofthe City, provided, however, thatLicensee shall ensure
that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Licensee and its subcontractors mustprovide
that the terms and conditions of this Agreement be incorporated therein.
S.3 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 atits option to terminate the Agreement. No granting of consent to any
assignment will relieve Licensee from any of its obligations and liabilities under the
Agreement.
S.4 SUCCESSORS AND: ASSIGNS, BINDING EFFECT, This Agreement will be binding
upon and inure to the benefit ofthe parties and their respective permitted successors and
assigns.
S5 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.6 AMENDMENTS. There will be no oral changes tothis 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 Licensee.
S.7 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties''
obligations under this Agreement.
S.8 COMPLIANCE WITH APPLICABLE LAWS
a) General. Licensee must procure all permits and licenses, and pay all charges and
fees necessary and incidental to the lawful conduct of business. Licensee must
stay fully informed ofexisting 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. Licensee bears full responsibility
for training, safety, and providing necessary equipment for all Licensee personnel
to achieve throughout the teen of the Agreement. Upon request, Licensee will
demonstrate to the City's satisfaction any programs, procedures, and other
activities used to ensure compliance.
b) Drug -Free Workplace. Licensee is hereby advised that the City has adopted a
policy establishing -a drug-free workplace for itselfand those doing business with
the City to ensure the safety and health of all persons working on City contracts
and projects: Licensee will require a drug-free workplace for all Licensee
personnel working under this Agreement, Specifically, all Licensee personnel
who are working under this Agreement must be notified in writing by Licensee
that they are prohibited from the manufacture, distribution, dispensation, or
unlawful possession or use of a controlled substance in the workplace. Licensee
agrees to ensure that Licensee personnel do not use or possess illegal drugs while
in the course ofperforming their duties.
c) Federal and State, Immigration Laws. Licensee 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. Licensee will ensure and
keep appropriate records to demonstrate that all Licensee personnel have a legal
right to live and work in the United States.
i) As applicable to Licensee, under this provision, Licensee hereby warrants
to the City that Licensee will comply with and ensure each of its
subcontractors are contractually, obligated to comply with, all federal
immigration laws and regulations that relate to their employees
hereinafter "Licensee immigration Warranty").
ii) A breach of the Licensee Immigration Warranty will constitute as a
material breach of this Agreement and will subject Licensee to penalties
up to and including termination ofthis Agreement at the sole discretion of
the City.
iii) The City retains the legal right to inspect the papers of all Licensee
personnel who provide services under this Agreement to ensure that
Licensee or its subcontractors are complying with the Licensee
Immigration Warranty. Licensee agrees to assist the City in regard to any
such inspections.
C-2
iv) The City may, at its sole discretion, conduct random verification ofthe
employment records of Licensee and any subcontractor to ensure
compliance with the Licensee Immigration Warranty. Licensee agrees to
assist the City in regard to any random verification performed.
v) Neither Licensee nor any subcontractor will be deemed to have materially
breached the Licensee Immigration Warranty ifLicensee or subcontractor
establishes that it has complied with the employment verification
provisions prescribed by Sections 274A and 274E of the Federal
Immigration and Nationality Act.
d) Nondiscrimination. Licensee represents and warrants that it does not
discriminate against any employee or applicant for employment or person to
whom it provides services because ofrace, 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. Licensee and
Licensee'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.9 SALES/USE TAX, OTHER TAXES. Licensee is responsible for the payment of all
taxes including federal, state, and local taxes related to or arising out of Licensee's
services under this Agreement, including by way of illustrationbutnot 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 Licensee
or any Licensee employees an employee of the City, or should anyone otherwise claim
the City is liable for the payment of taxes that are Licensee's responsibility under this
Agreement, Licensee will indemnify the City for any tax liability, interest, and penalties
imposed upon the City. Both City and the Licensee are exempt from paying state and local
sales/use taxes and certain federal taxes and will furnish an exemption certificate upon
request.
S.10 AMOUNTS DUE THE CITY. Licensee must be current and remain current in all
obligations due to the City during the performance of services under the Agreement.
Payments to Licensee may be offset by anydelinquent amounts due the City or fees and
charges owed to the City.
S.11 PUBLIC RECORDS. In addition to all other contract requirements as provided by law,
the Licensee executing this agreement agrees to comply with public records law: The
Licensee'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") toperform the service being provided by the Licensee hereunder.
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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.
e) Ensure that the public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized bylawforthedurationofthecontracttermandfollowingcompletionofthecontract
ifthe Licensee 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 ofthe Licensee or keep and maintain public records
required by the public agency to perform the service. If the Licensee transfers all
public records to the public agency upon completion ofthecontract, the Licensee
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Licensee keeps and
maintains public records upon completion of the contract, the Licensee shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, uponrequest from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
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. Ifthe public agency does
not possess the requested records, the public agency shall immediately notify the
Licensee of the request and the Licensee must provide the records to the public
agency or allowthe records to be inspected or copied within a reasonable time.
The Licensee hereby acknowledges and agrees that if the Licensee does not
comply with the public agency's request for records, the public agency shall
enforce the contract provisions in accordance with the contract.
If the Licensee fails to provide the public records to the public agency within a
reasonable time, it may be subject to penalties under Section 119.10, Florida
Statutes.
Ifa civil action is filed againstthe Licensee to compel production ofpublic records
relating to a public agency's contract for services, thecourt shall assess and award
against the Licensee the reasonable costs of enforcement, including reasonable
attorney fees, if:
1) The court determines that the Licensee unlawfully refused to complywith
the public records request within a reasonable time; and
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At least eight (8) business days before filing the action, the plaintiff
provided written notice ofthe public records request, including a statement
that the Licensee has not complied with the request, to the public agency
and to the Licensee.
i) A notice complies with subparagraph (h)(2). ifit is sent to the public agency's
custodian ofpublic records and to the Licensee at the Licensee's address listed on
its contract with the public agency or to the Licensee'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. If the
Licensee complies with a public records request within eight (8) business days
after the notice is sent, it is not liable for the reasonable costs of enforcement.
S.12 BACKGROUND (HECK. The City may conduct ctimtnal, driver history, and all other
requested background checks ofLicensee 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.13 DEFAULT.
a) A party will be in default ifthat 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 similaraction that affects Licensee'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) materially fails to carry out any
term, promise, or condition of the Agreement.
b) Licensee will be in default of' this Agreement if Licensee 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 indefaultthen 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 ofthe nature and extent of such default.
Anticipatory Repudiation. Whenever the City in good faith has reason to
question Licensee's intent or ability to perform, the City may demand that
Licensee give a written assurance of its intent and ability to perform. In the event
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that the demand is made and no written assurance is given within fifteen (15)
calendar days, the City may treat this failure as an anticipatory repudiation ofthe
Agreement.
S,14 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 upon determination in
good faith by the non -defaulting party that there was a material breach of the
Agreement that remained uncured following notice and opportunity to cure as
provided in section 14(c), above, and the termination will be deemed effective, if
the non -defaulting party is the Licensee, immediately or upon such other date as
specified in a notice of termination, and ifthe non -defaulting party is the City,
then on such date as is determined by the Clearwater City Council at a duly
constituted City Council meeting following failure to cure such material breach
by the Licensee, with written notice ofsuch City Council meeting being provided
to the Licensee no less than thirty (30) days prior thereto, and the termination will
be effective immediately or at such other date as specified by the City Council.
b) The non -defaulting party may purchase the services required under the Agreement
from the open market, complete required work itself, or have it completed at the
expense of the defaulting party. If the costs of obtaining substitute services
exceeds the contract price, the non -defaulting party may recover the excess costs
by: (i) requiring immediate reimbursement to the non -defaulting party; (ii)
deduction from an unpaid balance due to defaulting party; (iii) collection against
the proposal and/or performance security, ifany; (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.
The non -defaulting party will have all other rights granted under thisAgreement
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.15 CONTINUATION DURING DISPUTES. The parties agree that during any dispute
between the parties, each will continue to perform its obligations until the dispute is
settled, performance is enjoined or prohibited by judicial action, or the parties are
otherwise required or obligated to cease performance by other provisions in this
Agreement,
S.16 TERMINATION FOR CONVENIENCE. The City may terminate this Agreement on
thirty (30) days' written notice for any reason upon approval of the Clearwater City
Council at a duly constituted City Council meeting. The City shall provide Licensee no
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less than thirty (30) calendar days' written notice of the meeting of City Council to
determine termination of the Agreement. The Licensee may terminate the Agreement
upon six (6) months prior noticeto the City for any reason or no reason.
S.17 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 becomesan employee or agent
ofLicensee involved with the Venue.
S.18 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this
Agreement, Licensee will be entitled to payment for those services performed up to thedateoftermination, any authorized expenses already incurred up to such date of
termination, any costs incurred by the Licensee in connection with cancellation of anyeventsand/or bookings as a result of the termination, the then -current fair market value
of the capital expenditures made for the Venue by Licensee, and other items as described
in Section 43 of the Agreement. The City will make final payment within thirty (30) calendar days after the City has received Licensee's final invoice.
S.19 NON -WAIVER OF RIGHTS. There will be no waiver of any provision of this
agreementunless approved in writing and signed by the waiving party. Failure or delay
to exercise any rights or remedies provided hereinor by law or in equity, orthe acceptance
of, or payment for, any services hereunder, will not release the other party of any ofthe
warranties or other obligations of the Agreement and will not be deemed awaiver ofany
such rights or remedies.
S.20 WARRANTY. Each party warrants that the services and materials will conform to the
requirements ofthe Agreement Additionally, each party warrants that all services will be
performed in a good, workman -like and professional manner. ifany materials or services.
are of a substandard or unsatisfactory manner as determined by the other party, in good
faith, the providing party, at no additional charge to the other, will provide materials or
redo such services until in accordance with this Agreement and to the other party's
reasonable satisfaction. Unless otherwise agreed, the City and Licensee warrant that
materials used will be new, unused, of most current manufacture and not discontinued,
will be free ofdefects 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.21 THE CITY"S RIGHT TO RECOVER AGAINST THIRD PARTIES. Licensee 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 theprosecution
or defense of suit and the execution of instruments of assignment in favor of the City inobtainingrecovery.
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S.22 USE OF NAME. Licensee 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.23 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or
former public officer or employee withinthe 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 asubstantial or material administrative discretion.
S.24 RISK OF LOSS. Except as otherwise provided in the Agreement, each party agrees to
bear all risks ofloss, injury, or destruction ofgoods or equipment incidental to providing
any services, to the extent such party provides the services, and such loss, injury, or
destruction will not release the party from any obligation hereunder.
S25 SAFEGUARDING CITY PROPERTY. Except as otherwise provided in this
Agreement, Licensee will be responsible for anydamage to City real property or damage
or loss of City personal property when such property is the responsibility of or in the
custody of Licensee or its employees to the extent that such damage is caused by gross
negligence ofthe. Licensee or its employees.
S.26 WARRANTY OF RIGHTS. Each party warrants it has title to, or the right to allow the
other to use the materials and services being provided to the other and that the party
receiving materials or services may use same without suit, trouble or hindrance from
providing party or third parties.
S.27 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing,
each party (the "Indemnifying Party") will without limitation, at its expense defend the
other party (the "Indemnified Party") against all claims asserted by any person that
anything provided by Indemnifying Party 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 Indemnified Party in any such action, or pay any
settlement of such action or claim. Each party agrees to notify the other promptly ofany
matters to which this provision may apply and to cooperate with each other in connection
with such defense or settlement. Ifa preliminary or finaljudgment is obtained against the
Indemnified Party's use or operation of the items provided by Indemnifying Party
hereunder or any part thereof by reason ofany alleged infringement, Indemnifying Partywill, at its expense and without limitation, either (a) modify the item so that it becomes
non -infringing; (b) procure for the Indemnified Party the rightto continue to use theitem;
c) substitute for the infringing item other items) having at least equivalentcapability; ord) refund to the Indemnified Party an amount equal to the price paid, less reasonable
usage, from the time of installation acceptance through cessation ofuse, which amount,
will be calculated on a useful life not less than five (5) years, plus any additional costs theIndemnifiedPartymayincurtoacquiresubstitutesuppliesorservices.
S.28 CONTRACT ADMINISTRATION. The agreement will be administered by the
Purchasing Administrator and/or an authorized representative from the using department.
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All questions regarding the agreement will be referred to the administrator for resolution.
Supplements may be written to the agreement for the addition or deletion of services.
Payment will be negotiated and determined by the contract administrator(s).
S.29 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 ofthe public enemy, hostilities (whether declared or not), invasion, riots, civil
unrest, embargos or blockades, national or regional emergency, strikes, labor stoppages
or slowdowns or other industrial disturbances, telecommunication breakdowns, power
outages or shortages, inability or delay in obtaining supplies of adequate or suitable
materials, fire, explosion, other catastrophe or disaster, including epidemics, legislation,
and governmental regulation. The party whose performance is so affected will within five
5) calendar days ofthe unforeseeable circumstance notify the other party ofall 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 aperiod equal to the time lost by reason of delay, plus such additional time as may 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 ofa task unless agreed upon by the parties.
S.30 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 Licensee. 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 oftransactions made by others.
S31 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. Ifsent via overnight courier
or facsimile, receipt will be deemed effective two (2) calendar days after the sendingthereof
S.32 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 arisingfromorincidenttothisAgreementwillbePinellasCounty, Florida.
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S.33 INTEGRATION CLAUSE. The 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.34 PROVISIONS REQUIRED BY LAW. My provision required by law to be in this
Agreement is a part ofthis Agreement as if fully stated in it.
S35 SEVERABILITY. Ifany provision ofthis 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 willnegotiate diligently in good faith for such amendment(s)
of this; Agreementas may be necessary to achieve the original intent ofthis Agreement,
notwithstanding such invalidity or unenforceability.
S.36 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 oftermination.
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mesPRIIIIMH°1'1,"1.11,11111114illoomma
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9753-24 2nd rdg
Agenda Date: 7/15/2024 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: City Council
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9753-24 on second reading, to vacate a part of Kentucky Avenue, a 60’ foot
platted right of way, Michigan Boulevard, a 60’ foot platted right of way, and the platted 16’ foot
Alley in Block 4, all being contiguous with Block 4 of Bayview City Subdivision as recorded in
Plat Book 9, page 43, Public Records of Pinellas County, Florida.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
STRATEGIC PRIORITY:
Page 1 City of Clearwater Printed on 7/9/2024
2999301330403070300430653016407 3040309
30143017323
30603093007 3075301830183000302130363059224 227
30003078308030092990300430013006307
225 3042300630873096201
1503059
200
400
210
120
3035N McMULLENBOOTH RD S McMULLEN BOOTH RD CHERRY LN S BAYVIEW AVE N BAYVIEW AVE KENTUCKY AVE
GULF TO BAY BLVD
BAYSIDE BRG BAY ST CAROLINA AVE MEADOW LARK LN VIRGINIA AVE
TENNESSEE AVE
CLEVELAND ST
Document Path: C:\Users\Michael.Koter\City of Clearwater\Engineering Geographic Technology - Location Maps\VAC2024-03\VAC2024-03.aprx
Prepared by:Department of Public Works - EngineeringGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page: 1 of 1Aerial Flown 2023
VAC2024-03
First Baptist Church of Clearwater
N.T.S.Scale:MDMap Gen By:RKReviewed By:4/18/2024Date:
AERIAL MAP
Exhibit "A"
Block 4
Block 1
Block 4
Block 3
Block 2
Block 3
Kentucky Ave (P) (V)
(60' Right-of-way)Meadow Lark Lane (F)Michigan Boulevard (P)(60' Right-of-way)DRAWN BY CHECKED BY
DATE DRAWN
SECT-TWNSP-RNG
SHEETDWG. NO.
OF
--
CITY OF CLEARWATER
DEPARTMENT OF PUBLIC WORKS -
ENGINEERING Easement Retention
NF TM 05/29/2024
Lgl_2024-05 1 1
16 29S 16E
This is not a survey
Legal Description
SCALE: 1" =
0'
GRAPHIC SCALE (IN FEET)
100' 200'
100'
Exhibit "B"
1
Ordinance No. 9753-24
ORDINANCE NO. 9753-24
AN ORDINANCE OF THE CITY OF CLEARWATER
FLORIDA, VACATING A PART OF KENTUCKY AVENUE,
A 60’ FOOT PLATTED RIGHT OF WAY, MICHIGAN
BOULEVARD, A 60’ FOOT PLATTED RIGHT OF WAY,
AND THE PLATTED 16’ FOOT ALLEY IN BLOCK 4, ALL
BEING CONTIGUOUS WITH BLOCK 4 OF BAYVIEW
CITY SUBDIVISION AS RECORDED IN PLAT BOOK 9,
PAGE 43, PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Clearwater holds the subject right of way named as Kentucky
Avenue and Meadow Lark Lane/Michigan Blvd by plat dedication as well as a non-named
alley as connected thereto, to which the First Baptist Church of Clearwater, Inc., has
requested the City to vacate its interests located therein; and,
WHEREAS, the City Council of the City of Clearwater, Florida (“City”) finds said Right
of Way and Alley described herein and as shown on Exhibit “A” are no longer necessary for
municipal use subject to the conditions stated herein, and it is deemed to be in the best interest
of the City, and the general public that the same be vacated; and,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. The Right of Way & Alley as described in the attached sketch and legal:
See Exhibit “A”
Is hereby vacated, closed, and released, and the City of Clearwater releases all rights
title, and interest thereto, subject to the conditions stated below.
Section 2. This vacation is conditioned upon the reservation or conveyance of
public utility easements under, over, across, and through the described Property
(sketch and legal attached hereto and incorporated herein), for the installation,
maintenance, repair and replacement of all public utilities within the following described
area:
See Exhibit “B”
Section 3. This vacation is further conditioned upon the applicant, First Baptist
Church of Clearwater, Inc., within thirty (30) days of project completion, no longer allowing
vehicular access to Meadow Lark Lane/Michigan Blvd in the areas described herein, and further, shall barricade and mark this point as closed to traffic with appropriate signage.
2
Ordinance No. 9753-24
Section 4. The City Clerk shall record this Ordinance in the Public Records of Pinellas
County, Florida, following adoption.
Section 5. This Ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING ________________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED ________________________________
________________________________
Bruce Rector
Mayor
Approved as to form: Attest:
________________________________ ________________________________
Jerrod Simpson Rosemarie Call
Senior Assistant City Attorney City Clerk
Ordinance No. 9753-24
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0761
Agenda Date: 7/15/2024 Status: Second ReadingVersion: 1
File Type: Action ItemIn Control: City Council
Agenda Number: 7.2
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9765-24 on second reading, to change the land use designation for certain
real property located on the northeast corner of South Saturn Avenue and Gulf to Bay
Boulevard, whose post office address is 407 South Saturn Avenue, from Institutional (I) to
Commercial General (CG).
SUMMARY:
Page 1 City of Clearwater Printed on 7/9/2024
BACKGROUND & PROPOSAL
This case involves a property consisting of three parcels totaling 2.284‐acres located on the northeast corner
of Gulf to Bay Boulevard and South Saturn Avenue. The property is owned by St. Paul’s Lutheran Church, Inc.
The largest parcel fronting Gulf to Bay Boulevard is currently occupied by a place of worship containing three
structures, and the parcels to the north contain the associated parking. The request is to change the Future
Land Use Map designation of this property from Institutional (I) to Commercial General (CG). A Zoning Atlas
Amendment application (REZ2024‐02001) is also being processed concurrently with this case.
The earliest structure was constructed in 1957 and is located along the northwest corner of the larger parcel
that fronts Gulf to Bay Boulevard. A two‐story building was constructed in 1958 and is adjoined to the original
structure to the east. The third structure was constructed in 1970 and is adjoined to and sits south of the
original 1957 structure. In total, the three structures contain just over 25,000 square feet of building area.
Ownership of the property was originally transferred to St. Paul’s Lutheran Church in 1963. This deed
included the two parcels currently used as parking, and the northern half of the larger parcel which contained
the two structures constructed in 1957 and 1958, respectively. In 1967, the entirety of the three parcels were
under the same ownership when the church purchased the southern half of the larger parcel.
Should this proposed amendment be approved, the existing place of worship would become a
nonconforming use, as this use is not permitted within the consistent Commercial (C) District. The use would
be able to remain as a nonconforming use and permitted to make any repairs or maintenance as necessary
but would not be allowed to expand. It is anticipated that upon approval of the amendment, St. Paul’s
PLANNING & DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BOARD STAFF REPORT
MEETING DATE: May 21, 2024
AGENDA ITEM: F.1.
CASE: LUP2024‐02001
REQUEST: Amendment to the city’s Future Land Use Map for the property located at
407 S Saturn Avenue from the Institutional (I) category to the Commercial
General (CG) category.
GENERAL DATA:
Agent(s)...........................
Owner(s)..........................
Ryan Manasee & Mark Bentley, Johnson, Pope, Bokor, Ruppel, & Burns, LLP
St. Paul’s Lutheran Church, Inc.
Location .......................... 407 South Saturn Avenue, located on the northeast corner of Gulf to Bay
Boulevard and South Saturn Avenue
Property Size ................... 2.284 acres
Community Development Board – May 21, 2024
LUP2024‐02001‐ Page 2 of 15
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Lutheran Church, Inc. will be merging with another congregation in the city and the property would be sold.
The applicants have indicated the future use to be commercial; however, a specific use has not been
determined at this time. Site plans are not required to be submitted as part of, or in conjunction with, a
Future Land Use Plan Amendment application.
The requested amendment to the Commercial General (CG) category is consistent with the surrounding
parcels and would allow for future development that is compatible with surrounding uses and is appropriate
to be located along Gulf to Bay Boulevard. An amendment to the Countywide Plan Map will also be required
to bring consistency between the City’s Future Land Use Map and the Countywide Plan Map. The applicant
understands all necessary approvals and permits must be obtained before development of the subject site
occurs.
VICINITY CHARACTERISTICS
Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its
surroundings.
Map 1
Community Development Board – May 21, 2024
LUP2024‐02001‐ Page 3 of 15
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Map 2
Community Development Board – May 21, 2024
LUP2024‐02001‐ Page 4 of 15
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Map 3 shows the existing surrounding uses which are a mix of residential and commercial as is typical in the
blocks north and south of the Gulf to Bay Boulevard corridor in this area. The properties to the north abutting
the amendment area, along with properties to the west/northwest across South Saturn Avenue and
east/northeast across South Mars Avenue, consist of attached dwellings. Further to the northeast are city‐
owned parcels consisting of a small park. Further to the north, across Rainbow Drive, are single family
detached dwellings. Properties to the west, across South Saturn Avenue, consist of small retail sales and
motel uses, and to the east across South Mars Avenue are a restaurant and office. Further east, parcels
owned by Pinellas County are utilized as Keene Road right‐of‐way. To the southwest, across Gulf to Bay
Boulevard are a motel and automobile sales uses. To the southeast across Gulf to Bay Boulevard are an
automobile service use and a standalone retail sales use.
Map 3
Community Development Board – May 21, 2024
LUP2024‐02001‐ Page 5 of 15
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
As shown on Map 4, the future land use category abutting the amendment area to the north is the
Commercial General (CG) category. Additionally, all parcels to the west across South Saturn Avenue, to the
south, southwest, and southeast across Gulf to Bay Boulevard, and to the east of the largest parcel across
South Mars Avenue, are also Commercial General (CG). To the northeast across South Mars Avenue, the
future land use category is Residential High (RH).
Map 4
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A comparison between the uses, densities, and intensities allowed by the existing and proposed Future Land
Use Map (FLUM) designations appears in Table 1, along with the consistent zoning districts.
Table 1. Uses, Densities and Intensities Allowed by Existing and Proposed Future Land Use Map Designations
Existing FLUM Designation
Institutional (I)
Proposed FLUM Designation
Commercial General (CG)
Primary Uses:
Public/Private Schools;
Churches; Public Offices;
Hospitals; Residential Equivalent
Office; Retail Sales & Service;
Overnight Accommodations
Maximum
Density: 12.5 Dwelling Units per Acre
24 Dwelling Units per Acre
40 Overnight Accommodation Units
per Acre
Maximum
Intensity: FAR 0.65; ISR 0.85 FAR 0.55; ISR 0.90
Consistent Zoning
Districts: Institutional (I) Commercial (C)
REVIEW CRITERIA
Consistency with the Clearwater Comprehensive Plan [Sections 4‐603.F.1 and 4‐603.F.2]
Recommended Findings of Fact:
Applicable objectives and policies of Clearwater 2045, the Clearwater Comprehensive Plan, that support the
proposed amendment include:
Objective QP 5.1 Use Table QP 1. Future Land Use Categories and Map QP 3. Future Land Use to guide
development in the city consistent with the Countywide Plan Map and implemented through the CDC.
Policy QP 5.1.1 Recognize the consistency between the countywide future land use categories, the city’s
future land use categories, and the city’s zoning district as shown in Table QP 1. Future Land Use Categories.
Objective QP 5.2 Continue to review and evaluate amendments to the Future Land Use Map to ensure
proposed uses and density or intensity are compatible with surrounding areas and consistent with the
Countywide Rules.
Policy QP 5.2.5 Direct amendments of higher density and intensity future land use categories to Multimodal
Corridors or Future Transit Corridors as delineated by the Land Use Strategy Map in the Countywide Rules.
Policy QP 5.2.6 Evaluate proposed amendments to ensure there are appropriate density and intensity
transitions within neighborhoods.
Policy QP 5.2.7 Ensure proposed amendments will not create uses, densities, or intensities that are
incompatible with the surrounding neighborhood or any applicable special area or redevelopment plans.
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Policy QP 5.2.8 Continue to evaluate that sufficient public facilities are available to support proposed
increases to density or intensity and require mitigation strategies if sufficient public facilities will not be
available.
Policy M 1.1.5 Continue implementation of the current Mobility Management System, including the
multimodal impact fee, through the Community Development Code (CDC) to generate funding for
multimodal mobility improvements.
Recommended Conclusions of Law:
The request is consistent with the goals, objectives, and policies of Clearwater 2045, the Clearwater
Comprehensive Plan. The proposed Commercial General (CG) future land use category is compatible with the
Commercial General (CG) future land use category that exists abutting to the north, across South Saturn
Avenue to the west, across South Mars Avenue to the east, and across Gulf to Bay Boulevard to the south.
Additionally, it is compatible with the Residential High (RH) category that exists to the northeast. Rainbow
Drive provides a transitional separation from the Commercial General (CG) future land use category to the
south to the Residential Urban (RU) future land use category further to the north, which provides greater
compatibility with the surrounding neighborhood. Gulf to Bay Boulevard is delineated as a Future Transit
Corridor on the Land Use Strategy Map, which is an appropriate corridor for higher density and intensity
future land use categories, including the proposed Commercial General (CG) category. Any future trips
generated would be reviewed at the time of site plan review in accordance with the Mobility Management
System. In addition, the proposal does not degrade the level of service for public facilities below the adopted
standards (a detailed public facilities analysis follows in this report).
Consistency with the Countywide Rules
Recommended Findings of Fact:
The underlying Countywide Plan Map category on the proposed amendment area is Public/Semi‐Public
(P/SP). Section 2.3.3.11 of the Countywide Rules states that the current Public/Semi‐Public (P/SP) category is
intended to recognize institutional and transportation/utility uses that serve the community or region,
especially larger facilities having acreage exceeding the thresholds established in other plan categories, which
are consistent with the need, character, and scale of such uses relative to the surrounding uses,
transportation facilities, and natural resource features, and may include residential as part of the mix of uses.
The proposed City of Clearwater future land use designation of Commercial General (CG) will necessitate a
Countywide Plan Map amendment from the Public/Semi‐Public (P/SP) category to the Retail & Services (R&S)
category in order to maintain consistency between the City’s Future Land Use Map and the Countywide Plan
Map. Section 2.3.3.8 of the Countywide Rules states that the Retail & Services (R&S) category is intended to
depict areas developed with, or appropriate to be developed with, a mix of businesses that provide for the
shopping and personal service needs of the community or region, provide for employment opportunities and
accommodate target employment uses, and may include residential uses as part of the mix of uses.
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The Retail & Services (R&S) category currently exists on the properties abutting to the north of the subject
property, as well as to the west, east, and south. The proposed amendment to the Retail & Services (R&S)
category is supported due to Gulf to Bay Boulevard being denoted as a Future Transit Corridor, Secondary
Corridor on the Land Use Strategy Map, and through close proximity to two PSTA bus stops, one located to
the east at the corner of Gulf to Bay Boulevard and South Mars Avenue, and the second to the west at the
approximate midpoint between South Saturn and Jupiter Avenues on Gulf to Bay Boulevard. The proposed
amendment would also close the Retail & Services (R&S) “gap” created by the current Public/Semi‐Public
(P/SP) category on the subject property.
Keene Road is delineated as a Scenic/Noncommercial Corridor with a Residential Classification according to
Section 6.5.4.1.3.A of the Countywide Rules and as depicted on the Land Use Strategy Map. This Residential
Classification extends approximately 500 feet to the west and east of the centerline of Keene Road. The
intersection of Gulf to Bay Boulevard and Keene Road has a Mixed Use Classification, which generally includes
parcels fronting Gulf to Bay Boulevard and those that have a Countywide Plan Map category of Retail &
Services (R&S). As shown in Map 5, the Mixed Use Classification extends to the east from Phoenix Avenue
and South Mars Avenue (acting as the western boundary) to Brookside Drive and South Corona Avenue
(acting as the eastern boundary), with the Residential Classification following the more general corridor as
described above.
Map 5
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The subject property falls partially within the Residential Classification corridor area. As detailed in Table 6‐4
of the Countywide Rules, the existing Countywide Plan Map category of Public/Semi‐Public (P/SP) is
consistent with this Residential Classification; however, the proposed Retail & Services (R&S) category is not
consistent with the Residential Classification. Other categories consistent with the Residential Classification
are Residential Rural (RR), Residential Very Low (RVL), Recreation/Open Space (R/OS), and Preservation (P),
with Residential Low Medium (RLM) and Residential Medium (RM) being potentially consistent subject to
specific use restrictions. All Countywide Plan Map categories are consistent with the Mixed Use Classification,
with the exception of the Retail & Services (R&S), Employment (E), and Industrial (I) categories. The Retail &
Services (R&S) and Employment (E) categories are potentially consistent with the Mixed Use Classification
subject to the following specific use restrictions: Manufacturing‐Medium and Incinerator Facility uses are not
permitted within the Mixed Use Classification.
As the subject property fronts Gulf to Bay Boulevard and meets locational criteria for the Retail & Services
(R&S) category in the Countywide Rules, an amendment to the Land Use Strategy Map to amend the subject
property to the Scenic/Noncommercial Corridor, Mixed Use Classification is necessary. While nonresidential
uses and land use categories within Scenic/Noncommercial corridors are discouraged, exceptions are
permitted according to Section 6.5.4.1.4.B.2 of the Countywide Rules. The proposed Retail & Services (R&S)
category meets the criteria for exception as the category is a logical infill and extension of the Retail &
Services (R&S) category that exists abutting to the north of the subject property, as well as to the west, east,
and south of the subject property. Similarly, the subject property is currently a nonresidential use, and has
nonresidential uses to the west, east, and south, and this amendment is a logical infill and extension of
existing nonresidential uses. These exceptions would allow for the proposed Retail & Services (R&S) category
to be consistent with the Mixed Use Classification provisions of the Scenic/Noncommercial Corridors
Element.
Recommended Conclusions of Law:
The proposed Future Land Use Map Amendment will require amendments to the Countywide Plan Map and
the Land Use Strategy Map contained within the Countywide Rules. The proposed Commercial General (CG)
future land use category will require an amendment to the Countywide Plan Map category from Public/Semi
Public (P/SP) to Retail & Services (R&S). The proposed Retail & Services (R&S) category will necessitate an
amendment to the Land Use Strategy Map to amend the property from the Scenic/Noncommercial Corridor,
Residential Classification to the Scenic/Noncommercial Corridor, Mixed Use Classification. The proposed
amendment would ensure that future nonresidential uses are directed away from the Scenic/Noncommercial
Corridor of Keene Road, thereby meeting the intent and purpose of the Scenic/Noncommercial Corridor Plan
Element. The proposed amendments are consistent with the purpose of the proposed Retail & Services (R&S)
category in the Countywide Rules and with the criteria for Countywide Plan Map and Scenic/Noncommercial
Corridor consistency.
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Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4‐603.F.3 and
Section 4‐603.F.6]
Recommended Findings of Fact:
The proposed amendment area is currently utilized as St. Paul’s Lutheran Church and associated parking and
has a future land use category of Institutional (I). Adjacent to the north, across South Saturn Avenue to the
northwest, and across South Mars Avenue to the northeast are attached dwellings. Further to the northeast
is a small park at the southeast corner of South Mars Avenue and Rainbow Drive. To the west, across South
Saturn Avenue, are a small retail shop and a motel, and to the east across South Mars Avenue are a restaurant
and an office. To the south, southwest, and southeast, across Gulf to Bay Boulevard, are a motel, automobile
sales, automobile service, and standalone retail sales, respectively.
The proposed Commercial General (CG) future land use category primarily permits nonresidential
development at a floor area ratio (FAR) of 0.55, and overnight accommodation uses at a density of 40
overnight accommodation units per acre. The future land use designation of surrounding properties is
Commercial General (CG) abutting to the north, across South Saturn Avenue to the west and northwest,
across South Mars Avenue to the east, and across Gulf to Bay Boulevard to the south, southwest, and
southeast. Additionally, Residential High (RH) exists across South Mars Avenue to the northeast.
Recommended Conclusions of Law:
The proposed Commercial General (CG) future land use category is consistent with the surrounding
properties and character of the neighborhood. Gulf to Bay Boulevard is a principal arterial road and is the
main east/west commercial corridor through the city, and nonresidential uses are appropriate and
encouraged to locate along such corridors. The existing attached dwellings to the north provide a transition
from higher intensity uses along Gulf to Bay Boulevard to the single family detached dwellings further north
across Rainbow Drive. While the existing place of worship use would become a nonconforming use, with this
proposed amendment, it would be permitted to exist at its current size but would not be permitted to
expand.
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Sufficiency of Public Facilities [Section 4‐603.F.4]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on the proposed
amendment area, the maximum development potential of the property under the existing and proposed city
Future Land Use Map designations were analyzed.
Table 2. Development Potential for Existing & Proposed FLUM Designations
Existing FLUM
Designation
“I”
Proposed FLUM
Designation
“CG”
Net Change
Site Area 2.284 AC
(99,491 SF)
2.284 AC
(99,491 SF)
Maximum
Development
Potential
0 DUs1 / 84 Beds2
0 OAUs4
64,669 SF
0.65 FAR
0 DUs1/ 0 Beds3
91 OAUs
54,720 SF
0.55 FAR
0 DUs / ‐84 Beds
+91 OAUs
‐9,949 SF
‐0.10 FAR
Notes:
1. Residential uses are not permitted in the consistent Institutional (I) or Commercial (C) Districts; therefore, the
development potential is zero.
2. Residential uses are not permitted through the consistent Institutional (I) District; however, residential
equivalent uses are permitted (3 beds per unit per acre).
3. Residential equivalent uses are not permitted in the consistent Commercial (C) District; therefore, the
development potential is zero.
4. Overnight accommodations uses are not permitted in the consistent Institutional (I) District; therefore, the
development potential is zero.
Abbreviations:
FLUM – Future Land Use Map DUs – Dwelling Units
AC – Acres OAUs – Overnight Accommodation Units
SF – Square feet FAR – Floor Area Ratio
As shown in the table, there is a decrease in nonresidential development potential of nearly 10,000 square
feet and a decrease in the number of residential equivalent development potential of 84 beds, but there is
an increase for an overnight accommodation (hotel) use of 91 units. The following analysis compares the
existing place of worship (church) use under the Institutional (I) future land use to a restaurant development
and a hotel use built to the maximum potential of the Commercial General (CG) future land use. Future
development would potentially increase the demand for public facilities, which is further detailed below;
however, since any future development would need to meet applicable zoning standards resulting in square
footages less than the maximums detailed above, the increases would likely be less than what is shown
below.
Potable Water
The change in development potential from this amendment could result in an increase in potable water use
of up to 2,961 gallons per day. This increase is determined by taking the potential potable water utilization
of the proposed land use developed with the maximum square footage permitted (5,472 gallons per day)
and subtracting it from the usage of the existing 25,105 square foot church use (2,511 gallons per day).
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Nonresidential uses utilize a percentage of the total square footage for potable water calculations, so the
utilization would be the same for both a restaurant and hotel use.
Due to future development having to meet zoning code requirements, it’s likely that the actual development
would be less than the maximum development potential of 54,720 square feet, meaning the increase in
potable water would be less than the maximum potential of 5,472 gallons per day as shown in the analysis.
The city’s current potable water demand is 11.209 million gallons per day (MGD). The city’s adopted level of
service (LOS) standard for potable water service is 100 gallons per capita per day, while the actual usage is
estimated at 76.24 gallons per capita per day (2023 Public Supply Annual Report). The city’s 10‐year Water
Supply Facilities Work Plan (2022‐2023 Planning Period), completed July 2022, indicates that based on the
updated water demand projections and other factors, the city has adequate water supply and potable water
capacity for the 10‐year planning horizon.
Wastewater (Sanitary Sewer)
The change in development potential from this amendment could result in an increase in wastewater use of
up to 2,370 gallons per day. This increase is determined by taking the potential wastewater utilization of the
proposed land use developed with the maximum square footage permitted (4,378 gallons per day) and
subtracting it from the usage of the existing 25,105 square foot church use (2,008 gallons per day).
Nonresidential uses utilize a percentage of the total square footage for wastewater calculations, so the
utilization would be the same for both a restaurant and hotel use.
Due to future development having to meet zoning code requirements, it’s likely that the actual development
would be less than the maximum development potential of 54,720 square feet, meaning the increase in
wastewater would be less than the maximum potential of 4,378 gallons per day as shown in the analysis.
The amendment area is served by the East Water Reclamation Facility, which presently operates around 2
million gallons per day. The city’s adopted LOS standard for wastewater service is 100 gallons per capita per
day, and the current operational capacity is well within its permitted capacity of 5 million gallons per day.
Therefore, there is excess wastewater capacity to serve the amendment area.
Solid Waste
The change in development potential from this amendment could result in an increase of 108.5 to 661.2 tons
per year of solid waste generated. This increase is determined by taking the utilization of the proposed land
use developed with a hotel use built at the maximum square footage permitted (128.6 tons per year) or with
a restaurant use at the maximum square footage permitted (681.3 tons per year) and subtracting it from the
existing 25,105 square foot church use (20.1 tons per year).
Due to future development having to meet zoning code requirements, it’s likely that the actual development
would be less than the maximum development potential, meaning the increase in solid waste would be less
than the maximum potential between 108.5 to 661.2 tons per year as shown in the analysis.
The city’s adopted LOS standard for solid waste service is 1.3 tons per year, or 7.12 pounds per person per
day; however, Pinellas County handles all solid waste disposal at the Pinellas County Waste‐to‐Energy Plant
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and the Bridgeway Acres Sanitary Landfill, which has significant capacity. Additionally, the city provides a full‐
service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of
Bridgeway Acres. There is excess solid waste capacity to serve the amendment area.
Parkland
Under both the existing and proposed future land use, the LOS citywide for parkland will continue to exceed
the adopted LOS of 4 acres per 1,000 residents. The city is currently providing 7.95 acres of parkland per
1,000 residents. This is calculated using the total acreage of parks within the city, dividing it by the 2022
Florida Bureau of Economic and Business Research (BEBR) population estimates, and then multiplying by
1,000. Based on this impact analysis, the current provision of 7.95 acres of parkland per 1,000 would remain
unchanged [Source: Parks and Recreation Facilities Impact Fee Study, prepared by Benesch (formerly Tindale
Oliver) May 23, 2022].
Amending a property’s future land use or zoning designation does not have an immediate impact on the
city’s parks and recreation system and parkland requirements. Impacts are felt when development occurs.
This Future Land Use Map Amendment will have no additional impact on parkland.
Stormwater
Site plan approval will be required before the amendment area can be redeveloped. At that time, the
stormwater management system for the site will be required to meet all city and Southwest Florida Water
Management District stormwater management criteria.
Streets
The amendment area is located on the north side of Gulf to Bay Boulevard, approximately 350 feet west of
Keene Road and bounded by South Saturn Avenue to the west and South Mars Avenue to the east. To
evaluate potential impacts to streets, the typical traffic impacts figures (trips per day per acre) in the
Countywide Rules for the corresponding Countywide Plan Map categories (existing and proposed) are
compared. The current number of trips per day (238 trips) is calculated based on the traffic generation
numbers for a religious/civic use in the Public/Semi‐Public (P/SP) category (104 trips per day per acre), and
the proposed number of trips under the Retail & Services (R&S) category would be 989 trips (433 trips per
day per acre). This could result in an increase of 751 trips from the amendment area.
The amendment property fronts Gulf to Bay Boulevard, but access is currently provided through multiple
ingress and egress points along South Saturn and Mars Avenues. South Saturn and Mars Avenues can be
accessed from westbound Gulf to Bay Boulevard, but South Saturn Avenue can only be accessed from
eastbound Gulf to Bay Boulevard. Additionally, South Saturn and Mars Avenues intersect with Rainbow Drive,
Cleveland Street, and Drew Street, all to the north, and the grid pattern in the overall amendment area
provides for multiple means of access to the amendment property. Gulf to Bay Boulevard is a six‐lane, divided
principal arterial roadway and South Saturn and Mars Avenues are both two‐lane undivided roadways.
Since the numbers provided within the Countywide Rules for this review are aggregate trips per acre based
on multiple commercial uses, the Public Works Department’s Traffic Engineering Division will review any
proposed redevelopment and provide traffic‐related comments as part of that review. The review would
Community Development Board – May 21, 2024
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address code requirements, including but not limited to, parking and loading, vehicle stacking, ingress and
egress, and the implementation of the city’s Mobility Management System.
The Mobility Management System applies to both deficient and nondeficient roadways which are
determined by operating LOS. The segment of Gulf to Bay Boulevard abutting the amendment area is
between Highland Avenue and Keene Road and is operating at a LOS C according to the 2023 Annual Level of
Service Report from Forward Pinellas making it a nondeficient roadway. Based on the number of net new
trips created, either the multimodal impact fee would be paid or, depending on the traffic impacts identified
by the city’s Traffic Engineering Division, a traffic impact study or transportation management plan could be
required.
Recommended Conclusions of Law:
Based upon the findings of fact, the proposed amendment would increase the demand on several of the
public facilities; however, it is determined that the proposed change will not result in the degradation of the
existing levels of service for potable water, wastewater, solid waste, parkland, stormwater management, and
streets.
Impact on Natural Resources [Section 4‐603.F.5]
Recommended Findings of Fact:
No wetlands have been located within the amendment area. The city’s Community Development Code
requires that development is compliant with the city’s tree preservation, landscaping, and stormwater
management requirements.
Recommended Conclusions of Law:
Amending a properties future land use designation does not have an immediate impact to natural resources.
Impacts to natural resources are felt when development occurs. Any future development would be required
to meet the city’s Community Development Code, which includes protections for natural resources.
Therefore, this proposed Future Land Use Map Amendment will not impact natural resources within the
amendment area.
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SUMMARY & RECOMMENDATION
No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or
receive a final action of approval unless it complies with the standards contained in Section 4‐603.F,
Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the
standards under to Section 4‐603.F:
Table 3. Consistency with Community Development Code Standards for Review
CDC Section 4‐603 Standard Consistent Inconsistent
F.1 The amendment will further implementation of the
Comprehensive Plan consistent with the goals, policies
and objectives contained in the Plan.
X
F.2 The amendment is not inconsistent with other provisions
of the Comprehensive Plan.
X
F.3 The available uses, if applicable, to which the properties
may be put are appropriate to the properties in question
and compatible with existing and planned uses in the
area.
X
F.4 Sufficient public facilities are available to serve the
properties.
X
F.5 The amendment will not adversely affect the natural
environment.
X
F.6 The amendment will not adversely impact the use of
properties in the immediate area.
X
Based on findings of fact and conclusions of law stated above, the Planning and Development Department
recommends the following action:
Recommend APPROVAL of the Future Land Use Map Amendment from Institutional (I) to Commercial
General (CG).
Prepared by Planning and Development Department Staff: ___
Kyle Brotherton
Planner II
ATTACHMENTS: Ordinance No. 9765‐24
Photographs of Site and Vicinity
Resume
Ordinance No. 9765-24
ORDINANCE NO. 9765-24 AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST
CORNER OF SOUTH SATURN AVENUE AND GULF TO
BAY BOULEVARD, WHOSE POST OFFICE ADDRESS IS 407 SOUTH SATURN AVENUE, CLEARWATER, FLORIDA 33755, FROM INSTITUTIONAL (I), TO COMMERCIAL GENERAL (CG); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. The Future Land Use Element of the Comprehensive Plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described properties, as follows: Properties Land Use Category
See attached Exhibit “A” for legal descriptions; From: Institutional (I) To: Commercial General (CG)
(LUP2024-02001) 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 contingent upon approval of the countywide plan land use designation by the Pinellas County Board of Commissioners,
where applicable, and thirty-one (31) days post-adoption. If this ordinance is appealed
within thirty (30) days after adoption, then this ordinance will take effect only after approval of the land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Commerce (DOC) or the Administration Commission, where applicable,
pursuant to Section 163.3187, Florida Statutes. The Community Development
Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Element of the City’s Comprehensive Plan as amended by this ordinance.
Ordinance No. 9765-24
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”
LUP2024‐02001 and REZ2024‐02001, 407 S. Saturn Avenue, Clearwater, FL, 33755
Parcel Numbers: 13‐29‐15‐82584‐001‐0040; 14‐29‐15‐00000‐140‐1900; 14‐29‐15‐82566‐003‐0030
Legal DescripƟons:
13‐29‐15‐82584‐001‐0040
Lot 4, Block “A”, Unit “B”, SKYCREST SUBDIVISION, as recorded in Plat Book 28, page 24, public records of Pinellas County,
Florida.
14‐29‐15‐00000‐140‐1900
TRACT 1: That certain unplaƩed tract of land in the SE 1/4 of the NE 1/4 of SecƟon 14, Township 29 South, Range 15 East,
Pinellas County, Florida, described as follows: From the SE corner of Lot 4, Block “A”, Unit “B”, SKYCREST SUBDIVISION as
recorded in Plat Book 28, page 24, public records of Pinellas County, Florida, run West 124.91 feet along the South line of
said Lot 4, to the SW corner thereof; conƟnue West 125.0 feet along the South line of Lot 4, Block “C”, Unit “A”, SKYCREST
SUBDIVISION as recorded in Plat Book 28, page 4, public records of Pinellas County, Florida, to the SW corner of said Lot
4, Block “C”, Unit “A”; run thence South 140.0 feet along the East line of Saturn Avenue; thence East 250.0 feet along the
line parallel to said South line of Lot 4, Block “C”, Unit “A” and the South line of Lot 4, Block “A”, Unit “B” to an
intersecƟon with the West boundary of Mars Avenue; thence North 140.0 feet along the West line of Mars Avenue to
P.O.B.
TRACT 2: That part of the SE 1/4 of the NE 1/4 of SecƟon 14, Township 29 South, Range 15 East, Pinellas County, Florida,
described as follows: From the SW corner of Lot 4, Block “C”, Unit “A”, SKYCREST SUBDIVISION, as recorded in Plat Book
28, page 4, public records of Pinellas County, Florida, run Southerly 140.0 feet along the East line of Saturn Avenue to
P.O.B.; conƟnue Southerly along the East line of Saturn Avenue 140.0 feet more or less to the North line of Gulf‐to‐Bay
Boulevard; run thence East 250.0 feet more or less along the said North line of Gulf‐to‐Bay Boulevard to the West line of
Mars Avenue; thence North 140.0 feet more or less along the West side of Mars Avenue to a point measured 140.0 feet
along the West side of Mars Avenue from the SE corner of Lot 4, Block “A”, Unit “B”, SKYCREST SUBDIVISION as recorded
in Plat Book 28, page 24, public records of Pinellas County, Florida; thence West 250.0 feet more or less along a line
parallel to and 140.0 feet distant from the South line of said Lot 4, Block “A”, Unit “B” and the South line of said Lot 4,
Block “C”, Unit “A”, SKYCREST SUBDIVISION to P.O.B.
14‐29‐15‐82566‐003‐0030
Lots 3 and 4, Block “C”, Unit “A”, SKYCREST SUBDIVISION, as recorded in Plat Book 28, page 4, public records of Pinellas
County, Florida.
Exhibit “B”
PROPOSED FUTURE LAND USE MAP
Owner(s): St. Paul’s Lutheran Church, Inc Case: LUP2024-02001
Site: 407 South Saturn Avenue Property
Size(Acres): 2.284 (LUP)
Land Use Zoning
PIN:
13-29-15-82584-001-0040
14-29-15-00000-140-1900
14-29-15-82566-003-0030 From: Institutional (I) Institutional (I)
To: Commercial General
(CG) Commercial (C) Atlas Page: 288B
LOCATION MAP
Owner(s): St. Paul’s Lutheran Church, Inc Case: LUP2024-02001
REZ2024-02001
Site: 407 South Saturn Avenue Property
Size(Acres):
2.284 (LUP)
2.056 (REZ)
Land Use Zoning
PIN:
13-29-15-82584-001-0040
14-29-15-00000-140-1900
14-29-15-82566-003-0030 From: Institutional (I) Institutional (I)
To: Commercial General
(CG) Commercial (C) Atlas Page: 288B
EXISTING SURROUNDING USES MAP
Owner(s): St. Paul’s Lutheran Church, Inc Case: LUP2024-02001
Site: 407 South Saturn Avenue Property
Size(Acres): 2.284 (LUP)
Land Use Zoning
PIN:
13-29-15-82584-001-0040
14-29-15-00000-140-1900
14-29-15-82566-003-0030 From: Institutional (I) Institutional (I)
To: Commercial General
(CG) Commercial (C) Atlas Page: 288B Right-of-Way Park
Motel
Retail Sales
Single
Family
Detached
Dwellings
Single
Family
Detached
Dwellings
Attached
Dwellings
Attached
Dwellings Automobile Sales Retail
Sales Automobile Service Motel Attached Dwellings Restaurant
Office
LUP2024-02001/REZ2024-02001
St. Paul’s Lutheran Church, Inc.
407 S Saturn Avenue
View looking east at the subject property, 407 S Saturn
Avenue
View looking west at the subject property
View looking northwest at the subject property
Adjacent to the north of the subject property from S Saturn
Avenue
View looking northeast at the subject property
Adjacent to the north of the subject property from S Mars
Avenue
LUP2024-02001/REZ2024-02001
St. Paul’s Lutheran Church, Inc.
407 S Saturn Avenue
View looking northeast at the subject property from Gulf to
Bay Boulevard
View looking northwest at the subject property from Gulf to
Bay Boulevard
Across S Mars Avenue to the east
Across S Saturn Avenue to the west
Across S Mars Avenue to the east
Across S Saturn Avenue to the west
LUP2024-02001/REZ2024-02001
St. Paul’s Lutheran Church, Inc.
407 S Saturn Avenue
View looking northerly along S Saturn Avenue View looking southerly along S Saturn Avenue
View looking southerly along S Mars Avenue
View looking easterly along Gulf to Bay Boulevard
View looking northerly along S Mars Avenue
View looking westerly along Gulf to Bay Boulevard
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0762
Agenda Date: 7/15/2024 Status: Second ReadingVersion: 1
File Type: Action ItemIn Control: City Council
Agenda Number: 7.3
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9766-24 on second reading, amending the Zoning Atlas of the city by rezoning
certain real property located on the northeast corner of South Saturn Avenue and Gulf to Bay
Boulevard, whose post office address is 407 South Saturn Avenue, from Institutional (I) to
Commercial (C).
SUMMARY:
Page 1 City of Clearwater Printed on 7/9/2024
PLANNING & DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BOARD STAFF REPORT
MEETING DATE: May 21, 2024
AGENDA ITEM: F.2.
CASE: REZ2024‐02001
REQUEST: Amendment to the city’s Zoning Atlas for the property located at 407 S
Saturn Avenue from the Institutional (I) District to the Commercial (C)
District.
GENERAL DATA:
Agent(s)...........................
Owner(s)..........................
Ryan Manasee & Mark Bentley, Johnson, Pope, Bokor, Ruppel, & Burns, LLP
St. Paul’s Lutheran Church, Inc.
Location .......................... 407 South Saturn Avenue, located on the northeast corner of Gulf to Bay
Boulevard and South Saturn Avenue
Property Size.................... 2.056‐acre portion of a 2.284‐acre property
BACKGROUND & PROPOSAL
This case involves two parcels totaling 2.056‐acres of a larger 2.284‐acre property located on the northeast
corner of Gulf to Bay Boulevard and South Saturn Avenue. The property is owned by St. Paul’s Lutheran
Church, Inc. The largest parcel fronting Gulf to Bay Boulevard is currently occupied by a place of worship
containing three structures, and the parcels to the north contain the associated parking. The request is to
change the Zoning Atlas designation of the large parcel fronting Gulf to Bay Boulevard and the parcel to the
northwest containing a portion of the parking lot from Institutional (I) to Commercial (C). A Future Land Use
Map Amendment application (LUP2024‐02001) is also being processed concurrently with this case.
The earliest structure was constructed in 1957 and is located along the northwest corner of the larger parcel
that fronts Gulf to Bay Boulevard. A two‐story building was constructed in 1958 and is adjoined to the original
structure to the east. The third structure was constructed in 1970 and is adjoined to and sits south of the
original 1957 structure. In total, the three structures contain just over 25,000 square feet of building area.
Ownership of the property was originally transferred to St. Paul’s Lutheran Church in 1963. This deed
included the two parcels currently used as parking, and the northern half of the larger parcel which contained
the two structures constructed in 1957 and 1958, respectively. In 1967, the entirety of the three parcels were
under the same ownership when the church purchased the southern half of the larger parcel.
Should this proposed amendment be approved, the existing place of worship would become a
nonconforming use, as this use is not permitted within the Commercial (C) District. The use would be able to
remain as a nonconforming use and permitted to make any repairs or maintenance as necessary but would
Community Development Board – May 21, 2024
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not be permitted to expand. It is anticipated that upon approval of the amendment, St. Paul’s Lutheran
Church, Inc. will be merging with another congregation in the city and the property would be sold. The
applicants have indicated the future use to be commercial; however, a specific use has not been determined
at this time. Site plans are not required to be submitted as part of, or in conjunction with, a Zoning Atlas
Amendment application. Further, no conditions of uses can be placed on a Zoning Atlas Amendment.
The requested amendment to the Commercial (C) District is consistent with the surrounding parcels and
would allow for future development that is compatible with surrounding uses and is appropriate to be
located along Gulf to Bay Boulevard. The applicant understands all necessary approvals and permits must be
obtained before development of the subject site occurs.
VICINITY CHARACTERISTICS
Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its
surroundings.
Map 1
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Map 2
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Map 3 shows the existing surrounding uses which are a mix of residential and commercial as is typical in the
blocks north and south of the Gulf to Bay Boulevard corridor in this area. The properties to the north abutting
the amendment area, along with properties to the west/northwest across South Saturn Avenue and
east/northeast across South Mars Avenue, consist of attached dwellings. Further to the northeast, are city‐
owned parcels consisting of a small park. Further to the north, across Rainbow Drive, are single family
detached dwellings. Properties to the west, across South Saturn Avenue, consist of small retail sales and
motel uses, and to the east across South Mars Avenue are a restaurant and office. Further east, parcels
owned by Pinellas County are utilized as Keene Road right‐of‐way. To the southwest, across Gulf to Bay
Boulevard are a motel and automobile sales uses. To the southeast across Gulf to Bay Boulevard are an
automobile service use and a standalone retail sales use.
Map 3
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As shown on Map 4, the Zoning Atlas designation abutting the amendment area to the north is the
Commercial (C) District. Additionally, all parcels to the west across South Saturn Avenue, to the south,
southwest, and southeast across Gulf to Bay Boulevard, and to the east of the largest parcel across South
Mars Avenue, are also Commercial (C). To the northeast, across South Mars Avenue, the Zoning Atlas
designation is High Density Residential (HDR).
Map 4
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REVIEW CRITERIA
Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations
[Section 4‐602.F.1]
Recommended Findings of Fact:
Applicable objectives and policies of Clearwater 2045, the Clearwater Comprehensive Plan, that support the
proposed amendment include:
Policy QP 5.1.1 Recognize the consistency between the countywide future land use categories, the city’s
future land use categories, and the city’s zoning district as shown in Table QP 1. Future Land Use Categories.
Policy QP 5.2.7 Ensure proposed amendments will not create uses, densities, or intensities that are
incompatible with the surrounding neighborhood or any applicable special area or redevelopment plans.
Policy M 1.1.5 Continue implementation of the current Mobility Management System, including the
multimodal impact fee, through the Community Development Code (CDC) to generate funding for
multimodal mobility improvements.
Applicable section of the Community Development Code which is applicable to the proposed amendment:
Division 7. Commercial District, Section 2‐701. Intent and Purpose. The intent and purpose of the Commercial
District is to provide the citizens of the City of Clearwater with convenient access to goods and services
throughout the city without adversely impacting the integrity of residential neighborhoods, diminishing the
scenic quality of the city or negatively impacting the safe and efficient movement of people and things within
the City of Clearwater.
Recommended Conclusions of Law:
The request is consistent with the goals, objectives, and policies of Clearwater 2045, the Clearwater
Comprehensive Plan and furthers said plan and the Community Development Code. The proposed
Commercial (C) District is compatible with the Commercial (C) District that exists abutting to the north, across
South Saturn Avenue to the west, across South Mars Avenue to the east, and across Gulf to Bay Boulevard
to the south. Additionally, it is compatible with the High Density Residential (HDR) District that exists to the
northeast. Rainbow Drive provides a transitional separation from the Commercial (C) District to the south to
the Low Medium Density Residential (LMDR) District further to the north, which provides greater
compatibility with the surrounding neighborhood. Any future trips generated would be reviewed at the time
of site plan review in accordance with the Mobility Management System. In addition, the proposal does not
degrade the level of service for public facilities below the adopted standards (a detailed public facilities
analysis follows in this report).
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Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4‐602.F.2, 4‐
602.F.3 and Section 4‐602.F.4]
Recommended Findings of Fact:
The proposed amendment area is currently utilized as St. Paul’s Lutheran Church and associated parking and
has a zoning designation of Institutional (I). Adjacent to the north, across South Saturn Avenue to the
northwest, and across South Mars Avenue to the northeast are attached dwellings. Further to the northeast
is a small park at the southeast corner of South Mars Avenue and Rainbow Drive. To the west, across South
Saturn Avenue, are a small retail shop and a motel, and to the east across South Mars Avenue are a restaurant
and an office. To the south, southwest, and southeast, across Gulf to Bay Boulevard, are a motel, automobile
sales, automobile service, and standalone retail sales, respectively.
Recommended Conclusions of Law:
The proposed Commercial (C) Zoning District, which primarily permits nonresidential development and
overnight accommodation uses, is consistent with the surrounding properties and character of the
neighborhood. Gulf to Bay Boulevard is a principal arterial road and is the main east/west commercial
corridor through the city, and nonresidential uses are appropriate and encouraged to locate along such
corridors. The existing attached dwellings to the north provide a transition from the higher intensity uses
along Gulf to Bay Boulevard to the single family detached dwellings further north across Rainbow Drive.
While the existing place of worship use would become a nonconforming use, with this proposed amendment,
it would be permitted to exist at its current size but would not be permitted to expand.
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Sufficiency of Public Facilities [Section 4‐602.F.5]
Recommended Findings of Fact:
Even though this is a Zoning Atlas Amendment application, maximum development potential is based on the
underlying future land use, so to assess the sufficiency of public facilities needed to support potential
development on the amendment area, the maximum development potential under the existing and
proposed city Future Land Use Map designations were analyzed.
Table 1. Development Potential for Existing & Proposed FLUM Designations
Existing FLUM
Designation
“I”
Proposed FLUM
Designation
“CG”
Net Change
Site Area 2.284 AC
(99,491 SF)
2.284 AC
(99,491 SF)
Maximum
Development
Potential
0 DUs1 / 84 Beds2
0 OAUs4
64,669 SF
0.65 FAR
0 DUs1/ 0 Beds3
91 OAUs
54,720 SF
0.55 FAR
0 DUs / ‐84 Beds
+91 OAUs
‐9,949 SF
‐0.10 FAR
Notes:
1. Residential uses are not permitted in the consistent Institutional (I) or Commercial (C) Districts; therefore, the
development potential is zero.
2. Residential uses are not permitted through the consistent Institutional (I) District; however, residential
equivalent uses are permitted (3 beds per unit per acre).
3. Residential equivalent uses are not permitted in the consistent Commercial (C) District; therefore, the
development potential is zero.
4. Overnight accommodations uses are not permitted in the consistent Institutional (I) District; therefore, the
development potential is zero.
Abbreviations:
FLUM – Future Land Use Map DUs – Dwelling Units
AC – Acres OAUs – Overnight Accommodation Units
SF – Square feet FAR – Floor Area Ratio
As shown in the table, there is a decrease in nonresidential development potential of nearly 10,000 square
feet and a decrease in the number of residential equivalent development potential of 84 beds, but there is
an increase for an overnight accommodation (hotel) use of 91 units. The following analysis compares the
existing place of worship (church) use under the Institutional (I) future land use to a restaurant development
and a hotel use built to the maximum potential of the Commercial General (CG) future land use. Future
development would potentially increase the demand for public facilities, which is further detailed below;
however, since any future development would need to meet applicable zoning standards resulting in square
footages less than the maximums detailed above, the increases would likely be less than what is shown
below.
Potable Water
The change in development potential from this amendment could result in an increase in potable water use
of up to 2,961 gallons per day. This increase is determined by taking the potential potable water utilization
of the proposed land use developed with the maximum square footage permitted (5,472 gallons per day)
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and subtracting it from the usage of the existing 25,105 square foot church use (2,511 gallons per day).
Nonresidential uses utilize a percentage of the total square footage for potable water calculations, so the
utilization would be the same for both a restaurant and hotel use.
Due to future development having to meet zoning code requirements, it’s likely that the actual development
would be less than the maximum development potential of 54,720 square feet, meaning the increase in
potable water would be less than the maximum potential of 5,472 gallons per day as shown in the analysis.
The city’s current potable water demand is 11.209 million gallons per day (MGD). The city’s adopted level of
service (LOS) standard for potable water service is 100 gallons per capita per day, while the actual usage is
estimated at 76.24 gallons per capita per day (2023 Public Supply Annual Report). The city’s 10‐year Water
Supply Facilities Work Plan (2022‐2023 Planning Period), completed July 2022, indicates that based on the
updated water demand projections and other factors, the city has adequate water supply and potable water
capacity for the 10‐year planning horizon.
Wastewater (Sanitary Sewer)
The change in development potential from this amendment could result in an increase in wastewater use of
up to 2,370 gallons per day. This increase is determined by taking the potential wastewater utilization of the
proposed land use developed with the maximum square footage permitted (4,378 gallons per day) and
subtracting it from the usage of the existing 25,105 square foot church use (2,008 gallons per day).
Nonresidential uses utilize a percentage of the total square footage for wastewater calculations, so the
utilization would be the same for both a restaurant and hotel use.
Due to future development having to meet zoning code requirements, it’s likely that the actual development
would be less than the maximum development potential of 54,720 square feet, meaning the increase in
wastewater would be less than the maximum potential of 4,378 gallons per day as shown in the analysis.
The amendment area is served by the East Water Reclamation Facility, which presently operates around 2
million gallons per day. The city’s adopted LOS standard for wastewater service is 100 gallons per capita per
day, and the current operational capacity is well within its permitted capacity of 5 million gallons per day.
Therefore, there is excess wastewater capacity to serve the amendment area.
Solid Waste
The change in development potential from this amendment could result in an increase of 108.5 to 661.2 tons
per year of solid waste generated. This increase is determined by taking the utilization of the proposed land
use developed with a hotel use built at the maximum square footage permitted (128.6 tons per year) or with
a restaurant use at the maximum square footage permitted (681.3 tons per year) and subtracting it from the
existing 25,105 square foot church use (20.1 tons per year).
Due to future development having to meet zoning code requirements, it’s likely that the actual development
would be less than the maximum development potential, meaning the increase in solid waste would be less
than the maximum potential between 108.5 to 661.2 tons per year as shown in the analysis.
The city’s adopted LOS standard for solid waste service is 1.3 tons per year, or 7.12 pounds per person per
day; however, Pinellas County handles all solid waste disposal at the Pinellas County Waste‐to‐Energy Plant
Community Development Board – May 21, 2024
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and the Bridgeway Acres Sanitary Landfill, which has significant capacity. Additionally, the city provides a full‐
service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of
Bridgeway Acres. There is excess solid waste capacity to serve the amendment area.
Parkland
Under both the existing and proposed future land use, the LOS citywide for parkland will continue to exceed
the adopted LOS of 4 acres per 1,000 residents. The city is currently providing 7.95 acres of parkland per
1,000 residents. This is calculated using the total acreage of parks within the city, dividing it by the 2022
Florida Bureau of Economic and Business Research (BEBR) population estimates, and then multiplying by
1,000. Based on this impact analysis, the current provision of 7.95 acres of parkland per 1,000 would remain
unchanged [Source: Parks and Recreation Facilities Impact Fee Study, prepared by Benesch (formerly Tindale
Oliver) May 23, 2022].
Amending a property’s future land use or zoning designation does not have an immediate impact on the
city’s parks and recreation system and parkland requirements. Impacts are felt when development occurs.
This Zoning Atlas Amendment will have no additional impact on parkland.
Stormwater
Site plan approval will be required before the amendment area can be redeveloped. At that time, the
stormwater management system for the site will be required to meet all city and Southwest Florida Water
Management District stormwater management criteria.
Streets
The amendment area is located on the north side of Gulf to Bay Boulevard, approximately 350 feet west of
Keene Road and bounded by South Saturn Avenue to the west and South Mars Avenue to the east. To
evaluate potential impacts to streets, the typical traffic impacts figures (trips per day per acre) in the
Countywide Rules for the corresponding Countywide Plan Map categories (existing and proposed) are
compared. The current number of trips per day (238 trips) is calculated based on the traffic generation
numbers for a religious/civic use in the Public/Semi‐Public (P/SP) category (104 trips per day per acre), and
the proposed number of trips under the Retail & Services (R&S) category would be 989 trips (433 trips per
day per acre). This could result in an increase of 751 trips from the amendment area.
The amendment property fronts Gulf to Bay Boulevard, but access is currently provided through multiple
ingress and egress points along South Saturn and Mars Avenues. South Saturn and Mars Avenues can be
accessed from westbound Gulf to Bay Boulevard, but South Saturn Avenue can only be accessed from
eastbound Gulf to Bay Boulevard. Additionally, South Saturn and Mars Avenues intersect with Rainbow Drive,
Cleveland Street, and Drew Street, all to the north, and the grid pattern in the overall amendment area
provides for multiple means of access to the amendment property. Gulf to Bay Boulevard is a six‐lane, divided
principal arterial roadway and South Saturn and Mars Avenues are both two‐lane undivided roadways.
Since the numbers provided within the Countywide Rules for this review are aggregate trips per acre based
on multiple commercial uses, the Public Works Department’s Traffic Engineering Division will review any
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LONG RANGE PLANNING DIVISION
proposed redevelopment and provide traffic‐related comments as part of that review. The review would
address code requirements, including but not limited to, parking and loading, vehicle stacking, ingress and
egress, and the implementation of the city’s Mobility Management System.
The Mobility Management System applies to both deficient and nondeficient roadways which are
determined by operating LOS. The segment of Gulf to Bay Boulevard abutting the amendment area is
between Highland Avenue and Keene Road and is operating at a LOS C according to the 2023 Annual Level of
Service Report from Forward Pinellas making it a nondeficient roadway. Based on the number of net new
trips created, either the multimodal impact fee would be paid or, depending on the traffic impacts identified
by the city’s Traffic Engineering Division, a traffic impact study or transportation management plan could be
required in addition to the multimodal impact fee.
Recommended Conclusions of Law:
Based upon the findings of fact, the proposed amendment would increase the demand on several of the
public facilities; however, it is determined that the proposed change will not result in the degradation of the
existing levels of service for potable water, wastewater, solid waste, parkland, stormwater management, and
streets.
Location of District Boundaries [Section 4‐602.F.6]
Recommended Findings of Fact:
The location of the proposed Commercial (C) District boundaries are consistent with the legal descriptions
provided and with the boundaries on the amendment area.
Recommended Conclusions of Law:
The Commercial (C) District boundaries are appropriately drawn in regard to location and classifications of
streets, ownership lines, existing improvements, and the natural environment.
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SUMMARY & RECOMMENDATION
No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval
unless it complies with the standards contained in Section 4‐602.F, Community Development Code. Table 2
below depicts the consistency of the proposed amendment with the standards under Section 4‐602.F:
Table 2. Consistency with Community Development Code Standards for Review
CDC Section
4‐602 Standard Consistent Inconsistent
F.1 The proposed amendment is consistent with and features the
goals, policies and objectives of the Comprehensive Plan and
furthers the purposes of this Development Code and other city
ordinances and actions designed to implement the plan.
X
F.2 The available uses to which the property may be put are
appropriate to the property which is subject to the proposed
amendment and compatible with existing and planned uses in
the area.
X
F.3 The amendment does not conflict with the needs and character
of the neighborhood and the city.
X
F.4 The amendment will not adversely or unreasonably affect the
use of other property in the area.
X
F.5 The amendment will not adversely burden public facilities,
including the traffic‐carrying capacities of streets, in a
unreasonably or disproportionate manner.
X
F.6 The district boundaries are appropriately drawn with due regard
to locations and classifications of streets, ownership lanes,
existing improvements and the natural environment.
X
Based on the findings of fact and conclusions of law state above, the Planning and Development Department
recommends the following action:
Recommend APPROVAL of the Zoning Atlas Amendment from the Institutional (I) District to the Commercial
(C) District.
Prepared by Planning and Development Department Staff: ___
Kyle Brotherton
Planner II
ATTACHMENTS: Ordinance No. 9766‐24
Photographs of Site and Vicinity
Resume
Ordinance No. 9766-24
ORDINANCE NO. 9766-24 AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF SOUTH SATURN AVENUE AND GULF TO BAY BOULEVARD, WHOSE POST OFFICE ADDRESS IS 407 SOUTH SATURN
AVENUE, CLEARWATER, FLORIDA 33755, FROM
INSTITUTIONAL (I) TO COMMERCIAL (C); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's
Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. The following described property located in the City of Clearwater, Florida, is hereby rezoned as indicated, and the Zoning Atlas of the City is amended, as follows:
The map attached as Exhibit “B” is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the Zoning Atlas of the city in
accordance with the foregoing amendment. Section 3. This ordinance shall take effect contingent upon and at such time that Ordinance 9765-24 becomes effective.
Properties Zoning District
See attached Exhibit “A” for legal descriptions; From: Institutional (I) To: Commercial (C)
(REZ2024-02001)
Ordinance No. 9766-24
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”
LUP2024‐02001 and REZ2024‐02001, 407 S. Saturn Avenue, Clearwater, FL, 33755
Parcel Numbers: 14‐29‐15‐00000‐140‐1900; 14‐29‐15‐82566‐003‐0030
Legal DescripƟons:
14‐29‐15‐00000‐140‐1900
TRACT 1: That certain unplaƩed tract of land in the SE 1/4 of the NE 1/4 of SecƟon 14, Township 29 South, Range 15 East,
Pinellas County, Florida, described as follows: From the SE corner of Lot 4, Block “A”, Unit “B”, SKYCREST SUBDIVISION as
recorded in Plat Book 28, page 24, public records of Pinellas County, Florida, run West 124.91 feet along the South line of
said Lot 4, to the SW corner thereof; conƟnue West 125.0 feet along the South line of Lot 4, Block “C”, Unit “A”, SKYCREST
SUBDIVISION as recorded in Plat Book 28, page 4, public records of Pinellas County, Florida, to the SW corner of said Lot
4, Block “C”, Unit “A”; run thence South 140.0 feet along the East line of Saturn Avenue; thence East 250.0 feet along the
line parallel to said South line of Lot 4, Block “C”, Unit “A” and the South line of Lot 4, Block “A”, Unit “B” to an
intersecƟon with the West boundary of Mars Avenue; thence North 140.0 feet along the West line of Mars Avenue to
P.O.B.
TRACT 2: That part of the SE 1/4 of the NE 1/4 of SecƟon 14, Township 29 South, Range 15 East, Pinellas County, Florida,
described as follows: From the SW corner of Lot 4, Block “C”, Unit “A”, SKYCREST SUBDIVISION, as recorded in Plat Book
28, page 4, public records of Pinellas County, Florida, run Southerly 140.0 feet along the East line of Saturn Avenue to
P.O.B.; conƟnue Southerly along the East line of Saturn Avenue 140.0 feet more or less to the North line of Gulf‐to‐Bay
Boulevard; run thence East 250.0 feet more or less along the said North line of Gulf‐to‐Bay Boulevard to the West line of
Mars Avenue; thence North 140.0 feet more or less along the West side of Mars Avenue to a point measured 140.0 feet
along the West side of Mars Avenue from the SE corner of Lot 4, Block “A”, Unit “B”, SKYCREST SUBDIVISION as recorded
in Plat Book 28, page 24, public records of Pinellas County, Florida; thence West 250.0 feet more or less along a line
parallel to and 140.0 feet distant from the South line of said Lot 4, Block “A”, Unit “B” and the South line of said Lot 4,
Block “C”, Unit “A”, SKYCREST SUBDIVISION to P.O.B.
14‐29‐15‐82566‐003‐0030
Lots 3 and 4, Block “C”, Unit “A”, SKYCREST SUBDIVISION, as recorded in Plat Book 28, page 4, public records of Pinellas
County, Florida.
Exhibit “B”
PROPOSED ZONING MAP
Owner(s): St. Paul’s Lutheran Church, Inc Case: REZ2024-02001
Site: 407 South Saturn Avenue Property
Size(Acres): 2.056 (REZ)
Land Use Zoning
PIN: 14-29-15-82566-003-0030
14-29-15-00000-140-1900 From: Institutional (I) Institutional (I)
To: Commercial General
(CG) Commercial (C) Atlas Page: 288B
LOCATION MAP
Owner(s): St. Paul’s Lutheran Church, Inc Case: LUP2024-02001
REZ2024-02001
Site: 407 South Saturn Avenue Property
Size(Acres):
2.284 (LUP)
2.056 (REZ)
Land Use Zoning
PIN:
13-29-15-82584-001-0040
14-29-15-00000-140-1900
14-29-15-82566-003-0030 From: Institutional (I) Institutional (I)
To: Commercial General
(CG) Commercial (C) Atlas Page: 288B
AERIAL PHOTOGRAPH
Owner(s): St. Paul’s Lutheran Church, Inc Case: REZ2024-02001
Site: 407 South Saturn Avenue Property
Size(Acres): 2.056 (REZ)
Land Use Zoning
PIN: 14-29-15-82566-003-0030
14-29-15-00000-140-1900 From: Institutional (I) Institutional (I)
To: Commercial General
(CG) Commercial (C) Atlas Page: 288B
EXISTING SURROUNDING USES MAP
Owner(s): St. Paul’s Lutheran Church, Inc Case: REZ2024-02001
Site: 407 South Saturn Avenue Property
Size(Acres): 2.056 (REZ)
Land Use Zoning
PIN: 14-29-15-82566-003-0030
14-29-15-00000-140-1900 From: Institutional (I) Institutional (I)
To: Commercial General
(CG) Commercial (C) Atlas Page: 288B Right-of-Way Park
Motel
Retail Sales
Single
Family
Detached
Dwellings
Single
Family
Detached
Dwellings
Attached
Dwellings
Attached
Dwellings Automobile Sales Retail
Sales Automobile Service Motel Attached Dwellings Restaurant
Office
LUP2024-02001/REZ2024-02001
St. Paul’s Lutheran Church, Inc.
407 S Saturn Avenue
View looking east at the subject property, 407 S Saturn
Avenue
View looking west at the subject property
View looking northwest at the subject property
Adjacent to the north of the subject property from S Saturn
Avenue
View looking northeast at the subject property
Adjacent to the north of the subject property from S Mars
Avenue
LUP2024-02001/REZ2024-02001
St. Paul’s Lutheran Church, Inc.
407 S Saturn Avenue
View looking northeast at the subject property from Gulf to
Bay Boulevard
View looking northwest at the subject property from Gulf to
Bay Boulevard
Across S Mars Avenue to the east
Across S Saturn Avenue to the west
Across S Mars Avenue to the east
Across S Saturn Avenue to the west
LUP2024-02001/REZ2024-02001
St. Paul’s Lutheran Church, Inc.
407 S Saturn Avenue
View looking northerly along S Saturn Avenue View looking southerly along S Saturn Avenue
View looking southerly along S Mars Avenue
View looking easterly along Gulf to Bay Boulevard
View looking northerly along S Mars Avenue
View looking westerly along Gulf to Bay Boulevard
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9767-24 2nd Rdg
Agenda Date: 7/15/2024 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: City Attorney
Agenda Number: 7.4
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9767-24 on second reading, vacating a 5-foot portion of a 10-foot drainage
utility easement located at 1317 Melonwood Avenue, Clearwater as shown on Exhibit A and
further defined as the Westerly 5 feet of a rear drainage utility easement in Lot 10, Block 4,
Woodvalley Unit No. 5, a subdivision according to Plat Book 68, Page 32, in the Public Records
of Pinellas County, Florida.
SUMMARY:
The current northern drainage utility easement is 10 feet in width.
The proposed 5-foot W portion of the 10-foot N easement is proposed to be vacated to
accommodate a pool and deck installation.
There are no other utilities within this vacated area.
City staff have reviewed and approved this request.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
STRATEGIC PRIORITY: N/A
Page 1 City of Clearwater Printed on 7/9/2024
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MELONWOOD AVEMISSION DR WDocument Path: C:\Users\Michael.Koter\City of Clearwater\Engineering Geographic Technology - Location Maps\1317 Melonwood Easement Vacation\1317_Melonwood_Prop_Vacation_Easement\1317_Melonwood_Prop_Vacation_Easement - Copy.aprx
Prepared by:Department of Public Works - EngineeringGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page: 1 of 1Aerial Flown 2023
VAC2024-07
Proposed Drainage/Utility Easement Vacation
1317 Melonwood Ave
N.T.S.Scale:MDMap Gen By:RKReviewed By:4/11/2024Date:
AERIAL MAP
Legend
Proposed Easement
Vacation
Drainage/Utility
Easement
10'
5'
Exhibit "A"
ORDINANCE# 9767-24
VAC2024-07 – 1317 Melonwood Ave, Clearwater, FL 33759
PARCEL ID# 08-29-16-99103-004-0100
FIRST READING: MAY 16, 2024
SECOND READING: JUNE 6, 2024
DESCRIPTION: VACATION OF A 5’ FOOT PORTION OF A DRAINAGE UTILITY
EASEMENT.
Approve to vacate a 5’ foot portion of a drainage utility easement located at 1317 Melonwood
Ave, Clearwater as shown on Exhibit “A” and as further defined the Westerly 5’ feet of a rear
drainage utility easement in Lot 10, Block 4, Woodvalley Unit No. 5, a subdivision according to
a recorded Plat Book 68, Page 32, in the Public Records of Pinellas County, Florida, and pass
Ordinance 9767-24 on first reading.
APPLICANT NAME:
Eisen Jover
1317 Melonwood Ave
Clearwater, FL 33759
AFFECTED PROPERTY ADDRESS:
1317 Melonwood Ave
Clearwater, FL 33759
APPLICANT MAILING ADDRESS:
110 S MYRTLE AVE
CLEARWATER, FL 33756
ATTN: ROBERT J. KASMER PW/E.
ADJACENT PROPERTY OWNERS
Ronald Johnson
1325 Melonwood Ave
Clearwater, FL 33759
Jessee Martin
2916 Edenwood St
Clearwater, FL 33759
Bruce Moir
2912 Edenwood St
Clearwater, FL 33759
Tammy Adams
2908 Edenwood St
Clearwater, FL 33759
Elaiza Rivera
2904 Edenwood St
Clearwater, FL 33759
Gail Reviere
2900 Edenwood St
Clearwater, FL 33759
Charles Hart
1317 Kingswood Dr
Clearwater, FL 33759
Juan Quintero
1316 Melonwood Ave
Clearwater, FL 33759
Laura Dempsey
1308 Melonwood Ave
Clearwater, FL 33759
Maria Segui
1309 Kingswood Dr
Clearwater, FL 33759
Dennia Beeker
1301 Kingswood Dr
Clearwater, FL 33759
Nabor Quiahua
1300 Melonwood Ave
Clearwater, FL 33759
Richard Janiak
1233 Kingswood Dr
Clearwater, FL 33759
Willie Vidal
1224 Melonwood Ave
Clearwater, FL 33759
Eddie Wilburn
1216 Melonwood Ave
Clearwater, FL 33759
Thongsoun Saysomvag
1309 Melonwood Ave
Clearwater, FL 33759
David Cunningham
1301 Melonwood Ave
Clearwater, FL 33759
Joseph Raffo
1225 Melonwood Ave
Clearwater, FL 33759
Ella Curtis
1217 Melonwood Ave
Clearwater, FL 33759
Felliciano Escamilla
1209 Melonweed Ave
Clearwater, FL 33759
RECORDED PLAT BOOK 68, PAGE 32,
ORDINANCE NO. 9767-24
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING A 5’ FOOT PORTION OF
A 10' FOOT DRAINAGE UTILITY EASEMENT AS
SHOWN ON EXHIBIT “A” AND FURTHER DEFINED AS
THE WESTERLY 5’ FEET OF A REAR DRAINAGE
UTILITY EASEMENT IN LOT 10, BLOCK 4,
WOODVALLEY UNIT NO. 5, A SUBDIVISION
ACCORDING TO PLAT BOOK 68, PAGE 32 AS
RECORDED IN THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Eisen Jover is the owner in fee simple title of real property located at
1317 Melonwood Ave, Clearwater, FL 33759, to which have requested the City to vacate said
easement located therein; and
WHEREAS, the City Council of the City of Clearwater, Florida finds this portion of the
easement not necessary for municipal use, and it is deemed to be in the best interest of the
City and the general public that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. The following:
This easement is further described as follows:
See Exhibit "A"
Is hereby vacated, closed, and released, and the City of Clearwater releases all rights, title, and
interest thereto, however, this vacation is in no way intended to impact the City's ownership
of the remaining portion of the easement, which is reserved and remains unaffected by this
vacation.
Section 2. The City Clerk shall record this ordinance in the Public Records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
1
Ordinance No. 9767-24
(Signature Page Follows)
Bruce Rector
Mayor
Approved as to form:
Jerrod Simpson
Senior Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
2
Ordinance No. 9767-24
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9768-24 2nd Rdg
Agenda Date: 7/15/2024 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: City Attorney
Agenda Number: 7.5
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9768-24 on second reading, vacating a 10-foot utility easement by request of
the Landowner at 1760 Catherine Drive, Clearwater as shown on Exhibit A further defined the
South 5-foot utility easement of Lot 31, Block C, and the North 5’ foot utility easement, of Lot 32,
Block C, as recorded in Plat Book 66 Page 16, Sall’s Lake Park, of the Public Records of
Pinellas County, Florida.
SUMMARY:
Page 1 City of Clearwater Printed on 7/9/2024
CLEARWATER
Prepared by: Department of Public Works -Engineering Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com
AERIAL MAP
VAC2024-06
Proposed Utility Easement Vacation
1760 Catherine Drive
Map Gen By: KF Reviewed By: RK Aerial Flown 2022 Date: 2/8/2023 Page: 1 of 1
s
Scale: N.T.S.
Document Path: C:\Users\Kevin.Flynn\City of Clearwater\Engineering Geographic Technology -Documents\GIS\Engineering\Location Maps\VAC2023-1760\VAC2023-1760.aprx
ORDINANCE# 9768-24
VAC2024-06 – 1760 Catherine Dr, Clearwater, FL 33759
PARCEL ID# 05-29-16-78577-003-0310
FIRST READING: MAY 16, 2024
SECOND READING: JUNE 6, 2024
DESCRIPTION: VACATING A 10’ FOOT UTILITY EASEMENT.
Approve to vacate a 10’ foot utility easement located at 1760 Catherine Drive, Clearwater as
shown on Exhibit’s “A” & “B” and further defined as the South 5’ foot utility easement of Lot 31,
Block C, less the West 10’ feet, and the North 5’ foot utility easement, of Lot 32, Block C, less
the West 10’ feet, as recorded in Plat Book 66 Page 16, Sall’s Lake Park, of the Public Records
of Pinellas County, Florida, and pass Ordinance 9768-24 on first reading.
APPLICANT NAME:
AnnMarie Maier
1760 Catherine Dr
Clearwater, FL 33759
AFFECTED PROPERTY ADDRESS:
1760 Catherine Dr
Clearwater, FL 33759
APPLICANT MAILING ADDRESS:
110 S MYRTLE AVE
CLEARWATER, FL 33756
ATTN: ROBERT J. KASMER PW/E.
ADJACENT PROPERTY OWNERS
Richard Fischer
1768 Catherine Dr
Clearwater, FL 33759
Robert Belfsky
1756 Catherine dr
Clearwater, FL 33759
Greg Graham
1752 Catherine Dr
Clearwater, FL 33759
Filadelfo Bertrand
1748 Catherine Dr
Clearwater, FL 33759
Nicholas Ruiz
1744 Catherine Dr
Clearwater, FL 33759
Victor Miranda
1740 Catherine Dr
Clearwater, FL 33759
Melissa Geiger
1749 Catherine Dr
Clearwater, FL 33759
Angelo Randazzo
2851 Sarah Dr
Clearwater, FL 33759
Private Owner
2850 Sarah Dr
Clearwater, FL 33759
Philip Hoffman
1767 Catherine Dr
Clearwater, FL 33759
Kent Baumgartner
2843 St Croix Dr
Clearwater, FL 33759
Scott Sudbury
1773 St Anthony Rd
Clearwater, FL 33759
Fanor Montoya
1767 St Anthony Dr
Clearwater, FL 33759
Karen Townsend
1761 St Anthony Dr
Clearwater, FL 33759
Jonathan Fitts
1755 St Anthony Dr
Clearwater, FL 33759
Richard Manolan
1751 St Anthony Dr
Clearwater, FL 33759
ORDINANCE NO. 9768-24
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING A 10’ FOOT UTILITY EASEMENT AS
SHOWN ON EXHIBIT “A” AS FURTHER DEFINED THE
SOUTH 5’ FOOT UTILITY EASEMENT OF LOT 32, BLOCK
C, AND THE NORTH 5’ FOOT UTILITY EASEMENT, OF
LOT 31, BLOCK C, SALL’S LAKE PARK, AS RECORDED IN
PLAT BOOK 66, PAGE 16, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, AnnMarie Maier is the owner in fee simple title of real property located
at 1760 Catherine Drive, Clearwater, FL 33759, to which have requested the City to vacate
said easement located therein: and
WHEREAS, the City Council of the City of Clearwater, Florida finds this easement not
necessary for municipal use, and it is deemed to be in the best interest of the City and the
general public that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. The following:
This easement is further described as follows:
See Exhibit "A"
Is hereby vacated, closed, and released, and the City of Clearwater releases all rights, title, and
interest thereto.
Section 2. The City Clerk shall record this ordinance in the Public Records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
1
Ordinance No. 9768-24
(Signature Page Follows)
Bruce Rector
Mayor
Approved as to form:
Jerrod Simpson
Senior Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
2
Ordinance No. 9768-24
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9771-24
Agenda Date: 7/15/2024 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: City Council
Agenda Number: 7.6
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9771-24 on second reading and amend the City’s fiscal year 2023/24
operating budget at mid-year.
Page 1 City of Clearwater Printed on 7/9/2024
Ordinance #9771-24
ORDINANCE NO. 9771-24
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2024 TO REFLECT INCREASES AND
DECREASES IN REVENUES AND EXPENDITURES FOR THE
GENERAL FUND, WATER & SEWER FUND, GAS FUND, SOLID
WASTE & RECYCLING FUND, PARKING FUND, AND SPECIAL
PROGRAM FUND AS PROVIDED HEREIN; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the budget for the fiscal year ending September 30, 2024, for operating
purposes, including debt service, was adopted by Ordinance No. 9714-23; and
WHEREAS, at mid-year review it was found that an increase of $1,672,248 is
necessary for revenues and an increase of $1,672,248 is necessary for expenditures; and
WHEREAS, a summary of the amended revenues and expenditures is attached
hereto and marked Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to
provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergencies arising during the fiscal
year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 1 of Ordinance No. 9714-23 is amended to read:
Pursuant to the Amended City Manager's Annual Report and estimate for the
fiscal year beginning October 1, 2023 and ending September 30, 2024 a copy,
of which is on file with the City Clerk, the City Council hereby adopts an
amended budget for the operation of the City, a copy of which is attached
hereto as Exhibit A.
Ordinance #9771-24
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _________________________
PASSED ON SECOND AND FINAL _________________________
READING AND ADOPTED
_______________________________
Bruce Rector, Mayor
Approved as to form: Attest:
_______________________________ ________________________________
David Margolis, City Attorney Rosemarie Call, City Clerk
EXHIBIT A EXHIBIT A
2023-24 BUDGET REVENUE 2023-24 BUDGET REVENUE
First
Quarter Mid-Year
Budgeted Amended Amended
Revenues Budget Budget
2023/24 2023/24 2023/24 Amendments
General Fund:
Ad Valorem Taxes 90,683,430 90,683,430 90,683,430 -
Utility Taxes 18,655,000 18,655,000 18,655,000 -
Local Option, Fuel & Other Taxes 6,300,000 6,300,000 6,300,000 -
Franchise Fees 11,220,000 11,220,000 11,220,000 -
Other Permits & Fees 3,934,500 3,934,500 3,934,500 -
Intergovernmental Revenues 29,859,340 29,859,340 29,859,340
Charges for Services 17,368,355 17,368,355 17,368,355 -
Judgments, Fines & Forfeitures 1,384,000 1,384,000 1,384,000 -
Miscellaneous Revenues 6,718,020 6,718,020 6,718,020 -
Transfers In 13,335,875 13,371,387 13,371,387 -
Transfer (to) from Reserves -3,679,163 3,714,383 35,220
Total, General Fund 199,458,520 203,173,195 203,208,415 35,220
Special Revenue Funds:
Special Development Fund 33,047,750 33,667,750 33,667,750 -
Special Program Fund 1,953,217 7,381,295 8,696,988 1,315,693
Local Housing Asst Trust Fund 1,660,579 1,660,579 1,660,579 -
Utility & Other Enterprise Funds:
Water & Sewer Fund 114,894,840 115,754,540 115,754,540 -
Stormwater Utility Fund 18,684,120 18,828,168 18,828,168 -
Solid Waste & Recycling Fund 36,353,830 36,526,915 36,730,915 204,000
Gas Fund 53,733,140 53,988,284 53,988,284 -
Airpark Fund 262,000 263,325 263,325 -
Marine Fund 7,007,270 7,052,428 7,052,428 -
Clearwater Harbor Marina 1,136,500 1,154,731 1,154,731 -
Parking Fund 22,486,780 22,582,742 22,700,077 117,335
Internal Service Funds:
Administrative Services Fund 17,398,400 17,727,386 17,727,386 -
General Services Fund 7,355,520 7,458,991 7,458,991 -
Garage Fund 19,602,010 19,815,382 19,815,382 -
Central Insurance Fund 38,477,320 38,509,173 38,509,173 -
Total, All Funds 573,511,796 585,544,884 587,217,132 1,672,248
Ordinance #9771-24
EXHIBIT A (Continued)EXHIBIT A (Continued)
2023-24 BUDGET EXPENDITURES 2023-24 BUDGET EXPENDITURES
First
Quarter Mid-Year
Original Amended Amended
Budget Budget Budget
2023/24 2023/24 2023/24 Amendments
General Fund:
City Council 553,197 554,449 589,669 35,220
City Manager's Office 1,085,258 1,652,115 1,652,115 -
City Attorney's Office 2,488,743 2,514,815 2,514,815 -
City Audit 461,573 465,979 465,979 -
City Clerk 1,420,406 1,455,668 1,455,668 -
CRA Administration 982,526 1,005,330 1,005,330 -
Economic Development & Housing 2,146,301 2,200,993 2,200,993 -
Finance 3,142,043 3,296,999 3,296,999 -
Fire 35,243,722 35,448,742 35,448,742 -
Human Resources 2,181,218 2,254,202 2,254,202 -
Library 9,110,053 9,391,098 9,391,098 -
Non-Departmental 12,725,240 13,599,025 13,599,025 -
Office of Innovation 1,003,260 335,293 335,293 -
Parks & Recreation 44,790,781 45,609,955 45,609,955 -
Planning & Development 8,577,878 8,875,995 8,875,995 -
Police 56,780,344 57,203,994 57,203,994 -
Public Communications 1,761,372 1,811,572 1,811,572 -
Public Utilities 445,580 445,580 445,580 -
Public Works 14,559,025 15,051,391 15,051,391 -
Total, General Fund 199,458,520 203,173,195 203,208,415 35,220
Special Revenue Funds:
Special Development Fund 32,097,750 32,717,750 32,717,750 -
Special Program Fund 1,474,217 6,902,295 8,217,988 1,315,693
Local Housing Asst Trust Fund 1,660,579 1,660,579 1,660,579 -
Utility & Other Enterprise Funds:
Water & Sewer Fund 114,894,840 115,754,540 115,754,540 -
Stormwater Utility Fund 17,685,150 17,829,198 17,829,198 -
Solid Waste & Recycling Fund 36,353,830 36,526,915 36,730,915 204,000
Gas Fund 53,733,140 53,988,284 53,988,284 -
Airpark Fund 173,760 187,925 187,925 -
Marine Fund 7,007,270 7,052,428 7,052,428 -
Clearwater Harbor Marina 1,130,850 1,149,081 1,149,081 -
Parking Fund 22,486,780 22,582,742 22,700,077 117,335
Internal Service Funds:
Administrative Services Fund 17,260,770 17,589,756 17,589,756 -
General Services Fund 7,306,030 7,409,501 7,409,501 -
Garage Fund 19,602,010 19,815,382 19,815,382 -
Central Insurance Fund 38,473,130 38,504,983 38,504,983 -
Total, All Funds 570,798,626 582,844,554 584,516,802 1,672,248
Ordinance #9771-24
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9772-24
Agenda Date: 7/15/2024 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: City Council
Agenda Number: 7.7
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9772-24 on second reading and amend the City’s fiscal year 2023/24 capital
improvement budget at mid-year.
Page 1 City of Clearwater Printed on 7/9/2024
Ordinance #9772-24
ORDINANCE NO. 9772-24
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CAPITAL IMPROVEMENT
BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2024, TO REFLECT AN INCREASE OF $1,100,109
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Budget for the fiscal year ending
September 30, 2024 was adopted by Ordinance No. 9715-23; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to
provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergencies arising during the
fiscal year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 1 of Ordinance No. 9715-23 is amended to read:
Pursuant to the Mid-Year Amended Capital Improvement Program
Report and estimated budget for the fiscal year beginning October 1, 2023,
and ending September 30, 2024, a copy of which is on file with the City
Clerk, the City Council hereby adopts a Mid-Year Amended budget for the
capital improvement fund for the City of Clearwater, a copy of which is
attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Bruce Rector, Mayor
Approved as to form: Attest:
______________________________ ____________________________
David Margolis, City Attorney Rosemarie Call, City Clerk
First Qtr.Mid-Year
Original Amended Amended
Budget Budget Budget
2023/24 2023/24 2023/24 Amendments
Other General Government 22,363,700 23,123,669 22,963,494 (160,175)
Police Protection 355,000 380,890 380,890 -
Fire Protection 1,006,030 2,857,147 3,235,659 378,511
Fire Rescue Services 593,000 607,000 618,006 11,006
Gas Utility Services 12,725,000 12,877,689 12,966,792 89,103
Solid Waste Services 7,200,000 7,200,000 7,200,000 -
Water-Sewer Services 40,427,330 41,342,792 39,729,220 (1,613,571)
Flood Protection/Stormwater Mgmt 5,942,140 5,424,696 7,338,451 1,913,755
Other Physical Environment 4,420,980 4,440,980 3,463,540 (977,440)
Road and Street Facilities 14,177,970 13,850,712 14,309,632 458,921
Airports 3,065,000 4,029,200 4,029,200 -
Water Transportation Systems 150,000 150,000 1,150,000 1,000,000
Parking Facilities 13,909,000 14,036,644 14,036,644 -
Other Transportation 70,000 70,000 70,000 -
Other Economic Environment - 1,154,763 1,154,763 -
Libraries 110,000 110,000 110,000 -
Parks & Recreation 4,455,000 5,358,250 5,358,250 -
Cultural Services 40,000 40,000 40,000 -
Special Recreation Facilities 22,375,530 22,682,262 22,682,262 -
TOTAL PROJECT EXPENDITURES 153,385,680 159,736,693 160,836,802 1,100,109
GENERAL SOURCES:
General Operating Revenue 16,456,290 17,350,075 17,350,075 -
Penny for Pinellas 24,994,030 24,994,030 24,994,030 -
Road Millage 4,536,570 4,536,570 4,536,570 -
Local Option Gas Tax 1,427,150 1,427,150 1,427,150 -
Grants 1,656,000 2,447,775 3,447,775 1,000,000
County Fire Reimbursements 387,780 1,517,780 1,528,786 11,006
Other Governmental - 302,106 302,106 -
Special revenue Funds - 1,438,013 1,438,013 -
Multi-Modal Impact Fee 1,140,000 1,140,000 1,140,000 -
Open Space Impact Fee - 620,000 620,000 -
Donations 150,000 150,000 150,000 -
Other - 37,195 37,195 -
Reimbursements 1,515,000 1,541,759 1,541,759 -
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2023/24
Ordinance # 9772-24
First Qtr.Mid-Year
Original Amended Amended
Budget Budget Budget
2023/24 2023/24 2023/24 Amendments
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2023/24
SELF SUPPORTING FUNDS:
Parking Revenue 14,025,000 14,152,644 14,152,644 -
Marine Revenue 1,150,000 1,152,500 1,152,500 -
Clearwater Harbor Marina Revenue 175,000 177,126 177,126 -
Airpark Revenue 35,000 227,840 227,840 -
Water Revenue 17,583,790 17,583,790 17,583,790 -
Sewer Revenue 14,308,780 14,308,780 14,308,780 -
Utility R&R 13,816,850 13,816,850 13,816,850
Water Impact Fees 160,000 160,000 160,000 -
Sewer Impact Fees 50,000 50,000 50,000 -
Stormwater Utility Revenue 7,639,740 7,683,740 7,683,740 -
Gas Revenue 12,725,000 12,877,689 12,966,792 89,103
Solid Waste Revenue 7,200,000 7,200,000 7,200,000 -
INTERNAL SERVICE FUNDS:
Garage Revenue 429,500 590,930 590,930 -
Administrative Services Revenue 1,475,000 1,475,000 1,475,000 -
General Services Revenue 100,000 100,000 100,000 -
Central Insurance Revenue 175,000 175,000 175,000 -
-
BORROWING - INTERNAL SERVICE FUNDS:
Lease Purchase - Garage 9,624,200 10,052,352 10,052,352 -
Lease Purchase - Administrative Services 450,000 450,000 450,000 -
TOTAL ALL FUNDING SOURCES:153,385,680 159,736,693 160,836,802 1,100,109
Ordinance # 9772-24
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