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07/29/2024Monday, July 29, 2024 1:30 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Council Work Session Work Session Agenda July 29, 2024Council Work Session Work Session Agenda 1. Call to Order 2. Presentations 3. Finance Single Audit Report for Fiscal Year 2023 (WSO)3.1 4. Economic Development and Housing Approve the City of Clearwater’s FY2024/2025 Annual Action Plan, which is the fifth and final Action Plan of the FY2020/2021 - FY2024/2025 Consolidated Plan, to implement the goals and objectives set forth in the Consolidated Plan and authorize the appropriate officials to enter into agreements with HUD and organizations approved for funding, together with authorization to execute administrative adjustments to same as needed. (APH) 4.1 Approve the First Amendment to Contract for Sale of City-Owned Vacant Land between the City of Clearwater and Habitat for Humanity of Pinellas County, Inc./Clearwater Neighborhood Housing Services, Inc. for real property located at 1454 South Martin Luther King Jr. Avenue and authorize the appropriate officials to execute same. (consent) 4.2 5. General Services Authorize a purchase order to W.W. Grainger of Lake Forest, IL., for citywide purchases of maintenance, repair, and operating supplies in the not to exceed amount of $1,700,000.00, from August 1, 2024 through November 8, 2026, with two, one-year renewal options of $800,000.00 per year, per Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback purchasing, and authorize the appropriate officials to execute same. (consent) 5.1 Declare list of vehicles and equipment surplus and authorize disposal through auction pursuant to Clearwater Code Sections 2.623(6) and (8) and authorize the appropriate officials to execute same. (consent) 5.2 6. Planning Update to the City’s Implementation of the Live Local Act’s zoning preemptions. (WSO) 6.1 Presentation on the Downtown Sign Code. (WSO)6.2 7. Public Works Page 2 City of Clearwater Printed on 7/23/2024 July 29, 2024Council Work Session Work Session Agenda Approve a purchase order to ArborPro Inc., of Yorba Linda, CA, for Tree Assessment/Inventory Survey, on a unit price basis, in the cumulative amount of $200,000.00 for a five-year term beginning October 1, 2024 through September 30, 2029, pursuant to Invitation to Bid 27-24 and authorize the appropriate officials to execute same. (consent) 7.1 8. Public Utilities Authorize a purchase order to ICON Supply, Inc. of Tampa FL for the purchase of Yaskawa Variable Frequency Drives in the annual not-to-exceed amount of $200,000.00 for term July 16, 2024 through July 15, 2025, with two, one-year renewals at the City’s discretion pursuant to ITB 42-24 and authorize the appropriate officials to execute same. (consent) 8.1 Approve a purchase order to Ferguson Enterprises, LLC of Tampa, FL for Neptune Ultrasonic Meters in the not-to-exceed amount of $278,000.00 for the term of August 20, 2024 through August 19, 2025, pursuant to Clearwater Code of Ordinances Sections 2.563(1)(d), impractical to bid, and 2.563(1)(c), piggyback purchasing, and authorize the appropriate officials to execute the same. (consent) 8.2 9. Solid Waste Authorize an assignment of a purchase order from Angelo’s Aggregate Materials LTD dba Angelo’s Recycled Materials (Angelo’s) to Wrangler Holdco Corp dba GFL Solid Waste Southeast LLC (GFL SWS) of St. Petersburg, FL for Yard Waste, Class III Waste, and Construction Demolition Debris Disposal, approve an additional two-year renewal option in the amount of $2,300,000.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Cooperative purchasing and authorize the appropriate officials to execute same. (consent) 9.1 Authorize purchase orders to Wastequip Manufacturing Company LLC, of Charlotte, NC, and Wazobia Global LLC, of Orlando, FL, to provide front load containers in a cumulative not to exceed amount of $250,000.00, from September 1, 2024 through August 31, 2025, with two, one-year renewal options at the City’s discretion pursuant to Invitation to Bid (ITB) No. 39-24, Front Load Containers, and authorize the appropriate officials to execute same. (consent) 9.2 10. City Clerk Cancel the October 14, 2024 work session and the October 16, 2024 council meeting. (consent) 10.1 11. City Attorney Page 3 City of Clearwater Printed on 7/23/2024 July 29, 2024Council Work Session Work Session Agenda Approve a feasibility study with NewGen in a not-to-exceed amount up to $504,000. 11.1 Adopt Ordinance 9773-24 on second reading, amending 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. 11.2 12. City Manager Verbal Reports 13. City Attorney Verbal Reports 14. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 15. Closing Comments by Mayor 16. Adjourn 17. Presentation(s) for Council Meeting Diversity Poster Contest Presentation - Karen Swafford, H.R. Diversity Manager; Michelle Sheldon, H.R. Analyst 17.1 US Coast Guard Appreciation Month Proclamation, August 202417.2 End of Session Report - Representative Berfield17.3 End of State Session Report - Peter Dunbar and Martha Edenfield, Jones Walker Law Firm 17.4 Page 4 City of Clearwater Printed on 7/23/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0859 Agenda Date: 7/29/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Single Audit Report for Fiscal Year 2023 (WSO) SUMMARY: When the City’s external auditors presented the City’s audit for fiscal year 2023, the Single Audit was not included because it was still in process. This presentation is for the Single Audit Report only. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: 1.1 Provide evidence-based measurement tools to continually guide municipal performance and promote accountable governance. Page 1 City of Clearwater Printed on 7/23/2024 Table of Contents CITY OF CLEARWATER, FLORIDA Schedules of Expenditures of Federal Awards and State Financial Assistance and Reports as Required by the Uniform Guidance and Chapter 10.550, Rules of the Auditor General September 30, 2023 (With Independent Auditor’s Report Thereon) Table of Contents Page Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards .................................................................................... 1 Independent Auditor’s Report on Compliance for Each Major Federal Program and Major State Project; Report on Internal Control over Compliance; and Report on Schedules of Expenditures of Federal Awards and State Financial Assistance Required by the Uniform Guidance and Chapter 10.550, Rules of the Auditor General .................................................. 3 Schedule of Expenditures of Federal Awards and State Financial Assistance .............................. 7 Notes to Schedules of Expenditures of Federal Awards and State Financial Assistance .............. 9 Schedule of Findings and Questioned Costs ............................................................................... 11 Corrective Action Plan ............................................................................................................... 13 Summary of Prior Audit Findings ............................................................................................... 14 - 1 - INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Honorable Mayor and City Council Members City of Clearwater, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Clearwater, Florida (the “City”), as of and for the year ended September 30, 2023, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements and have issued our report thereon dated April 1, 2024. We have also audited the financial statements of each of the City’s nonmajor governmental funds, nonmajor enterprise funds, internal service funds, and fiduciary funds as of and for the year ended September 30, 2023. Report on Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the City of Clearwater, Florida’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified. - 2 - Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether the City of Clearwater, Florida’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Clearwater, Florida April 1, 2024 - 3 - INDEPENDENT AUDITOR’S REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM AND STATE PROJECT AND ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCE AND CHAPTER 10.550, RULES OF THE AUDITOR GENERAL To the Honorable Mayor and City Council Members City of Clearwater, Florida Report on Compliance for Each Major Federal Program and Each Major State Project Qualified and Unmodified Opinions We have audited the City of Clearwater, Florida’s (the “City”) compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement and the requirements identified as subject to audit in the State of Florida Department of Financial Services’ State Projects Compliance Supplement that could have a direct and material effect on each of the City’s major federal programs and major state projects for the year ended September 30, 2023. The City’s major federal programs and major state projects are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs. Qualified Opinion on ALN 14.218 Community Development Block Grants / Entitlement Grants In our opinion, except for the noncompliance described in the Basis for Qualified and Unmodified Opinions section of our report, the City of Clearwater, Florida complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on ALN 14.218 Community Development Block Grants / Entitlement Grants for the year ended September 30, 2023. Unmodified Opinion on Each of the Other Major Federal Programs and Major State Projects In our opinion, the City complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on each of its other major federal programs and state projects identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs for the year ended September 30, 2023. Basis for Qualified and Unmodified Opinions We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance); and Chapter 10.550, Rules of the Auditor General, Florida Single Audit Act Audits – Local Governmental Entity Audits. Our responsibilities under those standards and the Uniform Guidance and Chapter 10.550, Rules of the Auditor General, are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our qualified and unmodified - 4 - opinions on compliance for each major federal program and state project. Our audit does not provide a legal determination of City’s compliance with the compliance requirements referred to above. Matter Giving Rise to Qualified Opinion on ALN 14.218 Community Development Block Grants / Entitlement Grants As described in the accompanying schedule of findings and questioned costs, the City of Clearwater, Florida did not comply with requirements regarding ALN 14.218 Community Development Block Grants / Entitlement Grants as described in finding number 2023-001 for Reporting. Compliance with such requirements is necessary, in our opinion, for the City of Clearwater, Florida to comply with the requirements applicable to that program. Responsibilities of Management for Compliance Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules, and provisions of contracts or grant agreements applicable to City’s federal programs and state projects. Auditor’s Responsibilities for the Audit of Compliance Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards, Government Auditing Standards, the Uniform Guidance and Chapter 10.550, Rules of the Auditor General, will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about City’s compliance with the requirements of each major federal program and state project as a whole. In performing an audit in accordance with generally accepted auditing standards, Government Auditing Standards, the Uniform Guidance, and Chapter 10.550, Rules of the Auditor General, we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding City’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances. • Obtain an understanding of City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance and Chapter 10.550, Rules of the Auditor General, but not for the purpose of expressing an opinion on the effectiveness of City’s internal control over compliance. Accordingly, no such opinion is expressed. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit. - 5 - Other Matters Government Auditing Standards requires the auditor to perform limited procedures on the City of Clearwater, Florida’s response to the noncompliance findings identified in our compliance audit described in the accompanying schedule of findings and questioned costs. The City of Clearwater, Florida’s response was not subjected to the other auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response. Report on Internal Control over Compliance Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance and therefore, material weaknesses or significant deficiencies may exist that were not identified. However, as discussed below, we did identify certain deficiencies in internal control over compliance that we consider to be material weaknesses. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. We consider the deficiency in internal control over compliance described in the accompanying schedule of findings and questioned costs as item 2023-001 to be a material weakness. Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. Government Auditing Standards requires the auditor to perform limited procedures on the City of Clearwater, Florida’s response to the internal control over compliance findings identified in our compliance audit described in the accompanying schedule of findings and questioned costs. The City of Clearwater, Florida’s response was not subjected to the other auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance and Chapter 10.550, Rules of the Auditor General. Accordingly, this report is not suitable for any other purpose. - 6 - Report on Schedules of Expenditures of Federal Awards and State Financial Assistance Required by the Uniform Guidance and Chapter 10.550 We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Clearwater, Florida, as of and for the year ended September 30, 2023, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements. We issued our report thereon dated April 1, 2024, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedules of expenditures of federal awards and state financial assistance, as required by Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and Chapter 10.550, Rule of the Auditor General, are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards and state financial assistance are fairly stated, in all material respects, in relation to the basic financial statements as a whole. Clearwater, Florida June 27, 2024 City of Clearwater, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance For the Year Ended September 30, 2023 - 7 - Federal Grantor / Assistance Federal Pass-through Grantor / Listing Number Share of Transfers to Program Title ALN Grant I.D. Number Expenditures Subrecipients FEDERAL AWARDS U.S. Department of Housing and Urban Development: Community Development Block Grant - Entitlement - 2018 14.218 B-18-MC-12-0002 7,630$ 7,205$ Community Development Block Grant - Entitlement - 2019 14.218 B-19-MC-12-0002 52,678 52,393 COVID 19 - Community Development Block Grant - Entitlement - 2020 14.218 B-20-MW-12-0002 479,829 443,794 Community Development Block Grant - Entitlement - 2020 14.218 B-20-MC-12-0002 211,935 216,362 Community Development Block Grant - Entitlement - 2021 14.218 B-21-MC-12-0002 516,765 329,521 Community Development Block Grant - Entitlement - 2023 14.218 B-22-MC-12-0002 140,300 78,012 Community Development Block Grant - Entitlement - 2020 14.218 Program Income 31,500 31,500 Community Development Block Grant - Entitlement - 2023 14.218 Program Income 14,274 14,274 Community Development Block Grant - Entitlement - 2023 14.218 Program Income 48,796 - Total Community Development Block Grants/Entitlement Grants Cluster 1,503,707 1,173,061 Community Project Funding - Imagine Clearwater 14.251 B-22-CP-FL-0236 1,493,242 - Total Community Project Funding - Imagine Clearwater 1,493,242 - Home Investment Partnerships Program 14.239 M-15-MC-12-0230 163,348 - Home Investment Partnerships Program 14.239 M-16-MC-12-0230 1,877 - Home Investment Partnerships Program 14.239 M-17-MC-12-0230 488,986 - Home Investment Partnerships Program 14.239 M-19-MC-12-0230 37,380 - Home Investment Partnerships Program 14.239 M-20-MC-12-0230 12,141 - Home Investment Partnerships Program 14.239 M-21-MC-12-0230 2,614 - Home Investment Partnerships Program 14.239 M-22-MC-12-0230 44,036 - Home Investment Partnerships Program 14.239 M-21-MP-12-0230 14,488 - Home Investment Partnerships Program 14.239 Program Income 601,164 - Total Home Investment Partnerships Program 1,366,034 - Total U.S. Department of Housing and Urban Development 4,362,983 1,173,061 U.S. Department of Justice: Congressionally Recommended Awards 16.753 15PBJA-22-GG-00216-BRND 144,000 - Equitable Sharing Program 16.922 FL0520300 100,000 - Total U.S. Department of Justice 244,000 - U.S. Department of Transportation: Passed through Florida Dept of Transportation: Highway Planning and Construction (Federal-Aid Highway Program) 20.205 G2A92 21,836 - Total U.S. Department of Transportation:21,836 - U.S Department of Treasury Passed through Florida Department of Law Enforcement Equitable Sharing Program 21.016 FL0520300 21,019 - Total U.S. Department of Treasury 21,019 - U.S. Department of Homeland Securities Passed through the Florida Division of Emergency Management Disaster Grants - Public Assistance (Presidentially Declared Disasters) 97.036 Hurricane Irma 269,926 - Total U.S. Dept of Homeland Security 269,926 - U.S. Environmental Protection Agency Brownfields Training, Research, and Technical Assistance Grants and Cooperative Agreements 66.818 02D09421 42,886 - Total U.S. Environmental Protection Agency 42,886 - Total Expenditures of Federal Awards 4,962,650$ 1,173,061$ City of Clearwater, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance For the Year Ended September 30, 2023 - 8 - State Grantor / State Pass-through Grantor / CSFA Share of Transfers to Program Title Number Grant I.D. Number Expenditures Subrecipients STATE FINANCIAL ASSISTANCE Florida Housing Finance Corporation: State Housing Initiative Partnership Program (SHIP) 40.901 N/A 1,199,718$ 27,250$ Total Florida Housing Finance Corporation 1,199,718 27,250 Florida Department of Transportation: Aviation Grant Program (Security System Upgrade) 55.004 FPN: 438512-1-94-01 Contract Number: G1K66 4,052 - Aviation Grant Program (Golf Cart Purchase) 55.004 FPN: 452809-1-94-01 Contract Number G2H99 11,752 - Total Florida Department of Transportation 15,804 - Florida Department of Economic Opportunity: Economic Development Partnerships 40.040 N/A 500,004 - Total Florida Department of Economic Opportunity 500,004 - Florida Department of Environmental Protection Statewide Water Quality Restoration Projects 37.039 LPA0265 1,296,722 Total Florida Department of Environmental Protection:1,296,722 - Florida Department of Law Enforcement Assist with Investigative Operations (ESST) 71.010 Z4011 2,099 - FDLE Drone Replacement Program 71.092 3X026 20,415 - Total Florida Department of Law Enforcement:22,514 - Total Expenditures of State Financial Assistance 3,034,762$ 27,250$ Total Expenditures of Federal Awards and State Financial Assistance 7,997,412$ 1,200,311$ City of Clearwater, Florida Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance - 9 - NOTE 1 – Basis of Presentation (a) Reporting Entity The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance Projects (“Schedule”) presents the activity of all federal financial and state grant activity projects of the City of Clearwater, Florida (the “City”). Federal and state financial assistance received directly from federal and state agencies, and federal financial assistance passed through other governmental agencies are included on the schedules. The information in this schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) and Chapter 10.550. (b) Disaster Grants – Public Assistance (Presidentially Declared Disaster) (97.036) After a Presidentially Declared Disaster, the Federal Emergency Management Agency (FEMA) provides a Public Assistance Grant to reimburse eligible costs associated with emergency response, debris removal, and eligible costs associated with repair, replacement, or restoration of disaster-damaged facilities. The Federal Government reimburses in the form of cost-shared grants. During fiscal 2023, FEMA approved $269,926 of eligible expenditures that were incurred in prior years and included in the Schedule. NOTE 2 – Basis of Accounting The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance Projects is presented using the modified accrual or accrual basis of accounting, depending on the type of fund in which the grant is recorded, as described in Note I.C. to the City’s basic financial statements. NOTE 3 – ALN/CSFA Numbers ALN numbers represent Assistance Listing Numbers and apply only to federal awards. CSFA numbers represent Catalog of State Financial Assistance and apply only to state financial assistance. NOTE 4 – Subrecipients Of the federal and state expenditures presented in the Schedule, the City provided federal and state awards to subrecipients as follows: Federal ALN/ Amount Provided Program Title State CFSA To Subrecipients U.S. HUD Community Development Block Grant 14.218 $1,173,061 State Housing Initiative Partnership Program (SHIP) 40.901 $ 27,250 City of Clearwater, Florida Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance - 10 - NOTE 5 – Loans Outstanding The current year additions related to the loans are included in the Schedule of Expenditures of Federal Awards and State Financial Assistance Projects. The City had the following loan balances outstanding, net of $11,702,067 allowance for uncollectable accounts, at September 30, 2023: 14.218 Community Development Block Grant $ 1,800,144 14.239 Home Investment Partnership Program 1,975,868 40.901 State Housing Initiative Partnership 2,291,464 $ 6,067,476 NOTE 6 – Indirect Cost Rate The City did not utilize the 10% de minimis indirect cost rates for reimbursement of grant expenditures for the fiscal year ended September 30, 2023. City of Clearwater, Florida Schedule of Findings and Questioned Costs - 11 - Part I – Summary of Auditor’s Results Financial Statements: 1. Type of Auditor’s report issued Unmodified 2. Internal control over financial reporting: a. Material weaknesses identified? No b. Significant deficiencies identified not considered to be material weaknesses? None noted c. Noncompliance material to the financial statements noted? No Federal Awards: 1. Type of Auditor’s report issued on compliance for major programs ALN 14.218 – Qualified All other major federal programs - Unmodified 2. Internal control over major programs: a. Material weaknesses identified? Yes b. Significant deficiencies identified not considered to be material weaknesses? None noted 3. Any audit findings disclosed that are required to be reported in accordance with 2CFR section 200.516(a)? Yes 4. Identification of major programs: Federal Awards ALN Community Development Block Grants / Entitlement Grants Cluster 14.218 Economic Development Initiative, Community Project Funding, and Miscellaneous Grants 14.251 Home Investment Partnership Program (HOME) 14.239 5. Dollar threshold used to distinguish between type A and type B programs: $750,000 6. Auditee qualified as low-risk auditee under 2 CFR 200.520? Yes State Awards: 1. Type of Auditor’s report issued on compliance for major programs: Unmodified 2. Internal control over major programs: a. Material weaknesses identified? No b. Significant deficiencies identified not considered to be material weaknesses? None noted 3. Any audit findings disclosed that are required to be reported in accordance with Rule 10.554(1)(l)(4)? No 4. Identification of major projects: State Projects CSFA State Housing Initiative Partnership 40.901 Statewide Water Quality Restoration Projects 37.039 7. Dollar threshold used to distinguish between type A and type B programs: $750,000 City of Clearwater, Florida Schedule of Findings and Questioned Costs - 12 - Part II – Financial Statement Findings None Part III – Findings and Questioned Costs – Federal Programs Material Weakness Finding Number: 2023-001 ALN 14.218: Federal Program: Community Development Block Grants / Entitlement Grants Cluster Passed through: N/A Contract Number and Year: Program Year 2023 Compliance Requirement: Reporting Questioned Costs: N/A Criteria: 2 CFR section 200.303 – Internal Controls of the Uniform Guidance states that the non-federal entity must (a) establish and maintain effective internal controls over federal award that provides reasonable assurance that the non-federal entity is managing the federal award in compliance with federal statutes, regulations, and the terms and conditions of the federal award. These internal controls should be in compliance with guidance in “Standards in Internal Control in the Federal Government” issued by the Comptroller General of the United States or the “Internal Control by the Committee of Sponsoring Organizations of the Treadway Commission (COSO)”. 2 CFR Part 170 requires non-federal entities making first-tier subawards of federal funding to comply with the reporting requirements of the Federal Funding Accountability and Transparency Act of 2006 (FFATA) (Public Law 109-282), as amended by section 6202 of Public Law 110-252. Compliance with FFATA requires prime recipients, to report certain information about subawards to the FFATA Subaward Reporting System (FSRS) by the end of the month, plus 30 days, in which the award is made. Condition: The City did not report required information about subawards made under Assistance Listing No. 14.218 to the FSRS as required by FFATA within the timeline required. Population of subawards subject to FFATA reporting: 3 subawards, $263,960 Subawards not reported: 3 subawards, $263,960 Report not timely: 3 subawards, $263,960 Sub award amount incorrect: 3 subawards, $263,960 Subaward missing key elements: 3 subawards, $263,960 Cause/Effect: The City did not have internal controls in place to ensure accurate and timely subaward information is reported to the FSRS. Auditor’s Recommendation: We recommend that the City have policies in place to ensure information is reported to the FSRS as required by FFATA. Response: See Corrective Action Plan Letter Part IV – Findings and Questioned Costs – State Projects None City of Clearwater, Florida Corrective Action Plans 13 City of Clearwater, Florida Summary Schedule of Prior Audit Findings - 14 - Significant Deficiency Finding Number: 2022-001 Financial Reporting Condition: The carrying amount of liabilities for estimated unpaid claims was overstated in the financial statements. Recommendation: The City should review accounting policies and processes to ensure transactions are recorded in accordance with generally accepted accounting principles. Current Status: This finding is fully corrected. CITY OF CLEARWATER, FLORIDA SINGLE AUDIT PRESENTATION FOR YEAR ENDED SEPT. 30, 2023 JULY 29, 2024 2 •Report on Schedules of Expenditures of Federal Awards and State Financial Assistance Required by the Uniform Guidance and Chapter 10.550 –Unmodified Opinion on the Schedule of Federal Awards and State Financial Assistance •Independent Auditor’s Report on Compliance for each Major Federal Program and State Project and Internal Control over Compliance –Federal Awards -Unmodified opinion •Economic Development Initiative, Community Project Funding, and Miscellaneous grants - Imagine Clearwater – 14.251 •Home Investment Partnerships Program – 14.239 –Federal Awards -Qualified opinion •Community Development Block Grants/Entitlement Grants Cluster – 14.218 –State Projects -Unmodified opinion •State Housing Initiative Partnership Program (SHIP) – 40.901 •Statewide Water Quality Restoration Projects – 37.039 AUDITOR’S REPORTS AND LETTER - Single Audit 3 •Material weakness Federal Program ALN 14.218 CDBG Compliance Requirement: Reporting Criteria:2 CFR Part 170 requires non-federal entities making first-tier subawards of federal funding to comply with the reporting requirements of the Federal Funding Accountability and Transparency Act of 2006 (FFATA) (Public Law 109- 282), as amended by section 6202 of Public Law 110-252. Compliance with FFATA requires prime recipients, to report certain information about subawards to the FFATA Subaward Reporting System (FSRS) by the end of the month, plus 30 days, in which the award is made. Condition:The City did not report required information about subawards made under Assistance Listing No. 14.218 to the FSRS as required by FFATA within the timeline required. •Population of subawards subject to FFATA reporting that were not reported: 3 subawards, $263,960 AUDITOR RESULTS 4 QUESTIONS? CITY OF CLEARWATER, FLORIDA SINGLE AUDIT PRESENTATION FOR YEAR ENDED SEPT. 30, 2023 JULY 29, 2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0876 Agenda Date: 7/29/2024 Status: Approval ReviewVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve the City of Clearwater’s FY2024/2025 Annual Action Plan, which is the fifth and final Action Plan of the FY2020/2021 - FY2024/2025 Consolidated Plan, to implement the goals and objectives set forth in the Consolidated Plan and authorize the appropriate officials to enter into agreements with HUD and organizations approved for funding, together with authorization to execute administrative adjustments to same as needed. (APH) SUMMARY: On July 16, 2020, City Council approved the 2020/2021 - 2024/2025 Consolidated Plan (Consolidated Plan) identifying the city’s goals and objectives with respect to the city’s administration of HOME Investment Partnerships (HOME) and Community Development Block Grant (CDBG) Program funds. Under the Consolidated Plan, the City is required by US Department of Housing and Urban Development (HUD) to create and implement a plan each year to identify the sources and uses of these funds for housing, community programs, and economic development. This plan, referred to as the Annual Action Plan, provides HUD with the City’s Housing Division budget and proposed expenditures based on the entitlement funds and estimated program income that the City will receive in the upcoming fiscal year to meet the goals and objectives established in the Consolidated Plan. Funds will be used to develop viable communities and sustain existing ones. In addition, the funds will be used to provide safe, decent, and affordable housing to assist extremely low- to moderate-income households. This year’s Annual Action Plan allocates federal funds to provide housing opportunities to extremely low- to moderate-income households for new and existing homes, construction and/or renovation of public facilities, and to fund public services programs. The Annual Action Plan serves as a budget for planned projects and identifies unallocated funds available for additional project(s) throughout the budget year. Staff requests authorization to make administrative adjustments during the budget year to fund additional project(s), including shifting funds between projects within budgetary segments. The FY2024/2025 Annual Action Plan is due to HUD on August 16, 2024. All organizations that will be receiving an allocation will have agreements prepared and executed by October 1, 2024. Staff performs compliance monitoring with funded organizations on an annual basis. On June 5, a notice of 30-day comment period and public hearings was published in the Tampa Bay Times. On July 9, 2024, the City’s Neighborhood and Affordable Housing Advisory Board (NAHAB) hosted the 1st of the 2 required public hearings and passed a motion recommending City Council approval of the FY2024/2025 Annual Action Plan. Grant Application Process for CDBG Program The City partners with several non-profit agencies to implement the goals and objectives established in the Consolidated Plan. To obtain these partners, the City annually publishes in February a Notice of Funding Page 1 City of Clearwater Printed on 7/23/2024 File Number: ID#24-0876 Availability in the local newspaper and on its website. This notice informs the public of the resources the City will make available and the eligible uses of those resources. It also informs them of the 30-day application period for requesting funds. The applications were due on March 15, 2024. The city received 32 completed and qualified applications. A Technical Review Committee (TRC) comprised of a professional in the social service and grants community, a member of the NAHAB, a representative of the Homeless Leadership Alliance, and the City Clerk reviewed and ranked the applications. Applicants were provided an opportunity to present their proposed projects at the April 9, 2024, NAHAB meeting. City Housing staff also reviewed each application to ensure it met HUD’s baseline requirements. With guidance from the TRC and NAHAB and based on available funding, City staff prepared recommended funding allocations. The NAHAB met on May 14, 2024, and approved the recommended allocations. NAHAB approval is subject to City Council approval of the Annual Action Plan. Recommended CDBG Grant Allocations (Competitive) The City may allocate up to 15% ($141,072) of its CDBG entitlement funds for Public Services activities. This year the city received thirteen requests for funding subject to the 15% cap. Staff recommends allocation of funding based on TRC scoring. Requested funding from the three highest-ranked applicants combined narrowly exceeded the $141,072 cap. The staff recommendation is to distribute available Public Service funds to these three organizations. The city received twelve requests for funding of Public Facilities improvements. The TRC reviewed each application and recommended funding of the four highest scoring projects. Staff is recommending funding of all eligible components of these four requests (plus project delivery costs paid by the city including inspection fees, environmental review record and other fees). The total staff-recommended allocation for the four projects is $448,080. These investments will help daily operations of each public service provider with improved facility functionality, efficiency, and safety features. Other Recommended Allocations (Non-Competitive) Staff recommends funding of the following additional activities/programs: ·Small business/microenterprise, childcare, and façade improvement activities ($490,560) ·New Construction, Rehabilitation, Purchase Assistance (f/k/a Down Payment Assistance), Tenant Based Rental Assistance and Community Housing Development Organization (CHDO) set aside funds ($6,075,506) ·Homeownership Education & Counseling ($55,000) ·Property Acquisition & Demolition ($100,000) ·Program administration ($247,608) BACKGROUND: Anticipated Resources In FY2024-2025, the City will receive $940,482 in entitlement funds for the CDBG Program and $400,222 in entitlement funds for the HOME Program. The City is also reprogramming: $4,325,451 in prior year HOME entitlement and program income funding; $172,000 in anticipated FY2024-2025 HOME program income; $374,797 in prior year CDBG entitlement and program income funding; $11,448 in anticipated FY2024-2025 CDBG program income; $1,047,867 in CDBG Revolving Loan Program funds for housing infill and rehabilitation; and $230,560 in Revolving Loan Program funds for economic development activities. Funds provided through the CDBG Program may be used for housing, community and economic development, public services and facilities, acquisition, relocation, and administration. Funds provided through the HOME Program are limited to housing-related activities and administration. Page 2 City of Clearwater Printed on 7/23/2024 File Number: ID#24-0876 APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Objective 2.4 - Supports equitable housing programs that promote household stability and reduces the incidence of homelessness within Clearwater. Page 3 City of Clearwater Printed on 7/23/2024 City of Clearwater, FL 2024/2025 Annual Action Plan 2 TABLE OF CONTENTS Executive Summary ....................................................................................................................................... 4 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................ 4 PR-05 Lead & Responsible Agencies – 91.200(b) ...................................................................................... 9 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................................................................. 11 AP-12 Participation – 91.105, 91.200(c) ................................................................................................. 19 Expected Resources .................................................................................................................................... 24 AP-15 Expected Resources – 91.220(c)(1,2) ........................................................................................... 24 Annual Goals and Objectives ...................................................................................................................... 28 AP-20 Annual Goals and Objectives ........................................................................................................ 28 Projects ....................................................................................................................................................... 34 AP-35 Projects – 91.220(d) ..................................................................................................................... 34 AP-38 Project Summary .......................................................................................................................... 37 AP-50 Geographic Distribution – 91.220(f) ............................................................................................. 46 Affordable Housing ..................................................................................................................................... 51 AP-55 Affordable Housing – 91.220(g) ................................................................................................... 51 AP-60 Public Housing – 91.220(h) ........................................................................................................... 53 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................................ 54 AP-75 Barriers to affordable housing – 91.220(j) ................................................................................... 58 AP-85 Other Actions – 91.220(k) ............................................................................................................ 60 Program Specific Requirements .................................................................................................................. 64 AP-90 Program Specific Requirements – 91.220(l)(1,2,4) ...................................................................... 64 Appendix ..................................................................................................................................................... 69 City of Clearwater, FL 2024/2025 Annual Action Plan 3 TABLES Table 1 – Responsible Agencies .................................................................................................................... 9 Table 2 – Agencies, groups, organizations who participated ..................................................................... 16 Table 3 – Other local / regional / federal planning efforts ......................................................................... 17 Table 4 – Citizen Participation Outreach .................................................................................................... 23 Table 5 – Expected Resources – Priority Table ........................................................................................... 25 Table 6 – Goals Summary ............................................................................................................................ 31 Table 7 – Project Information ..................................................................................................................... 35 Table 8 – Geographic Distribution .............................................................................................................. 47 Table 9 – One Year Goals for Affordable Housing by Support Requirement .............................................. 51 Table 10 – One Year Goals for Affordable Housing by Support Type ......................................................... 51 MAPS Map 1 – Low- and Moderate-Income Areas ............................................................................................... 48 Map 2 – Neighborhood Revitalization Strategy Areas Map ....................................................................... 49 City of Clearwater, FL 2024/2025 Annual Action Plan 4 EXECUTIVE SUMMARY AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) INTRODUCTION The City of Clearwater, Florida, has completed the planning process for the 2024/2025 Annual Action Plan as required by the U.S. Department of Housing and Urban Development (HUD). The purpose of the Annual Action Plan is to identify anticipated resources and proposed projects to address the goals, objectives, and strategies of the City’s Consolidated Plan spanning program years 2020/2021- 2024/2025. The Consolidated Plan guides the use of City resources to address housing and community development needs over a five-year period. The 2024/2025 Annual Action Plan covers the fifth year of the five-year period. The Annual Action Plan is developed in a manner specified by HUD, and the City has followed the prescribed format in completing the plan. During the planning process, the City published a Notice of Funding Availability (NOFA) and conducted a grant application workshop (i.e., technical assistance meeting) that specifically consulted housing and public service providers. The City also convened meetings of the Neighborhood and Affordable Housing Advisory Board (NAHAB) and Technical Review Committee (TRC) to consider federal allocations and project applications and held public hearings with the NAHAB and City Council to approve the Annual Action Plan. The purpose of this process was to facilitate the submittal of applications for projects that will address the goals, objectives, and strategies during the fifth year of the Consolidated Plan’s five-year period. There are four (4) major categories of focus in HUD’s Consolidated Plan template: Housing, Homelessness, Non-Housing Community Development and Non-Homeless Special Needs. The Annual Action Plan process requires the City to identify anticipated resources and proposed projects to address the priority needs for each category of focus. The planning process was critical in selecting projects to effectively address these priority needs. SUMMARIZE THE OBJECTIVES AND OUTCOMES IDENTIFIED IN THE PLAN This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis, or the strategic plan. The City of Clearwater Consolidated Plan is structured around seven (7) goals in administering the City’s housing and community development programs. Each goal is accompanied by corresponding objectives toward meeting that goal. These goals and objectives are as follows: GOAL: PROGRAM ADMINISTRATION ADMINISTER THE CITY OF CLEARWATER’S FEDERALLY FUNDED GRANT PROGRAMS TO IMPLEMENT THE GOALS OF THE FIVE-YEAR CONSOLIDATED PLAN. City of Clearwater, FL 2024/2025 Annual Action Plan 5 GOAL: HOUSING PROVIDE AVAILABILITY OF, AND ACCESSIBILITY TO, DECENT AFFORDABLE HOUSING FOR THE RESIDENTS OF THE CITY OF CLEARWATER. Objective 1: Preserve the existing housing stock. Objective 2: Increase the availability of affordable housing units. Objective 3: Assist qualified low- and moderate-income households to become homeowners through supporting agencies that provide housing counseling. Objective 4: Provide mortgage assistance for low- and moderate-income homebuyers. Objective 5: Provide rental and utility assistance for low- and moderate-income persons. GOAL: HOMELESSNESS HELP TO PREVENT AND REDUCE HOMELESSNESS WITHIN THE CITY OF CLEARWATER. Objective 1: Support programs that offer shelter facilities and beds for the homeless. Objective 2: Assist agencies that engage in homeless prevention and service programs. GOAL: NON-HOMELESS SPECIAL NEEDS EXPAND THE ACCESSIBILITY AND COORDINATION OF SOCIAL SERVICES TO CITY OF CLEARWATER SPECIAL NEEDS POPULATIONS. Objective 1: Support construction, expansion, and improvement of facilities that assist the elderly, frail elderly, disabled, veterans, and other populations with special needs. Objective 2: Support programs to assist the elderly, frail elderly, disabled, veterans, and other populations with special needs. GOAL: COMMUNITY DEVELOPMENT & PUBLIC SERVICES ENHANCE THE LIVING ENVIRONMENT FOR PERSONS IN LOW- AND MODERATE-INCOME AREAS THROUGH COMMUNITY DEVELOPMENT ACTIVITIES, PUBLIC SERVICE PROGRAMS, AND ELIMINATION OF BLIGHT. Objective 1: Support the construction, expansion, and improvement of public facilities in low- and moderate-income areas. City of Clearwater, FL 2024/2025 Annual Action Plan 6 Objective 2: Encourage and support programs that promote neighborhood safety and security, youth accountability and mentoring, and community outreach to underserved populations in low- and moderate-income areas. Objective 3: Support agencies that offer meal and/or food bank services for persons and families of low- and moderate-income. Objective 4: Support the construction, expansion, and improvement of public parks, infrastructure, and utilities in low- and moderate-income areas. Objective 5: Eliminate blighted conditions through code enforcement and demolition in low- and moderate-income areas. GOAL: ECONOMIC DEVELOPMENT SUPPORT PROGRAMS THAT CREATE ECONOMIC OPPORTUNITIES IN THE CITY OF CLEARWATER, PARTICULARLY FOR PERSONS OF LOW- AND MODERATE-INCOME AND IN NEIGHBORHOOD REVITALIZATION STRATEGY AREAS. Objective 1: Support building façade programs in Neighborhood Revitalization Strategy Areas and low- and moderate-income areas. Objective 2: Support non-profit organizations in developing facilities that support the local economy. Objective 3: Support programs that create economic opportunity for low- to moderate-income persons, such as job training and entrepreneurship, small-business start-ups and incubators, and other economic development activities. GOAL: EMERGENCY/DISASTER RESPONSE PROVIDE ASSISTANCE PRIOR TO, DURING AND AFTER A COMMUNITY EMERGENCY AND/OR DISASTER EVENT TO PREPARE FOR AND/OR MITIGATE LOSS, PROTECT DURING AN EVENT, AND AID WITH RECOVERY. Objective 1: Provide assistance for activities that meet a particular urgent need or to prepare for, respond to, and recover from an event triggering a local, state, or national emergency declaration. EVALUATION OF PAST PERFORMANCE This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. The Economic Development and Housing Department oversees implementation of the CDBG and HOME programs. The previous Annual Action Plan covered the fourth year of the City’s Consolidated Plan. The previous year has shown considerable progress in the City’s efforts to implement HUD entitlement City of Clearwater, FL 2024/2025 Annual Action Plan 7 programs. The City is compliant with HUD regulations and continues to deliver housing and community development services in an efficient manner. For the previous program year, the City received an annual allocation of $913,337 in Community Development Block Grant (CDBG) funds and $532,649 in HOME Investment Partnerships (HOME) funds. With those funds, approximately 16,862 people, 187 households, and 47 businesses were planned to be assisted during program year 2023/2024. With these funds, the Economic Development and Housing Department offered an array of housing programs and services providing the foundation needed to aid in promoting homeownership and/or sustainable neighborhoods: • Homeowner rehabilitation, including emergency repairs and accessibility retrofitting for persons with disabilities • Acquisition/new construction for affordable housing • Down payment/purchase price assistance for homebuyers • Homebuyer education/counseling • Rental assistance • Fair housing/legal services • Funding to grant subrecipients for public services for the homeless, persons with special needs, or persons of low and moderate income • Funding for public facilities and infrastructure projects benefitting low- and moderate-income neighborhoods • Economic development activities The City has been successful in implementing these programs in the past and anticipates the continuation of such programs in the future. Over the next year, the City will use CDBG and HOME funds to meet the goals and objectives identified in the Consolidated Plan. SUMMARY OF CITIZEN PARTICIPATION PROCESS AND CONSULTATION PROCESS Summary from citizen participation section of plan. Comments and concerns raised during the citizen participation process were taken into consideration when developing the Annual Action Plan's anticipated resources and proposed projects. The Annual Action Plan is a collaborative process that involves a NOFA, subrecipient applications, City staff and advisory board consideration of federal allocations and proposed projects, and identification of strategies for improved coordination and delivery. As part of this process, the City sought to identify projects and strategies to address the priority needs of the Consolidated Plan’s Strategic Plan. Such priority needs were identified during the Consolidated Plan process based on past program performance, available housing and demographic data, public input, housing and service provider consultation, and community meetings and surveys. In addition, the City provided opportunity for citizen participation and comment, including public notices, a 30-day comment period, and solicited input and direction from City Departments, the NAHAB, and the City Council to establish action items for the fifth year. City of Clearwater, FL 2024/2025 Annual Action Plan 8 SUMMARY OF PUBLIC COMMENTS This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. Although there are many issues that are important to City of Clearwater residents, the following priority needs were identified in the Consolidated Plan and guided the 2024/2025 Annual Action Plan and projects selected: • Affordable housing, housing rehabilitation, and alternative housing options • Rental, down payment, and utilities assistance • Housing, facilities, and services for the homeless • Facilities and services for persons with special needs, including behavioral/mental health counseling and/or substance abuse treatment • Services for populations that fall into “service gaps” such as youth aging out of foster care and the transportation disadvantaged • Public facility improvements (e.g., parks, libraries, and community cultural/resource centers) • Public infrastructure improvements (e.g., utilities, public safety, and transportation) • Blight elimination/code enforcement • Economic development (e.g., support for neighborhood-level commercial, incentives and financial assistance for small businesses and start-ups, façade improvements) SUMMARY OF COMMENTS OR VIEWS NOT ACCEPTED AND THE REASONS FOR NOT ACCEPTING THEM All comments received by the City of Clearwater were considered and are, generally or specifically, addressed by the Annual Action Plan. Documentation of all comments received is included as an attachment (PDF format) to the Consolidated Plan submittal. SUMMARY The goals, objectives, and strategies of the 2020/2021-2024/2025 Consolidated Plan were identified through an extensive citizen participation process that involved neighborhood residents, local housing and service providers, and regional partners. The Consolidated Plan guides the City’s use of CDBG resources through seven (7) goals. These goals are summarized as Program Administration, Housing, Homelessness, Non-Homeless Special Needs, Community Development and Public Services, Economic Development, and Emergency/Disaster Response. The 2024/2025 Annual Action Plan identifies anticipated resources and proposed projects to address those goals. Over the fifth year of the Consolidated Plan, the City will continue to deliver housing and community development activities that support housing construction, rehabilitation, and assistance, public facility and infrastructure improvements, economic development initiatives, and partnerships with an array of housing and public service providers. City of Clearwater, FL 2024/2025 Annual Action Plan 9 PR-05 Lead & Responsible Agencies – 91.200(b) AGENCY/ENTITY RESPONSIBLE FOR PREPARING/ADMINISTERING THE CONSOLIDATED PLAN Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency City of Clearwater, FL Economic Development and Housing Department/Housing Division Table 1 – Responsible Agencies NARRATIVE (OPTIONAL) The City of Clearwater, Florida, is the lead agency responsible for overseeing the development of the Annual Action Plan. The Economic Development and Housing Department is the internal department that is responsible for the day-to-day administration of CDBG and HOME funding (see Table 1). However, the Economic Development and Housing Department worked closely with both the City Council and the NAHAB in addition to residents and subrecipients to develop a meaningful document. The development of the Annual Action Plan was based on the previous Annual Action Plan, associated Consolidated Plan, and other relevant studies, plans and reports. Some of the primary documents included the City’s Neighborhood Revitalization Strategy Area (NRSA) documents, Local Housing Incentives Strategy (LHIS) and Local Housing Assistance Plan (LHAP), and Strategic Plan, and the Pinellas County Homeless Leadership Alliance (HLA)’s reporting documents, among others. To maximize citizen participation, City staff published a NOFA, held a grant application workshop (i.e., technical assistance meeting), convened the NAHAB and Technical Review Committee to consider anticipated resources and proposed projects, held a 30-day public comment period, and held a public hearing with the City Council to approve the Annual Action Plan. As part of these efforts, low- and moderate-income residents, as well as service providers, were encouraged to provide input on the Annual Action Plan, anticipated resources, and proposed projects. CONSOLIDATED PLAN PUBLIC CONTACT INFORMATION Inquiries, comments, or complaints concerning the Plan, any amendments, or performance reports, can be conveyed by contacting City staff at: City of Clearwater Economic Development and Housing Department 509 S. East Ave., Suite 227 Clearwater, FL 33756 Telephone: (727) 444-7489 Fax: (727) 464-4265 City of Clearwater, FL 2024/2025 Annual Action Plan 10 charles.lane@myclearwater.com Business hours: 9:00 a.m. to 5:00 p.m., Monday through Friday Written complaints may also be made to the Jacksonville Field Office of the U.S. Department of Housing and Urban Development (HUD) at the following address: U.S. Department of Housing and Urban Development Community Planning and Development Division Charles Bennett Federal Building 400 West Bay St., Ste. 1015 Jacksonville, FL 32202 Phone: (904) 232-2627 Fax: (904) 232-3759 Business hours: 8:00 a.m. to 5:00 p.m., Monday through Friday City of Clearwater, FL 2024/2025 Annual Action Plan 11 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) INTRODUCTION Partnering with other local, public, and private entities is vital to addressing the identified priority needs related to affordable housing, homelessness, special needs, and community development. Clearwater's Citizen Participation Plan incorporates the goals, policies, and implementation strategies that the City will undertake to encourage and ensure adequate citizen participation in the development of the Consolidated Plan, the Annual Action Plan, any substantial amendments to the Plans, and the Consolidated Annual Performance and Evaluation Report (CAPER). Citizen participation provides a means of involving the citizens of Clearwater in an advisory capacity in all phases of HUD programs. Citizen participation in such efforts is essential if the activities to be undertaken are to be truly successful and responsive to the needs and concerns of the community. The Citizen Participation Plan provides for and encourages residents to explain their needs and voice their concerns. Emphasis is placed on persons of low- and moderate-income who are residents of low- and moderate-income areas in which funds are proposed to be used. However, at the same time, residents are reminded that their input is advisory and that final authority for decision-making rests with the City Council, who is responsible to both the citizens of Clearwater and the Federal government. To promote citizen participation, the City published a NOFA, held a grant application workshop (i.e., Technical Assistance Meeting), convened the NAHAB and Technical Review Committee to consider anticipated resources and proposed projects, published the draft Annual Action Plan for a 30-day public comment period, and held public hearings with the NAHAB and City Council to approve the Annual Action Plan. The NOFA, grant application workshop, and 30-day public comment period provided opportunities for citizens and interested parties to become knowledgeable about Clearwater’s housing and community development programs and eligibility requirements. Participants were asked to provide input on how funds should be allocated to programs and projects related to affordable housing, homelessness, special needs, and community development. PROVIDE A CONCISE SUMMARY OF THE JURISDICTION’S ACTIVITIES TO ENHANCE COORDINATION BETWEEN PUBLIC AND ASSISTED HOUSING PROVIDERS AND PRIVATE AND GOVERNMENTAL HEALTH, MENTAL HEALTH, AND SERVICE AGENCIES (91.215(L)) Institutional coordination of the Annual Action Plan establishes a unified vision for community development. The City uses a collaborative process to shape various programs into effective, coordinated strategies. This process also facilitates the opportunity for planning and citizen participation to take place in a comprehensive context, attempting to reduce duplication of effort at the local level. The City will implement this Annual Action Plan in coordination with public, private, and nonprofit agencies. Nonprofit agencies may include, but are not limited to, service providers and community housing development organizations. Private sector partners may include, but are not limited to, local City of Clearwater, FL 2024/2025 Annual Action Plan 12 financial institutions, developers, and local businesses. The City works closely with its partners to design programs that address identified needs. Table 2 outlines the types of agencies and organizations consulted throughout the program year and during the development of the Annual Action Plan. Organizations consulted included various service providers, Community Housing Development Organizations (CHDOs), Clearwater Housing Authority (CHA), Pinellas County HLA, City Departments, NAHAB, and the City Council, among others. DESCRIBE COORDINATION WITH THE CONTINUUM OF CARE AND EFFORTS TO ADDRESS THE NEEDS OF HOMELESS PERSONS (PARTICULARLY CHRONICALLY HOMELESS INDIVIDUALS AND FAMILIES, FAMILIES WITH CHILDREN, VETERANS, AND UNACCOMPANIED YOUTH) AND PERSONS AT RISK OF HOMELESSNESS. The City coordinated with the Pinellas County HLA during development of the Consolidated Plan and through its most recent PIT and Homeless Assessment reports and with residents through community meetings. This consultation was pivotal in preparing the Needs Assessment and Strategic Plan components of the Consolidated Plan, which collectively inform the selection of projects for the 2024/2025 Annual Action Plan. The CHA was also consulted during the development of the Consolidated Plan through its most recent Public Housing Authority (PHA) Plan and other HUD reports, which also inform the selection of projects for inclusion in the 2024/2025 Annual Action Plan. DESCRIBE CONSULTATION WITH THE CONTINUUM(S) OF CARE THAT SERVES THE JURISDICTION'S AREA IN DETERMINING HOW TO ALLOCATE ESG FUNDS, DEVELOP PERFORMANCE STANDARDS FOR AND EVALUATE OUTCOMES OF PROJECTS AND ACTIVITIES ASSISTED BY ESG FUNDS, AND DEVELOP FUNDING, POLICIES AND PROCEDURES FOR THE OPERATION AND ADMINISTRATION OF HMIS The City of Clearwater does not receive or administer an Emergency Solutions Grant (ESG) program. During the development of the Consolidated Plan, consultation with the Continuum of Care (CoC) included research of the Pinellas County HLA annual reports and plans, community meetings, public hearings, and notices. The Consolidated Plan establishes goals, objectives, and strategies to address homelessness, which inform the selection of projects for inclusion in the Annual Action Plan. The HLA, as the lead agency for the area’s CoC, utilizes the following system performance measures and procedural documents: HUD System Performance Measures, HUD CoC Project Priority Application Ranking System, NAEH Rapid Rehousing Performance Benchmarks and Program Standards, Annual Homeless Assessment Report (AHAR) and Homeless Management Information System (HMIS) data, Annual Point-in-Time (PIT) Count Report, Housing Inventory Count, and other documents including the Federal Strategic Plan to Prevent and End Homelessness. The HLA is comprised of 27 members, nine elected officials, and 16 community leaders/representatives. The Board consists of two councils, the Providers Council and Funders Council, who work together to identify concerns and make policies and recommendations on homeless issues. The mission of the HLA is to coordinate all community partners, systems, and resources available with the goal of helping individuals and families to prevent, divert, and end homelessness in Pinellas County. City of Clearwater, FL 2024/2025 Annual Action Plan 13 DESCRIBE AGENCIES, GROUPS, ORGANIZATIONS, AND OTHERS WHO PARTICIPATED IN THE PROCESS AND DESCRIBE THE JURISDICTION’S CONSULTATIONS WITH HOUSING, SOCIAL SERVICE AGENCIES AND OTHER ENTITIES Agency / Group / Organization Type What section of the Plan was addressed by Consultation? How was the Agency / Group / Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? 360 Eats Other (Food Bank) Non-Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Artz 4 Life Academy, Inc. Services- Children/Services- Education Non-Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Boys & Girls Club of the Suncoast Services- Children/Services- Education Non-Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Bright Community Trust Housing Housing Needs Assessment/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment City of Clearwater, City Council Government – Local/Civic Leaders All Sections Government/Local Officials, Approval of Advisory Board Recommendations and Action Plan City of Clearwater, Economic Development and Housing Department Other (City Departments)/ Grantee Department All Sections Internal Meetings with Economic Development and Housing Department Staff, Technical Review Committee Facilitation City of Clearwater, Neighborhood and Housing Advisory Board (NAHAB) Other (Advisory Board) All Sections Advisory Board, Recommendations regarding project selection and funding allocations Clearwater Housing Authority PHA Public Housing Needs/Market Analysis Consultation, Research of Annual and 5-Year PHA Plans City of Clearwater, FL 2024/2025 Annual Action Plan 14 Agency / Group / Organization Type What section of the Plan was addressed by Consultation? How was the Agency / Group / Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Clearwater Neighborhood Housing Services, Inc. (CNHS) (dba Tampa Bay Neighborhood Housing Services) Other (Services- Housing) Housing Needs Assessment/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Directions for Living Other (Services- Mental Health) Non-Homeless Special Needs Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Gulfcoast Legal Services Other (Legal) Housing Needs Assessment/ Homelessness Strategy/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Homeless Emergency Project, Inc. (HEP) (dba Homeless Empowerment Program) Services-Homeless Homelessness Strategy/Homeless Needs- Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Homeless Leadership Alliance of Pinellas Services-Homeless Homelessness Strategy/Homeless Needs- Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth/Market Analysis Technical Review Committee Member Hope Villages of America, Inc. (fka RCS Pinellas) Housing/Other (Food Bank) Homelessness Strategy/Homeless Needs- Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Housing and Education Alliance (HEA) USA Other (Services- Housing) Housing Needs Assessment/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment InterCultural Advocacy Institute (ICAI)/Hispanic Outreach Center Services- Children/Services- Education/Other (Legal) Market Analysis/Non- Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment City of Clearwater, FL 2024/2025 Annual Action Plan 15 Agency / Group / Organization Type What section of the Plan was addressed by Consultation? How was the Agency / Group / Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The Kimberly Home Housing/Services- Health Housing Needs Assessment/Homelessness Strategy Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment LiFT, FL Services -Persons with Disabilities Non-Homeless Special Needs Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Metropolitan Ministries Services- Homeless/Other (Food Bank) Homelessness Strategy/Homeless Needs- Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Personal Enrichment Through Mental Health Services (PEMHS), Inc. Other (Services- Mental Health) Non-Homeless Special Needs/Non-Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Pinellas Community Foundation Optional (Foundation) Non-Homeless Special Needs/Non-Housing Community Development Strategy Technical Review Committee Member Pinellas County Homeless Leadership Alliance Services- Homeless/Continuum of Care Homelessness Strategy/Homeless Needs-Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth/Market Analysis Consultation, Research of Reports and Plans, Email Outreach Pinellas Opportunity Council Services-Elderly Persons Non-Homeless Special Needs Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Prospera Florida (Hispanic Business Initiative Fund of Florida) Other (Economic Development) Market Analysis/Anti-Poverty Strategy/Non- Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment City of Clearwater, FL 2024/2025 Annual Action Plan 16 Agency / Group / Organization Type What section of the Plan was addressed by Consultation? How was the Agency / Group / Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Tampa Bay Community Development Corporation (CDC) (dba Suncoast Housing Connections) Housing/Services-Fair Housing Housing Need Assessment/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Tarpon Springs Housing Authority PHA Public Housing Needs/Market Analysis Consultation, Research of Annual and 5-Year PHA Plans The Salvation Army Services-Homeless Homelessness Strategy/Homeless Needs- Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth/Market Analysis Technical Review Committee Member United Way Suncoast Services- Children/Services- Education/Services- Employment Anti-Poverty Strategy/Non-Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment V&M Ellis Consulting, Inc. Housing Housing Needs Assessment/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment WeeCare, Inc. (dba Upwards) Services- Children/Other (Daycare) Anti-Poverty Strategy/Non-Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment WestCare, Gulfcoast-Florida, Inc. Services-Persons with HIV/AIDS/Services- Health/Other (Services-Mental Health) Non-Homeless Special Needs Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Willa Carson Health and Wellness Center Services-Health Non-Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Table 2 – Agencies, groups, organizations who participated City of Clearwater, FL 2024/2025 Annual Action Plan 17 IDENTIFY ANY AGENCY TYPES NOT CONSULTED AND PROVIDE RATIONALE FOR NOT CONSULTING During the development of the Consolidated Plan, the City of Clearwater consulted with the lead agency for the CoC, local and county PHAs, affordable housing providers, various social service providers, City departments, and civic leaders. Additionally, during the development of the 2024/2025 Annual Action Plan, the citizens, including but not limited to low- and moderate-income residents and other entities impacted by housing and community development activities, were noticed of funding availability, a grant application workshop (i.e., technical assistance meeting), posting of the draft Annual Action Plan for a 30-day comment period, and meetings and public hearings of the NAHAB and City Council. Such noticing occurred by email, City website, and newspaper advertisements. Other agencies and organizations not directly consulted were consulted indirectly by research of published plans and reports. OTHER LOCAL/REGIONAL/STATE/FEDERAL PLANNING EFFORTS CONSIDERED WHEN PREPARING THE PLAN Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care (CoC) Pinellas County Homeless Leadership Alliance Homelessness/Help to prevent and reduce homelessness within the City of Clearwater. State Housing Initiatives Partnership (SHIP) Local Housing Incentives Strategy (LHIS) (2023) and Local Housing Assistance Plan (LHAP) (2024-2027) City of Clearwater/State of Florida Housing/Provide availability of and accessibility to decent affordable housing for the residents of the City of Clearwater (e.g., identification of barriers and incentives strategies). Strategic Plan (2023), Economic & Housing Opportunity City of Clearwater Economic Development/Support programs that create economic opportunities in the City of Clearwater, particularly for persons low- and moderate-income and in NRSAs. Tampa Bay Comprehensive Economic Development Strategy (CEDS), 2023-2027 (2022) Tampa Bay Regional Planning Council Economic Development/Support programs that create economic opportunities in the City of Clearwater, particularly for persons low- and moderate-income and in NRSAs. Table 3 – Other local / regional / federal planning efforts NARRATIVE (OPTIONAL) Many of the programs and activities that will be carried out by the City of Clearwater during the fifth program year (2024/2025) will involve coordination with subrecipient agencies and organizations. The City actively works with subrecipients to support the City’s goals of affordable housing, reduced homelessness, accessible social services, enhanced living environment, and economic opportunity for City of Clearwater, FL 2024/2025 Annual Action Plan 18 low- and moderate-income persons. At a minimum, implicit in these goals is the City’s commitment to providing coordinated community, housing, and supportive services to its lower income residents. These services are provided through not only City-administered CDBG and HOME programs, but also through subrecipient partnerships, coordination with government and quasi-government agencies, and respective planning efforts (see Table 3). The City will continue to encourage partnerships between governments, lenders, builders, developers, real estate professionals, and advocates for low-income persons. The City will continue to work with the building industry, banking industry, real estate industry, social service providers and other community groups to promote the development of affordable housing and related housing services. City of Clearwater, FL 2024/2025 Annual Action Plan 19 AP-12 Participation – 91.105, 91.200(c) SUMMARY OF CITIZEN PARTICIPATION PROCESS/EFFORTS MADE TO BROADEN CITIZEN PARTICIPATION The development of the Annual Action Plan requires a citizen participation process to obtain input from residents and service providers that represent the City of Clearwater’s low- and moderate-income, homeless, or special needs populations. The following section describes the citizen participation process conducted by the City to develop the 2024/2025 Annual Action Plan. During the development of the 2024/2025 Annual Action Plan, the City published a NOFA and held a grant application workshop (i.e., technical assistance meeting) to collect applications for potential projects. The City of Clearwater’s NAHAB then convened to discuss the anticipated resources and applications for potential projects. Applicants were provided an opportunity to present their projects to the NAHAB for consideration. A Technical Review Committee also met to discuss project eligibility specific to the City’s federally funded programs. Once potential projects were recommended by the Technical Review Committee and selected by the NAHAB, the draft Annual Action Plan was posted for a 30-day comment period. At the conclusion of the 30-day comment period, public hearings were held with the NAHAB and City Council to approve the 2024/2025 Annual Action Plan for submittal to HUD. Noticing of these events occurred by email, City website, and newspaper advertisements. Notices for public meetings/hearings included information for persons needing reasonable accommodations to participate. A summary of the citizen participation process is shown in Table 4. Copies of advertisements, meeting minutes, and other documentation are included in the Appendix. SUMMARIZE CITIZEN PARTICIPATION PROCESS AND HOW IT IMPACTED GOAL SETTING Comments and concerns raised during the citizen participation process were taken into consideration when developing the Annual Action Plan. The 2024/2025 Annual Action Plan is intended to support the goals, objectives, and strategies of the Five-Year Consolidated Plan, and to address the priority needs of the community. Applications for potential projects to be funded were considered by the NAHAB and Technical Review Committee, and were selected based on available funding, eligibility of proposed activities, and relevance to the Consolidated Plan. The selected projects support the City’s goals pertaining to housing, homelessness, non-homeless special needs, community development and public services, and economic development. Program administration activities, though not part of the application process, are also included in the 2024/2025 Annual Action Plan. No activities pertaining to emergency/disaster response are included in the fifth-year Annual Action Plan. City of Clearwater, FL 2024/2025 Annual Action Plan 20 CITIZEN PARTICIPATION OUTREACH Continued next page. City of Clearwater, FL 2024/2025 Annual Action Plan 21 Sort Order Mode of Outreach Target of Outreach Summary of response/ attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Other (Email Outreach) Other (Service Providers/Subrecip ients) February 14, 2024 Notice of Funding Availability (NOFA)/Online Project Application Process emailed to service providers/subrecipients N/A www.myclearwater.com/affordabl ehousing 2 Newspaper Ad Non- Targeted/Broad Community February 14, 2024 NOFA/Online Project Application Process published in Tampa Bay Times N/A N/A 3 Internet Outreach Non- Targeted/Broad Community February 14, 2024, thru March 15, 2024 Online Project Application Process made available on the City’s website N/A www.myclearwat er.com/affordabl ehousing 4 Public Meeting Non- Targeted/Broad Community February 27, 2024 City staff held a Grant Application Workshop (i.e., Technical Assistance Meeting) for project applicants; provided information regarding the City’s federally funded programs and application process Attendance noted; see Appendix N/A 5 Internet Outreach Non- Targeted/Broad Community April-May 2024 Notice of NAHAB meetings published online to City’s website and calendar N/A https://www.myc learwater.com/M y-Neighborhood- and-Community- Programs/Get- Involved-in-City- Government/Stre am-City- Meetings-View- Agendas City of Clearwater, FL 2024/2025 Annual Action Plan 22 Sort Order Mode of Outreach Target of Outreach Summary of response/ attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 6 Public Meeting Non-Targeted/Broad Community April 9, 2024; NAHAB Meeting Applicants presented potential projects to NAHAB and Technical Review Committee All comments recorded; see Appendix for meeting agenda/minutes https://www.myclearwater.com/M y-Neighborhood- and-Community- Programs/Get- Involved-in-City- Government/Stre am-City- Meetings-View- Agendas 7 Other (Technical Review Committee Meeting) Other (Technical Review Committee) April 4, 2024, and April 15, 2024; Technical Review Committee Meetings Technical Review Committee met to discuss applications/ presentations Attendance noted; see Appendix N/A 8 Public Hearing Non- Targeted/Broad Community May 14, 2024; NAHAB Meeting Technical Review Committee provided recommendations to NAHAB; NAHAB provided input on project selection/budget allocations All comments recorded; see Appendix for meeting agenda/minutes https://www.myc learwater.com/M y-Neighborhood- and-Community- Programs/Get- Involved-in-City-Government/Stre am-City- Meetings-View- Agendas 9 Newspaper Ad Non- Targeted/Broad Community June 5, 2024; June 12, 2024; July 7, 2024 Plan summary, notice of 30-day comment period, and notice of public hearings published in Tampa Bay Times N/A N/A City of Clearwater, FL 2024/2025 Annual Action Plan 23 Sort Order Mode of Outreach Target of Outreach Summary of response/ attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 10 Other (30-Day Public Comment Period) Non-Targeted/Broad Community June 9, 2024, thru July 8, 2024 Draft document made available on the City’s website and hard-copy locations (public buildings) N/A https://www.myclearwater.com/M y- Government/City- Departments/Eco nomic- Development/Gui ding-Documents- Plans-and- Reports 11 Public Hearing Non- Targeted/Broad Community July 9, 2024; NAHAB Meeting Public hearing to receive NAHAB input on plan/recommendation All comments recorded; see Appendix for meeting agenda/minutes https://www.myc learwater.com/M y-Neighborhood-and-Community- Programs/Get- Involved-in-City- Government/Stre am-City- Meetings-View- Agendas 12 Public Hearing Non- Targeted/Broad Community August 1, 2024; City Council Meeting Public hearing to receive City Council input on plan/approval All comments recorded; see Appendix for meeting agenda/minutes https://www.myc learwater.com/M y-Neighborhood- and-Community- Programs/Get-Involved-in-City- Government/Stre am-City- Meetings-View- Agendas Table 4 – Citizen Participation Outreach City of Clearwater, FL 2024/2025 Annual Action Plan 24 EXPECTED RESOURCES AP-15 Expected Resources – 91.220(c)(1,2) INTRODUCTION The Annual Action Plan must identify the federal, state, local, and private resources expected to be available to the City to address the priority needs and goals identified in the Five-Year Consolidated Plan. These resources are summarized in AP-15 (Table 5). The City of Clearwater expects a total entitlement allocation of $940,482 in CDBG funding for the 2024/2025 program year. Program income for CDBG, on hand and estimated, is expected to be approximately $1,310,415 (including $1,291,267 from the revolving loan program). Approximately $367,097 is expected from prior-year resources to be carried over. CDBG funds will be used for housing and community development activities including, but not limited to, housing-related acquisition and rehabilitation, homeless and special needs activities, public facilities and services, property acquisition and demolition for slum/blight removal, economic development, and administration of the City’s CDBG program. The City of Clearwater expects a total entitlement allocation of $400,221.70 in HOME funding for the 2024/2025 program year. Program income from HOME, on hand and estimated, is expected to be approximately $1,706,038 with approximately $2,791,413 in prior-year resources to be carried-over. HOME funds will be used for housing activities such as housing-related acquisition and new construction, purchase assistance, Tenant-Based Rental Assistance (TBRA), CHDO support, and administration of the City’s HOME program. The 2024/2025 Annual Action Plan represents “Year 5” of the 2020-2024 Consolidated Plan. The expected amount available during the remainder of the Consolidated Plan is based on the estimated amount remaining for the four-year period (i.e., 2021-2024) minus the entitlement allocation for the last year, Year 5 (2024/2025), excluding program income and prior-year resources. The Annual Action Plan must summarize the City of Clearwater’s priority needs and the specific goals it intends to initiate and/or complete within Year 5 of the Consolidated Plan. These goals must be described in quantitative terms. The City has selected goal outcome indicators and quantities based on the anticipated performance measures of the 2024/2025 Annual Action Plan. See AP-20 (Table 6). City of Clearwater, FL 2024/2025 Annual Action Plan 25 ANTICIPATED RESOURCES Program Source of Funds Uses of Funds Expected Amount Available Year 5, Annual Allocation: $ Expected Amount Available Year 5, Program Income: $ Expected Amount Available Year 5, Prior Year Resources: $ Expected Amount Available Year 5, Total: $ Expected Amount Available Remainder of Con Plan $ Narrative Description CDBG Public – Federal Acquisition, Admin and Planning, Economic Development, Housing, Public Improvements, Public Services $940,482 * $1,310,415 $367,097 $2,617,994 $106,080 The Federal CDBG allocation will be used for housing and community development activities. Funding from other sources may be leveraged against CDBG dollars for public benefit. HOME Public – Federal Acquisition, Homebuyer Assistance, Homeowner Rehab, Multifamily Rental New Construction, Multifamily Rental Rehab, New Construction for Ownership, TBRA $400,221.70 * $1,706,038 $2,791,413 $4,897,672.70 $129,342 The Federal HOME allocation will be used for housing activities. Funding from other sources may be leveraged against HOME dollars for public benefit. SHIP Public - State Acquisition, Homebuyer Assistance, Homeowner Rehab, Multifamily Rental New Construction, Multifamily Rental Rehab, New Construction for Ownership, TBRA $902,203** $996,114** $0** $1,898,317** $0 The State SHIP allocation will be used to match federal funding for housing activities. Table 5 – Expected Resources – Priority Table *HUD 2024 Formula Allocation ** SHIP amounts are included in this Annual Acton Plan because SHIP funding is effective in helping to achieve the goals set forth in the Consolidated Plan; however, outcomes resulting from SHIP funding are specifically excluded from this Annual Action Plan. Notes: Program income amounts are estimated amounts and actual amounts may differ if larger sums are received from loan payoffs. Prior year resource amounts were estimated based on activities to be encumbered by the end of September 2024. These amounts will be updated during the 2024 program year close-out. City of Clearwater, FL 2024/2025 Annual Action Plan 26 EXPLAIN HOW FEDERAL FUNDS WILL LEVERAGE THOSE ADDITIONAL RESOURCES (PRIVATE, STATE, AND LOCAL FUNDS), INCLUDING A DESCRIPTION OF HOW MATCHING REQUIREMENTS WILL BE SATISFIED Other resources, such as private and non-federal public sources may become available to the City of Clearwater during the program year. For CDBG leveraging, these resources may include funding from State Housing Initiatives Partnership (SHIP), Community Redevelopment Agency (CRA), City departments (e.g., Engineering, Parks, and Recreation, etc.), non-profit public facility or service providers, or other sources. The City will also look to leverage funds, if available, from lending institutions, homeowner contributions, SHIP, CHDOs, PHA, and other housing partners/agencies against HOME dollars. The City shall assure that HUD requirements as they relate to non-Federal share will be utilized as referenced in 24 CFR 570.201(g) [https://www.ecfr.gov/current/title-24/part-570/section-570.201#p-570.201(g)] for any project in which CDBG or HOME funding is used as the non-federal match. In the future, the City will continue to aggressively pursue funding from private, public, and federal sources to address housing and community development needs. City of Clearwater, FL 2024/2025 Annual Action Plan 27 IF APPROPRIATE, DESCRIBE PUBLICLY OWNED LAND OR PROPERTY LOCATED WITHIN THE JURISDICTION THAT MAY BE USED TO ADDRESS THE NEEDS IDENTIFIED IN THE PLAN The City of Clearwater owns properties within low- and moderate-income areas of its jurisdiction. The City also maintains an “Affordable Housing Inventory List” that is updated periodically by City resolution. The most recent iteration was approved in 2023 with the adoption of Resolution No. 23-13. Currently, there are 30 properties on this list. These properties are located on the following streets: Madison, Nathans Lane, Cleveland Street, Evergreen Avenue, Park Street, Palmetto Street, Martin Luther King Jr. Avenue, Tangerine Street, Engman Street, Pennsylvania Avenue, Grant Street, Marshall Street, and Taft Avenue. As part of the City’s reporting for the SHIP program, the City’s Affordable Housing Advisory Committee (AHAC) regularly reviews this list for opportunities to support affordable housing production in coordination with local developers and other housing partners/agencies. This list is updated each year. The 30 properties currently on the list represent a number of unique development opportunities for affordable housing. DISCUSSION The City’s anticipated funding allocation from CDBG and HOME will address many of the City’s goals, including those pertaining to housing, homelessness, non-homeless special needs, community development and public services, and economic development. Program administration activities, though not part of the application process, will also be funded. No activities pertaining to emergency/disaster response are included in the fifth-year Annual Action Plan; however, this goal is reserved for future unforeseen needs should they arise. The City is fortunate to have a network of public service providers and partner agencies to help address these goals through financial leveraging with non-federal sources such as SHIP and other private, public, and federal sources. City of Clearwater, FL 2024/2025 Annual Action Plan 28 ANNUAL GOALS AND OBJECTIVES AP-20 Annual Goals and Objectives GOALS SUMMARY INFORMATION Continued next page. City of Clearwater, FL 2024/2025 Annual Action Plan 29 Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Program Administration 2024 2025 Other (Administration) Citywide Low- and Moderate-Income Areas Program Administration CDBG: $203,226*; HOME: $57,222; SHIP: $114,220.30** Other: 0 Other (N/A) 2 Housing 2024 2025 Affordable Housing; Public Housing Citywide Low- and Moderate-Income Areas; North Greenwood NRSA Housing New Construction (Owner and Rental); Housing Rehabilitation (Owner and Rental); Homeowner Assistance; Rental Assistance CDBG: $1,235,056*; HOME: $4,840,450.70; SHIP: $1,784,096.70** Rental units Constructed: 5 Household/Housing Units; Rental Units Rehabilitated: 22 Household/Housing Units; Homeowner Housing Added: 7 Household/Housing Units; Homeowner Housing Rehabilitated: 7 Household/Housing Units; Tenant-Based Rental Assistance/Rapid Rehousing: 60 Households Assisted; Direct Financial Assistance to Homebuyers: 7 Households Assisted; Other: 0 Other City of Clearwater, FL 2024/2025 Annual Action Plan 30 Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 3 Homelessness 2024 2025 Homeless Citywide Low- and Moderate-Income Areas; North Greenwood NRSA Facilities/Services for Homeless Adults & Families; Case Management; Health Services CDBG: $366,572 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 800 Persons Assisted; Public service activities other than Low/Moderate Income Housing Benefit: 207 Persons Assisted; Homeless Person Overnight Shelter: 125 Persons Assisted 4 Non-Homeless Special Needs 2024 2025 Non-Homeless Special Needs Citywide Low- and Moderate-Income Areas Facilities/Services for Persons with Disabilities CDBG: $110,330 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 100 Persons Assisted 5 Community Development and Public Services 2024 2025 Non-Housing Community Development Citywide Low- and Moderate-Income Areas; North Greenwood NRSA Health Services; Community Building/Facility Rehab/Retrofit; Code Enforcement/Blight Elimination CDBG: $212,250 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 520 Persons Assisted; Other: 3 Other City of Clearwater, FL 2024/2025 Annual Action Plan 31 Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 6 Economic Development 2024 2025 Non-Housing Community Development Citywide Low- and Moderate-Income Areas Building Facade Improvements; Economic Opportunity/Business Assistance CDBG: $490,560* Facade treatment/business building rehabilitation: 7 Businesses; Businesses assisted: 42 Businesses Assisted 7 Emergency/ Disaster Response 2024 2025 Other (Emergency/ Disaster Response) Citywide Low- and Moderate-Income Areas Emergency/Disaster Response (TBD) based on urgent Need CDBG: $0; HOME: $0 Other: 0 Other (N/A) Table 6 – Goals Summary *Note: Includes funding from CDBG Revolving Loan Fund ** SHIP amounts are included in this Annual Acton Plan because SHIP funding is effective in helping to achieve the goals set forth in the Consolidated Plan; however, outcomes resulting from SHIP funding are specifically excluded from this Annual Action Plan. City of Clearwater, FL 2024/2025 Annual Action Plan 32 GOAL DESCRIPTIONS Sort Order 1 Goal Name Program Administration Goal Description Administer the City of Clearwater’s federally funded grant programs to implement the goals of the Five-Year Consolidated Plan. | CDBG: $203,226*; HOME: $57,222; SHIP: $114,220.30** Sort Order 2 Goal Name Housing Goal Description Provide availability of and accessibility to decent affordable housing for the residents of the City of Clearwater. | CDBG: $1,235,056* (See note below); HOME: $4,840,450.70; SHIP: $1,784,096.70** Sort Order 3 Goal Name Homelessness Goal Description Help to prevent and reduce homelessness within the City of Clearwater. | CDBG: $366,572 Sort Order 4 Goal Name Non-Homeless Special Needs Goal Description Expand the accessibility and coordination of social services to City of Clearwater special needs populations. | CDBG: $110,330 Sort Order 5 Goal Name Community Development and Public Services Goal Description Enhance the living environment for persons in low- and moderate-income areas through community development activities, public service programs, and elimination of blight. | CDBG: $212,250 Sort Order 6 Goal Name Economic Development Goal Description Support programs that create economic opportunities in the City of Clearwater, particularly for persons of low and moderate income and in Neighborhood Revitalization Strategy Areas (NRSAs). | CDBG: $490,560* Sort Order 7 Goal Name Emergency/Disaster Response Goal Description Provide assistance prior to, during, and after a community emergency and/or disaster event to prepare for and/or mitigate loss, protect during an event, and aid with recovery. | CDBG: $0 | HOME: $0 [Priority needs to be determined (TBD) based on urgent need.] Notes: *Includes funds in Revolving Loan Program (CDBG); ** SHIP amounts are included in this Annual Acton Plan because SHIP funding is effective in helping to achieve the goals set forth in the Consolidated Plan; however, outcomes resulting from SHIP funding are specifically excluded from this Annual Action Plan. City of Clearwater, FL 2024/2025 Annual Action Plan 33 ESTIMATE THE NUMBER OF EXTREMELY LOW-INCOME, LOW-INCOME, AND MODERATE- INCOME FAMILIES TO WHOM THE JURISDICTION WILL PROVIDE AFFORDABLE HOUSING AS DEFINED BY HOME 91.215(B) Through the available CDBG and HOME funding for the 2024/2025 program year, the City will provide affordable housing activities to support approximately 108 low- and moderate-income households. Activities to support low- and moderate-income households will include acquisition, rehabilitation, and/or new construction of affordable housing, purchase assistance, and rental assistance. Additionally, the City will fund homeownership education and counseling activities toward homeownership using State SHIP funding (i.e., not CDBG or HOME). Although SHIP funding amounts are included in this Annual Acton Plan, outcomes resulting from SHIP funding are specifically excluded from this Annual Action Plan. City of Clearwater, FL 2024/2025 Annual Action Plan 34 PROJECTS AP-35 Projects – 91.220(d) INTRODUCTION The City’s planned actions for the 2024/2025 Annual Action Plan are intended to support housing and community development for the City’s low- and moderate-income, homeless, and special needs populations. The City will continue to operate its CDBG and HOME programs through the Economic Development and Housing Department, which will continue to provide funding for housing rehabilitation, housing construction, and homeownership and rental assistance. These actions will further the goal of improving the availability of and accessibility to affordable housing in Clearwater. As in the past, the City will continue to coordinate with housing and public service providers to address the needs of homeless and non-homeless special needs populations generally assumed to be low- and moderate-income. During the 2024/2025 program year, the City will fund activities that provide public facilities and services to the homeless and those at risk of becoming homeless, persons with disabilities, and persons of low- and moderate-income. Planned community development activities include improvements to public facilities that serve these populations and economic development activities that may support business assistance and building façade improvements. The City’s planned actions for the 2024/2025 Annual Action Plan are summarized in AP-35 and AP-38 (see Table 7). City of Clearwater, FL 2024/2025 Annual Action Plan 35 PROJECTS Sort Order Project Name 1 City of Clearwater – CDBG General Administration/Planning 2 City of Clearwater – HOME General Administration/Planning 3 City of Clearwater – Administration from Program Income 4 City of Clearwater – SHIP General Administration/Planning 5 Creation and Preservation of Rental Housing 6 Creation and Preservation of Owner-Occupied Housing 7 Home Purchase Assistance/Loan Processing 8 Tenant-Based Rental Assistance (TBRA) 9 CHDO Set-Aside – FY 24-25 10 Homeownership Education and Counseling 11 HEP – Family Transition Program Renovation Project 12 Metropolitan Ministries – NeighborHOPE North Greenwood Program 13 WestCare GulfCoast-Florida – A Turning Point Case Manager and LPN Salary Support 14 HEP – Kitchen and Dining Hall Renovation 15 St. Vincent de Paul CARES – Returning HOME-Clearwater Rapid Rehousing Program 16 Learning Independence for Tomorrow - LiFT Academy Playground for Neurodivergent Children 17 Willa Carson Health and Wellness Center – Clinic Rehabilitation 18 Property Acquisition & Demolition – Elimination of Slum & Blight 19 Prospera – Technical Assistance for LMI Hispanic Businesses 20 WeeCare dba Upwards – BOOST Program 21 Façade Improvement Loan-to-Grant Projects Table 7 – Project Information City of Clearwater, FL 2024/2025 Annual Action Plan 36 DESCRIBE THE REASONS FOR ALLOCATION PRIORITIES AND ANY OBSTACLES TO ADDRESSING UNDERSERVED NEEDS The allocation priorities are focused on six (6) goals from the Consolidated Plan: program administration, housing, homelessness, non-homeless special needs, community development and public services, and economic development. No funding was allocated to emergency/disaster response; however, this goal is reserved for unforeseen urgent need activities. Strategic Plan Goal CDBG + HOME (% of Total Funding)* Program Administration $260,448 (3.5%) Housing $6,075,506.70 (80.8%) Homelessness $366,572 (4.9%) Non-Homeless Special Needs $110,330 (1.5%) Community Development and Public Services $212,250 (2.8%) Economic Development $490,560 (6.5%) Emergency/Disaster Response $0 (0.0%) TOTAL $7,515,667 *Includes program income and prior year resources. Excludes SHIP (State) resources. Percentages have been rounded. It is important to note that total funding for public services is capped at 15% of the total CDBG allocation. Total funding for activities related to administration is capped at 20% for CDBG and 10% for HOME. For the 2024/2025 program year, just under 15% ($141,072) of the CDBG allocation is programmed for public services and 20% ($188,096.40) and 10% ($40,022) are programmed for administration of CDBG and HOME, respectively. The programmed set-aside for CHDO activities ($144,268) is 36% of the HOME allocation. The COVID-19 pandemic and more recently economic inflation have further increased the needs of lower income residents. Combined, these events have generally increased the demand for public services, which places additional burden on housing and public service providers within the city. Although HUD previously waived public service and administration caps for some federally funded programs, these served as only temporary solutions to ongoing economic obstacles for lower income residents. In Clearwater, the lack of available land and rapidly rising housing prices continue to be a barrier to affordable housing. Rapidly rising housing prices have also increased the need for affordable rental units for households priced out of the owner market. Affordable rental development projects are needed to offset the large proportion of high-end apartment complexes in the city. City of Clearwater, FL 2024/2025 Annual Action Plan 37 AP-38 Project Summary PROJECT SUMMARY INFORMATION Sort Order 1 Project Name City of Clearwater – CDBG General Administration/Planning Target Area Citywide Low- and Moderate-Income Areas Goals Supported Program Administration Needs Addressed Program Administration Funding CDBG: $188,096.40 Description Administration of CDBG program. Target Date 9/30/2025 Estimate the number and type… Other: 0 other Location Description 509 S. East Avenue, Suite 227, Clearwater, FL 33756 (Citywide/Clearwater) Planned Activities Administration of CDBG program Sort Order 2 Project Name City of Clearwater – HOME General Administration/Planning Target Area Citywide Low- and Moderate-Income Areas Goals Supported Program Administration Needs Addressed Program Administration Funding HOME: $40,022 Description Administration of HOME program. Target Date 9/30/2025 Estimate the number and type… Other: 0 other Location Description 509 S. East Avenue, Suite 227, Clearwater, FL 33756 (Citywide/Clearwater) Planned Activities Administration of HOME program Sort Order 3 Project Name City of Clearwater – Administration from Program Income Target Area Citywide Low- and Moderate-Income Areas Goals Supported Program Administration Needs Addressed Program Administration Funding CDBG: $2,289.60; CDBG (RLF): $12,840; HOME: $17,200; SHIP: $24,000* Description Administration of CDBG, HOME, and SHIP programs; funding from program income. Target Date 9/30/2025 Estimate the number and type… Other: 0 other Location Description 509 S. East Avenue, Suite 227, Clearwater, FL 33756 (Citywide/Clearwater) Planned Activities Program administration Sort Order 4 Project Name City of Clearwater – SHIP General Administration/Planning Target Area Citywide Low- and Moderate-Income Areas Goals Supported Program Administration Needs Addressed Program Administration City of Clearwater, FL 2024/2025 Annual Action Plan 38 Funding SHIP: $90,220.30* Description Administration of SHIP program. Target Date 9/30/2025 Estimate the number and type… Other: 0 other Location Description 509 S. East Avenue, Suite 227, Clearwater, FL 33756 (Citywide/Clearwater) Planned Activities Administration of SHIP program Sort Order 5 Project Name Creation and Preservation of Rental Housing Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing New Construction (Owner and Rental); Housing Rehabilitation (Owner and Rental) Funding CDBG: $93,594.50; CDBG (RLF): $614,867; HOME: $1,845,082.70; SHIP: $701,625.70* [Federal Total: $2,553,544.20] Description Funds provided as loans for construction or rehabilitation of multi-family units. Target Date 9/30/2025 Estimate the number and type… Rental Units Constructed: 5 household/housing units; Rental Units Rehabilitated: 22 household/housing units Location Description Citywide Planned Activities Multi-family housing construction or rehabilitation (including land acquisition, if applicable) Sort Order 6 Project Name Creation and Preservation of Owner-Occupied Housing Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing New Construction (Owner and Rental); Housing Rehabilitation (Owner and Rental) Funding CDBG: $93,594.50; CDBG (RLF): $433,000; HOME: $1,000,000; SHIP: $590,921* [Federal Total: $1,526,594.50] Description Funds provided as loans for construction or rehabilitation of single-family homes. Target Date 9/30/2025 Estimate the number and type… Homeowner Housing Added: 5 household/housing units; Homeowner Housing Rehabilitated: 7 household/housing units Location Description Citywide Planned Activities Single-family housing construction or rehabilitation (including land acquisition, if applicable) Sort Order 7 Project Name Home Purchase Assistance/Loan Processing Target Area Citywide Low- and Moderate-Income Areas; North Greenwood NRSA Goals Supported Housing Needs Addressed Homeowner Assistance Funding HOME: $1,529,700; SHIP: $386,550* [Federal Total: $1,529,700] City of Clearwater, FL 2024/2025 Annual Action Plan 39 Description Funds and related loan processing services for direct financial assistance to qualified/eligible low- and moderate-income households for Home Purchase Assistance. Target Date 9/30/2025 Estimate the number and type… Direct Financial Assistance to Homebuyers: 7 households assisted Location Description Citywide; 2139 NE Coachman Rd., Clearwater, FL 33765; 608 N. Garden Ave., Clearwater, FL 33755 Planned Activities Home Purchase Assistance program and related administration (City-administered, existing homes); Partnerships with Tampa Bay Neighborhood Housing Services and Suncoast Housing Connections programs (processing fees). Sort Order 8 Project Name Tenant-Based Rental Assistance (TBRA) Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Rental Assistance Funding HOME: $321,400; SHIP: $50,000 [Federal Total: $321,400] Description Funds provided for Tenant-Based Rental Assistance to eligible households. Target Date 9/30/2025 Estimate the number and type… Tenant-Based Rental Assistance/Rapid Rehousing: 60 households assisted Location Description Citywide Planned Activities Tenant-Based Rental Assistance program/administration Sort Order 9 Project Name CHDO Set-Aside – FY 24-25 Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing New Construction (Owner and Renter) Funding HOME: $144,268 Description Community Housing Development Organization (CHDO) Set-Aside. Funds mandated to local CHDO to carry out housing activities. Target Date 9/30/2025 Estimate the number and type… Homeowner Housing Added: 2 household/housing unit Location Description Citywide Planned Activities CHDO Set-Aside Sort Order 10 Project Name Homeownership Education and Counseling Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Homeowner Assistance Funding SHIP: $55,000 [Federal Total: $0] Description Funds provided for homeownership education and counseling for low- to moderate- income households. City of Clearwater, FL 2024/2025 Annual Action Plan 40 Target Date 9/30/2025 Estimate the number and type… Other: 0 other Location Description 2139 N.E. Coachman Rd., Clearwater, FL 33765 Planned Activities Homeownership education and counseling Sort Order 11 Project Name HEP – Family Transition Program Renovation Project Target Area North Greenwood NRSA Goals Supported Homelessness Needs Addressed Facilities/Services for Homeless Adults & Families Funding CDBG: $140,500 Description Funds provided for rehabilitation of the Family Transition Program (FTP) Efficiency Apartments. This facility provides eight one-bedroom efficiency apartments for families with children who are experiencing homelessness. Families receive case management and an array of supportive services to help them obtain and sustain affordable housing in the community with the resources needed to ensure they never experience homelessness again. Target Date 9/30/2025 Estimate the number and type… Homeless Person Overnight Shelter: 125 Persons Assisted Location Description 1277 Otis C. Green Dr., Clearwater, FL 33755 Planned Activities This Public Facilities project may include: (1) Replacement of the roof; (2) replacement of siding; (3) replacement of windows; (4) replacement of exterior doors; (5) renovation of stairwell and porch including redesigning stairwell, porch, and ADA ramp to accommodate apartment units 3, 4, 5, & 6; and demo existing and construct new stairwell, porch, and ADA ramp according to new design; (6) removal of three large oak trees and grinding stumps (subject to permit approval by the City of Clearwater) for the trees close to the building and where the roots lift the sidewalks, creating a safety hazard; and (7) renovation of crawlspace ventilation including design and implementation of new drainage solution, and addition of passive air vents, moisture barrier, and mechanical ventilation. Sort Order 12 Project Name Metropolitan Ministries – NeighborHOPE North Greenwood Program Target Area North Greenwood NRSA Goals Supported Homelessness Needs Addressed Facilities/Services for Homeless Adults & Families; Case Management Funding CDBG: $47,024 Description Funds provided for salary support for a full-time Case Manager for the NeighborHOPE North Greenwood Program. The NeighborHOPE North Greenwood Program addresses the needs of households experiencing poverty and family homelessness in Clearwater. Target Date 9/30/2025 Estimate the number and type… Public Service Activities other than Low/Moderate Income Housing Benefit: 89 persons assisted City of Clearwater, FL 2024/2025 Annual Action Plan 41 Location Description 1310 N. Martin Luther King Jr. Ave., Clearwater, FL 33755 Planned Activities The Case Manager (CM) will provide housing services and community resources to families in North Greenwood who are at risk of becoming homeless. The CM assesses the strengths and opportunities of each family and works with households to develop self-sufficiency goals and create a self-sufficiency plan. The CM connects participants to community resources to address employment, education, health, mental health, childcare, financial wellness, and any other needs related to family wellbeing. When necessary, housing search assistance and referrals to community housing programs are provided to prevent homelessness. Metropolitan Ministries (MM) will provide community navigation, resources, and case management to job seekers who are homeless or at risk of homelessness. MM is an active member of the Pinellas Homeless Leadership Alliance (HLA) and is experienced in using the Pinellas Homeless Management Information System (HMIS) to document client services and assess project outcomes. The project supports the HLA Continuum of Care's housing first service delivery model. Sort Order 13 Project Name WestCare GulfCoast-Florida – A Turning Point Program Target Area Citywide Low- and Moderate-Income Areas Goals Supported Homelessness Needs Addressed Facilities/Services for Homeless Adults & Families; Case Management; Health Services Funding CDBG: $47,024 Description Funds provided for partial salary support and fringe for a full-time Case Manager and a part-time Licensed Practical Nurse at A Turning Point (ATP). ATP is an emergency intervention shelter and inebriate receiving facility that provides emergency shelter services for homeless adults with substance use problems, many of whom also have co-occurring mental health problems. Target Date 9/30/2025 Estimate the number and type… Public Service Activities other than Low/Moderate Income Housing Benefit: 100 persons assisted Location Description 1801 5th Ave. N., St. Petersburg, FL, 33713 (Citywide/Clearwater) Planned Activities The Case Manager (CM) is responsible for the delivery of individual, group, and family counseling services, screening, assessment, crisis management and linkage to other needed services; the CM provides the following services: (1) Linkage to substance use and/or co-occurring mental health disorder treatment, including residential treatment; (2) linkages to housing; (3) assistance in obtaining benefits; (4) life-skills training; and (5) recovery support services. Individual and group sessions include mutual aid support groups (such as 12-step programs), Seeking Safety (a strengths- based, evidence-based behavioral health practice focused on reducing risk-factors and strengthening supports), motivational interviewing, and other evidence-based practices. CMs provide linkages to physical health services and other community- based services indicated and identified in case plans that promote recovery and housing stabilization. The LPN on staff provides first-aid services, health education, and healthcare screenings to clients at intake, most of whom have neglected their health due to their homeless status. The LPN facilitates further medical care for those clients with immediate needs and connects them with community healthcare and City of Clearwater, FL 2024/2025 Annual Action Plan 42 insurance providers. Funds provided to extend nursing services to weekday evenings and weekends; by providing additional hours of nursing, ATP will be able to increase intakes, and serve more clients, while providing a higher quality of medical oversight to clients. Sort Order 14 Project Name HEP – Kitchen and Dining Hall Renovation Target Area North Greenwood NRSA Goals Supported Homelessness Needs Addressed Facilities/Services for Homeless Adults & Families Funding CDBG: $85,000 Description Funds provided for renovation of the HEP Kitchen and Dining Hall. HEP's facilities provide critical supportive services for homeless individuals and families, including seniors, disabled, and veterans. This facility serves breakfast, lunch, and dinner to HEP's guests and residents. The Hall is open seven days a week and serves many people, including homeless adults and children, senior citizens, and Veterans. Target Date 9/30/2025 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 800 persons assisted Location Description 1200 N. Betty Ln., Clearwater, FL, 33755 Planned Activities This Public Facilities project may include: (1) Replacement of flooring in the dining room; (2) painting of all interior walls in the kitchen and dining hall; (3) installation of new bathroom fixtures for the three bathrooms in the kitchen and dining hall; (4) replacement of drop ceiling tiles and insulation in the kitchen and dining hall; (5) installation of new LED light fixtures in the kitchen and dining hall; (6) installation of new AC supply and return grills; and (7) installation of new kitchen hood exhaust makeup air system. Sort Order 15 Project Name St. Vincent de Paul CARES – Returning HOME-Clearwater Rapid Rehousing Program Target Area Citywide Low- and Moderate-Income Areas Goals Supported Homelessness Needs Addressed Facilities/Services for Homeless Adults & Families; Case Management Funding CDBG: $47,024 Description Funds provided for salary support and fringe for a Case Manager (0.50 FTE), a Housing Specialist (0.10 FTE), an Operations Manager (0.015 FTE), and a Grant Accountant (0.015 FTE) for the Returning Home-Clearwater Rapid Rehousing Program. The program will help persons experiencing homelessness to swiftly move into permanent housing, and to develop a plan for addressing barriers to retaining stability to avoid a return to homelessness. Target Date 9/30/2025 Estimate the number and type… Public Service Activities other than Low/Moderate Income Housing Benefit: 18 persons assisted Location Description 2735 Whitney Rd., Clearwater, FL, 33760 Planned Activities The Case Manager (CM) works with clients to address urgent needs such as emergency housing, food, water, health care, or legal services. CM then works with participants to develop a client-driven housing stability plan focused on the barriers City of Clearwater, FL 2024/2025 Annual Action Plan 43 to accessing housing and later to address barriers to housing retention and long-term stability. Once clients move into permanent housing, CMs conduct regular home visits and focus on the issues that could interfere with long-term stability. This includes being a good tenant and neighbor, intervening with property management, increasing financial resources, and connecting to community resources to avert a future housing crisis. The project uses a strengths-based approach that empowers clients to make their own choices and progressive engagement, which identifies just what is needed to resolve the housing crisis, providing additional support as needed. CMs maximize access to community resources to address the needs identified by the household. The Housing Specialist reviews with clients the barriers that impede their access to housing and their housing preferences. This includes location, type of unit, amenities, and proximity to places frequented by the household. The Housing Specialist reviews available market-rate and subsidized housing units that are closely aligned with their preferences, within their budget based on reasonable income assumptions, and meet rent reasonableness. Clients are shown properties that most closely represent their desires. The average number of hours the Housing Specialist works with each household is 20. Supervision and direct project oversight are provided by the Operations Manager allocated to the project, and the Grant Accountant provides the financial management support. Sort Order 16 Project Name Learning Independence for Tomorrow – LiFT Academy Playground for Neurodivergent Children Target Area Citywide Low- and Moderate-Income Areas Goals Supported Non-Homeless Special Needs Needs Addressed Facilities/Services for Persons with Disabilities Funding CDBG: $110,330 Description Funds provided for installation of a playground on the campus of Learning Independence for Tomorrow (LiFT), a Clearwater based school that serves children (ages 5+) and adults living with neurodiversity. Target Date 9/30/2025 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 100 Persons Assisted Location Description 1005 S. Highland Ave., Clearwater, FL, 33756 Planned Activities Founded in 2013, LiFT currently serves approximately 170 children and young adults dealing with autism, Down syndrome, ADHD, dyslexia, Tourette syndrome, OCD, learning disabilities, processing disorders, and other developmental delays. Installing a playground to serve the K-6 student population will meet essential needs of the young student population and mark a key step in the school's continued development as a resource to the local population of families with neurodivergent children. To that end, LiFT has developed plans and identified essential equipment to be included in the outfitting of the playground with stimulating, safe, and inclusive opportunities for play at recess. This Public Facilities project may include: (1) Playground equipment; (2) Playground shade structure(s); and (3) Playground rules and safety signs made of high-quality aluminum. Sort Order 17 City of Clearwater, FL 2024/2025 Annual Action Plan 44 Project Name Willa Carson Health and Wellness Center – Clinic Rehabilitation Target Area North Greenwood NRSA Goals Supported Community Development & Public Services Needs Addressed Health Services; Community Building/Facility Rehab/Retrofit Funding CDBG: $112,250 Description Funds provided for rehabilitation of the clinic and includes Americans with Disabilities Act (ADA) improvements. This facility provides free, easily accessible healthcare in the heart of the North Greenwood community to uninsured adults who meet the income criteria. Target Date 9/30/2025 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 520 Persons Assisted Location Description 1108 N. Martin Luther King Jr. Ave., Clearwater, FL, 33755 Planned Activities This Public Facilities project may include: (1) Restroom Rehabilitation: Remove and replace piping, sinks, toilets, and partitions. Furnish and install new partitions (synthetic, low to floor). Furnish and install new ADA sinks and fixtures in each restroom (include ADA accessible stall). Furnish and install ADA height toilets. Include wax ring and caulk bases and sinks for a complete installation; (2) HVAC: Remove and replace existing air handlers and condenser units and install with new, properly sized units for existing space. Remove and replace existing ductwork and replace with new. Remove and replace existing vent registers and replace with new; (3) Flooring Throughout: Remove all existing floor tile and baseboards and prep for installation of LVP tile flooring and baseboards throughout. Furnish and install Click Lock Waterproof Plank Flooring throughout. Furnish and install baseboards throughout; (4) Check-In Lobby: Remove and replace existing cabinets and countertop with new. Replace with units similar in appearance and design to other areas; (5) Therapy/Consultation Room: Prep and paint room to a cool/muted shade of green or blue that offers a balanced, calming feeling association with the ADA recommended colors/hues. Green lessens agitation and stress. Blue lessens anxiety. This is especially important as the WCHWC has partnered with New Vision Behavioral Health to provide mental health counseling for ages 7 and up; (6) Fence: Furnish and install 6’ tall industrial grade aluminum fencing in rear yard area to aid in security for the building; (7) Security Cameras: Furnish and install 5 security cameras compatible with existing system. Include all electrical and wiring to connect to existing monitoring station; and (8) Monitoring Station: Furnish and install one new monitoring station including monitor, wiring and wall mounting. Sort Order 18 Project Name Property Acquisition & Demolition – Elimination of Slum & Blight Target Area Citywide Low- and Moderate-Income Areas Goals Supported Community Development & Public Services Needs Addressed Code Enforcement/Blight Elimination Funding CDBG: $100,000 Description Property acquisition and demolition for removal of slum/blight. Target Date 9/30/2025 City of Clearwater, FL 2024/2025 Annual Action Plan 45 Estimate the number and type… Other: 3 other Location Description Citywide Planned Activities Property acquisition and demolition for removal of slum/blight. Sort Order 19 Project Name Prospera – Technical Assistance for LMI Hispanic Businesses Target Area Citywide Low- and Moderate-Income Areas Goals Supported Economic Development Needs Addressed Economic Opportunity/Business Assistance Funding CDBG: $30,000 Description Funds provided for economic development activities to provide technical assistance to entrepreneurs and existing microenterprise businesses. Target Date 9/30/2025 Estimate the number and type… Businesses assisted: 20 Businesses Assisted Location Description 2465 Drew St., Clearwater, FL, 33765 Planned Activities Activities include educational seminars, one-on-one technical assistance/consulting, and bilingual business development services and training. Services will be billed at a unit cost rate. Subcontracted services, which will allow startups and existing businesses to receive advanced business development services at no cost, may include: Legal Assessment, Accounting Assessment, Quickbooks Training, Marketing Plan, Branding Kit, Business Plan for Operation, and Business Plan for Access to Capital. Sort Order 20 Project Name WeeCare dba Upwards – BOOST Program Target Area Citywide Low- and Moderate-Income Areas Goals Supported Economic Development Needs Addressed Economic Opportunity/Business Assistance Funding CDBG: $50,000 Description Funds provided for salary support and fringe for BOOST Program personnel, who work directly with the microenterprise daycare businesses and their customers, to deliver the BOOST Program. Upwards’ BOOST program (Business Operation & Optimization Support Tools) provides technical assistance and business support to Family Child Care providers who run daycares. They serve children ages 0-5 (and up to age 13 with before/after school care). The program’s goal is to expand economic opportunities for these daycare providers in Clearwater by training them to use essential tools that make their operations more efficient. This will enable them to reach their full revenue potential and stabilize their jobs in the childcare industry. Target Date 9/30/2025 Estimate the number and type… Businesses assisted: 22 Businesses Assisted Location Description 5521 N. University Dr., Suite 104, Coral Springs, FL 33067 (Citywide/Clearwater) Planned Activities Through BOOST, daycare providers get personal guidance, relevant technology tools and learn best practices to grow and sustain their business, all while supporting the LMI families they serve. CDBG funds will be used to coach each daycare provider, City of Clearwater, FL 2024/2025 Annual Action Plan 46 enhance their business model, and train them to use Upwards' Child Care Management Software (CCMS). Each daycare provider will create an action plan to set their business goals and apply the new tools to achieve them. Services include help matching with families and enrolling children into their program, tuition collection, weekly evidence-based curriculum and activity suggestions, guidance on licensing regulations and expansion, staff recruitment, and more. In the BOOST Program model, all fees are waived, making Upwards' tools and services free for each participating daycare microenterprise and family. Sort Order 21 Project Name Façade Improvement Loan-to-Grant Projects Target Area Citywide Low- and Moderate-Income Areas Goals Supported Economic Development Needs Addressed Building Facade Improvements Funding CDBG: $180,000; CDBG (RLF): $230,560 Description Funds provided to support future façade improvement projects to be determined. Target Date 9/30/2025 Estimate the number and type… Facade treatment/business building rehabilitation: 7 Businesses Location Description Citywide Planned Activities Façade improvement loan-to-grant projects. * SHIP amounts are included in this Annual Acton Plan because SHIP funding is effective in helping to achieve the goals set forth in the Consolidated Plan; however, outcomes resulting from SHIP funding are specifically excluded from this Annual Action Plan. City of Clearwater, FL 2024/2025 Annual Action Plan 47 AP-50 Geographic Distribution – 91.220(f) DESCRIPTION OF THE GEOGRAPHIC AREAS OF THE ENTITLEMENT (INCLUDING AREAS OF LOW- INCOME AND MINORITY CONCENTRATION) WHERE ASSISTANCE WILL BE DIRECTED For the 2024/2025 Annual Action Plan, the City of Clearwater will provide direct assistance to low- and moderate-income areas and approved Neighborhood Revitalization Strategy Areas (NRSAs) of the City. The geographic distribution of funding percentages shown in Table 8 are based on the 2024/2025 (Year 5) CDBG funding amounts, excluding projects funded with revolving loan funds. The geographic distribution is misleading since few projects are solely concentrated in a specific NRSA. Most projects are not solely concentrated in a NRSA but are included in the citywide low- and moderate-income areas and multiple NRSAs. These percentages include projects related to housing or public services that will benefit multiple areas. See Map 1 titled, “Low- and Moderate-Income Areas” for a graphical representation of low- and moderate-income area locations. See Map 2 titled, “Neighborhood Revitalization Strategy Areas Map” for the locations of the City’s strategy areas. [Maps are included in the Appendix.] GEOGRAPHIC DISTRIBUTION Target Area Percentage of Funds North Greenwood NRSA 29% Lake Bellevue NRSA 0% Downtown Gateway NRSA 0% Citywide Low- and Moderate-Income Areas 71% Table 8 – Geographic Distribution City of Clearwater, FL 2024/2025 Annual Action Plan 48 Map 1 – Low- and Moderate-Income Areas City of Clearwater, FL 2024/2025 Annual Action Plan 49 Map 2 – Neighborhood Revitalization Strategy Areas Map City of Clearwater, FL 2024/2025 Annual Action Plan 50 RATIONALE FOR THE PRIORITIES FOR ALLOCATING INVESTMENTS GEOGRAPHICALLY Four (4) areas have been designated as either Local Target Areas or Strategy Areas within the City of Clearwater. These are Citywide Low- and Moderate-Income Areas, North Greenwood NRSA, Lake Bellevue NRSA, and Downtown Gateway NRSA. These neighborhoods were identified in previous Consolidated Plans and updated in the current 2020-2024 Consolidated Plan. The designation of Local Target Areas and Strategy Areas increases the potential for coordinated planning and investment. The areas selected for the 2020-2024 Consolidated Plan were confirmed through the citizen participation process, which included service provider and community meetings, as well as meetings with staff of the City’s Economic Development and Housing Department. Each of these areas meets the eligibility requirements for low- and moderate-income benefit. While Local Target Areas and Strategy Areas allow the City to plan and invest in a coordinated manner, they do not limit the City from expending funds in other areas of Clearwater that also meet the eligibility requirements for low- and moderate-income benefit. DISCUSSION The City of Clearwater has identified 21 projects to implement the goals of the Consolidated Plan’s Strategic Plan during the fifth year of the 2020-2024 Consolidated Plan. These projects benefit low- and moderate-income persons Citywide and within the City’s NRSAs. Projects with Citywide benefit include activities related to housing, homelessness, non-homeless special needs, community development and public services, and economic development that meet the needs of income-eligible persons or households. Program administration activities also provide indirect Citywide benefit. City of Clearwater, FL 2024/2025 Annual Action Plan 51 AFFORDABLE HOUSING AP-55 Affordable Housing – 91.220(g) INTRODUCTION The City of Clearwater places a high priority on providing housing assistance, such as homeownership education/counseling and Fair Housing activities, to promote homeownership. Additionally, the City facilitates the construction of new affordable housing units to increase the supply of affordable housing and thereby address demand. These priority needs shall be addressed, in part, by local non-profit organizations and developers that construct affordable housing for low- to moderate-income homebuyers. The City will also continue with its purchase assistance strategy to assist low- to moderate- income buyers purchasing within the city limits of Clearwater. The Annual Action Plan must specify goals for the number of homeless, non-homeless, and special needs households to be supported during the program year. These numbers are shown in the following tables and are inclusive of the affordable housing activities shown in AP-20, in addition to other planned housing activities identified in AP-35 and AP-38. Section AP-55 (see Table 9 and Table 10) indicates the number of households to be supported through specific activities, including rental assistance, production of new units, rehabilitation of existing units, or acquisition of existing units. For the purposes of this section, the term “affordable housing” is defined in the HOME regulations 24 CFR 92.252 for rental housing and 24 CFR 92.254 for homeownership. [This section replaces the former HUD Table 3B.] One Year Goals Number of Households to be Supported Homeless 0 Non-Homeless 108 Special-Needs 0 Total 108 Table 9 – One Year Goals for Affordable Housing by Support Requirement One Year Goals Number of Households Supported Through Rental Assistance 60 The Production of New Units 12 Rehab of Existing Units 29 Acquisition of Existing Units 7 Total 108 Table 10 – One Year Goals for Affordable Housing by Support Type City of Clearwater, FL 2024/2025 Annual Action Plan 52 DISCUSSION The City will continue to deliver its long-standing housing programs funded with CDBG and HOME, including housing-related acquisition and rehabilitation, purchase assistance, coordination with non- profit organizations and developers to construct affordable housing, and support of homeownership education/counseling and Fair Housing activities. These federally funded housing activities will support 108 households through tenant-based rental assistance, production of new units, rehabilitation of existing units, and acquisition of existing units through direct financial assistance to homebuyers. Additionally, the City will support housing-related public services (e.g., homeownership education/counseling) with State SHIP funding. Although SHIP funding amounts are included in this Annual Acton Plan, outcomes resulting from SHIP funding are specifically excluded from this Annual Action Plan. City of Clearwater, FL 2024/2025 Annual Action Plan 53 AP-60 Public Housing – 91.220(h) INTRODUCTION This section of the Annual Action Plan describes what actions the City of Clearwater will take during the 2024/2025 program year to carry out the public housing strategy identified in the Consolidated Plan’s Strategic Plan. The Clearwater Housing Authority (CHA) administers housing assistance for lower income persons and households in the greater Clearwater area. The operations of the CHA are funded through annual appropriations from the U.S. Department of Housing and Urban Development (HUD). Assistance includes public housing, tenant-based vouchers (Housing Choice Vouchers or HCVs), and special purpose voucher activities. The CHA’s public housing activities supply approximately 236 low-rent units in the greater Clearwater area, and 1,274 HCVs. [Source: HUD HCV and PIH Data Dashboards, accessed June 2024] ACTIONS PLANNED DURING THE NEXT YEAR TO ADDRESS THE NEEDS TO PUBLIC HOUSING The City of Clearwater works cooperatively with Pinellas County, the CHA, and private entities to provide public and subsidized housing within Clearwater. The CHA administers public housing for seniors and families in addition to the HCV program that provides financial rental assistance to income-eligible individuals and families. The CHA and other housing providers in the community continuously seek to rehabilitate the supply of housing affordable to lower-income residents. Although the CHA recently renovated some of its public housing units, the CHA is undergoing a voluntary conversion that started in 2020. During conversion, the CHA will ensure that residents are housed through vouchers and coordination with other housing providers. Any proceeds from the sale of public housing properties will be reinvested in affordable housing. The City will continue to coordinate housing referrals with the CHA and Pinellas County Housing Authority as feasible. ACTIONS TO ENCOURAGE PUBLIC HOUSING RESIDENTS TO BECOME MORE INVOLVED IN MANAGEMENT AND PARTICIPATE IN HOMEOWNERSHIP The CHA has an ongoing management program in place to involve residents in its operations. Additionally, through the 2024/2025 Annual Action Plan, the City of Clearwater will support homeownership education/counseling (with State SHIP funding), Fair Housing, and housing placement activities that could facilitate the transition from public housing to homeownership. IF THE PHA IS DESIGNATED AS TROUBLED, DESCRIBE THE MANNER IN WHICH FINANCIAL ASSISTANCE WILL BE PROVIDED OR OTHER ASSISTANCE The CHA is not designated as troubled, having all physical inspection scores higher than 60. DISCUSSION Affordable housing needs are met by multiple service providers in the greater Clearwater area. The CHA currently administers public housing units and HCVs. Although the CHA is undergoing voluntary conversion of its public housing properties, the CHA will continue to administer vouchers and ensure that residents are housed in coordination with other housing providers. The City will continue to coordinate referrals with the CHA to connect lower income residents with housing options. City of Clearwater, FL 2024/2025 Annual Action Plan 54 AP-65 Homeless and Other Special Needs Activities – 91.220(i) INTRODUCTION This section of the Annual Action Plan describes what actions the City of Clearwater will take during the 2024/2025 program year to carry out the homeless strategy identified in the Consolidated Plan’s Strategic Plan. Additionally, this section describes any action related to the supportive housing needs of non-homeless special needs persons at risk of homelessness. The Pinellas County Homeless Leadership Alliance (HLA), a nonprofit 501(c)(3), serves as the CoC Lead Agency, Collaborative Applicant, and HMIS Lead Agency. The HLA provides supplemental services, coordination, and funding management to carry out the policy goals of the CoC. The mission of the HLA is to provide leadership in the planning, development, and alignment of community advocacy, resources, and strategies to prevent, divert, and end homelessness in Pinellas County. The HLA, as the lead agency for the CoC, is the organization most suited to addressing the needs of homeless persons in the greater Clearwater area. Consistent with the Consolidated Plan’s Strategic Plan, the City of Clearwater will pursue the goal of helping to prevent and reduce homelessness in Clearwater. It is the City’s objective to support the activities of the HLA and other members of the region’s CoC that represents a countywide consortium of homeless service providers. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including: REACHING OUT TO HOMELESS PERSONS (ESPECIALLY UNSHELTERED PERSONS) AND ASSESSING THEIR INDIVIDUAL NEEDS The HLA conducts an annual PIT homeless count and prepares a Homeless Assessment Report, both of which document the extent of homelessness in the community. Furthermore, the City received input on homeless needs during the Consolidated Plan public meetings and community survey. The priority needs of the homeless include facilities/services for homeless adults and families, facilities/services for homeless youth and youth aging out of foster care, case management, nutrition/food services, and employment assistance/job training toward self-sufficiency. Outreach to the homeless is done by the CoC’s Street Outreach Teams that cover major parts of Pinellas County five days per week. The Street Outreach Teams are the center of the CoC’s efforts to find and engage street homeless, in place since late 2006. Each Street Outreach Team is composed of one law enforcement officer and one case manager. Additionally, Street Outreach Teams focus on finding unaccompanied youth. Relatedly, the Veterans Administration funds Veterans Outreach for that population. All the outreach personnel meet bi-monthly to discuss problems, identify increases/decreases in specific populations, problem-solve, and meet with providers of emergency mats and beds. Law enforcement staff members train their police departments on working with street homeless persons. Once a street City of Clearwater, FL 2024/2025 Annual Action Plan 55 homeless individual or family seeks assistance, they are encouraged to go to Safe Harbor, the County’s emergency homeless shelter and jail diversion program where they are assigned a case manager for assessment and referral to services, etc. Unaccompanied youth are referred to Family Resources and other youth programs to get them off the street. Street Outreach Teams also process individuals for entrance to Pinellas Hope, another homeless shelter operated by Catholic Charities. The HLA also partners with the Juvenile Welfare Board’s Children’s Services Council and 2-1-1 Tampa Bay Cares on the Family Services Initiative (FSI) that works with families in need. The goal of the FSI is to prevent homelessness while working on longer term issues and to have one place for families to make initial contact for help. FSI is publicized widely as the place for homeless and at-risk families to go for help. Homeless and at-risk families call 2-1-1 and are directed to specific triage staff for short assessment. For the fifth-year Annual Action Plan, the City of Clearwater will support housing navigation, case management, health services (specific to homeless persons), and advisor/advocate services through Metropolitan Ministries, WestCare GulfCoast-Florida (A Turning Point), and Society of St. Vincent de Paul, to assess the individual needs of homeless and special needs persons at risk of homelessness, including unsheltered persons. ADDRESSING THE EMERGENCY SHELTER AND TRANSITIONAL HOUSING NEEDS OF HOMELESS PERSONS As previously mentioned, the HLA annually conducts a PIT homeless count and prepares a Homeless Assessment Report, both of which document the extent of homelessness in the community. In addition to other metrics, these reports identify the number of individuals or families in emergency shelter or transitional housing. In the Clearwater area, homeless facilities such as emergency shelter and transitional housing are provided by churches and non-profit organizations, including but not limited to Homeless Emergency Project (Homeless Empowerment Program or HEP), The Kimberly Home, Boley Centers, Hope Villages of America, Salvation Army, and Family Resources (SafePlace2B), among others. Additionally, the HLA maintains an online map-based directory targeted to homeless persons that includes contact information for emergency shelter, food and clothing assistance, and transitional housing services. This directory also includes a map of Pinellas Suncoast Transit Authority (PSTA) bus routes. The City makes it a goal of the Consolidated Plan to prevent and reduce homelessness in Clearwater by supporting programs that offer shelter facilities and beds for the homeless, and by assisting agencies that engage in homeless prevention and service programs. For the fifth-year Annual Action Plan, the City will support homeless prevention and service programs by improving facilities that serve homeless adults and families. These facilities are run by Homeless Emergency Project dba Homeless Empowerment Program (HEP). City of Clearwater, FL 2024/2025 Annual Action Plan 56 HELPING HOMELESS PERSONS (ESPECIALLY CHRONICALLY HOMELESS INDIVIDUALS AND FAMILIES, FAMILIES WITH CHILDREN, VETERANS AND THEIR FAMILIES, AND UNACCOMPANIED YOUTH) MAKE THE TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING, INCLUDING SHORTENING THE PERIOD OF TIME THAT INDIVIDUALS AND FAMILIES EXPERIENCE HOMELESSNESS, FACILITATING ACCESS FOR HOMELESS INDIVIDUALS AND FAMILIES TO AFFORDABLE HOUSING UNITS, AND PREVENTING INDIVIDUALS AND FAMILIES WHO WERE RECENTLY HOMELESS FROM BECOMING HOMELESS AGAIN The City will support, in coordination with the HLA, activities to end chronic homelessness in Clearwater. CoC member agencies actively work to assist homeless individuals and families with making the transition to more permanent housing and preventing such persons from becoming homeless again. CoC member agencies support a “Housing First” approach to provide housing options regardless of whether individuals or families meet otherwise common prerequisites for housing. National resource around “Housing First” suggests that individuals and/or head-of-household members who have been homeless are more successful in achieving self-sufficiency when housing stability is acquired first, regardless of whether they are sober or financially self-sufficient in the beginning. Once their housing situation is stabilized, their ability to achieve sobriety, financial stability, or overcome other common barriers to housing dramatically improves. This is typically achieved by rapid-rehousing and other interim housing strategies such as targeted transitional or permanent supportive housing to obtain housing quickly, increase self-sufficiency, and stay housed. For the fifth-year Annual Action Plan, the City will support housing navigation, case management, health services (specific to homeless persons), and advisor/advocate services through Metropolitan Ministries, WestCare GulfCoast-Florida (A Turning Point), and Society of St. Vincent de Paul, to identify housing and healthcare strategies for homeless and special needs persons at risk of homelessness. Additionally, the City will continue to support an array of activities that, when combined, may shorten the duration of homelessness, help persons transition to more stable housing, and/or provide access to affordable housing. Such activities may include case management, community building improvements (including those that support health services), facilities for the disabled, referrals to appropriate housing providers, affordable housing unit construction or rehabilitation, homeownership education, purchase assistance, and access to economic opportunities. City of Clearwater, FL 2024/2025 Annual Action Plan 57 HELPING LOW-INCOME INDIVIDUALS AND FAMILIES AVOID BECOMING HOMELESS, ESPECIALLY EXTREMELY LOW-INCOME INDIVIDUALS AND FAMILIES AND THOSE WHO ARE: BEING DISCHARGED FROM PUBLICLY FUNDED INSTITUTIONS AND SYSTEMS OF CARE (SUCH AS HEALTH CARE FACILITIES, MENTAL HEALTH FACILITIES, FOSTER CARE AND OTHER YOUTH FACILITIES, AND CORRECTIONS PROGRAMS AND INSTITUTIONS); OR, RECEIVING ASSISTANCE FROM PUBLIC OR PRIVATE AGENCIES THAT ADDRESS HOUSING, HEALTH, SOCIAL SERVICES, EMPLOYMENT, EDUCATION, OR YOUTH NEEDS. For the fifth-year Annual Action Plan, the City of Clearwater will continue to coordinate referrals for facilities and services available in the community that support lower-income individuals. In addition to services specifically targeted to homeless and special needs persons at-risk of homelessness, the City will support case management and a housing specialist at St. Vincent de Paul’s Returning Home- Clearwater Rapid Rehousing Program. St. Vincent de Paul also operates a Community Kitchen and Resource Center, which is used by the Pinellas Ex-Offender Re-Entry Coalition (PERC). The Community Kitchen and Resource Center provides not only case management, but referrals to other resources and programs depending on client needs. Such programs include PERC’s STARS and MOVE UP programs, which provide job training and skills toward self-sufficiency. The City will also continue to work with housing and homeless service providers to implement a cohesive, communitywide discharge coordination policy. Such policy must be successfully implemented to ensure that persons being released from publicly funded institutions do not become homeless upon release. Other examples of such efforts, in addition to PERC, include the Pinellas County Sheriff Department’s Operation PAR, which allows ex-offenders to receive substance abuse treatment, and the State’s “Transition from Prison to Community Initiative” (TPCI). DISCUSSION For the fifth-year Annual Action Plan, the City will support the following activities toward the goal of preventing and reducing homelessness: • HEP Family Transition Program Renovation Project – Facility rehabilitation for homeless shelter • HEP Kitchen and Dining Hall Renovation – Facility rehabilitation for homeless facility • Metropolitan Ministries – Case management for persons experiencing poverty and homelessness • WestCare GulfCoast-Florida – Case management and Licensed Practical Nurse salary support for homeless persons with substance abuse problems • Society of St. Vincent de Paul – Case management and housing specialist for rapid rehousing program In total, these activities will assist an estimated 1,132 persons during the fifth-year Annual Action Plan through homeless-related public services and facility improvements. The City will also continue to coordinate with the HLA and CoC members, including numerous homeless service providers operating in the greater Clearwater area. City of Clearwater, FL 2024/2025 Annual Action Plan 58 AP-75 Barriers to affordable housing – 91.220(j) INTRODUCTION This section of the Annual Action Plan summarizes actions the City of Clearwater will undertake during the program year to reduce barriers to affordable housing and influence whether the cost of housing or the incentives to develop, maintain, or improve affordable housing are affected by public policies, particularly those of the local jurisdiction. Such policies may include land use controls, zoning ordinances, building codes, and policies that affect the return on residential investment. ACTIONS IT PLANNED TO REMOVE OR AMELIORATE THE NEGATIVE EFFECTS OF PUBLIC POLICIES THAT SERVE AS BARRIERS TO AFFORDABLE HOUSING SUCH AS LAND USE CONTROLS, TAX POLICIES AFFECTING LAND, ZONING ORDINANCES, BUILDING CODES, FEES AND CHARGES, GROWTH LIMITATIONS, AND POLICIES AFFECTING THE RETURN ON RESIDENTIAL INVESTMENT The City of Clearwater has several incentives that it utilizes to remove or ameliorate the negative effects of public policies that are barriers to affordable housing. These incentive strategies are documented in the City’s 2024-2027 LHAP, which is a reporting requirement of the State SHIP program. The City’s ongoing actions to remove or ameliorate the barriers to affordable housing, as identified in the City’s 2024 LHAP and 2023 LHIS documents, include the following: • Expedited review process for permitting • Modification of fees • Flexible densities • Accessory dwelling units • Parking reductions • Flexible lot configurations • Pre-adoption policy consideration • Inventory of public lands • Proximity to transportation, employment, and mixed-use development • Adaptive reuse • Land development code • Communication and marketing of affordable housing • Financing • Partnerships Barriers to affordable housing are explained in more detail in the SP-55 section of the Consolidated Plan, as well as the source LHAP and LHIS documents on file at the City’s Economic Development and Housing Department. DISCUSSION The City of Clearwater will continue to implement incentives to remove or ameliorate the negative effects of public policies that are barriers to affordable housing. These incentive strategies are detailed City of Clearwater, FL 2024/2025 Annual Action Plan 59 in the City’s 2024-2027 LHAP report. Of note, the City recently coordinated with Pinellas County to prepare a regional Analysis of Impediments to Fair Housing Choice report, which was completed in 2020. The City also currently participates in the Advantage Pinellas Housing Compact and the Pinellas County Countywide Housing Strategy, which are joint programs for the provision of affordable housing. City of Clearwater, FL 2024/2025 Annual Action Plan 60 AP-85 Other Actions – 91.220(k) INTRODUCTION This section of the Annual Action Plan describes the City of Clearwater’s planned actions to carry out the following strategies in the Consolidated Plan’s Strategic Plan: • Foster and maintain affordable housing; • Evaluate and reduce lead-based paint hazards; • Reduce the number of poverty-level families; • Develop institutional structure; and • Enhance coordination. In addition, the City has identified obstacles to meeting underserved needs and proposed actions to overcome those obstacles. ACTIONS PLANNED TO ADDRESS OBSTACLES TO MEETING UNDERSERVED NEEDS The major obstacle to meeting underserved needs is the lack of financial resources among housing and public service providers that support the City of Clearwater’s institutional delivery structure. To address such obstacles, the City will administer CDBG funds to pursue the goal of enhancing the living environment for persons in low- and moderate-income areas through community development activities, public service programs, and the elimination of blight. Priority will be given to the City’s NRSAs, where need is greatest, when opportunities present. The City will also pursue the goal of expanding the accessibility and coordination of social services to the City’s special needs population. Some of the programmed activities to meet underserved needs during the fifth year include, but are not limited to, the following: • HEP Family Transition Program Renovation Project – Facility rehabilitation for homeless shelter • HEP Kitchen and Dining Hall Renovation – Facility rehabilitation for homeless facility • Metropolitan Ministries – Case management for persons experiencing poverty and homelessness • WestCare GulfCoast-Florida – Case management and Licensed Practical Nurse salary support for homeless persons with substance abuse problems • Society of St. Vincent de Paul – Case management and housing specialist for rapid rehousing program • LiFT Academy Playground Equipment for Neurodivergent Children – Playground improvements for children with disabilities • Willa Carson Health and Wellness Center – ADA accessibility improvements for community health services facility • Property Acquisition and Demolition – Slum/blight removal to improve neighborhood quality • Prospera and WeeCare (Upwards) – Microenterprise assistance for job creation/stabilization • Façade Improvement Loan-to-Grants Projects – Funding to improve business façades City of Clearwater, FL 2024/2025 Annual Action Plan 61 Additional activities to meet underserved needs are described previously with regard to homelessness (AP-65) and subsequently with regard to affordable housing and economic development (AP-85, as follows). ACTIONS PLANNED TO FOSTER AND MAINTAIN AFFORDABLE HOUSING Consistent with the Consolidated Plan’s Strategic Plan, the City of Clearwater will pursue the goal of providing availability of, and access to, decent affordable housing for the residents of the city. To this end, the City has programmed six (6) housing projects that meet the following four (4) objectives under the Housing Goal of the Strategic Plan: • Objective 2: Increase the availability of affordable housing units. • Objective 3: Assist qualified low- and moderate-income households to become homeowners through supporting agencies that provide housing counseling. • Objective 4: Provide mortgage assistance for low- and moderate-income homebuyers. • Objective 5: Provide rental and utility assistance for low- and moderate-income persons. Programmed activities to foster and maintain affordable housing during the fifth year include the following: • Construction of new owner and renter occupied housing • Rehabilitation of existing owner and renter occupied housing • Homeownership education and counseling (through State SHIP funding) • Home purchase assistance • Tenant-Based Rental Assistance (TBRA) • Community Housing Development Organization (CHDO) housing activities These activities increase the availability of affordable housing through new construction and improve access to affordable housing through housing rehabilitation, homeownership education, and purchase assistance for qualified low- to moderate-income households. ACTIONS PLANNED TO REDUCE LEAD-BASED PAINT HAZARDS The City will continue to include lead-based paint education and mitigation measures in all housing rehabilitation activities and, if needed, will identify and apply for additional funding resources to finance abatement. Contractors are required to be trained and certified to supervise removal of lead-based paint hazards to comply with HUD regulations. Furthermore, subrecipients of the City’s CDBG and HOME funding devise their own lead-based paint hazard programs to comply with HUD regulations for rehabilitation projects. Additionally, the City will continue to coordinate with agencies in the Clearwater area that screen residents for elevated blood levels (EBL) and inspect housing units for lead-based paint hazards. These agencies include the Pinellas County Health Department and the Clearwater and Pinellas County housing authorities, among others. City of Clearwater, FL 2024/2025 Annual Action Plan 62 ACTIONS PLANNED TO REDUCE THE NUMBER OF POVERTY-LEVEL FAMILIES According to the 2018-2022 American Community Survey (ACS) estimates, in the City of Clearwater, 18,699 people (16.2% of the population for whom poverty status is determined) are living are below poverty level. To combat this trend, the City will continue to coordinate with various agencies that support poverty-level families. These agencies also provide services to other homeless and non- homeless special needs populations, as well as low- and moderate-income families. Such services include referrals to affordable housing, employment assistance/job training, and other activities to promote economic opportunity. Additionally, through the Economic Development and Housing Department, the City will promote economic opportunity by providing technical assistance to small businesses. For the fifth-year Annual Action Plan, the City will support economic development activities that include façade improvement projects and small business/microenterprise assistance for childcare operations in support of stable employment. ACTIONS PLANNED TO DEVELOP INSTITUTIONAL STRUCTURE The City of Clearwater has a strong institutional delivery structure. The City will continue to work with its own departments and various housing and public service providers, as well as their programs, to expand opportunities and to make continuous improvements to the institutional delivery structure. Continued actions will include solicitation of feedback on referral processes and other means of coordination between such providers and the City of Clearwater. For the fifth-year Annual Action Plan, the City will support an array of activities that strengthen the institutional delivery structure’s ability to serve persons of low- and moderate-income, persons with special needs, and the homeless. These activities include, but are not limited to, facilities/services for homeless adults and families, case management, health services, facilities for persons with special needs (including persons with disabilities); improvements to community buildings/facilities; code enforcement/blight elimination; building façade improvements; economic opportunity and business assistance; affordable housing rehabilitation and new construction; homeownership counseling/education; purchase assistance, and rental assistance. ACTIONS PLANNED TO ENHANCE COORDINATION BETWEEN PUBLIC AND PRIVATE HOUSING AND SOCIAL SERVICE AGENCIES The City of Clearwater will continue to coordinate with housing and public service providers to develop an effective institutional delivery structure and enhance interagency coordination. The City continues to work with regional housing authorities, such as the CHA and Pinellas County Housing Authority, to improve access to public housing and TBRA. Although the funding for public housing authorities is limited, and competition for affordable housing is high, these agencies continue to provide housing-related activities, such as rental assistance, rehabilitation, and new construction, for low-income persons. Input from public housing authorities is regularly solicited during preparation of the City’s Annual Action Plan. City of Clearwater, FL 2024/2025 Annual Action Plan 63 Additionally, the City promotes coordination between non-profit and private for-profit housing providers through its NAHAB, through the SHIP-mandated Affordable Housing Advisory Committee (AHAC) in conjunction with the LHAP and LHIS reports, and through the Annual Action Plan process. Moreover, annual meetings in conjunction with the Annual Action Plan provide an opportunity for these providers to interact. Public service providers in the greater Clearwater area provide a wide array of services for low- and moderate-income persons. These organizations typically have a specific target population that they serve (e.g., the homeless, persons with special needs, low-income families, etc.), and accordingly possess a level of knowledge and expertise that is invaluable when identifying underserved needs. The continuation and expansion of these public services will be encouraged over the fifth program year by means of matching programs with funding, as available. The City recognizes that improved coordination between housing and public service providers is regularly solicited during preparation of the City’s Annual Action Plan. DISCUSSION For the fifth-year Annual Action Plan, the City will support activities that will address underserved needs through community development and public services; foster affordable housing through housing rehabilitation, new construction, and homebuyer assistance; reduce lead-based paint hazards; reduce the number of poverty-level families through economic development; and develop institutional delivery structure through a network of community partners, including the City and its departments. Additionally, the City will continue to encourage coordination between public housing authorities, non- profit and private for-profit housing providers, and public service providers through the NAHAB and AHAC, Annual Action Plan participation, and regular day-to-day referrals through the Economic Development and Housing Department. City of Clearwater, FL 2024/2025 Annual Action Plan 64 PROGRAM SPECIFIC REQUIREMENTS AP-90 Program Specific Requirements – 91.220(l)(1,2,4) INTRODUCTION This section addresses the program-specific requirements for the Annual Action Plan. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) REFERENCE 24 CFR 91.220(L)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. Available Program Income Amount 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $7,700 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan $0 3. The amount of surplus funds from urban renewal settlements $0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. $0 5. The amount of income from float-funded activities $0 Total Program Income $7,700 OTHER CDBG REQUIREMENTS Overall Benefit Amount 1. The amount of urgent need activities $0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit – A consecutive period of one, two, or three years may be used to determine that a minimum overall benefit of 70% CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 78.1% City of Clearwater, FL 2024/2025 Annual Action Plan 65 HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) REFERENCE 24 CFR 91.220(L)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The City will use funding from the State SHIP program and/or the Pinellas County Housing Trust Fund for the matching requirements under the HOME program. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: Resale During the affordability period, the homeowner may sell the property to another income- eligible person or household. The property may only be sold to a buyer whose annual income does not exceed 80% of the Area Median Income (AMI) at the time of purchase. Recapture The City will use the recapture provision for repayment of the loan should the homeowner not abide with the affordability period or any other default provision in the mortgage, note, or covenant. In the event the housing is conveyed pursuant to a foreclosure sale, the provisions of Section 92.254 (a)(5)(ii) of the HOME program shall apply. The recapture provides for shared net proceeds (if any) from the foreclosure sale. (1) The “Net Proceeds” from the sale shall be determined by subtracting the amount of the seller’s closing costs and repayments of the outstanding loans on the property, including the repayments of any loans of HOME or other funds provided by the City, from the Sale Amount. (2) The homeowner may then recover his or her initial investment from the Net Proceeds. The initial investment shall include the amounts he or she contributed to the down payment when the property was initially purchased, to any documented permanent improvements to the property. (3) Any balance remaining from the New Proceeds shall be divided proportionally between the homeowner and the City in accordance with each parties’ initial investment percentage in the property. The City’s investment shall include all grants and loans of HOME or other City funds provided to the homeowner, minus any repayments previously made to the City. City of Clearwater, FL 2024/2025 Annual Action Plan 66 (4) In the event the proceeds from the sale of the property are insufficient to permit the homeowner to recover any of the amounts indicated in (1), (2), or (3) above, neither the City nor any previous owner, or any other party, shall be liable for such insufficiency. If there are no net proceeds from the foreclosure, repayment by the City or the homeowner is not required, and HOME program requirements are considered to be satisfied. Violation or breach of any restrictions or covenant shall give the City the right to institute any proceeding at law or in equity necessary to recover the applicable sum set forth in the agreement. If action is instituted by the City to recover the sum, the homeowner or its succession in the title agree to pay all costs to collection, including court costs and reasonable attorney’s fees. This language is included in the City’s Land Use Restrictive Agreement (LURA) for properties purchased using HOME funds. Any recaptured funds will be placed in the City’s HOME Investment Trust Fund. These funds will be used by the City for other eligible HOME activities. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: See the response to number 2, above. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City will not use HOME funds to refinance the existing debt for multi-family projects. 5. If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. (See 24 CFR 92.209(c)(2)(i) and CFR 91.220(l)(2)(vii)): N/A - Not Applicable. The City will administer TBRA through a subrecipient. The subrecipient will assist individuals or families with rental assistance in the form of rental security deposit assistance to obtain permanent housing. The assistance will be used for individuals or families in the Very Low to Low-Income categories based on Area Median Income (AMI), without specific preference for persons special needs or disabilities aside from income-eligibility. 6. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and 91.220(l)(2)(vii)): N/A - Not Applicable. See the responses to number 5, above, and number 7, below. City of Clearwater, FL 2024/2025 Annual Action Plan 67 7. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR 92.253(d)(3) and CFR 91.220(l)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a): For the 2024/2025 program year, the City intends to contract with the Clearwater Housing Authority (CHA) to provide TBRA to Housing Choice Voucher holders. Since the City of Clearwater will not deliver TBRA directly but through a subrecipient, the City defers to the CHA’s tenant selection criteria. However, the City’s written agreement with the CHA will specify that tenant selection criteria will limit occupancy in HOME-assisted rental housing to income-eligible persons or households consistent with the HOME program. No other preferences or limitations, aside from program eligibility, will be used to select tenants. City of Clearwater, FL 2024/2025 Annual Action Plan 68 DISCUSSION The City of Clearwater anticipates $1,310,415 in total CDBG program income. This amount includes an estimated $11,448 in new program income for 2024/2025 and $7,700 to be carried over from the prior year. This amount also includes income from the City’s revolving loan program, of which $128,400 is estimated for 2024/2025 and $1,162,867 is carried over from prior years. Approximately $367,097 is expected from non-income prior-year resources (i.e., entitlement allocations). Combined with the FY 2024 entitlement allocation of $940,482, available CDBG funds total $2,617,994. Less the City’s revolving loan program, available CDBG funds total $1,326,727. The City has not identified funds for urgent need activities at this time. The percentage of overall benefit to low- and moderate-income persons is expected to be 78.1%. The City has calculated the percentage of overall benefit based on a period of one year (2024). This percentage excludes program administration and activities related to the removal of slum and blight. City of Clearwater, FL 2024/2025 Annual Action Plan 69 APPENDIX [Separate Attachments) 1. Citizen Participation/Comments 2. Grantee Unique Appendices 3. SF-424 Forms and Certifications 1. Citizen Participation Comments CITY OF CLEARWATER CITIZEN PARTICIPATION/COMMENTS 0000330461-01 NOTICE OF FUNDING AVAILABILITY CITY OF CLEARWATER,FLORIDA FY 2024-2025 ANNUAL ACTION PLAN COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PA RTNERSHIPS PROGRAM The City of Clearwater is estimated to receive $913,337 in grant allocation funds under the Community Development Block Grant (CDBG)Program and $532,649 in grant allocation funds under the HOME Investment Partnerships (HOME)Program for Federal Fiscal Year (FY)2024-2025 beginning October 1,2024.Funds can only be used in the incorporated lim- its of the City of Clearwater.However,an agency that is located outside the City may receive funding if they provide documented services for city residents. Federal funding authorization for the CDBG Program and the HOME Program is through the U.S.Department of Housing and Urban Development.In addition to the grant allocations, the City anticipates that it will receive program income from the federal CDBG and HOME Programs. These funds will primarily be used for housing,community,and economic development activities.A portion of the funds listed above may be used for City conducted and/or spon- sored projects and may not be available for allocation to applicants.Federal regulations applicable to these programs dictate funding availability for certain projects.Proposals for new projects will be accepted beginning on February 14,2024.Suggestions for new proj- ects/activities for FY 2024-2025 may be presented and should address one or more of the following strategies: •Promote better livable opportunities in a designated Neighborhood Revitalization Strategy Area (NRSA);NRSA maps are located at www.myclearwater.com/NRSAmaps •Promote affordable housing for renters and/or homebuyers •Promote efforts/activities to end chronic homelessness •Provide outreach and housing opportunities for homeless individuals and families •Provide assistance to victims of domestic violence •Promote economic opportunities for very low-to moderate-income individuals •Provide assistance to the elderly,persons with disabilities,and persons with HIV/AIDS •Develop public facility projects in the NRSAs •Promote efforts to reduce lead poisoning in children •Promote opportunities to end poverty (job training,employability skills,educational attainment,and other related activities) •Promote opportunities to assist public housing residents to become self-suffi cient •Promote opportunities for individuals to reduce theirdependency on alcohol and drugs •Promote fair housing opportunities Eligible activities may include,but are not limited to,rehabilitation and preservation of buildings and improvements;acquisition and disposition of real property;acquisition,con- struction,reconstruction,rehabilitation or installation of public facilities and improvements; economic development activities;and activities by subrecipients to carry out neighborhood revitalization,energy conservation projects,and related projects. Applications for organizations desiring to participate in the City of Clearwater Housing Pool for activities involving down payment assistance/gap fi nancing,land acquisition,new con- struction,and rehabilitation of single-and multi-family housing will be accepted from eligible participants on a year-round basis while funds remain available. The City will be utilizing an online application that can be found by clicking the Apply Here button located at www.myclearwater.com/housingnotices beginning February 14,2024. Applications must be submitted via the City’s website no later than 11:59 p.m.on March 15,2024. If you have any questions,please feel free to contact Irin Gomez,Community Development Coordinator II,at (727)444-7164 or irin.gomez@myclearwater.com. LEGAL NOTICE 02/14/24 1 From:Lane, Charles <Charles.Lane@myclearwater.com> Sent:Wednesday, February 14, 2024 3:13 PM To:Lane, Charles Cc:Housing Division Subject:City of Clearwater Grant Application Opportunity Attachments:FY 2024-25 CDBG-HOME NOFA 20240214.pdf You are receiving this email because you are a potenƟal grant applicant for the City of Clearwater’s Community Development Block Grant (CDBG) program funded by the United States Department of Housing & Urban Development. We have made changes to our Public Service and Public Facility Improvement programs to encourage the availability of new and expanded services for Clearwater residents. We have also increased our maximum grant awards. Public Services will have a minimum request of $25,000 and a maximum request of $50,000. Public Facility Improvement grant applicaƟons will have a maximum request of $190,000. This will result in fewer grant awards, so this year’s applicaƟon cycle is expected to be more compeƟƟve than in previous years. Our grant applicaƟon went live this morning, February 14, and will close on Friday, March 15 at 11:59pm. A NoƟce of Funding Availability (aƩached to this email) is posted in today’s ediƟon of the Tampa Bay Times. EffecƟve immediately, you can access the City’s Affordable Housing & Community Development webpage and start an applicaƟon hƩps://www.myclearwater.com/Business‐ Development/InformaƟon‐for‐Developers‐of‐Affordable‐Housing/NoƟces‐Economic‐Development‐Affordable‐ Housing. Please feel free to reach out directly to me or my team if you have any quesƟons. For applicaƟon quesƟons and technical support: • Dania Perez – (727) 444‐7159; Dania.Perez@MyClearwater.com • Irin Gomez – (727) 444‐7164; Irin.Gomez@MyClearwater.com Note: our phone numbers have recently changed. Please update your records. There will also be an ApplicaƟon Workshop scheduled for Tuesday, February 27 at 10am. The Workshop will be held on the Zoom plaƞorm and will be structured to help you complete an eligible applicaƟon. If you plan to apply during this year’s grant applicaƟon period, your aƩendance at the Workshop is strongly encouraged. If you or a representaƟve from your organizaƟon aƩends the Workshop, your applicaƟon will receive addiƟonal points as applicaƟons are reviewed and scored. A higher score may increase the likelihood that your funding request is approved. MulƟple people from your organizaƟon are welcome to aƩend; however more than one aƩendee will not increase your scoring. A Zoom meeƟng link will be sent to everyone on this email and informaƟon regarding this Workshop will be posted on the City’s website (link above). Thank you for your interest in assisƟng Clearwater residents. Sincerely, Chuck Lane, Assistant Director Economic Development & Housing Department City of Clearwater 600 Cleveland Street, Suite 600 Clearwater, FL 33755 Office Phone ‐ (727) 444‐7489 Cell Phone – (727) 742‐1304 Charles.Lane@MyClearwater.com Organization Join Time Leave Time DuraƟon(Minutes) 360 Eats 45349.42192 45349.43013 12 360 Eats 45349.41655 45349.45097 50 Artz 4 Life Academy 2/27/2024 10:09 2/27/2024 10:52 43 Boys & Girls Clubs of the Suncoast 2/27/2024 10:00 2/27/2024 10:49 50 Bright Community Trust 2/27/2024 9:57 2/27/2024 10:50 53 Bright Community Trust 2/27/2024 9:58 2/27/2024 10:49 52 City of Clearwater 2/27/2024 9:59 2/27/2024 10:50 51 City of Clearwater 2/27/2024 9:56 2/27/2024 9:56 1 City of Clearwater 2/27/2024 9:36 2/27/2024 10:52 76 City of Clearwater 2/27/2024 9:46 2/27/2024 10:52 67 City of Clearwater 2/27/2024 9:59 2/27/2024 10:52 53 City of Clearwater 2/27/2024 9:58 2/27/2024 10:52 55 City of Clearwater 2/27/2024 9:59 2/27/2024 10:52 53 City of Clearwater 2/27/2024 8:06 2/27/2024 10:52 167 City of Clearwater 2/27/2024 9:53 2/27/2024 10:52 60 City of Clearwater 2/27/2024 9:58 2/27/2024 10:50 53 City of Clearwater 2/27/2024 10:03 2/27/2024 10:26 23 Directions for Living 2/27/2024 9:59 2/27/2024 10:49 50 Gulfcoast Legal Services 2/27/2024 10:01 2/27/2024 10:50 49 HEP 2/27/2024 10:10 2/27/2024 10:50 41 HEP 2/27/2024 9:59 2/27/2024 10:47 48 HEP, Inc. 2/27/2024 9:58 2/27/2024 10:52 55 HEP, Inc. 2/27/2024 9:59 2/27/2024 10:52 53 Homeless Emergency Project, Inc. 2/27/2024 9:55 2/27/2024 10:52 57 Homeless Empowerment Program 2/27/2024 10:02 2/27/2024 10:48 47 Hope Villages of America 2/27/2024 10:09 2/27/2024 10:49 41 Hope Villages of America 2/27/2024 9:58 2/27/2024 10:49 51 Housing and Education Alliance 2/27/2024 9:59 2/27/2024 10:52 53 ICAI 2/27/2024 10:07 2/27/2024 10:49 42 Learning Independence for Tomorrow 2/27/2024 10:00 2/27/2024 10:49 50 Metropolitan Ministries 2/27/2024 10:00 2/27/2024 10:23 24 PEMHS 2/27/2024 9:57 2/27/2024 10:49 52 Pinellas Opportunity Council Inc 2/27/2024 9:55 2/27/2024 10:51 56 Pinellas Opportunity Council, Inc. 2/27/2024 9:58 2/27/2024 10:49 52 Prospera 2/27/2024 10:04 2/27/2024 10:50 46 PROSPERA 2/27/2024 10:00 2/27/2024 10:50 50 PROSPERA 2/27/2024 10:09 2/27/2024 10:49 41 Suncoast Housing Connections 2/27/2024 9:55 2/27/2024 10:50 55 Suncoast Housing Connections 2/27/2024 9:55 2/27/2024 10:49 54 Tampa Bay NHS 2/27/2024 9:56 2/27/2024 10:50 55 The Kimberly Home 2/27/2024 10:03 2/27/2024 10:50 48 The Kimberly Home 2/27/2024 10:17 2/27/2024 10:52 35 The Salvation Army 2/27/2024 9:58 2/27/2024 10:50 53 United Way Suncoast 2/27/2024 10:10 2/27/2024 10:49 40 Upwards 2/27/2024 10:01 2/27/2024 10:49 48 V&M Ellis Consulting, LLC 2/27/2024 9:59 2/27/2024 10:35 36 V&M Ellis Consulting, LLC 2/27/2024 9:59 2/27/2024 10:49 50 WestCare 2/27/2024 9:55 2/27/2024 10:50 55 WestCare GulfCoast‐Florida, Inc. 2/27/2024 9:55 2/27/2024 10:50 55 Willa Carson Health and Wellness Center 2/27/2024 10:00 2/27/2024 10:50 50 City of Clearwater FY 2024‐25 Application Workshop ‐ Participants 02‐27‐2024 Page 1 of 1 Tuesday, April 9, 2024 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Neighborhood and Affordable Housing Advisory Board Meeting Agenda April 9, 2024Neighborhood and Affordable Housing Advisory Board Meeting Agenda 1. Call To Order 2. Approval of Minutes Approve the February 13, 2024, NAHAB Meeting Minutes.ID#24-03862.1 3. Citizens to be Heard Regarding Items Not on the Agenda 4. New Business Items Presentation by Applicants for grant funding.ID#24-03874.1 Discuss Performance of Subrecipients of the City of Clearwater’s Community Development Programs. ID#24-03884.2 Recommend City Council approval of the Local Housing Assistance Plan (LHAP) for FY2024-2025 through FY2026-2027. ID#24-03894.3 5. Old Business Items 6. Director's Report 7. Board Members to be Heard 8. Adjourn Page 2 City of Clearwater Printed on 3/27/2024 Tuesday, May 14, 2024 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Neighborhood and Affordable Housing Advisory Board Meeting Agenda May 14, 2024Neighborhood and Affordable Housing Advisory Board Meeting Agenda 1. Call To Order 2. Approval of Minutes Approve the April 9, 2024, NAHAB Meeting Minutes.ID#24-05652.1 3. Citizens to be Heard Regarding Items Not on the Agenda 4. New Business Items Approve the staff recommended funding allocations for use of CDBG funding for Program Year 2024/25. ID#24-05664.1 5. Old Business Items 6. Director's Report 7. Board Members to be Heard 8. Adjourn Page 2 City of Clearwater Printed on 5/8/2024 0000350981-01 LEGAL NOTICE 7/7/24 CITY OF CLEARWAT ER PROPOSED PROGRAM YEAR 2024 ANNUAL ACTION PLAN 30-DAY PUBLIC COMMENT PERIOD &PUBLIC HEARINGS The City of Clearwater is hereby publishing the proposed Annual Action Plan (AAP)for Federal Fiscal Year (FY)2024 to allocate federal funding from the Community Development Block GrantProgram (CDBG)and HOME Investment Partner- shipsProgram (HOME)underthe U.S.DepartmentofHousing and Urban Development (HUD).TheAAPidentifiesprojects and activities to be implemented by the City during FY 2024,which begins on October 1,2024,and ends on September 30,2025.In addition to the entitlement grant,funding allocations also include anticipated program income generated by the City’s Revolving Loan Fundas well asprior-year (i.e.,carryover)resources from projects that were either cancelled or completed under budget to be applied toward new projects.CDBG funds are used to provide decent housing,suitable living environments,and economic opportunities to principally benefit low-and moderate-income persons.HOME funds areused tofosterprivatesector partnershipswith for-profit andnon-profit organizations to develop affordable housing. The City of Clearwateranticipates an estimated$940,482 innew CDBG funds,$1,310,415 in CDBGprogram income,and $367,097 inprior-yearCDBGresources.The City also anticipates anestimated $400,222in newHOME funds,$1,706,038 in HOME program income,and $2,791,413 in prior-year HOME resources.These funds will be programmed to eligible activities underthese grant programs. The list below captures all proposed projects to be funded with CDBG and HOME resources in FY 2024.Funding for these and other projects are estimated resources only and funding amountsmay increase ordecrease based upon actual program income,prior-year adjustments,and/or final federal funding allocations.Due to these and other factors,the City of Clearwater reserves the rightto add or deleteprojects and/oradjustfundingallocations proportionally. ESTIMATED RESOURCES CommunityDevelopment Block Grant Program (CDBG)–Entitlement $940,482 CDBG -ProgramIncome $1,310,415 CDBG -Prior-Year Resources $367,097 HOMEInvestment PartnershipsProgram (HOME)–Entitlement $400,222 HOME-Program Income $1,706,038 HOME-Prior-YearResources $2,791,413 TOTAL $7,515,667 PROPOSED PROJECTS Program Administration CDBG (from Entitlement)$188,096 CDBG (from ProgramIncome)$15,130 HOME(from Entitlement)$40,022 HOME(from Program Income)$17,200 Housing Creation and Preservationof RentalHousing $3,583,244 Creation and Preservationof Owner-Occupied Housing $1,526,595 Home Purchase Assistance/Loan Processing $500,000 TenantBasedRentalAssistance (TBRA)$321,400 CommunityHousing DevelopmentOrganization (CHDO)Set-Aside $144,268 Homelessness H.E.P.(Family Transition ProgramRenovationProject)$140,500 MetropolitanMinistries(NeighborHOPENorth Greenwood Program)$47,024 WestCare GulfCoast-Florida(A Turning Point Case Manager and LPN Salary Support)$47,024 H.E.P.(HEPKitchen and Dining Hall Renovation)$85,000 St.Vincent de PaulCARES(Returning Home-Clearwater RapidRehousingProgram)$47,024 Non-Homeless Special Needs Learning Independence for Tomorrow(LiFT Academy Playground for Neurodivergent Children)$110,330 Community Development &PublicServices Willa CarsonHealthand Wellness Center (Clinic Rehabilitation)$112,250 Property Acquisition &Demolition –Elimination of Slum&Blight $100,000 Economic Development Prospera (Technical Assistance for LMI Hispanic Businesses)$30,000 WeeCaredba Upwards (BOOST Program)$50,000 Façade Improvement Loan-to-Grant Projects $410,560 TOTAL $7,515,667 The public comment period begins on June 9,2024,and ends on July 8,2024.Please send any comments to Chuck Lane,Assistant Director,Cityof Clearwater EconomicDevelopment and Housing Department,P.O.Box4748,Clearwater, FL 33758-4748 or via telephone at (727)444-7489 or via email at Charles.Lane@myclearwater.com before 5:00 p.m.on July 8,2024. Adraftcopy of theproposed City of ClearwaterFY2024AnnualAction Plan willbeavailable for publiccommentbeginning June 9,2024,on the City’s website at https://www.myclearwater.com/My-Government/City-Departments/Economic- Development/Guiding-Documents-Plans-and-Reports. Hardcopies will be availableatthe followinglocations for review during the public comment period: Additionally,the City of Clearwater will hold two publichearings to receive commentsonthe FY 2024 AnnualAction Plan prior to submittal to HUD.Both public hearings will be held in City Council Chambers in the Main Library located at 100 N.Osceola Ave.,Clearwater,FL,33755.The first public hearing will be a meeting of the Neighborhood and Affordable Housing AdvisoryBoard(NAHAB)tobeheld on July 9,2024,at 9:00 a.m.This noticewasoriginally published onJune 5,2024,and June 12,2024,andis being republished to changethe date of the second publichearing.The second public hearing will be a meeting of the Clearwater City Council now to be held on August 1,2024,at 6:00 p.m. Individualswith disabilitieswho needreasonableaccommodationstoeffectivelyparticipatein these meetingsare askedto contact the City Clerk at(727)444-7151 or rosemarie.call@myclearwater.com in advance. Clearwater Main Library 100 N.OsceolaAvenue Clearwater,FL 33755 City ofClearwater EconomicDevelopment &Housing Department 509 S.EastAvenue,Suite227 Clearwater,FL 33756 City ofClearwater City Clerk’s Offi ce 600 ClevelandStreet,Suite 600 Clearwater,FL 33755 2. Grantee Unique Appendices CITY OF CLEARWATER MAPS SR 580 DREW ST US HIGHWAY 19 NCURLEW RD DRUID RD MAIN STCR 1BELLEAIR RD SUNSET POINT RD TAMPA RD MCMULLEN BOOTH RDN KEENE RDGULF TO BAY BLVDN BELCHER RDSR 590 GULF BLVDCLEVELAND ST NURSERY RD BELCHER RDLAKEVIEW RD CO U N T RYSIDEBLVDN BETTY LNENTERPRISE RD E COURT ST L A N DMARKDRBAYSHORE BLVDS KEENE RDS LAKE DRDOUGLAS AVEN HERCULES AVEPHILLIPPE PKWYVIRGINIA ST S MISSOURI AVES BELCHER RDBAYSI DE BRI DGEN HIGHLAND AVEI SL A NDWAYM A R SHALLST SHOREDREPATRICIA AVEFISHER RDCAUSEWAY BLVD EDGEWATER DRS FT HARRISON AVEN E COA CHM AN RD KINGS HIGHWAYUNION ST MICHIGAN BLVD HARNBLVDN MYRTLE AVEPINEHURST RDCOURTNEY CAMPBELL CSWYN FT HARRISON AVENEW YORK AVEMONTCLAIR RD SOLON AVE S MYRTLE AVEEVANS RD DRUID RD SFORESTLA KE S BLVD 9TH AVE NN SATURN AVES LAKE AVESAN CHRISTOPHER DR FLAG LE R DR ELMST MEMORIAL CSWY BROADWAYPAL M BLV D NBA Y S H O REBLVDPINE AVE NENTERPRISER D INDIANROCKSRDKEENE RDS BAYSHORE BLVDCOMMERCEBLV DOAKLEAF BLVDNORTHSIDE DR SOULE RDCR 90REPUBLIC DROMAHA STPALMETTO ST VIRGINIA AVE GR E E N B RIA RB LVDBEACON PLACE DRLAKE HAVEN RDA LTIR A A V E14TH AVE S4TH STSMANDALAY AVEOAK CREEK DR MILRA YDRNHAGEN AVE SAN SALVADOR DR MANDALAY AVEBROADWAYCR 90MAIN ST SR 580 N BELCHER RDKEENE RDUNION ST MEMORIALCSWY CR 1PALMETTO ST City ofClearwater City ofDunedin City ofSafetyHarbor City ofOldsmar City ofLargo Town ofBelleair City ofBelleair Beach City ofClearwater City ofClearwater 2024/2025 ANNUAL ACTION PLAN Low & Moderate Income Areas £¤ !(590 19 !(611 !(1 !(60 !(580 !(590 £¤19 !(611 !(584 !(586 OldTampaBay GulfofMexico LakeChautauqua HarborLake JerryLake SafetyHarbor ClearwaterHarbor [ 0 0.5 10.25 Miles Water Bodies Other Incorporated Cities and Towns Unincorporated Pinellas County Major Roads City of Clearwater - Other Income Areas Data Source: U.S. Department of Housing and Urban Development (HUD)FY 2024 LMISD by Block Group, Based on 2016-2020 ACS, for Entitlement CDBG Grantees; TIGER/Line® Shapefiles: Block Groups*EFFECTIVE AUGUST 1, 2024 CITY OF CLEARWATER LakeBellevue NorthGreenwood LakeBellevue Neighborhood Revitalization Strategy Areas DowntownGateway City of Clearwater - Low/Mod Income Areas Block Groups with >= 51.0% Low/Mod Persons DowntownClearwater City ofDunedin Town ofBelleair !(1 !(60 JerryLake ClearwaterHarbor LakeBellevue NorthGreenwood LakeBellevue DowntownGateway City of Largo 026300.4026101.2 025800.3 025901.2 026200.1026200.2 025800.2 025901.1 025901.3 026402.2 026402.1 026402.3 DREW ST N KEENE RDUNION ST BELLEAIR RD LAKEVIEW RDN BETTY LNS KEENE RDS LAKE DRN HERCULES AVESUNSET POINT RD PALMETTO ST NURSERY RDN HIGHLAND AVEI SL A NDWAYEDGEWATER DRS FT HARRISON AVEKINGS HIGHWAYN MYRTLE AVENFTHARRISONAVEMEM ORIAL CSWY DRUID RD SFLAG L ER DRBROADWAY KEENE RDDRUID RD 2024/2025 ANNUAL ACTION PLAN Neighborhood Revitalization Strategy Areas [ 0 0.5 10.25 Miles Water Bodies Other Incorporated Cities and Towns Unincorporated Pinellas County Major Roads City of Clearwater - Other Income Areas Data Source: U.S. Department of Housing and Urban Development (HUD) FY 2024 LMISD by Block Group, Based on 2016-2020 ACS, for EntitlementCDBG Grantees; TIGER/Line® Shapefiles: Block Groups *EFFECTIVE AUGUST 1, 2024 CITY OF CLEARWATER Neighborhood Revitalization Strategy Areas City of Clearwater - Low/Mod Income Areas Block Groups with >= 51.0% Low/Mod Persons 3. SF-424 Forms and Certifications CITY OF CLEARWATER PLACEHOLDER CDBG Entitlement Allocation - $940,482.00 AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT HOME Entitlement Allocation - $400,221.70 ANNUAL GOALS PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED SHIP Entitlement Allocation - $902,203.00 SUPPORTED CDBG HOME REVOLVING - REHAB REVOLVING - INFILL REVOLVING - E.D. Amount of Funding Available FY 24-25 Entitlement Allocation 940,482.00$ 400,221.70$ -$ -$ -$ Prior Years Remaining Entitlement Funds (Carry-Over)367,097.00$ 2,791,413.00$ Prior Years Remaining Program Income (Carry-Over)7,700.00$ 1,534,038.00$ 654,828.00$ 278,559.00$ 229,480.00$ FY 24-25 Program Income (Estimated new PI to receive during FY 24-25)11,448.00$ 172,000.00$ 120,000.00$ 7,200.00$ 1,200.00$ FUNDING TOTAL 1,326,727.00$ 4,897,672.70$ 774,828.00$ 285,759.00$ 230,680.00$ Public Facilities and Infrastructure Improvements * Approved Projects Homeless Emergency Project, Inc., dba Homeless Empowerment Program - Family Transition Program Renovation Project - (16145) 113.50 Homelessness 140,500.00$ Learning Independence for Tomorrow, Inc. (LiFT Academy Playground Equipment for Neurodivergent Children) 111.5 Non-Homeless Special Needs 110,330.00$ Homeless Emergency Project, Inc. dba Homeless Empowerment Program - HEP Kitchen and Dining Hall Renovation (16150) 108.5 Homelessness 85,000.00$ Willa Carson Health and Wellness Center - Clinic Rehabilitation (16143) 108.25 Community Development and Public Services 112,250.00$ Alternative Projects The Kimberly Home, Inc. - Facilities Improvement (16146) 102.5 Hope Villages of America, Inc. - HVA Food Bank Facility Improvement Project (16156) 102 Directions for Mental Health, Inc. dba Directions for Living - Capacity Building Renovations (16134) 101.5 Homeless Emergency Project, Inc. dba Homeless Empowerment Program - Park Street Apartments Roof Replacement Project (16153) 98.5 Homeless Emergency Project, Inc. dba Homeless Empowerment Program - Fairburn Case Management Office Addition (16154) 97.0 Community Action Stops Abuse, Inc. - CASA Design & Inspections (16162) 96.25 Personal Enrichment through Mental Health Service, Inc. dba PEMHS - Main Campus Infrastructure Improvements (16132) 77.25 City of Clearwater - Parks and Recreation - Phillip Jones Park Shade Structure Replacement (16168) 58.75 (City staff may shift funds from one approved Public Facility project to another) Note: If any Approved Projects are cancelled or are projected to not use the full funding amount, available funds may be allocated to one or more Alternative Projects with approval by the City Manager. Criteria for Alternative Projects to be funded will include project scoring, available funding, and the project's ability to begin and be completed timely. Subtotal 448,080.00$ -$ -$ -$ -$ Public Services Approved Public Services Metropolitan Ministries, Inc. (NeighborHOPE North Greenwood Program) (16180) 105 Homelessness 47,024.00$ WestCare GulfCoast-Florida, Inc. - A Turning Point (16121) 102 Homelessness 47,024.00$ FY 2024-2025 ALLOCATIONS 7-1-2024 Final CDBG Entitlement Allocation - $940,482.00 AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT HOME Entitlement Allocation - $400,221.70 ANNUAL GOALS PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED SHIP Entitlement Allocation - $902,203.00 SUPPORTED CDBG HOME REVOLVING - REHAB REVOLVING - INFILL REVOLVING - E.D. FY 2024-2025 ALLOCATIONS 7-1-2024 Final Society of St. Vincent de Paul South Pinellas, Inc. dba St. Vincent de Paul CARES - SVdP CARES RRH Clearwater (16163) 100.0 Homelessness 47,024.00$ Alternative Public Services Catholic Charities Diocese of St. Petersburg, Inc. (Pathways Rapid Rehousing - Pinellas Hope Program (16182) 98.0 InterCultural Advocacy Institute, Inc. dba Hispanic Outreach Center - Youth Leaders Partnership Program (16133) 96.75 Hope Villages of America, Inc. - HVA Haven - Advocate in partnership w/Hispanic Outreach Center (16155 96.5) Pinellas Opportunity Council, Inc. - Community Services Program (16183) 96.0 The Kimberly Home, Inc. - Transitional Housing Program (16144) 94.5 Homeless Emergency Project, Inc. (HEP) - North Greenwood Workforce Development Center (16129) 94.0 Learning Independence for Tomorrow, Inc. - LiFT University Transition Program Internships (16188) 93.25 Gulfcoast Legal Services, Inc. - DV Survivors/Victims Housing Needs 2024- 25 (16174) 91.25 360 Eats, Inc. - Enhancing Food Security in North Greenwood (16152) 83.25 Boys & Girls Clubs of the Suncoast, Inc. - Pinellas High Innovation Prosperity Pathways (16149) 73.75 (City staff may shift funds from one Public Service agency to another) Note: If any Approved Public Services are cancelled or are projected to not use the full funding amount, available funds may be allocated to one or more Alternative Public Services with approval by the City Manager. Criteria for Alternative Public Services to be funded will include project scoring, available funding, and the Public Service provider's ability to assist people and expend AMT AVAILABLE = $141,072 (15% of CDBG Entitlement) (Amount Subject to Rounding of Funding Available) Subtotal 141,072.00$ -$ -$ -$ -$ Administration City of Clearwater Administration - FY24-25 Entitlement Allocations Program Administration 188,096.40$ 40,022.00$ City of Clearwater Administration - Carry Over Entitlement Allocations Program Administration -$ -$ City of Clearwater Administration - Program Income Program Administration 2,289.60$ 17,200.00$ 12,000.00$ 720.00$ 120.00$ Subtotal 190,386.00$ 57,222.00$ 12,000.00$ 720.00$ 120.00$ Economic Development Prospera Economic Development 30,000.00$ WeeCare Economic Development 50,000.00$ Façade Improvement Loan-to-Grant Projects Economic Development 180,000.00$ 230,560.00$ Note: Economic Development Activities may include Façade Improvement Projects*, Small Business / Microenterprise Assistance, and Child Care Operations Subtotal 260,000.00$ -$ -$ -$ 230,560.00$ CDBG Entitlement Allocation - $940,482.00 AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT HOME Entitlement Allocation - $400,221.70 ANNUAL GOALS PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED SHIP Entitlement Allocation - $902,203.00 SUPPORTED CDBG HOME REVOLVING - REHAB REVOLVING - INFILL REVOLVING - E.D. FY 2024-2025 ALLOCATIONS 7-1-2024 Final Housing Pool - New Const/Rehab/DPA Creation and Preservation of Rental Housing **Housing 93,594.50$ 1,845,082.70$ 429,828.00$ 185,039.00$ Creation and Preservation of Owner-Occupied Housing **Housing 93,594.50$ 1,000,000.00$ 333,000.00$ 100,000.00$ Home Purchase Assistance Housing 1,500,000.00$ Tenant Based Rental Assistance (TBRA) ***Housing 321,400.00$ CHDO Set-Aside **Housing 144,268.00$ (City staff may shift funds from one Housing Pool activity project to another) Subtotal 187,189.00$ 4,810,750.70$ 762,828.00$ 285,039.00$ -$ Homebuyer / Homeowner Education & Counseling Tampa Bay Neighborhood Housing Services Suncoast Housing Connections Hillsborough Education Alliance -$ Subtotal -$ -$ -$ -$ -$ Purchase Assistance/Loan Processing Tampa Bay Neighborhood Housing Services - Processing Fees 24,750.00$ Suncoast Housing Connections Processing Fees 4,950.00$ Subtotal -$ 29,700.00$ -$ -$ -$ Removal of Slum & Blight Property Acquisition & Demolition - elimination of slum & blght Community Development and Public Services 100,000.00$ Note: Depending on a project's national objective as defined by HUD, certain Façade Improvement Loans may fall under the economic development category Subtotal 100,000.00$ -$ -$ -$ -$ ACTIVITY TOTAL 1,326,727.00$ 4,897,672.70$ 774,828.00$ 285,759.00$ 230,680.00$ REMAINING BALANCE CARRYOVER INTO FY 24-25 -$ -$ -$ -$ -$ Notes: * Amounts include additional $5,000 for each public facility project and each façade project for inspection fees ** May include acquisition, construction, developer fees, and up to 10% of total project cost may be used for Project Delivery *** Up to 10% of total project cost may be used for Project Delivery CDBG-CV is contained within PY2019-20 |1CITY OF CLEARWATER 2024/25 Annual Action Plan Final Year of the 2020/21 - 2024/25 Consolidated Plan |2CITY OF CLEARWATER TIMELINE •Feb. 14 - NOFA published; Application period opened •March 15 - Deadline for application submittals •April 25 - Technical Review Committee scored and ranked applications •May 14 - NAHAB approved staff recommended funding allocations •June 9 - Draft AAP made available for public review and comment •July 9 - NAHAB recommended council approval of the AAP •Aug. 1 - City Council approval of the AAP •Aug. 16 - Deadline for submittal to HUD •Oct. 1 - Program year begins |3CITY OF CLEARWATER AVAILABLE FUNDS CDBG HOME FY 2024/25 Allocation $940,482 $400,222 Prior Year Entitlement Funds to Carry Over* $367,097 $2,791,413 Prior Year Program Income to Carry Over* $7,700 $1,534,038 Program to be Received in FY 2024/25* $11,448 $172,000 Revolving Loan Fund – Housing $1,047,867 Revolving Loan Fund – Economic Development $230,560 TOTAL $2,605,154 $4,897,673 *Estimated |4CITY OF CLEARWATER CHANGES TO PUBLIC FACILITIES PROGRAM CHANGES TO PUBLIC SERVICES PROGRAM •Increased maximum grant request from $90,000 to $180,000 •Increased maximum grant from $25,000 to $50,000 •Established minimum grant request of $25,000 •Proposed Public Service must be a new program or one that will be expanded by use of CDBG funding |5CITY OF CLEARWATER PUBLIC FACILITIES HEP Kitchen and Dining Hall Renovation $85,000 Family Transition Program Renovation Project $140,500 Health & Wellness Center Rehabilitation $112,250 LiFT Academy Playground Equipment for Neurodivergent Children $110,330 |6CITY OF CLEARWATER PUBLIC SERVICES NeighborHOPE North Greenwood Program $47,024 A Turning Point $47,024 Rapid Rehousing $47,024 |7CITY OF CLEARWATER ADMINISTRATION CDBG - $203,226 HOME - $57,222 |8CITY OF CLEARWATER ECONOMIC DEVELOPMENT Microenterprise and Small Business Support $30,000 Upwards - BOOST $50,000 Façade Improvement Program $180,000 TBD E.D. Projects $230,560 |9CITY OF CLEARWATER HOUSING CDBG RLF HOME Creation and Preservation of Rental Housing $93,594 $614,867 $1,845,082 Creation and Preservation of Owner-Occupied Housing $93,594 $433,000 $1,000,000 Down Payment Assistance $0 $1,524,750 Tenant Based Rental Assistance $321,400 CHDO Set-Aside $144,268 |10CITY OF CLEARWATER REMOVAL OF SLUM & BLIGHT •Property Acquisition & Demolition $100,000 |11CITY OF CLEARWATER 2024/25 Annual Action Plan Final Year of the 2020/21 - 2024/25 Consolidated Plan Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0877 Agenda Date: 7/29/2024 Status: Approval ReviewVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve the First Amendment to Contract for Sale of City-Owned Vacant Land between the City of Clearwater and Habitat for Humanity of Pinellas County, Inc./Clearwater Neighborhood Housing Services, Inc. for real property located at 1454 South Martin Luther King Jr. Avenue and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater posted RFP/Q #43-22 as an opportunity for a developer to acquire and develop city-owned property located at 1454 South Martin Luther King Jr. Avenue for use as affordable and workforce housing (Pinellas County Property I.D. #22-29-15-00000-320-1300). On December 1, 2022, Council authorized staff to negotiate a contract for the sale of real property to Habitat for Humanity of Pinellas County, Inc. and Clearwater Neighborhood Housing Services, Inc., together, as the selected Developer of the real property located at 1454 South Martin Luther King Jr. Avenue. On June 13, 2023, Council approved a contract for sale of city-owned vacant land. Per the contract, the development shall be consistent with Buyer’s response to City of Clearwater RFP/Q 43-22. The Buyer shall construct 24 units of mixed-income, owner-occupied townhomes with 50% of the units reserved for households with total household income up to 80% of the Area Median Income (AMI) as determined by the United States Department of Housing and Urban Development, and the remaining 50% will be reserved for household with total household income up to 120% of AMI. The Buyers response to RFP 43-22 identified a $1,240,170 cash gap in addition to the requested donation of the property, therefore Exhibit B of the contract specifies the City agrees to commit to the donation of the parcel, valued at $525,000 and a contribution of an additional $357,585 for a total direct subsidy of $882,585 (half of the total direct subsidy identified as required in the response). The Buyer will seek funding from Pinellas County for the remaining gap (presumably $882,585). Additional requirements provided by Exhibit B establishes terms and conditions that Buyer must meet prior to and after closing. Per the exhibit, all pre-development activities must be completed prior to closing including, but not limited to, funding commitments, site approval and building permits. Unforeseen development challenges that have pushed the original proposed timeline include the requirement of an easement for stormwater discharge onto neighboring property (Norton Apartments), a depression on the southwest quadrant of the property that was flagged by South West Florida Water Management District required additional investigation and historical review, construction debris found on the property required further investigation and the development of a mitigation plan and secondary access required by Clearwater Fire during the site plan review process which in turn required the Buyer to negotiate secondary access with Norton Apartments. Due to these challenges, the Buyers have not procured approval for their site plan, which is a requirement for closing. Closing was to occur 365 days after the contract’s effective date unless both parties agreed to a 60-day extension which was executed in June, 2024. The site plan is scheduled to be reviewed by the Community Development Board on August 8th, 2024. Staff recommends an extension of the original contract’s closing date to on or before December 31st, 2024, to allow the Buyer more time to complete the pre-development activities indicated in Exhibit “B” of the Contract Page 1 City of Clearwater Printed on 7/23/2024 File Number: ID#24-0877 APPROPRIATION CODE AND AMOUNT: Funding is to be provided by State Housing Initiatives Partnership (SHIP) Program and Revenue Recovery Funds provided by the American Rescue Plan Act - Local Fiscal Recovery Funds. No General Fund monies will be appropriated. USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Objective 2.4 - Supports equitable housing programs that promote household stability and reduces the incidence of Homelessness within Clearwater. Page 2 City of Clearwater Printed on 7/23/2024 1 FIRST AMENDMENT TO CONTRACT FOR SALE OF CITY-OWNED VACANT LAND BY THE CITY OF CLEARWATER, FLORIDA THIS FIRST AMENDMENT TO CONTRACT FOR SALE OF CITY-OWNED VACANT LAND BY THE CITY OF CLEARWATER, FLORIDA (this “Amendment”) is made and entered into as of this ___ day of _______________, 2024, by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the “City” or “Seller”); HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC., a Florida not-for-profit corporation; and CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC., a Florida not-for-profit corporation (Clearwater Neighborhood Housing Services, Inc. together with Habitat for Humanity of Pinellas County, Inc., “Buyer” or “Developer”) (Developer together with the City, the “Parties”). W I T N E S S E T H: WHEREAS, the Parties entered into that certain Contract For Sale of City-Owned Vacant Land by The City Of Clearwater, Florida dated June 13, 2023 (the “Contract”) for the sale of certain real property as described in the Contract; and WHEREAS, due to unforeseen delays in the development process, the Parties wish to amend the Contract to extend out the closing date to allow Developer more time to complete the pre-development activities indicated in Exhibit “B” of the Contract; and NOW THEREFORE, for and in consideration of the mutual covenants and agreements of the parties, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged and agreed by each of the Parties, the City and Developer do hereby covenant and agree as follows: 1. The City and Developer do hereby mutually represent and warrant that the foregoing recitals are true and correct, and said recitals are hereby ratified, confirmed, and incorporated into the body of this Amendment. 2. Any capitalized terms utilized in this Amendment and which are not separately defined herein shall have the meaning ascribed thereto in the Contract. 3. Section 8. Closing Place and Date is hereby amended to provide that the closing shall take place no later than December 31, 2024. 4. Except as amended and modified hereby, the terms and conditions of the Contract and this Amendment are and shall remain in full force and effect. The Contract as modified by this Amendment, is affirmed, confirmed, and ratified in all respects. 5. In the event of conflict or ambiguity between the terms and provisions of this Amendment and the Contract, the terms and provisions of this Amendment shall control to the extent of any such conflict or ambiguity. 2 6. If any provision of this Amendment shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof or thereof shall in no way be affected or impaired, nor shall such holding of invalidity, illegality or unenforceability of such provision under other dissimilar facts or circumstances. 7. This Amendment may be executed in multiple counterparts, each of which shall be deemed an original but all of which, together, shall constitute one instrument. For the purposes of this Amendment, an executed facsimile or electronically delivered counterpart copy of this Amendment shall be deemed an original for all purposes. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the day and year first set forth above. [Remainder of page left intentionally blank] 3 (CITY OF CLEARWATER SIGNATURE PAGE) The City of Clearwater, Florida a Florida municipal corporation. ___________________________ By: ________________________ Bruce Rector Jennifer Poirrier Mayor City Manager Date: ______________________ Date: ______________________ Approved as to form: Attest: __________________________ ____________________________ Matthew J. Mytych, Esq. Rosemarie Call Senior Assistant City Attorney City Clerk Date: ______________________ Date: _______________________ 4 (HABITAT SIGNATURE PAGE) Habitat for Humanity of Pinellas County, Inc., a Florida not-for-profit corporation Witnesses: _______________________ By: _______________________ Name: _________________ Michael Sutton Address: _______________ CEO _______________________ Date: _____________________ _______________________ Name: _________________ Address: _______________ _______________________ STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me by [ ] physical presence or [ ] online notarization, this _____ day of ____________, 2024, by Michael Sutton, as CEO of Habitat for Humanity of Pinellas County, Inc., a Florida not-for-profit corporation, on behalf of the corporation. He/She is personally known to me or who produced ___________________ as identification. ______________________________ Print Name:____________________ Notary Public 5 (CEARWATER NEIGHBORHOOD HOUSING SERVICES SIGNATURE PAGE) Clearwater Neighborhood Housing Services, Inc., a Florida not-for- profit corporation Witnesses: _______________________ By: _______________________ Name: _________________ Efrain Cornier, Jr. Address: _______________ President and CEO _______________________ Date: _____________________ _______________________ Name: _________________ Address: _______________ _______________________ STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me by [ ] physical presence or [ ] online notarization, this _____ day of ____________, 2024, by Efrain Cornier, Jr., as President and CEO of Clearwater Neighborhood Housing Services, Inc., a Florida not-for-profit corporation, on behalf of the corporation. He/She is personally known to me or who produced ___________________ as identification. ______________________________ Print Name:____________________ Notary Public Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0846 Agenda Date: 7/29/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: General Services Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Authorize a purchase order to W.W. Grainger of Lake Forest, IL., for citywide purchases of maintenance, repair, and operating supplies in the not to exceed amount of $1,700,000.00, from August 1, 2024 through November 8, 2026, with two, one-year renewal options of $800,000.00 per year, per Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback purchasing, and authorize the appropriate officials to execute same. (consent) SUMMARY Grainger provides a reliable source for facilities maintenance, repair, and operations (MRO) supplies, service, and including but not limited janitorial cleaning supplies and equipment, plumbing and electrical supplies, hand-held power tools and safety supplies and equipment. The use of this contract allows for efficiency and standardization of products purchased throughout the City. Also, the City will benefit from previously established competitive prices and discounts for various items as required and will also receive an additional 3% in savings through the Sourcewell Contract, Piggyback Sourcewell Grainger Facility MRO Contract # RFP#091422-WWG Facilities Maintenance, Repair and Operations (MRO) supplies and services. Flexibility is requested to allow for expenditure of budgeted funds as needed throughout the year, in accordance with the intent of this general authorization. APPROPRIATION CODE AND AMOUNT: Funding for this award will come from various city-wide operating cost centers as well as various city-wide capital improvement projects, respective to the work being performed. STRATEGIC PRIORITY: The use of W.W. Grainger is supported by Strategic Plan Objectives 1.1, maintaining municipal performance, and promoting accountable governance; 1.2, maintaining public infrastructure; 1.3, identify resources required to sustain level of service 3.2, proactive code compliance, and targeted revitalization. Page 1 City of Clearwater Printed on 7/23/2024 091422-WWG Rev. 3/2022 1 Solicitation Number: RFP #091422 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and W.W. Grainger, Inc., 100 Grainger Parkway, Lake Forest, IL 60045, and Acklands-Grainger, Inc., 123 Commerce Valley Drive East, Suite 700, Thornhill, ON L3T 7W8, collectively referred to in the attached Proposal as, “Grainger North America” (separately and collectively herein, Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Facility MRO, Industrial, and Building-Related Supplies and Equipment from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to two times, for one additional year per extension, upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 091422-WWG Rev. 3/2022 2 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s standard product warranty policy for Participating Entity purchases in the US or Canada (as revised from time-to-time) are available on the grainger.com and grainger.ca websites, respectively, and are incorporated by reference. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier will make available to Sourcewell, upon Sourcewell request, a current means to validate or authenticate Supplier’s authorized resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition, which may include a separate line item for freight other than standard ground shipment as described in the attached Proposal. This means that the quoted cost, with such additional freight on non-standard ground shipments, is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. 091422-WWG Rev. 3/2022 3 Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier’s standard product return policy for Participating Entity purchases in the US or Canada (as revised from time-to-time) are available on the grainger.com and grainger.ca websites, respectively, and are incorporated by reference. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. Supplier’s Proposal includes additional detail regarding its Hot List program for U.S. and Canadian Participating Entities. 091422-WWG Rev. 3/2022 4 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference. Supplier will not be required to produce third-party confidential or proprietary information as justification for a requested price change, however, Sourcewell will make its determination on a price change request based on the information provided. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. A Participating Entity may be required by Supplier to document the Participating Entity’s affiliation to this Contract prior to accessing the benefits of this Contract. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities 091422-WWG Rev. 3/2022 5 to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier’s acceptable forms of payment and payment terms are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, orders for non-catalog sourced products or services, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. 091422-WWG Rev. 3/2022 6 D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address; x Participating Entity City; x Participating Entity State/Province; x Participating Entity Zip/Postal Code; 091422-WWG Rev. 3/2022 7 x Participating Entity Contact Name; x Participating Entity Contact Email Address; x Participating Entity Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities less returns, credits, tax, and additional freight handling charges. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 091422-WWG Rev. 3/2022 8 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any negligent or intentional act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by Supplier’s negligent or intentional act or omission causing some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 091422-WWG Rev. 3/2022 9 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Each party has the right to inspect the other party’s use of the licensed trademarks and the advertising and promotional materials used in connection with the licensed trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. 091422-WWG Rev. 3/2022 10 B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. Once approved, marketing material can be used by Supplier for engagement with potential or existing Participating Entities. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party claiming Force Majeure must provide the other party prompt written notice. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 091422-WWG Rev. 3/2022 11 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. This subparagraph 3 does not apply to invoice payment disputes in jurisdictions in which contract law requires Supplier to mitigate its damages. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less 091422-WWG Rev. 3/2022 12 broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this 091422-WWG Rev. 3/2022 13 Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 091422-WWG Rev. 3/2022 14 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds, and the Participating Entity has provided Supplier with advance written notice that additional federal requirements may be applicable. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted 091422-WWG Rev. 3/2022 15 Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier 091422-WWG Rev. 3/2022 16 certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are 091422-WWG Rev. 3/2022 17 contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, and following consultation with the Participating Entity to assess Supplier’s ability to comply, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity. 091422-WWG Rev. 3/2022 18 P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell W.W. Grainger, Inc. By: __________________________ By: __________________________ Jeremy Schwartz Allison Darling Title: Chief Procurement Officer Title: Sr. National Government Sales Manager Grainger US Date: ________________________ Date: ________________________ 091422-WWG Rev. 3/2022 19 Approved: Acklands-Grainger, Inc. By: __________________________ By: __________________________ Chad Coauette Marty Luciw Title: Executive Director/CEO Title: Sr. Government Sales Manager Date: ________________________ Date: ________________________ 5)3)DFLOLW\052,QGXVWULDODQG%XLOGLQJ5HODWHG 6XSSOLHVDQG(TXLSPHQW 9HQGRU'HWDLOV &RPSDQ\1DPH ::*UDLQJHU $GGUHVV *UDLQJHU3DUNZD\ /DNH)RUHVW,/ &RQWDFW $OOLVRQ'DUOLQJ (PDLO DOOLVRQGDUOLQJ#JUDLQJHUFRP 3KRQH +67 6XEPLVVLRQ'HWDLOV &UHDWHG2Q 7XHVGD\-XO\ 6XEPLWWHG2Q 7XHVGD\6HSWHPEHU 6XEPLWWHG%\ $OOLVRQ'DUOLQJ (PDLO DOOLVRQGDUOLQJ#JUDLQJHUFRP 7UDQVDFWLRQEEDDIDGEFHIDEGEE 6XEPLWWHU V,3$GGUHVV Bid Number: RFP 091422 Vendor Name: W.W. 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Grainger Bid Number: RFP 091422 Vendor Name: W.W. Grainger Sewage, & Utility Pumps, Test Pumps, Well Pumps & Systems. • Fasteners, Hardware, & Raw Materials: Anchors, Bolts, Fastener Assortments, Hardware, Hooks, Key Stock, Lanyards, Manuals, Measuring Equipment, Nails, Nuts, Pins, Retaining Rings, Rivets, Safety Lockwire, Screws, Shim and Shim Stock, Socket Screws and Set Screws, Spacers and Standoffs, Staples, Thread Insert, Threaded Rods & Studs, Washers, Braces and Brackets, Door Hardware, Door Hardware Replacement Parts, Drawer and Cabinet Hardware, Garage Door Openers, Hardware Supplies, Hook and Loop Fasteners, Hooks, Magnets and Magnetic Strips, Mounts and Vibration Control, O-Rings & O-Ring Kits, Rubber Edge Trim Seals, Rubber Edging, Springs, Tarps & Tarp Accessories, Wall and Hand Rail Hardware, Window Hardware, Alloy Steel, Aluminum, Assortments, Brass, Bronze, Carbon Steel, Cast Iron, Ceramic, Copper, Cork, Fabrics, Felt, Fiberglass, Foam, Graphite, Plastics, Rubber, Stainless Steel, Tin, Titanium, Tool Steel, Wire Cloth. • Building & Ground Maintenance: Camping Equipment, Concrete Mixing & Preparation, Crop, Nursery, and Landscaping, Cutting & Pruning Tools, Electrical Generators, Engines, Fencing and Fencing Hardware, Forestry, Hoses and Sprinkler Systems, Insect and Pest Control, Lawn Mower Attachments, Lawn Mowers & Equipment, Outdoor Equipment Replacement Parts, Power Brushes, Yard Vacuums and Leaf Blowers, Pressure Washers and Steam Cleaners, Rakes and Cultivating Tools, Shovels, Tampers and Digging Tools, Snow and Ice Removal, Soil Treatment and Weed Control, Sprayers and Spreaders, Temporary Outdoor Structures, and Accessories, Water Diversion & Erosion Control, Wheelbarrows and Wheelbarrow Accessories, Automotive Paints and Coatings, Exterior Paints & Stains, Floor & Multi Surface Coatings, Interior Paints & Stains, Paint & Coating Applicators, Paint Booths & Accessories, Paint Mixers, Shakers, and Accessories, Paint Sprayers & Accessories, Paint Thinners, Removers, and Cleaners, Paint Trays & Buckets, Paint and Wallpaper Tools, Painting Equipment Replacement Parts, Rook & Leak Coatings, Specialized Paints & Coatings, Spray Paints & Primers, Striping & Marking Paints & Chalks, Surface Protection & Dust Barriers. Table 148: Depth and 8readth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Item Category or Type Offered *Comments 71 Facility MRO Yes No North America Grainger provides a comprehensive product and service offering addressing this category. * 72 Industrial supplies or building materials Yes No North America Grainger provides a comprehensive product and service offering addressing this category. * 73 Electric, mechanical, fluid, or pneumatic power transmission Yes No North America Grainger provides a comprehensive product and service offering addressing this category. * 74 Electricalserviceorlighting Yes No North America Grainger provides a comprehensive product and service offering addressing this category. * 75 Plumbing or waterworks Yes No North America Grainger provides a comprehensive product and service offering addressing this category. 76 Services related to the offering of the solutions in Lines 71-75 above Yes No North America Grainger provides a comprehensive service offering addressing categories referenced in Lines 71-75. Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Bid Number: RFP 091422 Vendor Name: W.W. Grainger Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - Pricing-091422.zip - Tuesday September 13, 2022 10:49:00 Financial Strength and Stability - Financial Strength.zip - Tuesday September 13, 2022 09:02:00 Marketing Plan/Samples - Marketing Plan.zip - Tuesday September 13, 2022 09:02:38 WMBE/MBE/SBE or Related Certificates (optional) Warranty Information - Table 9_Q46 Sourcewell Grainger Warranty .pdf - Tuesday September 13, 2022 09:02:51 Standard Transaction Document Samples - Standard Transaction Documents.zip - Tuesday September 13, 2022 09:03:01 Upload Additional Document - Additional Documents.zip - Tuesday September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¶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³6SHFLDOO\'HVLJQDWHG1DWLRQDOVDQG%ORFNHG3HUVRQV´OLVWPDLQWDLQHGE\WKH2IILFHRI)RUHLJQ$VVHWV&RQWURO RIWKH8QLWHG6WDWHV'HSDUWPHQWRIWKH7UHDVXU\IRXQGDWKWWSVZZZWUHDVXU\JRYRIDFGRZQORDGVVGQOLVWSGI ,QFOXGHGRQWKHJRYHUQPHQWZLGHH[FOXVLRQVOLVWVLQWKH8QLWHG6WDWHV6\VWHPIRU$ZDUG0DQDJHPHQWIRXQGDW KWWSVVDPJRY6$0RU 3UHVHQWO\GHEDUUHGVXVSHQGHGSURSRVHGIRUGHEDUPHQWGHFODUHGLQHOLJLEOHRUYROXQWDULO\H[FOXGHGIURPSURJUDPVRSHUDWHG Bid Number: RFP 091422 Vendor Name: W.W. Grainger E\WKH6WDWHRI0LQQHVRWDWKH8QLWHG6WDWHVIHGHUDOJRYHUQPHQWRUWKH&DQDGLDQJRYHUQPHQWDVDSSOLFDEOHRUDQ\ 3DUWLFLSDWLQJ(QWLW\9HQGRUFHUWLILHVDQGZDUUDQWVWKDWQHLWKHULWQRULWVSULQFLSDOVKDYHEHHQFRQYLFWHGRIDFULPLQDORIIHQVH UHODWHGWRWKHVXEMHFWPDWWHURIWKLVVROLFLWDWLRQ %\FKHFNLQJWKLVER[,DFNQRZOHGJHWKDW,DPERXQGE\WKHWHUPVRIWKH3URSRVHU¶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id Number: RFP 091422 Vendor Name: W.W. Grainger As a Grainger customer, once you affiliate to the Sourcewell Cooperative contract, you can access the benefits of all six contract awards. Grainger & Sourcewell #091422-WWG FACILITY MRO Industrial & Building-Related Supplies and Equipment Facility MRO, Industrial & Building-Related Supplies and Equipment #091422-WWG > DISCOUNTS** > DISCOUNTS & BENEFITS • Access to Grainger’s entire catalog of more than 1.5 million items • Sourcewell Purchasing Power allows you to access large product Category Discounts on items you use most • Contract Hot Lists give you deep discounts on hundreds of frequently purchased items once your Grainger account is affiliated to Sourcewell • Pre-paid, Standard Shipping means Grainger covers most shipping costs*** • After-Hours Emergency Service Call (1-800-225-5994) to open a branch anytime –even nights and weekends (a $50 fee may apply) • Member Incentive Programs provide additional cost savings opportunities across your product and service requirements > FEE-BASED SERVICES & TRAININGS* Available through the same competitively solicited contract! > VALUE ADDED SOLUTIONS • Diversity/Small Business Program: Our certified network of diverse and small business resellers helps you meet your diversity procurement goals • Sourcing: We can special order products outside of our catalog for you under contract • KeepStock® Inventory Management Solutions: Learn more at grainger.com/keepstock • Consulting Services: Our MRO industry experts help you increase procurement efficiencies and lower costs Note: Grainger KeepStock® solutions are subject to customer eligibility and agreements. We’re Here to Help ©2022 W.W. Grainger, Inc. W-ELCO801 Facility > HOW TO ACCESS YOUR BENEFITS Visit Grainger.com/sourcewell to: • Register for Grainger online (using your Grainger Account) • Affiliate Grainger Account to the Sourcewell Contract (Sourcewell and Grainger account numbers required) • Shop on Grainger.com® to see your pricing once affiliated, registered, logged in ***Standard ground freight shipments are paid by Seller on all Catalog Products orders, unless otherwise stated, to Buyer’s place of business within the contiguous United States. All other freight charges imposed by the freight carrier related to the shipment and shipments outside the contiguous United States shall be paid by Buyer, unless otherwise agreed to in writing by Seller. Other terms and fees may apply for shipment of export orders and orders placed for Sourced Products. Title and risk of loss pass to Buyer upon tender of shipment to the carrier. * See Sourcewell Contract Award for full details: https://www.sourcewell-mn.gov/cooperative-purchasing/091422-wwg#tab-contract-documents ** Discounts are off of the Contract Reference Price (CRP) at the time of purchase. Discount does not apply to tax and freight. IMPROVE PRODUCTIVITY AND DRIVE COSTS OUTSatisfy bid requirements with this cooperative contract vehicle. > ABOUT SOURCEWELL Sourcewell is a self-sustaining government organization, created by Minnesota statute. With over 85K members, Sourcewell serves Local Government, Primary Education, Higher Education, and Non-Profit agencies across North America. > PRICING, REQUEST QUOTES & PLACE ORDERS Visit: Grainger.com® Call: 1-800-GRAINGER (24/7) Email: CustomerSupport@Grainger.com > ACCESS CONTRACT DOCUMENTATION sourcewell-mn.gov/cooperative-purchasing/091422-wwg#tab-contract-documents Energy • Lighting • HVAC • Water Conservation • Steam Trap • Dust Collection • Motor and Pumps Facility • Electrical • Skill Training • Indoor Coating Safety • PPE & Footwear • Facility • Health CATEGORY DISCOUNTS 40%Air Filters 32%Fasteners 23%Electrical Supplies 22%Cleaning Equipment & Supplies, Lighting 20%Plumbing 19%Electronics, Appliances & Batteries, Motors, Power Transmission, Safety 17%HVAC Supplies 15%Lab Supplies, Material Handling, Storage, Packaging, Security 14%Hand Tools 12%Outdoor Equipment 11%Pneumatics, Power Tools 10%Adhesives, Sealants & Tape, Lubrication, Paint Equipment & Supplies, Welding, Machining & Cutting 7%Abrasives, Pumps, Test Instruments 5%Fleet and Vehicle Maintenance, Furniture, Hospitality & Food Service, Hardware, Hydraulics, Office Supplies #091422-WWG Facility MRO Supplies & Equip#080922-WWG PubSafety/EmerMgmt Solutions#101320-WWG Janitorial Supplies#032620-WWG Firefighting PPE#040220-WWG Firefighting Equipment#090122-WWG Law Enforcement Equipment GRAINGER.COM® | 1.800.GRAINGER Low Sensitivity Program Benefits – Facility MRO Access Grainger’s entire catalog of 1.5M products Satisfy bid requirements through the use of competitively bid cooperative contract Maintenance Repair Operations Product & Service Solutions Cost Savings Opportunities Category Discounts Prepaid, Standard Shipping Enhanced Discount Incentive Sourcing (special order) capabilities KeepStock/Inventory Management Diversity/Small Business Program Value added Benefits include: Net Contract Pricing accessible when logged in at www.grainger.com Please note: Enhanced Discount Incentive of an extra 3% off all categories but those at 5%. Facility MRO Sourcewell RFP #091422 Grainger Hot List - US 1 Prices are subject to change in accordance with contract terms and conditions. Product offered is subject to change based on availability. WWG SKU Segment Product Description US CRP Price US Contract Price 10A348 Cleaning Neutral Floor Cleaner,Liquid,1.5 gal,PK2 353.35$ 209.63$ 10C401 Cleaning Bathroom Cleaner,1.5L,Hose Sprayer,PK2 146.11$ 71.59$ 10F284 Cleaning Toilet Paper Roll,450,White,PK80 174.98$ 72.53$ 10Z870 Paint, Equipment and Supplies Spray Paint,White,12 oz.15.91$ 7.39$ 11K369 Fasteners Conical Screw Anchor,#10,PK100 2.99$ 1.13$ 11Y605 Cleaning Floor Cleaner,Liquid,5L,Bottle 350.03$ 235.16$ 11Y612 Cleaning All Purpose Cleaner,2.5L,Bottle,PK2 201.82$ 89.75$ 11Y629 Cleaning Floor Finish,High Gloss,5 gal,Box 249.77$ 163.00$ 11Y651 Cleaning Spot &Stain Rem,Portion Measuring Btl 44.41$ 27.77$ 12G797 Cleaning Cleaner Stick,5 3/4 in L,Gray 6.24$ 2.14$ 12M211 Furniture, Hospitality and Food Service Disp Food Tray,Red,6 1/2in W,PK1000 76.89$ 81.38$ 12M214 Furniture, Hospitality and Food Service Disp Food Tray,Red,8 1/8 in W,PK500 79.18$ 82.23$ 13C493 Safety Label Tape Cartridge,26 ft.4"L,45/64" W 35.09$ 26.07$ 13G691 Cleaning Hand Sani. Refill,Refill Cart.,Foam,PK2 150.27$ 62.81$ 13J017 Safety Fire Ext. Bracket,Steel 21.33$ 16.47$ 13M588 Lighting Emrg Lght,Plst,Nick Cad,1 W,LED 45.68$ 31.99$ 14J848 Material Handling Bungee Strap,Black,15" L 2.42$ 0.79$ 14J850 Material Handling Bungee Strap,Black,31" L 3.34$ 1.08$ 15A846 Material Handling Stretch Wrap,Blown,Standard Duty 31.59$ 14.66$ 15A886 Material Handling Stretch Wrap,Cast,Standard Duty 29.47$ 23.83$ 15A936 Material Handling Stretch Wrap,Cast,Standard Duty 32.77$ 16.65$ 15E485 Cleaning Trash Bag,45 gal.,Magnum Blue,PK50 80.95$ 47.54$ 15E495 Cleaning Trash Bag,55 gal.,Clear,PK50 81.23$ 24.17$ 15E499 Cleaning Trash Bag,60 gal.,Clear,PK100 91.59$ 41.40$ 15E884 Cleaning Hand Soap,CLR,1,200 mL,Pomegranate,PK2 101.19$ 46.40$ 15F196 Lubrication Grease Gun,Pistol Grip Handle,6000 psi 40.03$ 28.84$ 15X957 Outdoor Equipment Water Nozzle,Pistol Grip,Metal 5.93$ 4.99$ 15X968 Outdoor Equipment Garden Hose Adapter,3/4"x3/4",GHTxGHT 13.82$ 12.11$ 16M232 Safety Combination Cartridge/Filter,Threaded,PR 40.52$ 17.34$ 16M236 Safety Combination Cartridge/Filter,Threaded,PR 39.69$ 20.71$ 16W208 Cleaning Wet Mop,Natural,Cotton 8.23$ 2.56$ 16W219 Cleaning Wet Mop,Natural,Cotton 7.47$ 2.60$ 16W229 Cleaning Wet Mop,Natural,Cotton 10.33$ 3.00$ 16W230 Cleaning Wet Mop,Natural,Cotton 12.37$ 3.15$ 16X949 Test Instruments IR Therm,1" @ 10",-22 to 932 Deg. F 197.19$ 126.80$ 19N746 Adhesives, Sealants and Tape Elec Tape,60 ft Lx3/4 in W,7 mil,Black 1.61$ 0.85$ 19ZN60 HVAC and Refrigeration Coil Cleaner,Aerosol,20 oz.,White 12.56$ 5.88$ 1A096 Power Transmission V-Belt,A49,51in 14.58$ 3.03$ 1A105 Power Transmission V-Belt,A45,47in 13.91$ 3.27$ 1A106 Power Transmission V-Belt,B47,50in 21.92$ 17.27$ 1A109 Power Transmission V-Belt,A40,42in 11.16$ 2.96$ 1AD87 Safety Jersey Gloves,Brown,L,PR 2.66$ 1.00$ 1ANB7 Electronics, Appliances, and Batteries Battery,Lithium,Size 123,3VDC 10.85$ 2.16$ 1ANB9 Electronics, Appliances, and Batteries Battery,Lithium,Size 223,6VDC 18.98$ 4.40$ 1ANJ6 HVAC and Refrigeration Evaporator Cleaner,Aerosol,18 fl oz 22.66$ 10.50$ 1ANJ8 HVAC and Refrigeration Leak Detector,1 qt.,Blue 17.97$ 12.74$ 1APG7 Plumbing Anti-Siphon Fill Valve,Universal Fit 15.61$ 9.05$ 1ATH7 Hand Tools Tubing Cutter,Aluminum,3-1/8 In. L 31.97$ 26.39$ 1AU17 Cleaning Disinfecting Wipes,35 ct,Canister,PK12 99.37$ 38.73$ 1AU29 Cleaning Toilet Bowl Cleaner,24 oz,Bottle,PK12 74.49$ 31.84$ Facility MRO Sourcewell RFP #091422 Grainger Hot List - US 2 Prices are subject to change in accordance with contract terms and conditions. Product offered is subject to change based on availability. WWG SKU Segment Product Description US CRP Price US Contract Price 1AV08 Safety Jersey Gloves,10-1/4",L,Brown 1.37$ 0.49$ 1AZ97 Safety Sports Drink Mix,Glacier Freeze 11.18$ 3.61$ 1BZ34 Electrical Automotive Fuse,15A,Blade,ATC Series 1.85$ 0.49$ 1BZ35 Electrical Automotive Fuse,20A,Blade,ATC Series 1.81$ 0.49$ 1BZ36 Electrical Automotive Fuse,25A,Blade,ATC Series 1.82$ 0.49$ 1BZ37 Electrical Automotive Fuse,3A,Blade,ATC Series 1.89$ 0.49$ 1BZ38 Electrical Automotive Fuse,30A,Blade,ATC Series 1.82$ 0.49$ 1BZ40 Electrical Automotive Fuse,5A,Blade,ATC Series 1.89$ 0.48$ 1BZ42 Electrical Automotive Fuse,10A,Blade,ATM Series 2.32$ 0.57$ 1BZ43 Electrical Automotive Fuse,15A,Blade,ATM Series 2.08$ 0.63$ 1BZ44 Electrical Automotive Fuse,20A,Blade,ATM Series 2.35$ 0.63$ 1BZ51 Electrical Automotive Fuse,5A,Blade,ATM Series 2.25$ 0.63$ 1C139 Safety Ear Muffs,Over-the-Head,NRR 30dB 57.16$ 28.20$ 1CG56 Cleaning Toilet Cleaning Caddy,3 1/4 in L,White 8.52$ 2.57$ 1CH06 Cleaning Bathroom Cleaner,21 oz,Canister,PK24 89.97$ 31.66$ 1CKD2 Plumbing Brass Ball Valve,Inline,FNPT,3/4 in 20.03$ 14.44$ 1CX48 Electrical Fuse,Class CC,15A,LP-CC Series 37.89$ 24.80$ 1D262 Cleaning Contact Clnr,Aero Spray Can,11 oz,Liq,QD 28.96$ 14.26$ 1D573 Security Combination Padlock,2 in,Round,Silver 13.51$ 6.23$ 1DPD7 Safety Pull Station Cover w/Horn,Wall,3-3/16inD 142.47$ 64.32$ 1E522 Lighting Safety Sleeves for T8 Bulb,48" L,Clear 4.69$ 1.27$ 1E674 Lighting Quartz MH Bulb,BD17,E26,8100 lm,100W 47.35$ 41.24$ 1ECK9 Cleaning Sanitry Napkn Rcptcl,11"H,9"W 111.72$ 28.78$ 1EJY1 Safety Rain Poncho,Reusable,Green,50" L 39.26$ 21.90$ 1FD55 Electrical Ltd Ext Crd,50ft,14Ga,15A,SJTW,Org/Blk 55.21$ 20.19$ 1FD56 Electrical Ltd Ext Crd,100ft,14Ga,13A,SJTW,Org/Blk 106.08$ 70.53$ 1FYX8 Safety Safety Glasses,Gray 2.93$ 0.71$ 1GG87 Cleaning Soap Dispenser,800mL,Black 56.49$ 22.30$ 1HLV6 Outdoor Equipment Water Nozzle,Twist,Brass,3-5/8" L 13.00$ 4.82$ 1HUB7 Safety Absorbent Pad,Universal,Gray,PK200 118.36$ 88.97$ 1HUC4 Safety Absorbent Pad,Universal,Gray,PK100 78.16$ 60.68$ 1JY14 Office Supplies Dry Erase Board Cleaner,8 oz.6.73$ 6.76$ 1JY16 Office Supplies Block Eraser,Felt, Gray 5.63$ 2.67$ 1JY33 Fasteners USSWsh,Znc,Stl,3/8 in,1x0.0781in,100PK 7.17$ 3.15$ 1JYZ5 Cleaning Pots&Pans Cleaner,Bottle,38oz,Liquid,PK8 104.75$ 49.70$ 1KAA3 Plumbing Diaphragm Assembly,Toilets 12.99$ 5.38$ 1KAA5 Plumbing Servomotor,Acorn 137.06$ 67.45$ 1MUC1 Lubrication Mobilgrease XHP 222, Grease, 13.7 oz.10.72$ 4.15$ 1MYH2 Cleaning Extendable Duster,6 in W 36.53$ 5.60$ 1NFG8 Cleaning Correctional Toilet Brush,15 in L,White 10.83$ 4.49$ 1P753 Plumbing Quick Connect Filter,5 micron,8 gpm,PK2 66.89$ 45.62$ 1PBT3 Safety Sunscreen,Tottle Bottle,4.000 oz.12.24$ 4.44$ 1PGU6 Lighting Plug-In CFL Bulb,4100K,13W,10,000 hr 5.19$ 2.28$ 1PGU8 Lighting Plug-In CFL Bulb,2700K,13W,10,000 hr 4.92$ 2.17$ 1PGW4 Lighting Plug-In CFL Bulb,3500K,13W,17,000 hr 10.35$ 4.43$ 1PGW5 Lighting Plug-In CFL Bulb,4100K,13W,17,000 hr 12.48$ 4.59$ 1PGX3 Lighting Plug-In CFL Bulb,3500K,18W,17,000 hr 12.56$ 4.51$ 1PGX4 Lighting Plug-In CFL Bulb,4100K,18W,17,000 hr 11.82$ 4.57$ 1PGY2 Lighting Plug-In CFL Bulb,3500K,26W,10,000 hr 11.59$ 4.63$ 1PGY3 Lighting Plug-In CFL Bulb,4100K,26W,10,000 hr 10.34$ 4.63$ Facility MRO Sourcewell RFP #091422 Grainger Hot List - US 3 Prices are subject to change in accordance with contract terms and conditions. Product offered is subject to change based on availability. WWG SKU Segment Product Description US CRP Price US Contract Price 1PGY6 Lighting Plug-In CFL Bulb,3500K,26W,17,000 hr 11.36$ 4.69$ 1PGY7 Lighting Plug-In CFL Bulb,4100K,26W,17,000 hr 12.61$ 4.49$ 1PGZ9 Lighting Plug-In CFL Bulb,3500K,26W,17,000 hr 24.05$ 6.60$ 1PHA4 Lighting Plug-In CFL Bulb,3500K,32W,17,000 hr 16.36$ 6.85$ 1PHA5 Lighting Plug-In CFL Bulb,4100K,32W,17,000 hr 16.05$ 7.38$ 1PHA8 Lighting Plug-In CFL Bulb,3500K,42W,17,000 hr 17.81$ 16.70$ 1PHA9 Lighting Plug-In CFL Bulb,4100K,42W,17,000 hr 13.18$ 6.77$ 1PHJ1 Cleaning Toilet Paper Roll,Continuous,White,PK8 85.53$ 52.35$ 1PHJ2 Cleaning Toilet Paper Roll,Continuous,White,PK8 85.94$ 41.18$ 1R416 Pneumatics Filter Element,Polyester,2.31" Ht, 3" ID 15.77$ 5.85$ 1RLV8 Cleaning Forced Cup Plunger,Rubber,Cup Size 6In.13.89$ 2.48$ 1RPH5 Plumbing ProPress coupling No stop, 2" x 2"31.59$ 25.72$ 1RPJ4 Plumbing ProPress 90 elbow, 1/2" x 1/2"3.69$ 2.31$ 1TTX1 Paint, Equipment and Supplies Paint Brush,1",Chip,China Hair,Soft,PK36 19.91$ 8.14$ 1TTX2 Paint, Equipment and Supplies Paint Brush,2",Chip,China Hair,Soft,PK24 17.67$ 6.12$ 1TYL7 Cleaning Wet Mop,White,Cotton 20.02$ 5.82$ 1TYR3 Cleaning Wet Mop,Blue,Cotton 9.02$ 3.68$ 1TYR5 Cleaning Wet Mop,Blue,Cotton 12.15$ 5.50$ 1TZE9 Cleaning Dust Mop,Gray/White,Cotton 16.42$ 12.31$ 1TZF3 Cleaning Dust Mop,Gray/White,Cotton 16.13$ 8.52$ 1TZF4 Cleaning Dust Mop,Gray/White,Cotton 17.26$ 3.92$ 1U172 Security Combination Padlock,1 1/2 in,Rectangle 29.39$ 14.01$ 1U173 Security Combination Padlock,1 1/2in,Rectgle,Gold 35.03$ 18.52$ 1UBY5 Fleet and Vehicle Maintenance Engine Oil,30,Conventional,1qt 9.37$ 6.45$ 1UFK7 Safety Freezer Pop,Assorted,PK150 77.54$ 40.99$ 1UK65 Hand Tools Multi-Bit Screwdriver, NumBits 2 9.59$ 6.12$ 1UYK9 Welding Lead Free Solder,Dia 0.118 In,1lb 50.21$ 34.77$ 1VAB5 Cleaning Corn Broom,38 in Handle L,12 in Face 23.62$ 8.60$ 1VAB7 Cleaning Corn Broom,38 in Handle L,11 in Face 18.24$ 12.78$ 1VAC2 Cleaning Lobby Broom,30 in Handle L,6 in Face 8.97$ 4.16$ 1VAC3 Cleaning Corn Broom,38 in Handle L,12 in Face 17.52$ 7.32$ 1VAC4 Cleaning Angle Broom,47 in Handle L,12 in Face 16.35$ 4.42$ 1VAC5 Cleaning Angle Broom,47 in Handle L,12 in Face 20.21$ 5.40$ 1VAD2 Cleaning Broom Brace,15 1/2 in L 7.34$ 2.26$ 1VAE9 Cleaning Toilet Brush,20 1/2 in L,Black 4.69$ 1.66$ 1VAG1 Cleaning Scratch Brush,2 in Brush L,PK5 7.98$ 2.74$ 1VAG2 Cleaning Scratch Brush,1 1/2 in Brush L,PK5 9.35$ 5.24$ 1VAH7 Welding Flux Brush,3/8" Brush Width,PK24 8.57$ 2.98$ 1VAJ5 Cleaning Long Handled Dust Pan,Black 31.89$ 13.03$ 1VAJ6 Cleaning Long Handled Dust Pan,Black 28.12$ 10.68$ 1VAJ7 Cleaning Handheld Dust Pan,Black 8.06$ 2.39$ 1VAJ8 Cleaning Handle,60 in L,Threaded 9.74$ 3.29$ 1VAJ9 Cleaning Handle,60 in L,Threaded 10.98$ 3.84$ 1VLV5 Plumbing Adapter,Wrot Copper,1/2" Tube,CxMNPT 2.12$ 0.97$ 1VLW1 Plumbing Adapter,Wrot Copper,3/4" Tube,CxMNPT 4.84$ 1.62$ 1VN21 Lighting FLUOR Ballast,Electronic,Instant,32W 21.52$ 13.06$ 1VN22 Lighting FLUOR Ballast,Electronic,Instant,32W 31.16$ 14.48$ 1VT47 Safety Leather Gloves,L 9.35$ 2.65$ 1VT48 Safety Leather Gloves,M 9.92$ 2.66$ 1VT70 Safety Chemical Splash/Impact Resistant Goggles 11.71$ 2.29$ Facility MRO Sourcewell RFP #091422 Grainger Hot List - US 4 Prices are subject to change in accordance with contract terms and conditions. Product offered is subject to change based on availability. WWG SKU Segment Product Description US CRP Price US Contract Price 1VZT1 Hardware Door Sweep,Single Fin,3 ft. L 12.38$ 6.68$ 1WG31 Outdoor Equipment Round Point Shovel,48 In.Handle,14 ga.45.84$ 18.45$ 1WJT1 Hand Tools Water Key,Four Way,Steel,Vinyl Pouch 8.60$ 4.03$ 1XRJ6 Paint, Equipment and Supplies Brush,2",Flat Sash,Polyester,2 7/16"L 3.51$ 0.49$ 1XRJ7 Paint, Equipment and Supplies Brush,3",Flat Sash,Polyester,2 11/16"L 6.72$ 0.70$ 1XUP6 Electrical Ltd Ext Crd,25ft,12Ga,15A,SJTW,Yel/Blk 39.27$ 17.64$ 1ZBZ2 Cleaning Floor Squeegee,36 in W,Curved 51.58$ 33.26$ 20E890 Test Instruments Digital Clamp Meter,TRMS,400A,600V 229.36$ 159.67$ 20G116 Cleaning Cloth Rag,New,Size Varies 148.01$ 33.08$ 20JN44 Test Instruments Gauge,Pressure,0 to 60 psi,2-1/2 in.35.17$ 9.75$ 20JN45 Test Instruments Gauge,Pressure,0 to 100 psi,2-1/2 in.35.17$ 8.92$ 20JN46 Test Instruments Gauge,Pressure,0 to 160 psi,2-1/2 in.35.17$ 9.75$ 20JX51 Plumbing Spud,Universal Fit 11.03$ 8.34$ 20JY60 Lubrication 8 oz.,Aerosol,Lubricant 10.07$ 5.77$ 20JY61 Lubrication 11 oz.,Aerosol,Lubricant 13.92$ 7.92$ 20JY62 Lubrication 12 oz.,Aerosol,Lubricant 14.48$ 8.06$ 20JY63 Lubrication 16 oz.,Aerosol,Lubricant 13.95$ 7.59$ 20PJ09 Adhesives, Sealants and Tape Masking Tape,1" W,60 yd L,Tan 7.47$ 1.96$ 20PJ11 Adhesives, Sealants and Tape Masking Tape,2" W,60 yd L,Tan 10.42$ 4.07$ 20PJ22 Adhesives, Sealants and Tape Painters Masking Tape,1" W,60 yd L,Blue 9.54$ 3.69$ 20PJ24 Adhesives, Sealants and Tape Painters Masking Tape,2" W,60 yd L,Blue 16.82$ 8.49$ 20RW81 Fleet and Vehicle Maintenance 2-Cycle Engine Oil,Conventional,2.6 oz 1.25$ 1.01$ 20W433 Cleaning Hand Sanitizer,Bottle,Gel 12.78$ 5.19$ 20W448 Cleaning Hand Sanitizer,Bottle,Liquid,PK24 105.19$ 37.10$ 20XP93 Outdoor Equipment Garden Hose Cap,Brass,11-1/2" GHT 4.77$ 2.52$ 21A163 Safety Safety Glasses,Smoke 11.19$ 4.17$ 21EK77 Electronics, Appliances, and Batteries Battery,Alkaline,D,Premium,PK12 33.81$ 17.60$ 21EK78 Electronics, Appliances, and Batteries Battery,Alkaline,C,Premium,PK12 33.87$ 18.69$ 21EK79 Electronics, Appliances, and Batteries Battery,Alkaline,9V,Premium,PK12 64.58$ 43.37$ 21LN85 Electronics, Appliances, and Batteries Rechargeable Battery,AA,1.2VDC,PK4 24.87$ 20.24$ 21NM25 Safety Leather Gloves,Gray,L,PR 8.81$ 4.30$ 21NM26 Safety Leather Gloves,Gray,M,PR 8.81$ 4.17$ 21R992 Cleaning Hand Sanitizer,Bottle,Gel,PK12 135.43$ 54.86$ 21RV48 Power Tools Battery Pack,(2) 4.0 Ah,Li-Ion,PK2 351.40$ 247.98$ 22A624 Electronics, Appliances, and Batteries Battery,Alkaline,AA,Premium,PK24 30.42$ 15.65$ 22A625 Electronics, Appliances, and Batteries Battery,Alkaline,AAA,Premium,PK24 31.59$ 16.26$ 22C503 Cleaning All Purpose Cleaner,32 oz,PK12 126.14$ 49.70$ 22C608 Cleaning Cleaner/Degreaser,Sassafrass,24 oz 10.99$ 4.98$ 22C609 Cleaning Cleaner/Degreaser,Sassafrass,1 gal 23.99$ 11.55$ 22C611 Cleaning Cleaner/Degreaser,Sassafrass,5 gal 107.88$ 57.45$ 22C615 Cleaning Cleaner/Degreaser,Unscented,1 gal,Jug 31.58$ 17.12$ 22D015 Cleaning Disinfecting Wipes,75 ct,Canister,PK6 78.49$ 33.94$ 22D027 Cleaning Disinfectant Cleaner,Pine,144 oz,PK3 86.21$ 44.09$ 22D032 Cleaning All Purpose Cleaner,144 oz,Bottle,PK3 87.53$ 38.46$ 22FK03 Plumbing 90 Elbow, 3/4 in, Schedule 40, Socket 0.60$ 0.17$ 22M707 Electronics, Appliances, and Batteries Battery,Lithium,AA,Hi Performance,PK24 95.75$ 55.62$ 22NV29 Furniture, Hospitality and Food Service Ice Machine Cleaner,1 gal.,Green 140.09$ 100.30$ 22RV96 Fasteners LkNt,18-8,SStl,1/4"-20,7/16x1/4in,50PK 4.08$ 1.72$ 22UR67 Plumbing Spud,Sloan, Zurn, American Standard 15.13$ 4.47$ 22UY43 Cleaning Paper Towel Roll,85,White,PK30 74.42$ 30.36$ Facility MRO Sourcewell RFP #091422 Grainger Hot List - US 5 Prices are subject to change in accordance with contract terms and conditions. Product offered is subject to change based on availability. WWG SKU Segment Product Description US CRP Price US Contract Price 22YK50 Pneumatics Air Gun,Lever,Chrome Plated Zinc 7.78$ 4.10$ 23X777 Lighting Handheld Flashlight,Nylon,Black,500lm 87.21$ 58.82$ 23Y617 Safety Safety Glasses,Clear 7.66$ 2.42$ 24U136 Safety Mechanics Gloves,L/9,9",PR 22.24$ 8.90$ 24W596 Lighting Linear FLUOR Bulb,T12,48" L,G13,4100K 6.84$ 2.68$ 24WJ88 Cleaning Hand Cleaning Towels,10" x 12" ,Citrus 27.53$ 10.12$ 24Y898 Cleaning SS Cleaner,18 oz,Aerosol Spray Can 9.23$ 3.24$ 24Y904 Cleaning Germicidal Cleaner,Lemon,20 oz 7.87$ 2.80$ 24Z193 Cleaning Upright Vacuum,60 cfm,13" CleaningPath 329.86$ 198.71$ 25DU72 Lubrication Grease Gun,Cordless,14 oz.410.55$ 338.07$ 26W999 Fleet and Vehicle Maintenance Inverter,115V AC Output Voltage,4.39" W 60.84$ 37.28$ 29WP47 Material Handling Anchor Shackle,Carbon Steel,6500 lb.30.42$ 25.35$ 2A225 Adhesives, Sealants and Tape Elec Tape,76 ft Lx3/4 in W,7 mil,Black 13.55$ 7.28$ 2A226 Adhesives, Sealants and Tape Elec Tape,20 ft Lx3/4"W,7 mil,Black,PK10 62.12$ 27.44$ 2A227 Adhesives, Sealants and Tape Elec Tape,66 ft Lx3/4 in W,8.5 mil,Black 14.55$ 8.33$ 2A228 Adhesives, Sealants and Tape Elec Tape,66 ft Lx3/4 in W,7 mil,White 13.42$ 7.34$ 2A229 Adhesives, Sealants and Tape Elec Tape,66 ft Lx3/4 in W,7 mil,Red 13.42$ 7.34$ 2A230 Adhesives, Sealants and Tape Elec Tape,66 ft Lx3/4 in W,7 mil,Blue 13.42$ 7.34$ 2A231 Adhesives, Sealants and Tape Elec Tape,66 ft Lx3/4 in W,7 mil,Green 13.42$ 7.34$ 2A232 Adhesives, Sealants and Tape Elec Tape,66 ft Lx3/4 in W,7 mil,Yellow 13.42$ 7.34$ 2AC19 Power Tools Reciprocating Saw Blade,TPI 14,PK5 16.94$ 7.45$ 2AC20 Power Tools Reciprocating Saw Blade,TPI 18,PK5 16.94$ 7.45$ 2AR69 Safety Pre-Moistened Cleaning Tissues,PK100 16.41$ 6.15$ 2CDC6 Cleaning Shop Vacuum,2 gal.,Reinforced Nylon 183.83$ 124.83$ 2CYX8 Welding Single Flint Lighter,w/ 5 Flint Renewals 5.06$ 2.47$ 2DBY8 Cleaning Furniture Polish,20 oz,Aerosol Can 8.55$ 2.50$ 2DCB3 Outdoor Equipment Crawling Insect Killer,Aerosol 15.63$ 4.41$ 2DCB5 Outdoor Equipment Wasp and Hornet Killer,Aerosol,12 oz.11.05$ 4.41$ 2DGP6 Hand Tools Screwdriver Set, NmPcs8 100.48$ 57.16$ 2EMK6 Safety Cooling Towel,Blue,13 x 29 In.13.58$ 6.20$ 2ERV1 Furniture, Hospitality and Food Service Disp Cold Cup,16 oz,Translucent,PK1000 220.79$ 97.63$ 2ETU3 Lighting Linear FLUOR Bulb,T8,47-3/4" L,G13,4100K 6.85$ 3.87$ 2ETU4 Lighting Linear FLUOR Bulb,T8,47-3/4" L,G13,5000K 7.16$ 4.00$ 2EVR4 Plumbing Gasket,Acorn 5.27$ 3.30$ 2EVX5 Plumbing Water Chamber Assembly,Acorn 17.06$ 10.02$ 2EXW7 Fleet and Vehicle Maintenance Windshield Wash Cleaner,1 Gal,32 F 3.95$ 1.42$ 2F934 Hand Tools Paint Marker, Permanent, White 6.09$ 2.75$ 2F936 Hand Tools Paint Marker, Permanent, Yellow 6.09$ 2.75$ 2F938 Hand Tools Paint Marker, Permanent, Red 6.09$ 2.75$ 2FCA3 Paint, Equipment and Supplies Paint Mix and Measure Container,PK24 26.77$ 17.82$ 2FP61 Paint, Equipment and Supplies Spray Paint,Silver Aluminum,14 oz.16.17$ 6.39$ 2FP66 Paint, Equipment and Supplies Rust Preventative Spray Paint,Black,15oz 15.38$ 6.31$ 2GVN6 Cleaning All Purpose Cleaner,1 gal,Jug,PK2 80.31$ 30.36$ 2HYK2 Electronics, Appliances, and Batteries Coin Battery,Lithium,3VDC,2450 5.79$ 1.43$ 2HZD8 Electrical Post Bases,Steel,Overall L 6in 57.31$ 15.02$ 2KFY4 Safety Nuisance Dust Mask,Universal,Molded,PK50 11.31$ 3.61$ 2KU25 Test Instruments Voltage Detector, CAT IV 1000V, No Disp 46.23$ 32.43$ 2LEF7 Cleaning Toilet Bowl Cleaner,32 oz,Blue,Bottle 5.76$ 2.48$ 2LEF8 Cleaning Bath and Bowl Cleaner,32 oz,Bottle 9.39$ 2.45$ 2LHJ9 Cleaning Urinal Mat,Gray,Apple,20 3/8 in,PK6 71.65$ 52.70$ Facility MRO Sourcewell RFP #091422 Grainger Hot List - US 6 Prices are subject to change in accordance with contract terms and conditions. Product offered is subject to change based on availability. WWG SKU Segment Product Description US CRP Price US Contract Price 2LML1 Safety Chest Wader,Men's,11,Steel,Black ,PR 221.34$ 99.42$ 2LVL5 Safety Eye Wash Preservative,8 oz.20.62$ 6.47$ 2MCX5 Lighting FLUOR Ballast,Electronic,Instant,32W 25.09$ 13.14$ 2MCZ5 Safety Leather Gloves,2XL 9.35$ 2.77$ 2MCZ6 Safety Leather Gloves,Beige,2XL 10.16$ 2.75$ 2MDA7 Safety Leather Gloves,Gray,XL,PR 5.36$ 1.92$ 2NTH9 Cleaning Scrubber,3 in L,Silver,PK6 15.97$ 7.65$ 2P351 Pumps Condensate Pump,1/2 gal,1/3 hp,115V AC 98.04$ 46.76$ 2P547 Pumps HP 3/10,Sump Pump,Vertical Float 381.87$ 178.58$ 2P549 Pumps HP 3/10,Sump Pump,Vertical Float 348.27$ 184.84$ 2P550 Pumps HP 1/2,Sump Pump,Vertical Float 493.96$ 252.87$ 2P888 Plumbing Toilet Seat,Elongated Bowl,Open Front 32.34$ 15.18$ 2PYH4 Cleaning Mop Bucket and Wringer,Yellow,8 3/4 gal 152.49$ 49.53$ 2PYH5 Cleaning Mop Bucket and Wringer,Yellow,8 3/4 gal 97.43$ 73.37$ 2PYW6 Cleaning Utility Container,31 gal.,Silver 57.37$ 19.92$ 2RKT1 Hand Tools Multi-Bit Screwdriver,11-In-1,SAE 27.53$ 14.16$ 2TRN8 Cleaning Toilet Paper Roll,550,White,PK80 137.55$ 60.51$ 2U227 Cleaning Paper Towel Sheets,White,240,PK10 94.97$ 40.34$ 2U228 Cleaning Paper Towel Sheets,White,250,PK16 88.83$ 36.61$ 2U229 Cleaning Paper Towel Sheets,Brown,250,PK16 75.17$ 29.41$ 2U232 Cleaning Paper Towel Roll,800,Brown,PK6 91.72$ 40.43$ 2U250 Cleaning Facial Tissue,100,White,PK30 68.52$ 35.33$ 2U288 Cleaning Toilet Brush,14 in L,White 2.22$ 0.52$ 2U642 Cleaning Scrubber,6 1/8 in L,Green/Yellow,PK20 105.68$ 55.47$ 2U643 Cleaning Scouring Pad,9 in L,Green,PK20 29.82$ 15.69$ 2U674 Cleaning Multi-Surface Cleaner,Liquid,2L,Bottle 127.61$ 54.94$ 2U683 Cleaning General Purpose Cleaner,Liquid,2L,Bottle 103.47$ 54.09$ 2UKH3 Electronics, Appliances, and Batteries Battery,12VDC,12Ah,0.250" Faston 54.67$ 24.41$ 2UKJ2 Electronics, Appliances, and Batteries Battery,6VDC,4Ah,0.187" Faston 13.05$ 5.08$ 2UKJ4 Electronics, Appliances, and Batteries Sealed Lead Acid Battery,12VDC,7Ah 30.41$ 17.56$ 2UV85 Adhesives, Sealants and Tape Epoxy Adhesive,Tube,1:1 Mix Ratio 8.97$ 4.89$ 2UY27 Cleaning Sponge,4 3/8 in L,Blue/White,PK24 40.21$ 33.39$ 2UYF3 Safety Safety Glasses,Clear 8.35$ 3.14$ 2UYF7 Safety Safety Glasses,Indoor/Outdoor 9.13$ 3.23$ 2UYG5 Safety Safety Glasses,Smoke 15.19$ 5.67$ 2UYG6 Safety Safety Glasses,Clear 13.91$ 5.95$ 2V632 Lighting HPS Bulb,ED17,E26,6400 lm,70W 27.77$ 14.06$ 2V712 Lighting Quartz MH Bulb,ED28,E39,20,800 lm,250W 29.21$ 13.77$ 2VEW1 Electronics, Appliances, and Batteries Battery,Lithium,Size 123,3VDC,PK2 10.14$ 3.87$ 2VEW2 Electronics, Appliances, and Batteries Battery,Lithium,Size 123,3VDC,PK12 41.72$ 20.29$ 2VEW8 Lighting FLUOR Ballast,Electronic,Instant,53W 25.25$ 15.64$ 2VEX6 Cleaning Toilet Seat Cover,250,White,PK20 116.37$ 38.10$ 2VHP9 Cleaning Dry Wipe,8 1/4" x 16-3/4",White 22.17$ 16.48$ 2W230 HVAC and Refrigeration Pleated Air Filter,16x20x2,MERV 7 7.20$ 4.10$ 2W231 HVAC and Refrigeration Pleated Air Filter,16x25x2,MERV 7 8.45$ 4.45$ 2W232 HVAC and Refrigeration Pleated Air Filter,20x20x2,MERV 7 8.82$ 4.35$ 2W234 HVAC and Refrigeration Pleated Air Filter,12x24x2,MERV 7 7.36$ 4.10$ 2W504 Adhesives, Sealants and Tape Duct Tape,Gray,1 7/8 in x 60 yd,11 mil 14.11$ 5.54$ 2W778 Material Handling Hang and Stack Bin,Blue,Plastic,5 in 8.74$ 3.10$ 2XJ47 Plumbing Replacement Filter Cartridge,For EWF172 91.51$ 67.24$ Facility MRO Sourcewell RFP #091422 Grainger Hot List - US 7 Prices are subject to change in accordance with contract terms and conditions. Product offered is subject to change based on availability. WWG SKU Segment Product Description US CRP Price US Contract Price 2XJ96 Plumbing Disc,Toilets 9.31$ 5.03$ 2XRN3 Cleaning Dry Wipe Roll,9 1/2" x 11",Blue 6.18$ 2.92$ 2XU12 Plumbing Inside Cover,Sloan 15.43$ 6.93$ 2XU18 Plumbing Electronic Module,Sloan 292.83$ 213.30$ 2XU31 Plumbing Control Stop Repair Kit,Sloan 19.36$ 9.96$ 2XU35 Plumbing Vacuum Breaker Repair Kit,Sloan 8.37$ 3.16$ 2YY83 Pneumatics Compressor Oil Coolant, 1 L, Bottle 40.59$ 14.98$ 2ZXE5 Cleaning Urinal Screen,Triangular,Red,2.65oz,PK12 34.11$ 8.06$ 30D897 Safety Glove,Rescue,Cut Resistant,L,Hi-Vis,Pr 55.09$ 37.47$ 30P050 Office Supplies Chalkboard Eraser 4.33$ 2.79$ 31AD27 Hand Tools Utility Knife,Retractable,6"2.78$ 0.94$ 31DK30 Cleaning Trash Bag,16 gal.,Clear,PK500 41.11$ 16.92$ 31DK31 Cleaning Trash Bag,10 gal.,Clear,PK1000 54.20$ 38.14$ 31DK34 Cleaning Trash Bag,33 gal.,Clear,PK250 56.66$ 42.49$ 31DK43 Cleaning Trash Bag,40 to 45 gal.,Clear,PK100 65.31$ 19.62$ 31DK45 Cleaning Recycled Trash Bag,60 gal.,Clear,PK100 88.01$ 40.07$ 31DK46 Cleaning Trash Bag,40 to 45 gal.,Clear,PK100 86.02$ 27.58$ 31DK50 Cleaning Trash Bag,40 to 45 gal.,White,PK100 54.40$ 42.49$ 31DK53 Cleaning Recycled Trash Bag,16 gal,Black,PK250 63.81$ 16.93$ 31DK56 Cleaning Trash Bag,40 to 45 gal.,Black,PK125 97.20$ 25.49$ 31DK58 Cleaning Recycled Trash Bags,60 gal,Black,PK100 73.74$ 24.39$ 31DK59 Cleaning Recycled Trash Bags,40to45gal.,Blk,PK100 104.42$ 27.15$ 31DK60 Cleaning Recycled Trash Bag,56 gal.,Black,PK100 86.45$ 30.61$ 31DK61 Cleaning Recycled Trash Bag,55 gal.,Black,PK50 60.63$ 15.45$ 31DK62 Cleaning Recycled Trash Bag,60 gal.,Black,PK50 56.52$ 16.56$ 31DK65 Cleaning Trash Bag,16 gal.,Black,PK500 46.14$ 17.85$ 31DK75 Cleaning Trash Bag,40 to 45 gal.,Black,PK100 59.84$ 16.87$ 31DK77 Cleaning Trash Bag,50 gal.,Black,PK100 93.95$ 70.46$ 31DK84 Cleaning Recycled Trash Bag,60 gal.,Black,PK100 80.12$ 22.09$ 31JJ54 Fasteners Drll Scrw,Hex,Zp,#10,Zinc,1"L,PK100 6.71$ 6.49$ 31KY17 Cleaning Toilet Paper Roll,Continuous,White,PK12 96.44$ 35.77$ 31TW73 Cleaning Toilet Paper Roll,500,White,PK96 143.76$ 67.11$ 32WU24 Lighting Ext Sgn,Plst,Wht,11 39/64in,1.5W 49.43$ 21.80$ 32ZN12 Lighting Handheld Flashlight,Plastic,Yellow,35lm 7.25$ 2.84$ 32ZP56 Power Transmission Sleeve Coupling Insert,5JE,EPDM Rubber 28.58$ 19.51$ 32ZP58 Power Transmission Sleeve Coupling Insert,7JE,EPDM Rubber 60.88$ 24.22$ 34F931 Cleaning Whisk Broom,10 in Handle L,8 in Face 11.95$ 2.67$ 35GJ99 Power Tools Battery,5.0 Ah,Li-Ion 209.05$ 171.28$ 35UX86 Safety Granular Clay Floor Absorbent,40 lb.,Bag 16.29$ 11.72$ 35XE92 Cleaning Filter Bag,Paper,Intercept Micro,PK10 24.75$ 16.19$ 35Z912 Cleaning Multi-Surface Cleaner,1.5L,Hose End,PK2 142.60$ 102.05$ 35ZU66 Cleaning Utility Container,32 gal.,Gray 73.34$ 32.50$ 36ED18 Paint, Equipment and Supplies Self-Adhesive Containment Film,3.94 ft.W 14.74$ 9.60$ 36J128 Electrical Cable Tie,3.9 in,Black,PK100 5.11$ 0.48$ 36J149 Electrical Cable Tie,7.9 in,Natural,PK100 10.74$ 1.59$ 36J150 Electrical Cable Tie,7.9 in,Black,PK100 11.71$ 1.65$ 36J154 Electrical Cable Tie,11.8 in,Black,PK100 22.75$ 2.86$ 36J157 Electrical Cable Tie,14.6 in,Ntrl,PK100 24.00$ 2.97$ 36J158 Electrical Cable Tie,14.5 in,Black,PK100 13.99$ 3.98$ 36J162 Electrical Cable Tie,7.9 in,Black,PK100 20.13$ 4.24$ Facility MRO Sourcewell RFP #091422 Grainger Hot List - US 8 Prices are subject to change in accordance with contract terms and conditions. Product offered is subject to change based on availability. WWG SKU Segment Product Description US CRP Price US Contract Price 36J164 Electrical Cable Tie,11.8 in,Black,PK100 16.34$ 5.13$ 36J166 Electrical Cable Tie,14.9 in,Blk,PK100 43.13$ 5.76$ 36J168 Electrical Cable Tie,17.7 in,Black,PK50 16.84$ 5.60$ 36J177 Electrical Cable Tie,35.4 in,PK50 35.42$ 25.10$ 36J204 Electrical Cable Tie,Releasable,11.9 in,Black,PK500 71.25$ 45.02$ 36J206 Electrical Cable Tie,3.9 in,Red,PK100 2.07$ 1.72$ 36LF71 Safety Alcohol Pads,Antiseptics,PK200 11.41$ 5.13$ 36N054 Safety Personal Eye Wash Bottle,1 oz.2.81$ 1.38$ 36N563 Power Tools Universal Short Yellow Trim Fuel Cell 21.24$ 17.23$ 36P445 Cleaning Cleaner/Disinfectant,Citrus,32oz,PK12 178.26$ 72.97$ 36WG47 Outdoor Equipment Insect Repellent,6 oz.,Aerosol 13.26$ 6.62$ 36WG58 Outdoor Equipment Grass and Weed Killer,1.33 gal.33.33$ 26.87$ 36XX43 Cleaning Glass Clnr,Trig Spray Btl,32oz,Lavender 9.41$ 3.13$ 38C403 Cleaning Paper Towel Sheets,Brown,250,PK16 74.59$ 33.78$ 38C404 Cleaning Paper Towel Sheets,White,250,PK16 72.66$ 42.35$ 38C405 Cleaning Toilet Paper Roll,500,White,PK48 79.37$ 40.58$ 38EL33 Paint, Equipment and Supplies Temporary Marking Paint,20 oz,Green,Can 11.58$ 6.11$ 38EL42 Paint, Equipment and Supplies Marking Paint,20 oz,Fluorescent Pink 11.58$ 6.11$ 38EL45 Paint, Equipment and Supplies Marking Paint,20 oz,Fluorescent Green 11.58$ 6.11$ 38UX48 Paint, Equipment and Supplies Paint Brush,2",Chip,China Hair,1 11/16"L 1.51$ 0.63$ 38W365 Electronics, Appliances, and Batteries Battery,Alkaline,AA,Everyday,PK24 17.37$ 7.88$ 38W366 Electronics, Appliances, and Batteries Battery,Alkaline,AAA,Everyday,PK24 16.76$ 7.58$ 38W367 Electronics, Appliances, and Batteries Battery,Alkaline,C,Everyday,PK12 15.43$ 9.37$ 38W368 Electronics, Appliances, and Batteries Battery,Alkaline,D,Everyday,PK12 26.60$ 16.33$ 38W369 Electronics, Appliances, and Batteries Battery,Alkaline,9V,Everyday,PK12 32.33$ 15.15$ 38WF39 Hand Tools Combo Wrench St,Steel,Polish,Stnrd, Ofst 84.86$ 63.67$ 38X643 Cleaning Paper Towel Roll,Continuous,White,PK6 96.49$ 46.02$ 38X644 Cleaning Paper Towel Roll,Continuous,Brown,PK12 94.17$ 29.34$ 38XJ03 Power Tools Battery,5.0 Ah, Li-Ion,18VDC,PK2 331.85$ 234.09$ 39EA22 Electrical Recept,Gray,20 A,GFCI,2P3W,Bk;Sd,1PK 44.12$ 21.02$ 39EA23 Electrical Recept,Ivory,20 A,GFCI,2P3W,Bk;Sd,1PK 47.78$ 15.10$ 39EA26 Electrical Recept,Wht,20 A,GFCI,2P3W,Back; Side,1PK 42.77$ 14.93$ 39G076 Electronics, Appliances, and Batteries Battery,Alkaline,AA,Premium,PK36 50.02$ 23.82$ 39M982 Cleaning Dry Wipe Roll,9" x 15",White 26.75$ 11.85$ 39R408 Fleet and Vehicle Maintenance Car Wash Brush,10" L,Yellow 23.56$ 18.53$ 39UE92 Power Tools Battery Adapter,20.0V,Li-Ion 65.71$ 50.57$ 39UE95 Power Tools Battery Pack, Charger,(2) 2.0 Ah,Li-Ion 240.02$ 196.94$ 3A182 Safety Half Mask Respirator,Silicone,Black 51.94$ 24.99$ 3A186 Adhesives, Sealants and Tape Elec Tape,66 ft Lx3/4 in W,7 mil,Brown 13.42$ 7.34$ 3A338 Fleet and Vehicle Maintenance Car Wash Brush,10" L,White 34.89$ 5.02$ 3A349 Cleaning Toilet Brush,20 in L,Natural 5.93$ 1.73$ 3AB55 Adhesives, Sealants and Tape Thread Sealant Tape,1/2" W,White 1.23$ 0.40$ 3AM69 Safety Sports Drink Mix,Riptide Rush 11.18$ 3.72$ 3AP83 Safety Sports Drink Mix,Fruit Punch 11.18$ 3.72$ 3APT5 Lighting HPS Bulb,ED18,E39,28,000 lm,250W 25.86$ 13.65$ 3ARC4 Hand Tools Pipe Cutter,PVC, CPVC, PEX, Polyethylene 153.40$ 96.93$ 3ARD8 Safety Double Eye Wash Station 32 oz.79.56$ 44.44$ 3ARE1 Safety Replacement Eye Wash Bottle,32 oz.22.02$ 10.67$ 3BU13 Paint, Equipment and Supplies Athletic Field Striping Paint,20oz,White 14.77$ 5.47$ 3CA64 Lighting Linear FLUOR Bulb,T8,47-3/4" L,G13,4100K 9.01$ 3.31$ Facility MRO Sourcewell RFP #091422 Grainger Hot List - US 9 Prices are subject to change in accordance with contract terms and conditions. Product offered is subject to change based on availability. WWG SKU Segment Product Description US CRP Price US Contract Price 3D671 Lighting Lamp Holder,for Medium Bi-Pin T8 or T12 6.80$ 3.25$ 3EA98 Electrical Extension Cord,25ft,16Ga,13A,SJTW,Orange 18.22$ 8.67$ 3EA99 Electrical Ltd Ext Crd,25ft,14Ga,15A,SJTW,Org/Blk 29.63$ 10.38$ 3EAU4 Safety Banded Ear Plugs,Bell,25dB 12.23$ 7.00$ 3EB46 Cleaning Paper Towel Roll,Continuous,White,PK6 168.55$ 75.02$ 3EED2 Lubrication 10 wt oz.,Aerosol,Dry Lubricant 25.07$ 10.50$ 3EED4 Lubrication 13 wt oz.,Aerosol,Penetrant 18.60$ 7.74$ 3EED7 Lubrication 10 wt oz.,Aerosol,Dry Lubricant 16.48$ 7.15$ 3EEF3 Cleaning Urinal Screen,Round,Green,52 g,PK10 43.47$ 16.92$ 3EHR1 Adhesives, Sealants and Tape Instant Adhesive,0.07 fl oz,Tube,PK3 3.18$ 2.48$ 3FRD1 Hand Tools 2-Point Utility Blade,3/4" W, PK100 23.40$ 17.49$ 3HEF1 Fasteners Std,Znc,3/8"-16,9/16x21/64",Gr5,PK100 10.61$ 3.44$ 3HHH4 Lighting FLUOR Ballast,Electronic,Instant,32W 26.71$ 12.96$ 3HKC3 Cleaning Duster,7 in W 64.76$ 35.14$ 3JFU2 Electronics, Appliances, and Batteries Lantern Battery,Carbon Zinc,6VDC,Spring 7.31$ 2.68$ 3JG99 Cleaning Paper Towel Sheets,White,120,PK12 89.63$ 38.79$ 3JJ79 Lighting Linear FLUOR Bulb,T8,48" L,G13,6500K 5.51$ 2.62$ 3JUF3 Safety Dust Goggles,Antfg,Clr 11.13$ 7.94$ 3K771 Motors Motor,1/4 HP,1725 rpm,48,115V 212.85$ 72.89$ 3KKF6 Electronics, Appliances, and Batteries Button Battery,Alkaline,1.5VDC,LR44,PK4 7.31$ 2.43$ 3L180 Power Transmission V-Belt,3L180,18in 7.02$ 1.42$ 3L190 Power Transmission V-Belt,3L190,19in 7.17$ 1.57$ 3L200 Power Transmission V-Belt,3L200,20in 7.51$ 1.50$ 3L210 Power Transmission V-Belt,3L210,21in 7.28$ 1.50$ 3L220 Power Transmission V-Belt,3L220,22in 6.82$ 1.42$ 3LFP9 Cleaning TriggrSprayBottle,24oz,12 1/2"H,Whte,PK3 10.94$ 3.39$ 3LMN7 Outdoor Equipment Glue Trap,10-1/4 In. L,5-7/32 In. W,PK2 7.43$ 3.18$ 3LPG2 Safety Instant Cold Pack,White,6In. x 4In.1.68$ 0.64$ 3NKR5 Safety Type I Safety Can,5 gal,Red 86.65$ 40.82$ 3NKT9 Safety Type II Safety Can,5 gal.,Red 175.51$ 74.88$ 3NVD9 Outdoor Equipment Water Nozzle,Hot/Cold,3/4 In.15.33$ 8.43$ 3PB81 Hand Tools Wire Stripper,18 to 10 AWG,7-1/8 In 30.75$ 17.64$ 3PXX6 Safety Label Cartridge,Black/White,3/4 In. W 55.12$ 29.89$ 3RCY6 Adhesives, Sealants and Tape Hybrid Sealant,Clear,SB-190 18.28$ 6.73$ 3T976 Security Keyed Padlock, 3/4 in,Rectangle,Silver 19.34$ 10.41$ 3U074 Cleaning Stripping Pad,20 In,Black,PK5 91.75$ 55.56$ 3U094 Cleaning Buffing and Cleaning Pad,20 In,Red,PK5 76.08$ 53.98$ 3U163 Cleaning Sponge,6 in L,Yellow 5.20$ 1.79$ 3U446 Hand Tools Scraper,Stiff,4",Carbon Steel 41.05$ 15.34$ 3U560 Cleaning Glass Cleaner,Jug,1 gal.24.45$ 12.26$ 3U585 Cleaning Cloth Rag,Reclaimed,Size Varies 83.96$ 57.73$ 3U592 Cleaning Spray Bottle,24 oz,8 1/2"H,White 2.89$ 0.52$ 3U593 Cleaning Spray Bottle,32 oz,9 3/4"H,White 3.08$ 0.56$ 3U594 Cleaning Trigger Sprayer,24 oz; 32 oz,12 1/4"H 2.54$ 0.48$ 3U822 Cleaning Tampon,Cotton,PK500 162.91$ 107.43$ 3U824 Cleaning Sanitary Napkin Bags,10" x 9",PK250 42.67$ 11.24$ 3U870 Cleaning Trash Bags,20 to 30 gal.,Clear,PK500 55.12$ 24.84$ 3UP49 Cleaning Trash Grabber,Steel,38" L 69.91$ 20.54$ 3UW50 Paint, Equipment and Supplies Paint Roller Frame,9" Roll L,15" L 15.75$ 5.65$ 3VK11 Lighting Linear FLUOR Bulb,T8,48" L,G13,5000K 5.85$ 2.51$ Facility MRO Sourcewell RFP #091422 Grainger Hot List - US 10 Prices are subject to change in accordance with contract terms and conditions. Product offered is subject to change based on availability. WWG SKU Segment Product Description US CRP Price US Contract Price 3VU33 HVAC and Refrigeration Prtbl Elct Job/Garage Heatr,120V 165.51$ 34.71$ 3WA11 Electronics, Appliances, and Batteries Battery,Alkaline,AA,Premium,PK4 7.23$ 5.60$ 3WU72 Cleaning Soap Dispenser,1250mL,Dove Gray 40.98$ 27.29$ 3WU88 Cleaning Disinfectant Spray,Original,19 oz,PK12 196.46$ 90.52$ 3X472 Power Transmission V-Belt,A48,50in 14.24$ 3.00$ 3X474 Power Transmission V-Belt,B48,51in 22.31$ 4.17$ 3X545 Power Transmission V-Belt,A38,40in 12.08$ 2.49$ 3X546 Power Transmission V-Belt,A50,52in 14.58$ 12.75$ 3X640 Power Transmission V-Belt,B66,69in 26.84$ 5.66$ 3X641 Power Transmission V-Belt,B68,71in 26.13$ 6.20$ 3X643 Power Transmission V-Belt,B75,78in 27.56$ 6.84$ 3X697 Power Transmission V-Belt,A26,28in 8.54$ 1.76$ 3YB70 Cleaning Dishwasher Detergent,Bucket,10 lb,Powder 42.11$ 22.44$ 3YU82 Outdoor Equipment Round Point Shovel,48 In.Handle,14 ga.57.75$ 17.48$ 3YU83 Outdoor Equipment Square Point Shovel,47-1/2 In. Handle 36.45$ 14.13$ 3YWN1 Safety Fire Extinguisher,Steel,Red,ABC 60.07$ 41.59$ 3ZC45 Safety Beverage Cooler,Hard Sided,3.0 gal.67.83$ 33.09$ 3ZJH6 Cleaning Vacuum Bag,Paper,3-Ply,Reusable,PK10 23.06$ 18.54$ 3ZL49 Safety Leather Gloves,Beige,XL 10.16$ 2.71$ 3ZL50 Safety Leather Gloves,Beige,L 10.16$ 2.54$ 3ZL51 Safety Leather Gloves,Beige,M 10.16$ 2.68$ 3ZL53 Safety Leather Gloves,Gray,L,PR 4.72$ 1.35$ 3ZL57 Safety Jersey Gloves,Brown,L,PR 1.48$ 0.50$ 402W24 Cleaning Scrubbing Pad,Green,Size 20",Round,PK5 66.94$ 31.59$ 406T68 Lighting Linear LED Bulb,T8,47-3/4" L,G13,4000K 15.34$ 7.86$ 40CK59 Security Belt Barrier,10 ft.,Black,Sloped,PK2 195.16$ 94.14$ 40JK99 Hardware Lever Door Holder,Clear Aluminum 7.53$ 3.48$ 40JL03 Hardware Lever Door Holder,Clear Aluminum,5" H 9.53$ 4.41$ 40L969 Fasteners Conical Anchor Kit,#10-12,PK100 2.53$ 8.16$ 40L972 Fasteners Conical Anchor Kit,#14,PK50 3.16$ 10.64$ 40NE60 Cleaning Dish Soap,Bottle,28 oz,Orange,Liquid,PK9 62.49$ 22.26$ 40TC84 HVAC and Refrigeration Coil Cleaner,18 Oz 19.01$ 10.80$ 40XA77 Lighting Headlamp,Plastic,Red,300lm 29.37$ 13.16$ 41C264 Cleaning Glass Clnr,Aero Spray Can,20 oz,PK12 86.13$ 27.57$ 41H893 Cleaning Germicidal Bleach,Unscented,121 oz,PK3 53.96$ 25.75$ 423H83 Outdoor Equipment Water Hose,5/8"I.D.50 ft.,Rubber 58.03$ 28.36$ 423H85 Outdoor Equipment Water Hose,3/4"I.D.50 ft.,Rubber 100.80$ 42.89$ 449W33 Cleaning Hand Cleaner,BLU,1 gal,Lemon,PK4 222.54$ 150.10$ 44R239 Cleaning Contact Clnr,Spray Can,11 oz,Specialist 15.13$ 8.08$ 44ZU20 Paint, Equipment and Supplies Cleanup Solvent,1 qt Can, Solvent Base 15.66$ 6.65$ 451A37 Cleaning Concrete FloorCleaner,Powder,40lb,Bucket 216.26$ 110.30$ 45EJ83 Electronics, Appliances, and Batteries Coin Battery,Lithium,3VDC,2032,PK4 10.95$ 3.39$ 45EK15 Electronics, Appliances, and Batteries Coin Battery,Lithium,3VDC,2032 2.95$ 1.08$ 45J373 Fleet and Vehicle Maintenance 2-Cycle Engine Oil,Synth Blnd,26oz,PK6 17.62$ 8.85$ 45L189 Lubrication Cordless Grease Gun,Bare,2 CT Kit,18 V 312.65$ 260.57$ 45VK43 Safety Mechanics Gloves,M/8,9",PR 13.68$ 5.70$ 45VK44 Safety Mechanics Gloves,L/9,9",PR 13.68$ 5.68$ 45VK45 Safety Mechanics Gloves,XL/10,9",PR 13.68$ 5.70$ 45VK46 Safety Mechanics Gloves,2XL/11,9",PR 13.68$ 5.69$ 45VL10 Safety Mechanics Gloves,L/9,9",PR 26.35$ 10.35$ Facility MRO Sourcewell RFP #091422 Grainger Hot List - US 11 Prices are subject to change in accordance with contract terms and conditions. Product offered is subject to change based on availability. WWG SKU Segment Product Description US CRP Price US Contract Price 45VL11 Safety Mechanics Gloves,XL/10,9",PR 26.35$ 10.47$ 467W18 Lighting Linear LED Bulb,T8,48" L,G13,3500K 13.85$ 8.07$ 46E781 Cleaning Degreaser,Citrus,32 oz,Spray Bottle,PK12 114.04$ 75.03$ 46N341 Test Instruments Multimeter and Clamp Meter Kit 441.51$ 344.53$ 46T222 Lighting Emrg Lght,Plst,Nick Cadm,1W,LED 58.66$ 22.98$ 46T342 Fleet and Vehicle Maintenance Small Engine Fuel, 4 Cycle,1 qt.,PK8 104.60$ 74.21$ 480G30 Safety Strip Bandages,Beige,Fabric,3" L,PK100 8.59$ 6.70$ 484P99 Lighting Industrial Flashlight,Alum,Black,250lm 68.08$ 50.03$ 487F15 Safety Loose Absorbent,Montmorillonite Clay 20.69$ 15.36$ 48HN72 Fleet and Vehicle Maintenance Car Wash,100 oz.,Green,Concentrated 13.31$ 6.54$ 48J068 Material Handling General Purpose Dolly,30x18,Carpeted 57.60$ 42.23$ 48RH22 Fleet and Vehicle Maintenance Diesel Exhaust Fluid DEF,Jug,2.5 gal 23.33$ 11.16$ 48RH39 Test Instruments Clamp Meter,Digital,LCD,800 Hz,TRMS 424.88$ 311.04$ 48WG61 Material Handling Shelf Bin,Blue,Indstr Grd Poly,4 in 3.24$ 1.13$ 48WJ99 Outdoor Equipment Insect Repellent,Aerosol,6.5 oz.13.05$ 5.78$ 48WK15 Adhesives, Sealants and Tape Spray Foam Sealant,Cream,12 oz 20.31$ 11.94$ 492X54 Lighting Fluorescent,32 W,T8,Medium Bi-Pin (G13)4.96$ 3.04$ 49EN35 Material Handling Pail,Polyethylene,Natural,Open Head 12.27$ 7.50$ 49EN48 Material Handling Pail,Polyethylene,White,Open Head 10.13$ 6.42$ 49EN50 Material Handling Pail,Polyethylene,White,Open Head 7.22$ 3.12$ 49NW14 Cleaning Degreaser,Unscented,1qt,TrgrSpray Bottle 8.75$ 4.71$ 49XK97 Safety Floor Safety Sign,Yellow,24 5/8 in H 43.79$ 16.70$ 49XX75 Lighting Handheld Flashlight,Aluminum,Black,750lm 42.88$ 24.47$ 49XX92 Lighting Handheld Flashlight,Alum,Black,1041lm 103.26$ 59.03$ 4A250 Electrical Strt Plg,Blk; Wht,15 A,Stnd,5-15P 25.98$ 8.86$ 4A255 Electrical Strt Plg,Blk; Wht,20 A,Stnd,5-20P 33.06$ 27.17$ 4A256 Electrical Strt Bld Cnr,Blk; Wht,2P3W,Elstmr,5-20R 63.00$ 26.05$ 4A416 Security Barricade Tape,Yellow/Black,1000ft x 3In 16.62$ 4.78$ 4A803 Hand Tools Utility Knife,6 In.,Gray 6.88$ 3.07$ 4A807 Hand Tools Razor Blade,1-1/2" W, PK100 10.67$ 2.35$ 4A843 Hand Tools Hollow Shank Nut Driver Set 86.57$ 71.10$ 4A854 Hand Tools Wire Stripper,18 to 10 AWG,6-1/4 In 25.71$ 20.21$ 4ACU1 Cleaning Paper Towel Roll,800,Brown,PK6 157.26$ 74.79$ 4AG52 Safety Hooded Coveralls,White,3XL,Elastic,PK25 374.57$ 174.15$ 4AK88 Fasteners ConcScrw,HexWashr,S,1/4"D,2-1/4"L,PK100 50.21$ 16.46$ 4AZJ6 Office Supplies Dry Erase Board Cleaner,22 oz 17.06$ 7.64$ 4C631 HVAC and Refrigeration Wall Mount Fan,3 Speeds,16" Blade Dia.103.93$ 45.66$ 4CJ75 Cleaning Paper Towel Sheets,Brown,250,PK16 77.52$ 28.76$ 4CR41 Hand Tools Tongue and Groove Plier,12" L 27.26$ 16.07$ 4CY98 Lighting Bulb Recycling Kit,48" L x 12" W x 12" D 187.37$ 82.16$ 4DKZ6 Fleet and Vehicle Maintenance Brake Parts Cleaner, 20 oz. Aerosol 10.53$ 3.59$ 4E636 HVAC and Refrigeration Mech Tstat,Heat or Cool,Plastic,110/40F 59.14$ 39.07$ 4ECN3 Cleaning Paper Towel Roll,800,White,PK6 100.94$ 47.83$ 4EEY1 Plumbing Shower Curtain,72 in L,42 in W,White 22.14$ 9.57$ 4EY97 Safety Safety Glasses,Clear,Uncoated 1.97$ 0.53$ 4EZC2 Safety Ratchet Faceshield Assembly, Clear 45.00$ 10.62$ 4F963 Machining Cutting Oil,16 oz,Squeeze Bottle 19.17$ 8.60$ 4FB39 Plumbing Cleaner Cartridge,Sloan 87.34$ 51.46$ 4FCA9 Fasteners Std,Stl,Znc,1/4"-20,7/16x7/32",Gr5,PK100 5.85$ 1.83$ 4FMC7 Test Instruments Pressure Gauge,Test,2 In 10.91$ 2.67$ Facility MRO Sourcewell RFP #091422 Grainger Hot List - US 12 Prices are subject to change in accordance with contract terms and conditions. Product offered is subject to change based on availability. WWG SKU Segment Product Description US CRP Price US Contract Price 4FRE6 Electrical SpliceCon,Crimp,Yellow,PK25 22.59$ 6.75$ 4FRE7 Electrical SpliceCon,Crimp,Blue,PK25 33.58$ 4.37$ 4FRE8 Electrical SpliceCon,Crimp,Red,PK25 27.94$ 4.73$ 4FRH9 Electrical SpliceCon,Crimp,Vinyl,Red,PK100 32.13$ 15.05$ 4FZZ7 Electrical Ltd Ext Crd,50ft,10Ga,20A,SJTOW,Yel 161.40$ 54.31$ 4GAC1 Electrical Ltd Ext Crd,50ft,12Ga,15A,SJTOW,Yel 88.11$ 34.48$ 4GC51 Safety Disposable Gloves,Nitrile,XL,PK100 26.44$ 16.53$ 4GZK6 Adhesives, Sealants and Tape Instant Adhesive,0.53 fl oz,Bottle 8.78$ 6.84$ 4HFE7 Paint, Equipment and Supplies Ceiling Sealing Paint,13 Oz 14.65$ 6.60$ 4HK60 Outdoor Equipment Wasp and Hornet Killer,14 oz.13.82$ 5.69$ 4HN95 Cleaning Quat Disinfectant Cleaner,2L,Bottle 107.47$ 58.17$ 4HP38 Cleaning White Cloth Rag,Terry,14" x17",PK12 16.08$ 4.52$ 4HY85 Lighting U-Bend FLUOR Bulb,T8,G13,3500K,32W 22.92$ 11.84$ 4HY86 Lighting U-Bend FLUOR Bulb,T8,G13,4100K,32W 18.34$ 10.78$ 4JB47 Outdoor Equipment Wasp and Hornet Killer,Aerosol,14 oz.15.28$ 4.83$ 4JB54 Cleaning Heavy Duty Degreaser,Citrus,20oz,Aerosol 19.23$ 9.56$ 4JG16 Safety Combination Cartridge/Filter,Bayonet,PK2 52.46$ 29.58$ 4JG27 Safety Filter,Magenta,Bayonet,PK2 14.76$ 8.00$ 4JG43 Hardware Door WedgeNo Slip,Gray,4-3/4 In.L,PK2 9.72$ 3.49$ 4JG44 Hardware Door Stop Wedge XL,Ylw,6-3/4" L,PK2 9.31$ 3.71$ 4JG64 Hardware Double Point Hook 2.69$ 0.80$ 4JG85 Hardware Door Silencer,PK10 3.36$ 1.18$ 4JH02 Hardware Handrail Bracket,Aluminum,3 In H 10.99$ 10.33$ 4JMZ4 Cleaning Compostable Trash Bag,30 gal.,Brown,PK5 7.45$ 2.83$ 4KG68 Outdoor Equipment Garden Hose Repair Fitting,Brass 3/4" NH 12.58$ 4.68$ 4KM46 Lubrication Gen Purp Anti-Seize,8 oz.,BrshTp Cn 31.17$ 16.47$ 4KN28 Cleaning Trash Bags,7 to 10 gal.,Clear,PK1000 40.39$ 15.22$ 4KN29 Cleaning Trash Bags,12 to 16 gal.,Clear,PK1000 67.67$ 20.86$ 4KN32 Cleaning Trash Bags,33 gal.,Clear,PK250 37.38$ 16.29$ 4KN33 Cleaning Trash Bags,33 gal.,Clear,PK250 59.88$ 19.98$ 4KN36 Cleaning Trash Bags,60 gal.,Clear,PK200 71.93$ 30.87$ 4KN40 Cleaning Trash Bags,40 to 45 gal.,Clear,PK250 72.75$ 36.49$ 4KN42 Cleaning Trash Bags,56 gal.,Clear,PK200 79.72$ 25.12$ 4L190 Power Transmission V-Belt,4L190,19in 7.09$ 1.52$ 4L210 Power Transmission V-Belt,4L210,21in 6.57$ 1.59$ 4L220 Power Transmission V-Belt,4L220,22in 6.76$ 1.55$ 4L230 Power Transmission V-Belt,4L230,23in 6.99$ 1.55$ 4L240 Power Transmission V-Belt,4L240,24in 6.82$ 1.57$ 4L260 Power Transmission V-Belt,4L260,26in 7.42$ 1.60$ 4L270 Power Transmission V-Belt,4L270,27in 6.41$ 1.59$ 4L280 Power Transmission V-Belt,4L280,28in 6.67$ 1.59$ 4LN05 Safety Combination Cartridge/Filter,Bayonet,PK2 67.01$ 37.12$ 4LN95 Safety Hard Hat,Type 1, Class E,Ratchet,White 27.92$ 12.70$ 4LN96 Safety Hard Hat,Type 1, Class E,Ratchet,White 36.96$ 17.23$ 4LRF8 Lubrication 11 oz.,Aerosol,Penetrant 9.68$ 4.90$ 4LVH6 Outdoor Equipment Chain Link Ties,Aluminum,8-1/4 InH,PK100 23.56$ 23.14$ 4LW51 Plumbing Diaphragm Assembly,Manual,Toilets,1.6GPF 39.05$ 14.91$ 4LZP1 Test Instruments Industrial Thermometer,30 to 240 F 66.34$ 65.62$ 4NE96 Welding Torch,Brazing 84.36$ 42.34$ 4P018 Pumps Hand Drum Pump,Piston,160 oz. per stroke 75.74$ 36.54$ Facility MRO Sourcewell RFP #091422 Grainger Hot List - US 13 Prices are subject to change in accordance with contract terms and conditions. Product offered is subject to change based on availability. WWG SKU Segment Product Description US CRP Price US Contract Price 4PGN5 Cleaning Wastebasket,Rectangular,7 gal.,Black 13.61$ 4.43$ 4PL14 Lighting Linear FLUOR Bulb,T8,48" L,G13,3000K 5.23$ 2.32$ 4PL15 Lighting Linear FLUOR Bulb,T8,48" L,G13,3500K 5.44$ 2.23$ 4PL16 Lighting Linear FLUOR Bulb,T8,48" L,G13,4100K 5.83$ 3.13$ 4PRX1 Lighting FLUOR Ballast,Electronic,Instant,113W 24.07$ 18.53$ 4T550 Safety Half Mask Respirator,Silicone,Black 51.94$ 23.62$ 4TE15 Cleaning Paper Towel Dispenser,(1) Roll,Black 67.49$ 29.54$ 4TE16 Cleaning Toilet Paper Roll,1210,White,PK80 163.57$ 83.97$ 4TE17 Cleaning Toilet Paper Roll,550,White,PK80 130.97$ 58.10$ 4TH42 Cleaning Toilet Paper Roll,1000,White,PK36 159.54$ 69.54$ 4TH60 Cleaning Paper Towel Sheets,White,220,PK10 120.39$ 52.49$ 4THJ7 Plumbing Spud,American Standard 24.63$ 14.85$ 4TJ76 Material Handling Hang and Stack Bin,Blue,Plastic,5 in 16.34$ 7.17$ 4UG98 Adhesives, Sealants and Tape Silicone Sealant,Clear,All Purpose 13.46$ 5.48$ 4UJ42 Lubrication ThermaPlex(R)Multi-Purpose,Grease 21.05$ 12.75$ 4VC26 Lighting Plug-In CFL Bulb,3500K,40W,20,000 hr 18.83$ 8.21$ 4VC27 Lighting Plug-In CFL Bulb,4100K,40W,20,000 hr 20.89$ 8.55$ 4WK26 Cleaning Floor Cleaner,Liquid,2L,Bottle 161.02$ 72.49$ 4X072 Outdoor Equipment Garden Hose Adapter,3/4"x3/4",NPTxNH 4.78$ 1.70$ 4X227 Adhesives, Sealants and Tape Thread Sealant Tape,1/2" W,White 2.98$ 1.23$ 4X543 Adhesives, Sealants and Tape Thread Sealant Tape,1/2" W,White 4.14$ 1.66$ 4XP67 Electrical Cord Reel,30ft,14 AWG,Connector,120VAC 106.06$ 74.98$ 4YJ48 Cleaning Long Handled Dust Pan with Wheels,Black 44.74$ 12.35$ 4YKT2 Adhesives, Sealants and Tape Epoxy Adhesive,Syringe,1:1 Mix Ratio 10.33$ 7.17$ 4YP28 Hand Tools Painters Tool,Stiff,3",Carbon Steel 15.45$ 7.86$ 4ZF09 Lubrication White Lithium Grease,10 oz 21.79$ 9.59$ 4ZF21 Pneumatics Non-Detergent Compressor Oil,1 qt,Bottle 15.66$ 7.21$ 4ZF49 Lubrication Mobilith SHC 100,Synthetic Grease,13.4oz 22.24$ 8.10$ 4ZR10 Abrasives Sanding Hand Pad, 6in W, 9in L,Very Fine 2.72$ 1.36$ 4ZR34 Abrasives Surface-Conditioning Disc,2 in Dia,TR 2.53$ 1.19$ 4ZZ35 Lighting CFL Ballast,Programmed Start,26W 41.89$ 25.22$ 52DC85 Outdoor Equipment Spray Gun,43.75",8.0 gpm,4500 psi 77.47$ 61.96$ 52JM50 Fleet and Vehicle Maintenance Protectant,Trigger Spray,28 oz.24.86$ 13.47$ 52NA72 Power Tools Battery Pack,(2) 6.0 Ah,Li-Ion,PK2 400.57$ 269.85$ 52NY26 Electrical Ltd Ext Crd,25ft,12Ga,15A,SJTW,Yel 41.29$ 30.82$ 52NY42 Electrical Surge Protector Outlet Strip,Beige 36.01$ 10.20$ 52RW12 Safety Disposable Glv,Neoprene/Nitrile,M,PK50 30.23$ 16.93$ 52RW13 Safety Disposable Glv,Neoprene/Nitrile,L,PK50 30.23$ 16.93$ 53JU93 Cleaning Hand Soap,Yellow,1,200 mL,,PK2 108.65$ 66.76$ 53VA60 Adhesives, Sealants and Tape ConstructionAdhesive,10.1fl oz,Cartridge 17.48$ 7.20$ 5A052 Electrical Electrical Box,Square,4x4x2,30.3 cu. in.7.16$ 4.12$ 5A463 Adhesives, Sealants and Tape Silicone Sealant,Clear,Window,Door 16.69$ 7.04$ 5A466 Adhesives, Sealants and Tape Silicone Caulk,White,Alex Plus 5.61$ 1.91$ 5AE19 Lighting Linear FLUOR Bulb,T5,45-1/4" L,G5,3500K 14.01$ 5.46$ 5AE20 Lighting Linear FLUOR Bulb,T5,45-1/4" L,G5,4100K 12.92$ 4.54$ 5AE35 Lighting Linear FLUOR Bulb,T5,45-1/4" L,G5,4100K 7.93$ 4.84$ 5AJ37 Safety Leather Gloves,Gray,XL,PR 4.72$ 1.33$ 5AK44 Safety Type II Safety Can,Red,17-1/2 In.,5 gal.169.11$ 76.95$ 5AK79 Safety Hooded Coveralls,White,2XL,Elastic,PK25 360.95$ 164.97$ 5AN66 Safety Hooded Coveralls,White,XL,Elastic,PK25 328.18$ 154.90$ Facility MRO Sourcewell RFP #091422 Grainger Hot List - US 14 Prices are subject to change in accordance with contract terms and conditions. Product offered is subject to change based on availability. WWG SKU Segment Product Description US CRP Price US Contract Price 5AU51 Cleaning Trash Bag,42 gal.,Black,PK20 32.40$ 10.05$ 5AX05 Safety Jersey Gloves,10",L,Brown 1.81$ 0.63$ 5C944 Hand Tools Utility Knife,6-3/8 In.,Gray 9.34$ 8.99$ 5C949 Hand Tools Utility Blade,2 Points,2-7/16" L,PK5 2.20$ 0.60$ 5CNZ6 Material Handling Reclosable Poly Bag,Zip Seal,PK1000 132.49$ 93.64$ 5CVP3 Paint, Equipment and Supplies Paint Roller Cover,4"L,3/8"Nap,Polyester 1.98$ 0.51$ 5DDA9 Safety Beverage Cooler,Hard Sided,5.0 gal.86.55$ 35.84$ 5DKE9 Outdoor Equipment Glue Trap,3/16"L x 7-1/2"W x 4"H 0.55$ 0.23$ 5E544 Plumbing ADA Handle,Sloan 31.91$ 16.95$ 5E545 Plumbing Handle Repair Kit,Sloan 5.84$ 3.13$ 5E546 Plumbing Vacuum Breaker Repair Kit,Sloan 5.53$ 3.21$ 5E874 HVAC and Refrigeration Pleated Air Filter,12x16x1,MERV 7 11.49$ 5.08$ 5ECA9 Hand Tools Hex Drive Socket Adapter,Square,3/8 in 5.67$ 4.76$ 5EFF2 Electronics, Appliances, and Batteries Battery,6VDC,4.5Ah,0.187" Faston 20.04$ 5.53$ 5ERE6 Cleaning Toilet Paper Roll,400,White,PK60 144.71$ 75.61$ 5FV14 Safety Ear Plugs,Uncorded,Bell,33dB,PK200 55.47$ 24.55$ 5FW85 Cleaning Sanitary Napkn Bags,10-1/4"x7-1/2",PK500 59.45$ 34.46$ 5GC52 Abrasives CutOff Whl,Gemini 4-1/2"x.045"x7/8"3.99$ 1.22$ 5GUU1 Cleaning Laundry Detergent,Jug,Tough Guy,100 oz 18.96$ 9.98$ 5GUU2 Cleaning Liquid Laundry Detergent 210 oz.,Bottle 37.65$ 16.60$ 5H896 Paint, Equipment and Supplies Spray Paint,Safety Blue,15 oz.17.28$ 6.39$ 5H898 Paint, Equipment and Supplies Spray Paint,Safety Yellow,15 oz.17.06$ 6.39$ 5H900 Paint, Equipment and Supplies Spray Paint,Safety Red,15 oz.17.06$ 6.39$ 5H901 Paint, Equipment and Supplies Spray Paint,Bright Red,15 oz.15.38$ 6.28$ 5H903 Paint, Equipment and Supplies Rust Preventative Spray Paint,Black,15oz 15.38$ 6.28$ 5HK84 Hand Tools Tape Measure,1 In x 25 ft,Yellow,In./Ft.14.92$ 6.66$ 5JC04 Office Supplies Duster,Economical,10oz 31.16$ 11.43$ 5JDW7 Safety Safety Glasses,Clear,Uncoated 2.46$ 1.90$ 5JE26 Safety Safety Glasses,Clear 5.11$ 0.85$ 5JFC7 Office Supplies Snap Hook,3 5/8 in,Brass,Gold 7.07$ 6.72$ 5JK50 Safety Knit Gloves,L,White 1.28$ 0.51$ 5LE21 Electronics, Appliances, and Batteries Battery,Alkaline,D,Everyday,PK12 22.20$ 10.06$ 5LE22 Electronics, Appliances, and Batteries Battery,Alkaline,C,Everyday,PK12 19.54$ 7.76$ 5LE23 Electronics, Appliances, and Batteries Battery,Alkaline,AA,Everyday,PK24 18.60$ 7.51$ 5LE24 Electronics, Appliances, and Batteries Battery,Alkaline,9V,Everyday,PK12 34.55$ 16.24$ 5LE25 Electronics, Appliances, and Batteries Battery,Alkaline,AAA,Everyday,PK24 18.21$ 8.45$ 5LE26 Electronics, Appliances, and Batteries Lantern Battery,Alkaline,6VDC,Spring 20.92$ 7.60$ 5LJ49 Hand Tools Tongue and Groove Plier,20-1/4" L 81.33$ 65.01$ 5LM21 Hand Tools Glass Scraper,Flexible,1-1/2",Steel 5.23$ 1.51$ 5LX17 Hand Tools Multi-Bit Screwdriver, NumBits 39 118.99$ 53.67$ 5M785 Cleaning Desk Recycling Container,Blue,7 gal.17.52$ 7.41$ 5M972 Cleaning Wet Mop,White,Cotton 10.28$ 4.76$ 5M974 Cleaning Wet Mop,White,Cotton 15.65$ 7.93$ 5MN56 Cleaning Spray Bottle,16 oz,6 7/8"H,White 4.12$ 2.81$ 5MP31 Cleaning Sanitizer Wipes,Canister,6 x 8"18.25$ 7.14$ 5NGJ4 Plumbing Ceiling Tile,24 in L,24 in W,PK16 83.65$ 52.40$ 5NPL6 Lighting U-Bend FLUOR Bulb,T8,G13,4100K,32W 17.43$ 6.27$ 5NY79 Cleaning Mop Bucket and Wringer,Yellow,8 3/4 gal 190.62$ 70.53$ 5P009 Plumbing Exposed,Manual Flush Valve,Top Spud 211.06$ 148.95$ 5P051 Plumbing Elbow,90 Deg,Wrot Copper,1/2" Tube 1.34$ 0.52$ Facility MRO Sourcewell RFP #091422 Grainger Hot List - US 15 Prices are subject to change in accordance with contract terms and conditions. Product offered is subject to change based on availability. WWG SKU Segment Product Description US CRP Price US Contract Price 5P211 Plumbing Diaphragm Assembly,Sloan 33.12$ 14.47$ 5P212 Plumbing Diaphragm Assembly,Sloan 34.29$ 14.44$ 5P213 Plumbing Relief Valve,Sloan 35.36$ 13.87$ 5PA34 Hand Tools Multi-Bit Screwdriver, NumBits 7 42.22$ 22.98$ 5REA3 Adhesives, Sealants and Tape Duct Tape,Black,2 7/8 in x 25 yd,17 mil 28.31$ 12.97$ 5RVT4 Cleaning Glass Clnr,Aero Spray Can,20 oz, Foam 5.77$ 2.75$ 5T256 Safety Hip Wader,Men's,10,Steel,Black/Yellow,PR 95.01$ 54.29$ 5T258 Safety Hip Wader,Men's,12,Steel,Black/Yellow,PR 95.01$ 54.94$ 5T259 Safety Hip Wader,Men's,13,Steel,Black/Yellow,PR 89.04$ 48.42$ 5T405 Safety Sports Drink Mix,Lemon-Lime 11.18$ 3.60$ 5T406 Safety Sports Drink Mix,Orange 11.18$ 3.72$ 5T899 Safety Fire Extinguisher,Aluminum,Red,ABC 91.61$ 43.51$ 5TP99 Safety Maintenance Absorbent,20 lb.,Pail 26.47$ 10.81$ 5U705 Paint, Equipment and Supplies Rust Preventative Spray Primer,Gray,15oz 15.52$ 7.40$ 5U708 Paint, Equipment and Supplies Rust Preventative Spray Paint,White,15oz 15.38$ 6.39$ 5UMC0 Plumbing ProPress adapter, 3/4" x 3/4"6.82$ 5.75$ 5UTH9 Material Handling Utility Cart,500 lb. Load Cap.177.61$ 86.01$ 5V658 Lighting Quartz MH Bulb,ED28,E39,36,000 lm,400W 41.41$ 22.63$ 5VD41 Safety Full Face Respirator,M/L,Thermoplastic 216.76$ 121.28$ 5VU34 Fasteners Safety Pin,2 Wire Snap 3.31$ 0.56$ 5W007 Cleaning Container Dolly,250 lb.,Fits 55 gal.92.34$ 32.34$ 5W509 HVAC and Refrigeration Pleated Air Filter,16x20x1,MERV 7 7.05$ 3.33$ 5W510 HVAC and Refrigeration Pleated Air Filter,16x25x1,MERV 7 8.18$ 3.96$ 5W511 HVAC and Refrigeration Pleated Air Filter,20x20x1,MERV 7 7.38$ 3.83$ 5W512 HVAC and Refrigeration Pleated Air Filter,20x25x1,MERV 7 9.47$ 4.78$ 5W516 HVAC and Refrigeration Pleated Air Filter,16x20x4,MERV 7 19.87$ 10.57$ 5W638 Cleaning Lobby Broom,7 1/2 in L,7 7/8 in Face 17.47$ 4.25$ 5W868 Material Handling Hang and Stack Bin,Blue,Plastic,7 in 16.35$ 7.44$ 5W970 HVAC and Refrigeration Pleated Air Filter,14x24x1,MERV 7 8.47$ 4.15$ 5W978 HVAC and Refrigeration Pleated Air Filter,16x16x2,MERV 7 12.36$ 6.63$ 5W979 HVAC and Refrigeration Pleated Air Filter,16x24x2,MERV 7 9.32$ 4.46$ 5WG01 Cleaning Trash Bags,55 gal.,Black,PK20 29.81$ 7.53$ 5WG04 Cleaning Trash Bags,11 to 13 gal.,Clear,PK50 11.51$ 3.12$ 5WG05 Cleaning Trash Bags,15 to 18 gal.,Black,PK25 8.98$ 6.74$ 5WG06 Cleaning Trash Bags,33 gal.,Black,PK25 11.78$ 4.56$ 5WG08 Cleaning Trash Bags,33 gal.,Black,PK25 15.13$ 6.16$ 5X584 Adhesives, Sealants and Tape Thread Sealant Tape,3/4" W,White 5.86$ 2.26$ 5XB54 Lubrication Mobil Polyrex EM,Motor Grease,13.7 oz.9.82$ 4.95$ 5XL46 Cleaning Trash Bags,12 to 16 gal.,Clear,PK1000 67.09$ 33.71$ 5XL50 Cleaning Trash Bags,40 to 45 gal.,Black,PK150 78.38$ 24.08$ 5XL51 Cleaning Trash Bags,56 gal. ,Black,PK150 80.61$ 25.91$ 5XL55 Cleaning Trash Bags,33 gal.,Gray,PK250 48.38$ 22.25$ 5XL63 Cleaning Trash Bags,60 gal.,Gray,PK100 78.48$ 23.48$ 5YAY1 Outdoor Equipment Glue Trap,5-1/4 In. L,3-1/2 In. W,PK4 2.61$ 1.17$ 5YK76 Fleet and Vehicle Maintenance Brake Parts Cleaner, 20 oz. Aerosol 10.66$ 3.23$ 5YK77 Fleet and Vehicle Maintenance Brake Parts Cleaner,20 oz. Aerosol 9.68$ 3.97$ 5Z777 Pneumatics Pneumatic Bypass,3/8" Port 96.33$ 85.55$ 6A115 Power Transmission Cogged V-Belt,AX26,28in 12.83$ 10.64$ 6A117 Power Transmission Cogged V-Belt,AX33,35in 14.62$ 12.50$ 6A121 Power Transmission Cogged V-Belt,AX42,44in 16.55$ 14.16$ Facility MRO Sourcewell RFP #091422 Grainger Hot List - US 16 Prices are subject to change in accordance with contract terms and conditions. Product offered is subject to change based on availability. WWG SKU Segment Product Description US CRP Price US Contract Price 6A142 Power Transmission V-Belt,A32,34in 10.42$ 9.10$ 6A144 Power Transmission V-Belt,A36,38in 11.22$ 2.27$ 6A145 Power Transmission V-Belt,A37,39in 11.82$ 2.39$ 6A146 Power Transmission V-Belt,A39,41in 12.58$ 2.51$ 6A379 Paint, Equipment and Supplies Marking Wand,34" L 85.94$ 50.13$ 6A498 Hand Tools Tape Measure,1 In x 25 ft,Chrome,In/Ft 32.28$ 15.67$ 6A651 Hand Tools Pipe Wrench,I-Beam,Serrated,14"85.16$ 50.11$ 6A653 Hand Tools Pipe Wrench,I-Beam,Serrated,24"172.62$ 93.71$ 6AD97 Safety Half Mask Respirator,Elastomer,Gray 25.23$ 14.65$ 6AH03 Safety Collared Coveralls,Whte,XL,Straight,PK25 273.06$ 119.75$ 6B931 HVAC and Refrigeration Pleated Air Filter,20x25x1,MERV 8 8.60$ 3.89$ 6B937 HVAC and Refrigeration Pleated Air Filter,20x20x2,MERV 8 9.18$ 4.51$ 6B938 HVAC and Refrigeration Pleated Air Filter,20x20x1,MERV 8 8.14$ 3.79$ 6B950 HVAC and Refrigeration Pleated Air Filter,16x25x2,MERV 8 9.08$ 4.29$ 6B951 HVAC and Refrigeration Pleated Air Filter,16x25x1,MERV 8 8.76$ 3.70$ 6B956 HVAC and Refrigeration Pleated Air Filter,16x20x2,MERV 8 8.27$ 3.80$ 6B958 HVAC and Refrigeration Pleated Air Filter,16x16x2,MERV 8 9.99$ 5.23$ 6B975 HVAC and Refrigeration Pleated Air Filter,12x24x2,MERV 8 9.19$ 4.63$ 6DMX9 Cleaning Container Dolly,300 lb.,32/44/55 gal.133.99$ 38.96$ 6DMY4 Cleaning Extendable Duster,4 1/2 in W 15.67$ 3.94$ 6DTG5 Cleaning Duster,8 in W 15.38$ 6.13$ 6FET7 Adhesives, Sealants and Tape Masking Tape,1 7/8" W,60 yd L,Blue 14.64$ 6.09$ 6FGZ1 Safety Traffic Cone,18In,Orange 13.43$ 5.30$ 6FGZ2 Safety Traffic Cone,28In,Orange 21.57$ 9.06$ 6FGZ4 Safety Traffic Cone,18In,Orange 29.20$ 6.70$ 6FGZ5 Safety Traffic Cone,28In,Orange 33.73$ 11.96$ 6FGZ7 Safety Traffic Cone,18In,Orange 34.29$ 4.94$ 6FHA1 Safety Traffic Cone,28In,Orange 31.71$ 16.03$ 6FHC4 Safety Traffic Cone,36In,Orange 45.74$ 19.97$ 6FWH8 Cleaning Trash Bag,96 gal.,Black,PK50 98.89$ 61.94$ 6FXH7 Test Instruments Clamp Meter,600A 371.84$ 261.87$ 6GJA0 Safety Door Barricade Sign,18inx13 3/4in,Nylon 21.58$ 10.41$ 6GNP2 Test Instruments Magnetic Meter Hanger,Nylon,9" Strap 62.39$ 46.67$ 6HD44 Abrasives CutOff Wheel,A60T,4-1/2"x.045"x7/8"2.74$ 1.04$ 6HD81 Abrasives Depressed Ctr Wheel,T27,4.5x0.045x7/8,AO 3.19$ 1.33$ 6JD46 Adhesives, Sealants and Tape Duct Tape,Silver,1 7/8 in x 60 yd,9 mil 8.82$ 3.00$ 6JD84 Safety Eye Wash Cartridge,3.5 gal.,PK2 353.86$ 175.52$ 6JHY2 Test Instruments Voltage Detector, CAT IV 1000V, No Disp 28.07$ 25.07$ 6JJZ5 Cleaning Urinal Screen,Round,Green,52 g,PK10 43.47$ 16.35$ 6KP33 Paint, Equipment and Supplies Marking Paint,20oz,Caution Blue/APWABlue 11.32$ 4.64$ 6KP34 Paint, Equipment and Supplies Line Marking Paint,20oz,FluorescentGreen 11.32$ 4.72$ 6KP41 Paint, Equipment and Supplies Precision Line Marking Paint,20 oz,White 11.32$ 4.64$ 6L236 Power Transmission Cogged V-Belt,AX43,45in 17.24$ 4.57$ 6L268 Power Transmission Cogged V-Belt,BX50,53in 27.44$ 23.48$ 6L275 Power Transmission Cogged V-Belt,BX59,62in 29.60$ 25.85$ 6L277 Power Transmission Cogged V-Belt,BX62,65in 31.09$ 8.11$ 6L279 Power Transmission Cogged V-Belt,BX64,67in 31.53$ 26.97$ 6LFH5 Paint, Equipment and Supplies Mini Paint Roller Frame,4" Roll L,4wire 3.72$ 1.22$ 6LY36 Safety Hooded Coveralls,White,XL,Elastic,PK25 308.67$ 153.72$ 6LY81 Safety Hooded Coveralls,White,L,Elastic,PK6 80.11$ 48.48$ Facility MRO Sourcewell RFP #091422 Grainger Hot List - US 17 Prices are subject to change in accordance with contract terms and conditions. Product offered is subject to change based on availability. WWG SKU Segment Product Description US CRP Price US Contract Price 6MPT9 Cleaning Angle Broom,49 in Handle L,11 in Face 18.86$ 9.68$ 6NB37 Lighting Linear FLUOR Bulb,T12,47-3/4"L,G13,6500K 4.95$ 1.99$ 6NF85 Plumbing Tee, 2 in Pipe Size, Schedule 80, Socket 28.15$ 22.46$ 6PEC3 Cleaning Baseboard Stripper,Liquid,20 oz 12.82$ 6.70$ 6PEP3 Paint, Equipment and Supplies Rust Coverter, Black, 10.25 Oz.17.64$ 9.29$ 6PVX8 Cleaning Duster,5 in W 35.24$ 6.36$ 6RA74 Cleaning Paper Towel Roll,800,White,PK6 170.87$ 94.11$ 6RKH8 Safety Universal Absorbent,50 lb.,Bag 15.31$ 10.90$ 6X571 Power Transmission V-Belt,B44,47in 20.54$ 16.18$ 6XF59 Safety Ear Plugs,Contoured-T,32dB,PK200 47.54$ 20.08$ 6XF60 Safety Ear Plugs,Corded,Contoured-T,32dB,PK100 46.21$ 20.57$ 6XT97 Lighting Linear FLUOR Bulb,T8,23-3/4" L,G13,3500K 7.52$ 3.53$ 6XT99 Lighting Linear FLUOR Bulb,T8,23-3/4" L,G13,4100K 6.96$ 3.26$ 6Y743 Lubrication 11 wt oz.,Aerosol Can,Lubricants 22.77$ 10.92$ 6YE63 Cleaning Dry Wipe,9-1/4" x 16-1/2",White,PK5 106.01$ 57.29$ 6YG04 Safety Beverage Cooler,Hard Sided,2.0 gal.55.55$ 24.89$ 6YH35 Electrical Twist On Wire Connector,300 V,PK100 14.65$ 4.92$ 6YH36 Electrical Twist On Wire Connector,600 V,PK100 18.23$ 5.93$ 6YTD0 Cleaning Floor Brush Head,Tapered,16" Sweep Face 27.16$ 21.22$ 8AYX2 Material Handling Reclosable Poly Bag,Zip Seal,PK1000 92.40$ 54.12$ 8EJP2 Adhesives, Sealants and Tape Cold Patch,50 lb 27.62$ 13.86$ 9JZ92 Cleaning Cloth Rag,New,Size Varies 43.32$ 28.31$ 9MCC1 Cleaning Disinfecting Wipes,160 ct,Canister 14.74$ 6.52$ 9RYJ7 Cleaning Disinfecting Wipes,160 ct,Canister 16.91$ 6.46$ 9U899 Safety NFPA Sign Kit,Self Adhesive Vinyl,15" H 79.73$ 56.24$ 9WUT9 Safety Snake Gaiters,Olive,Canvas,1 Pair 88.48$ 54.06$ 9XPY3 Safety Telescoping Cone Bar,Orange,60-108 In L 48.05$ 13.63$ 5YK76 Fleet and Vehicle Maintenance Brake Cleaner, 20 oz. Aerosol 10.66$ 5.95$ 49XX84 Lighting Handheld Flashlight,Aluminum,Black,375lm 53.56$ 31.92$ 61DU21 Pumps Plug-In Utility Pump, 1/6 HP, 115VAC 132.34$ 79.24$ 5V658 Lighting Quartz MH Bulb,ED37,E39,36,000 lm,400W 41.41$ 15.03$ 39M982 Cleaning Dry Wipe Roll,10" x 12",White 26.75$ 12.56$ 36WG20 Outdoor Equipment Wasp and Hornet Killer,20 oz.,Aerosol 12.37$ 3.69$ 20PJ24 Adhesives, Sealants and Tape MaskingTape,1 7/8" W,60yd L,Blue 16.82$ 7.44$ 800W05 Power Tools Screwdriver Bit Set,40 Pieces,1/4" Shank 39.65$ 21.36$ 3K771 Motors Motor,1/4 HP,1725 rpm,48,115V 212.85$ 86.28$ 5GUU2 Cleaning Laundry Detergent,Jug,213 oz,PK2 37.65$ 27.27$ 5XN97 Lighting FLUOR Ballast,Electronic,Instant,32W 18.98$ 7.78$ 4KGF5 Lighting FLUOR Ballast,Electronic,Instant,32W 19.66$ 13.91$ 43Y865 Lubrication Chainsaw Lube,1 qt.,Jug 8.01$ 5.80$ 3EAU4 Safety Banded Ear Plugs,Bell,25dB 12.23$ 5.51$ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0855 Agenda Date: 7/29/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: General Services Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Declare list of vehicles and equipment surplus and authorize disposal through auction pursuant to Clearwater Code Sections 2.623(6) and (8) and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 4, 2022, Council approved the Vehicle Replacement List for fiscal year 2023. Additionally, on August 17, 2023, Council approved the Vehicle Replacement List for fiscal year 2024 and authorized the purchase of replacement vehicles and equipment. This agenda item is requesting Council to declare surplus the vehicles and equipment detailed to be replaced per the list and authorize disposal via auction through Tampa Machinery Auction of Tampa, FL and Royal Auction Group of Zephyrhills, FL pursuant to Sections 2.623(6) and (8). Tampa Machinery Auction was competitively solicited by Pinellas County under Contract NO. 190-0534-R(JJ) valid through November 17, 2027. Royal Auction Group was competitively solicited by Pinellas County under Contract NO. 190-537-R valid through November 16, 2027. These vehicles and equipment have reached the end of their useful and economic life. Factors used to determine the end of useful and economic life include, but are not limited to: age, life to date, mileage/hours of operations, historical maintenance cost as compared to like vehicles, operating cost per mile/hour, anticipated and ongoing repairs, and physical condition. Additionally, Fleet will continue to bring forward agenda items for vehicles and equipment from the 2022/23 and 2023/24 Vehicle Replacement Lists as their replacements are deemed road ready. APPROPRIATION CODE AND AMOUNT: Revenues from sale of surplus vehicles are credited to the Garage Fund, an internal service fund of the City. These revenues are budgeted as an offset to the annual cost of operations. 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 7/23/2024 ITEM #ASSET #YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS / DISPOSAL REPLACED BY 1 G1904 1998 F800 1FDXF80C2WVA27942 71452MI AGE/MILEAGE/CONDITION G5732 2 G2125 1999 FORD E250 1FTNS24LXXHB42450 27306MI AGE/MILEAGE/CONDITION G4316 3 G2693 2003 STERLING ACTERRA 2FZACGAK04AM70109 27650MI AGE/MILEAGE/CONDITION G5440 4 G2921 2004 FORD RANGER 1FTYR14U84PA75179 81979MI AGE/MILEAGE/CONDITION XXXXXX 5 G3132 2007 MAULDIN ROLLER 817-F-40CGS1YG-01817 XXXXX AGE/MILEAGE/CONDITION G5471 6 G3262 2005 DITCH WITCH FX30 1DSB122R0517Z2015 1250HR AGE/MILEAGE/CONDITION G5370 7 G3412 2007 F150 1FTRF12W37NA57996 81216MI AGE/MILEAGE/CONDITION G5429 8 G3532 2009 F550 ALTED BUCKET TRUCK 1FDAF56R19EA01384 83147MI AGE/MILEAGE/CONDITION G5439 9 G3648 2010 TORO 3505-D 310000124 1271hr AGE/MILEAGE/CONDITION G5530 10 G3776 2011 FORD F150 E/C 1FTEX1CM6BKD52920 102349MI AGE/MILEAGE/CONDITION G5466 11 G3779 2011 CHEVY SILVERADO 1GC0CVCG7BF204730 88246MI AGE/MILEAGE/CONDITION G5424 12 G3886 2013 CHEV 3500 UT 1GB3CZCG9DF151721 83443MI AGE/MILEAGE/CONDITION TBD 13 G3898 2013 FORD TAURUS 1FAHP2D82DG188761 67720MI AGE/MILEAGE/CONDITION XXXXXX 14 G3971 2014 FORD F550 CUES TRUCK 1FDUF5GT2DEB30413 69369MI AGE/MILEAGE/CONDITION G5452 15 G4069 2014 F150 1FTMF1CM9EKE65845 96433MI AGE/MILEAGE/CONDITION G5409 16 G4212 2015 PERMAGREEN TRIUMPH 14720 142HR AGE/MILEAGE/CONDITION G5524 17 G4232 2015 TORO WORKMAN 315001061 850HR AGE/MILEAGE/CONDITION G5275 18 G4233 2015 TORO WORKMAN 315001062 1550HR AGE/MILEAGE/CONDITION G5276 19 G4234 2015 TORO WORKMAN 315001065 3411HR AGE/MILEAGE/CONDITION G5277 20 G4235 2015 TORO WORKMAN 315001060 3960HR AGE/MILEAGE/CONDITION G5278 21 G4236 2015 TORO WORKMAN 315001064 1610HR AGE/MILEAGE/CONDITION G5279 22 G4259 2016 EXPLORER 1FM5K8AR9GGB96867 102455MI AGE/MILEAGE/CONDITION G5443 23 G4260 2016 EXPLORER 1FM5K8AR2GGB96872 105061MI AGE/MILEAGE/CONDITION G5444 24 G4262 2016 EXPLORER 1FM5K8AR4GGB96811 99925MI AGE/MILEAGE/CONDITION G5445 JULY SURPLUS AUTHORIZATION Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0826 Agenda Date: 7/29/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Update to the City’s Implementation of the Live Local Act’s zoning preemptions. (WSO) SUMMARY: On March 29, 2023, Governor Ron DeSantis signed Senate Bill (SB) 102, the Live Local Act, to provide developers with incentives to construct affordable and workforce housing throughout the State of Florida, with the aim of helping people live within the communities they work. Senate Bill (SB) 328 provided updates to the Live Local Act which the Governor signed into law on May 16, 2024. This agenda item focuses on the changes that were provided for in SB 328, including the preemption of development intensity, certain height restrictions, additional parking reductions, and other changes for clarity. STRATEGIC PRIORITY: Implementation of the Live Local Act supports two of the city’s strategic priority areas - Economic & Housing Opportunity and Community Well Being - by implementing one of the state of Florida’s housing programs aimed at increasing the supply of affordable housing through the clarification of local processes and development standards. Page 1 City of Clearwater Printed on 7/23/2024 To: Gina Clayton, Planning & Development Director From: Jayme Lopko, Long Range Planning Manager Date: July 29. 2024 Re: Updates to the Live Local Act & Other Affordable Housing Legislation In recent years, the Florida Legislature has taken several steps to address the state’s housing affordability crisis. The most recent legislation is Senate Bill 102, the Live Local Act, which was approved by Governor DeSantis on March 29, 2023, and became law on July 1, 2023. The Live Local Act refines prior statutory changes made through House Bill 1339 (2020) and Senate Bill 962 (2022) that sought to streamline the approval process for income-restricted affordable housing projects (see Section 166.04151(6), Florida Statutes (F.S.)). In addition, the Live Local Act preempts a local government’s ability to regulate zoning, density and height for certain multi- family and mixed-use affordable housing developments. These new provisions are found in Section 166.04151(7), F.S. The primary focus of this memo is to provide guidance on the city of Clearwater’s process for implementation of the Live Local Act to prospective applicants and other interested parties, for which a summary of development standards and approval processes is provided at the end. The memo also provides a brief overview of the other affordable housing provisions that preceded, but were also modified by, the Live Local Act. The information within is aggregated from materials made available by the Florida Housing Coalition, Florida Attorney General’s Office, Florida Chapter of the American Planning Association, and Florida League of Cities. City of Clearwater Community Development Code Overview The city’s Community Development Code (the “CDC” or “Code”) differs from most communities in that it is a performance-based code which prescribes “flexibility” for certain uses or development standards (e.g., lot size, setbacks, parking). That flexibility varies by zoning district and, when available, additional criteria must be met. Some flexibility may be requested through an administrative process, while other flexibility requires a public hearing. Article 4, Division 3 of the city’s Code establishes the approval process for the city’s “Level One” applications which are administrative reviews where authority to approve or deny an application is granted to the Community Development Coordinator (i.e., Planning & Development Director). 2 A Level One Minimum Standard Development application, sometimes referred to as a BCP, can proceed to the submittal of a building construction permit application without a separate site plan review process. Level One Flexible Standard Development applications, or FLS applications, are reviewed by the city’s Development Review Committee (DRC) first, and that committee makes a recommendation to the Community Development Coordinator. DRC meetings are open to the public, but no public comment is taken. Additional information is provided later in this memo regarding how the city will apply its “flexible” code to eligible projects pursuant to the Live Local Act. Live Local Act Overview The Live Local Act entitles eligible affordable housing rental projects to certain use, density, intensity, and height standards and such projects must be approved administratively. To be eligible, a project must meet the following criteria: 1. Be in an area zoned for commercial, industrial, or mixed-use. 2. Be a multi-family or mixed-use rental development. 3. At least 40% of the residential units must be affordable1 to households earning up to 120% of the area median income (AMI) for the Tampa Bay Metropolitan Statistical Area for a period of at least 30 years. 4. If mixed-use development, at least 65% of the total square footage must be residential. Affordable housing projects meeting these criteria above are entitled to the following: 1. Use: Permitted to build multi-family or mixed-use rental projects on any land zoned for commercial use, industrial use, or mixed-use without a zoning change. 2. Density: Permitted Allowed the same density as the highest currently allowed residential density allowed on any land in the city where residential development is permitted. 3. Floor Area Ratio: Allowed at 150% of the highest currently allowed floor area ratio on any land in the city where development is permitted.2 4. Height: a. Permitted the same building height as what is currently allowed for a residential or commercial project building within one mile of the proposed development, or three stories, whichever is higher. 1 Affordable as defined in Section 420.0004, F.S. 2 Only applicable to projects located within the US 19 District as all permitted uses in the US 19 District are governed by Floor Area Ratio only. 3 b. If adjacent to, on two or more sides, a parcel zoned for single-family residential use within a single-family residential development with at least 25 contiguous single- family homes, the height can be restricted to 150% of the tallest building on any property adjacent to the proposed development, the highest currently allowed height for the property provided in the city’s Community Development Code, or three stories, whichever is higher.3 5. Parking: a. Required off-street parking may be reduced if a project is located within one-half quarter mile of a major transit stop.2 For purposes of the Live Local Act, “transit stop” means a bus stop serving Pinellas Suncoast Transit Authority (PSTA) busses. b. Required off-street parking must be reduced by at least 20% if a project is located within one-half mile of a major transportation hub, has available parking within 600 feet of the proposed project site, including but not limited to on-street parking, parking lots, or parking garages,4 or is a mixed-use residential development authorized under the Live Local Act within an area recognized as a transit-oriented development or area. While these entitlements are granted by statute, the city’s other CDCommunity Development Code standards continue to apply, including setbacks, minimum parking requirements, concurrency, etc. Provided these other regulations are met, the Live Local Act requires an eligible project to be approved administratively. Live Local in Clearwater The Live Local Act preempts certain regulations for all municipalities and therefore is written in broad terms, relying on local governments to provide additional guidance to the development community and residents. This also necessitates interpretations of the Act’s provisions and how local regulations and procedures apply. Tables 1 and 2 summarize the Live Local entitlements, as well as applicable approval processes and key development standards by city eligible zoning district for each Live Local use (multi- 3 Adjacent is defined as “those properties sharing more than one point of a property line, but does not include properties separated by a public road”, Section 166.04151(7)(d)2,F.S. Live Local Act requires municipalities to “consider reducing parking requirements” within ½ ¼-mile of a “major transit stop” which is not defined by the Live Local Act or currently defined in the city’s Community Development Code (emphasis added). 4 Senate Bill 328 defines “major transportation hub” as any transit station, whether bus, train, or light rail, which is served by public transit with a mix of other transportation options. 4 family, in Clearwater called attached dwellings, and mixed-use). A more detailed description of the processes and standards follows the tables. The city’s Community Development Code Article 8. Definitions and Rules of Construction defines the following terms which are pertinent to Live Local projects: • Density means the measure of permitted residential development expressed as a maximum number of dwelling units per gross acre of land. • Dwelling, attached means a dwelling unit that shares common walls with at least one other dwelling unit. [Within this memo, this is referred to more commonly as attached dwellings.] • Floor area ratio (FAR) means a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor area of all buildings on the site and dividing by the gross land area. [illustrated in Figure 1] • Mixed use means a combination of residential and non-residential uses on a single property. [Illustrated in Figure 2] Eligible Live Local projects may be located within the following zoning districts (i.e., those zoned for commercial, industrial, or mixed-use35). • Commercial (C) • Tourist (T) • Downtown (D) • US 19 • Industrial, Research & Technology (IRT) 35 Determination of mixed-use districts in Clearwater informed by State of Florida Attorney General’s opinion letter dated July 20, 2023. Figure 1. Floor Area Ratio (FAR) Figure 2. Mixed-Use Development 5 Table 1 Live Local Eligible Project - Multi-Family (Attached Dwellings) Use (Min. 40% Affordable Rental Units for 30 Years) Eligible Zoning Districts Commercial Tourist Downtown US 19 Industrial, Research & Technology Live Local Entitlements Density Height Approval Process BCP and/or FLS FLS2 FLS3 BCP/FLS4 BCP/FLS4 FLS2 Currently Permitted Use (Y/N)No Yes Yes Yes No Flexible Standard Devt. (FLS) Standards Min. Lot Area (SF)15,000 10,000 None None 15,000 Min. Lot Width (ft.)150 100 None None 150 Front Setback (ft.)25 min.10-15 min. Based on Frontage Type Based on street Frontage Type 25 min. Side Setback (ft.)10 min.10 min.Based on Frontage Type Based on street Frontage Type 10 min. Rear Setback (ft.)5 10-15 min.10-20 min.Based on Frontage Type Based on street Frontage Type 10-15 min. Off-Street Parking 2 per unit6 2 per unit6 1 per unit 1.5 per unit6 2 per unit6 Notes: 4. Currently permitted in zoning district as Level One Minimum Standard Development (BCP) use and Level One Flexible Standard Development (FLS) use. May continue to request flexibility, if available in the district, through FLS application. 75 units per acre1 Highest currently allowed via Minimum Standard (BCP) or Flexible Standard (FLS) Development for commercial or residential development within 1 mile of proposed eligible project, or three stories, whichever is higher. If requesting height only available through FLS application, must meet the applicable criteria for increased height. Height transitions established in Downtown and US 19 Districts apply. 2. Not currently permitted in zoning district. Level One Flexible Standard Development (FLS) application required. May request flexibility (must meet criteria for attached dwellings in the High Density Residential (HDR) District in Section 2-503.B). 3. Currently permitted in zoning district as Level One Flexible Standard Development (FLS) use. May continue to request existing flexibility (must meet criteria for attached dwellings in Section 2-802.C). 5. The Building Code may require the rear setback on a waterfront lot to be at least 18 feet from a seawall. 6. May request reduction to 1.25 spaces per unit for certified affordable housing units where project is within 1/2-mile (2,640 feet) of a transit stop providing service at a frequency of 30-minute or more frequent service during peak hours and 60-minute or more frequent service during off-peak hours. When reduced, must provide 0.5 long-term bike parking spaces per unit for which the parking ratio is reduced, unless private garages are provided. Market rate units must meet minimum parking standard for attached dwellings. 1. Restrictions to density on parcels in the Downtown (D) District designated with the Neighborhood Infill Frontage (Appendix C, Figure 2. Regulating Plan - Street Types & Key Corners) 6 7 Table 2 Live Local Eligible Project - Mixed-Use Project (Min. 65% Total SF Used for Residential & Min. 40% Affordable Rental Units for 30 Years) Eligible Zoning Districts Commercial Tourist Downtown US 19 Industrial, Research & Technology City & Live Local Entitlements Density Intensity (FAR) for Non- Residential Uses Mixed-Use Calculation (CDC Section 3-902.F) Proportionate Share Proportionate Share Proportionate Share; Vertical Mixed-Use Exempt Proportionate Share; Vertical Mixed-Use Exempt Proportionate Share Height City Approval Process BCP and/or FLS BCP/FLS2 FLS3 BCP/FLS4 BCP/FLS4 FLS5 Currently Permitted Use (Y/N)Yes Yes Yes Yes No Minimum Standard Devt. (BCP) Min. Lot Area (SF)10,000 –None None – Min. Lot Width (ft.)100 –None None – Front Setback (ft.)25 min.–Based on Frontage Type Based on Frontage Type – Side Setback (ft.)10 min.–Based on Frontage Type Based on Frontage Type – Rear Setback (ft.)20 min.–Based on Frontage Type Based on Frontage Type – Off-Street Parking 2 per unit6 + parking required for specific use(s)7 – 1 per unit + parking required for specific use(s) 1.5 per unit + parking required for specific use(s)– Flexible Standard Devt. (FLS) Min. Lot Area (SF)5,000-10,000 5,000-10,000 None None 5,000-10,000 Min. Lot Width (ft.)50-100 50-100 None None 50-100 Front Setback (ft.)25 min.0-15 min.Based on Frontage Type Based on Frontage Type 25 min. Side Setback (ft.)0-10 min.0-10 min.Based on Frontage Type Based on Frontage Type 0-10 min. Rear Setback (ft.)10-20 min.10-20 min.Based on Frontage Type Based on Frontage Type 10-20 min. Off-Street Parking 2 per unit6 + parking required for specific use(s)7 2 per unit6 + parking required for specific use(s)7 1 per unit + parking required for specific use(s) 1.5 per unit6 + parking required for specific use(s) 2 per unit6 + parking required for specific use(s)7 Notes: 4. Certain nonresidential uses are permitted in zoning district as Level One Minimum Standard Development (BCP) use or Level One Flexible Standard Development (FLS) use. Process will depend on selected use(s). May continue to request flexibility, if available in the district, through FLS application. 5. Not currently permitted in zoning district. Level One Flexible Standard Development (FLS) application required, may request flexibility (must meet criteria for mixed- use project in the Commercial (C) District in Section 2-703.L). 6. May request reduction to 1.25 spaces per unit for certified affordable housing units where project is within 1/2-mile (2,640 feet) of a transit stop providing service at a frequency of 30-minute or more frequent service during peak hours and 60-minute or more frequent service during off-peak hours. When reduced, must provide 0.5 long-term bike parking spaces per unit for which the parking ratio is reduced, unless private garages are provided. Market rate units must meet minimum parking standard for attached dwellings. 7. Minimum off-street parking requirement for any nonresidential use provided based on the parking standards established in the Commercial (C) District Table 2-703. Flexible Standard Development Standards. Applicable flexibility criteria for any reduction in parking, if requested, shall apply. 2. Currently permitted in zoning district as Level One Minimum Standard Development (BCP) use and a Level One Flexible Standard Development (FLS) use. May continue to request existing flexibility (must meet criteria for mixed-use projects in Section 2-703.L). 3. Currently permitted in zoning district as Level One Flexible Standard Development (FLS) use. May continue to request existing flexibility (must meet criteria for mixed- use projects in Section 2-803.P). 1. Restrictions to density on parcels in the Downtown (D) District designated with the Neighborhood Infill Frontage (Appendix C, Figure 2. Regulating Plan - Street Types & Key Corners) 75 units per acre1 Based on the underlying future land use category Highest currently allowed via Minimum Standard (BCP) or Flexible Standard (FLS) Development for commercial or residential development within 1 mile of proposed eligible project, or three stories, whichever is higher. If requesting height only available through FLS application, must meet the applicable criteria for increased height. Height transitions established in Downtown and US 19 Districts apply. 8 9 Future Land Use & Density Multi-Family Residential Density (Residential Only Projects) The Central Business District (CBD) future land use category, which is applied to parcels comprising the city’s Downtown, establishes residential density at a maximum of 75 units per acre by right within the Downtown Core Character District, pursuant to the Clearwater Downtown Redevelopment Plan. This is the maximum residential density established in the city and therefore will be the density permitted for eligible projects. Under the Live Local Act, the highest currently allowed density does not include the density of any building approved and constructed through the requirements of the Act or the density of any building that has received any bonus, variance, or other special exception for density provided for in the city’s CDC. The density restrictions established in the Downtown (D) District for projects located on streets designated with the Neighborhood Infill Frontage (Appendix C, Figure 2. Regulating Plan - Street Types & Key Corners) shall not apply. Multi-Family Residential Intensity (US 19 District Only Projects) The US 19 – Regional Center (US 19-RC) future land use category, which is applied to certain parcels comprising the city’s US 19 District, establishes a floor area ratio (FAR) of 2.5 by right for both residential and nonresidential development. Under the stablished FAR preemption, 150% of this FAR is 3.75, which will be the maximum intensity permitted for eligible projects falling within the US 19 District. Mixed-Use Residential Density & Intensity A proportionate share of residential density (units per acre) established through the Live Local Act, which is 75 units per acre, and the non-residential intensity (floor area ratio or FAR) established by the consistent underlying future land use category shall be used for eligible mixed-use projects, pursuant to CDC Section 3-902.F. Vertical mixed-use projects in the Downtown (D) District may utilize their full residential density and non-residential intensity. Affordable Housing Density Bonus (Existing City Bonuses) Eligible projects are not precluded from utilizing other density or intensity bonuses available in the availing themselves of the density “bonus” provided though the Live Local Act will not be permitted to also utilize the city’s affordable housing density bonus set forth in CDC provided the project satisfies the conditions required to receive such bonus and no conditions related to the additional bonus conflicts with the Live Local ActSection 3-920. Allowable Height The Live Local Act states that the city may not restrict height below the highest currently allowed for either commercial or residential development within city limits and located within one mile of an eligible project, or three stories, whichever is higher. Under the Live Local Act, the highest currently allowed height does not include the height of any building approved and constructed through the requirements of the Act or the height of any building that has received any bonus, variance, or other special exception for height provided for in the city’s CDC. Community Development Code Article 2. Zoning Districts sets forth maximum permitted heights for the majority of the city’s zoning districts. Heights for projects in the 10 Downtown (D) or US 19 Districts are found in Appendix B or Appendix C, respectively. The city’s Beach by Design plan governs certain properties on Clearwater Beach. Maximum permitted heights range from 30 feet in many residential districts to unlimited height for properties in the Downtown Core Character District. The city will utilize the eligible project’s property boundary to establish a one-mile buffer. This buffer will be used to determine which zoning district(s) are located within one mile of the project and the maximum allowable height permitted in those districts as either a Minimum Standard Development (BCP) or Flexible Standard Development (FLS); however, projects seeking to utilize greater heights that may be available through an FLS request must meet the flexibility criteria for additional height (e.g., additional height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance). Additional provisions apply for projects which are adjacent to parcels zoned for single-family residential uses. Under these provisions, if a proposed project is adjacent to, on two or more sides, a parcel zoned for single-family residential use that is within a single-family residential development (single subdivision plat) with at least 25 contiguous single-family homes, the city may restrict the height of the proposed development to 150% of the tallest building on any property adjacent to the proposed project, the highest currently allowed for the property under the city’s CDC, or three stories, whichever is higher. Process for Approval & Applicable Development Standards The Live Local Act states that projects that meet the eligibility criteria as established in the act and that satisfy the municipality’s land development regulations for multi-family developments in areas zoned for such use and are otherwise consistent with the comprehensive plan must be approved administratively. This allows residential and mixed-use projects in zoning districts where development standards are not already established. In such circumstances, the standards for attached dwellings in the High Density Residential (HDR) District will apply to residential only projects, and the standards for mixed-use projects in the Commercial (C) District will apply to those projects. Additionally, in keeping with the spirit of the Live Local Act, the city does not want to “penalize” projects utilizing the Live Local Act entitlements if the project would otherwise be eligible to apply as a Level One Minimum Standard Development (BCP) or Level One Flexible Standard Development (FLS) project, both of which are administrative approvals. The city will permit requests for flexibility to those standards for which it is available through an FLS application, but the project must meet the applicable flexibility criteria. Commercial (C) District Projects Multi-family (attached dwellings) projects are not currently permitted in the Commercial (C) District; therefore, projects shall comply with the standards in the High Density Residential (HDR) District and requests will be processed as Flexible Standard Development (FLS) applications and will be reviewed by the DRC prior to a final decision by the Community Development Coordinator. Mixed-use projects are currently both minimum standard and flexible standard uses and will follow the appropriate approval process based on whether or not flexibility is being requested. 11 Tourist (T) District Projects The city’s Tourist (T) District does not have any Minimum Standard Development (BCP) uses; however, both attached dwellings and mixed-use projects may be permitted through a Flexible Standard Development (FLS) application and will be reviewed by the DRC prior to a final decision by the Community Development Coordinator. Downtown (D) & US 19 District Projects Multi-family (attached dwellings) projects are currently permitted in the Downtown (D) and US 19 Districts as a Minimum Standard Development (BCP) use when all applicable development standards are met and as a Flexible Standard Development (FLS) use if flexibility is requested. The city will utilize the same processes for eligible projects, requiring DRC review prior to a final decision by the Community Development Coordinator only when flexibility in meeting design standards is being requested. While neither the Downtown (D) nor US 19 Districts specifically include “mixed-use” use in their use tables (see Appendix B, Table 2. Use & Off-Street Parking and Appendix C, Table 1. Use & Off-Street Parking, respectively), the Districts are intended to be mixed-use areas. The applicable approval process for non- residential uses varies by use. The city will utilize the same processes for eligible Live Local projects. For those requesting flexibility for the design standards or those for which a Flexible Standard Development (FLS) application is required for the non-residential component, DRC review prior to a final decision by the Community Development Coordinator will be required. Industrial, Research & Technology (IRT) District Projects Neither multi-family (attached dwellings) or mixed-use projects are permitted in the Industrial, Research & Technology District through a Level One application; therefore, requests to construct Live Local projects this district will be processed as a Flexible Standard Development (FLS) application and will be reviewed by the DRC prior to a final decision by the Community Development Coordinator. Multi-family projects shall meet the standards of the High Density Residential (HDR) District, and mixed-use projects will meet the Commercial (C) District standards. Parking Reductions The Live Local Act requires Llocal governments are required to “consider” reduceding parking for eligible projects within one-quarter half mile (1,3202,640 feet) of a “major transit stop” which, as previously noted, is not a defined term in the city’s Community Development Code or by the act. The city has already established parking reductions for projects utilizing the city’s existing affordable housing bonus for two situations, pursuant to CDC Section 3-920.B: 1. Within 1,000 feet of a transit stop, parking may be reduced to between 1.5 and 1 space(s) per unit if affordable housing units are designated for senior citizens or disabled persons; or 2. Within 1,500 feet of a transit stop with 30-minute or more frequent service during peak hours and 60-minute or more frequent service during off-peak hours, parking may be reduced to 1.25 spaces per unit for all other affordable housing projects. 12 Those attached dwellings that receive the existing affordable housing bonus and receive reductions in required off-street parking must provide 0.5 long-term bike parking spaces per unit for which the number of parking spaces is reduced unless private garages are provided for the attached dwelling units. In keeping with the spirit of the Live Local Act, the city will permit eligible projects to reduce off-street parking to 1.25 parking spaces per certified affordable unit provided within one-half quarter mile (2,640 1,320 feet) of a transit stop that provides the transit level of service (frequency) defined in scenario two above. Market rate units within an eligible project must continue to meet the minimum parking standard for attached dwellings pursuant to the applicable zoning district or as stated in Tables 1 and 2. The distance a site is from the transit stop shall be measured from the nearest point of exit from the parcel based upon the shortest route of ordinary pedestrian travel. When a reduced parking ratio is provided, long-term bike parking shall be provided at a ratio of 0.5 long- term bike parking spaces per unit for which the parking ratio is reduced, unless private code-compliant garages are provided for the unit. According to the Live Local Act, a municipality must reduce parking requirements for a proposed development by at least 20% if: 1. It is located within one-half mile of a major transportation hub that is accessible from the proposed development by safe, pedestrian-friendly means, such as sidewalks, crosswalks, elevated pedestrian or bike paths, or other multimodal design features. 2. There is available parking within 600 feet of the proposed development which may consist of options such as on-street parking, parking lots, or parking garages available for use by residents of the proposed development. However, a municipality may not require that the available parking compensate for the reduction in parking requirements. 3. It is a mixed-use residential development authorized under the Live Local Act within an area recognized as a transit-oriented development or area. There are no transit-oriented development areas within the city, so subsection 3 above would not apply. The term “major transportation hub” is defined in SB 328 as any transit station, whether bus, train, or light rail, which is served by public transit with a mix of other transportation options. The current Park Street Terminal for the Pinellas Suncoast Transit Authority would be considered a “major transportation hub” under this definition. Fences The city’s maximum fence height and other fence design standards found in CDC Article 3, Division 8 shall continue to apply. Landscaping & Trees The city’s landscaping and tree protection standards found in CDC Article 3, Division 12 shall continue to apply. 13 Opportunities in Clearwater Ultimately, the Live Local Act applies in five zoning districts, permitting residential density in areas where it is not currently allowed by the CDC. Because of the nature of these zoning districts, they are primarily located along or near arterial or collector streets, on which PSTA has located several of its bus routes. Overall, the Live Local “eligible” zoning districts comprise approximately 3,286 acres of land (22.5% of the city) and 10,150 parcels. Of those parcels, only 743 are vacant (as of November 2023). Figures 3 and 4 show all parcels (vacant and otherwise) where Live Local projects could be constructed in the city. 14 Figure 1 Live Local Eligible Zoning Districts, Western Half of Clearwater 15 Figure 2 Live Local Eligible Zoning Districts, Eastern Half of Clearwater 16 Additional Legislative Incentives for Affordable Housing (HB 1339 & SB 962) Section 166.04151(6), F.S., allows a local government to approve any residential or mixed-use residential development on any parcel zoned for commercial or industrial use as long as 10% of the housing units are set aside for affordable housing, regardless of any zoning or other regulations that are in place. This section was amended through the Live Local Act to remove parcels zoned for residential use (among other changes made in 2023). While this streamlined approach is authorized, it is not required by the Statute, nor does the Statute dictate an administrative approval process like it does for Live Local Act projects. Although the city of Clearwater does not permit residential uses within the Commercial (C) or Industrial, Research & Technology (IRT) Districts by right, the city has established the Comprehensive Infill Redevelopment Project use (often called “Comp Infill”) in the Code which may be used by applicants wishing to construct affordable housing projects in either of these districts, including those that meet the 10% set-aside requirements. Projects must meet the applicable Comp Infill criteria which address a myriad of items including, but not limited to, consistency with the city’s Comprehensive Plan and Code; not impeding the normal and orderly development and improvement of surrounding properties; and compliance with one or more stated objectives including the provision of affordable housing. In both zoning districts, Comp Infill projects require a Level Two Flexible Development application (referred to as an FLD application). Level Two applications require review by the DRC, which makes a recommendation regarding project approval. The authority for approval or denial is granted by the Code to the city’s Community Development Board. Although this means that a public hearing is required, a future land use change and rezoning are not also required. This streamlines the process time that typically takes around six months for the map amendments to as little as three months for site plan review only, provided the FLD applications are complete, sufficient, and timely submitted according to city processes. Comparison of Two “Tools” The Florida Legislature has created two different tools through which the process for permitting affordable housing projects in commercial or industrial districts is “streamlined” in that no additional future land use or zoning changes are required (consistency addressed through legislation). It is likely that these provisions may evolve in future legislative sessions. The requirement and process vary, and thus different parties may choose to utilize one provision over another. However, both provide options to incentivize the inclusion of affordable units within projects, consistent with the city’s previous policy direction incentivizing mixed-income projects. 17 The Florida Housing Coalition prepared the following summaries (design modified for this memo) that compare the Live Local Act (SB 102) and the existing tools for affordable housing as originally established through HB 1339 (2020) and amended by SB 102. These are provided for reference only. Table 3 Comparison of Live Local & HB 1339, as Amended 166.04151(6), F.S. HB 1339 Tool, as Amended 166.04151(7), F.S. New Live Local Tool Local Discretion Yes Not for use, density, intensity, or height Eligible Zones Commercial or industrial Commercial, industrial, or mixed-use Types of Development Any multi-family or mixed-use residential project (rental or ownership) Multi-family rental or mixed-use rental Affordability Requirement At least 10% of the units must be affordable At least 40% of the units must be affordable for 30 years Local Authority Discretion to regulate in any manner Preempted on certain standards regarding use, height, or density, or floor area ratio; All other state and local laws apply Commercial, industrial, or mixed-use zone 40% -100% Affordable + Rental Live Local Preemption 166.04151(7) 10% -39.9% Affordable + Rental or Ownership + Any Project Not Covered by Sub. (7) "HB 1339" Discretionary Approval 166.04151(6) |1CITY OF CLEARWATER Live Local Act Update City Council Work Session July 29, 2024 9CITY OF CLEARWATER | Live Local Act •Senate Bill 102 (2023) •Signed Into Law July 1, 2023 •Refined Previous Bills Governing Affordable Housing Projects •Preempted Local Government’s Ability to Regulate Zoning, Density, and Height |3CITY OF CLEARWATER •Preempts Intensity (Floor Area Ratio, or FAR) •Height Restrictions •Parking Reductions •Other Density/Intensity Bonuses •Minor Changes for Clarity Senate Bill (SB) 328 Updates 9CITY OF CLEARWATER | FAR Preemption •Must Permit at 150% of Highest Allowed Floor Area Ratio •Applies only to US 19 District •US 19 Regional Center Permits 2.5 FAR; 150% is 3.75 FAR |5CITY OF CLEARWATER If Adjacent on Two Sides by a Single-Family Residential Development with 25 or More Contiguous Lots, Height can be Restricted to: •150% of the Tallest Adjacent Building; or •Highest Currently Allowed Height in the Zoning District of Parcel; or •Three Stories, Whichever is Higher Height Restriction 9CITY OF CLEARWATER | Required Parking Reduction Required Off-Street Parking must be Reduced by 20% if: •Project Site is within ½ Mile of Major Transportation Hub; or •Has Available Parking within 600 Feet of Proposed Project Site; or •Is Within a Transit-Oriented Development Area |7CITY OF CLEARWATER •Permits Live Local Projects to Apply for Other City Bonuses •Other Density/Intensity Bonus Applications Must be Approved Administratively Other Density/Intensity Bonuses 11CITY OF CLEARWATER | Minor Changes •Clarifies “Highest Currently Allowed Density” •Clarifies “Highest Currently Allowed Height” •Revises Optional Parking Reduction to Projects Located within ¼ Mile of Transit Stop |9CITY OF CLEARWATER SB 328 Became Law on May 16, 2024 •Provisions Now in Effect •Updating Policy Memo to Reflect Updated Regulations •Updating Live Local Webpage and FAQs on City’s Website |10CITY OF CLEARWATER Live Local Act Update City Council Work Session July 29, 2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0879 Agenda Date: 7/29/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Presentation on the Downtown Sign Code. (WSO) SUMMARY: City Council directed staff to prepare a presentation on the Downtown Sign Code. The Planning and Development Department will discuss the types and amounts of signage allowed as well as its approach to enforcement. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: STRATEGIC PRIORITY: Sign regulation is instrumental in ensuring exceptional communities and neighborhoods. They specifically implement Community Well-Being Objective 3.2 which supports the preservation of community livability through responsible development standards, proactive code compliance, and targeted revitalization Page 1 City of Clearwater Printed on 7/23/2024 |1CITY OF CLEARWATER Downtown Sign Standards Planning and Development Department July 29, 2024 |2CITY OF CLEARWATER |3CITY OF CLEARWATER Regulatory Framework To Create Vibrant Streets Environment •Flexible •Allows Multiple Signs •Supports Signage That Responds To Different Viewers •Encourages Creativity •Provides Design Standards So Signage Contributes To Positive Brand For Downtown |4CITY OF CLEARWATER |5CITY OF CLEARWATER Hierarchy of Design |6CITY OF CLEARWATER Hierarchy of Design |7CITY OF CLEARWATER |8CITY OF CLEARWATER |9CITY OF CLEARWATER |10CITY OF CLEARWATER Building Signs: Wall |11CITY OF CLEARWATER Building Signs: Projecting |12CITY OF CLEARWATER Building Signs: Canopy |13CITY OF CLEARWATER Building Signs: Awning |14CITY OF CLEARWATER Building Signs: Shingle |15CITY OF CLEARWATER Additional Building Signs: Under Canopy |16CITY OF CLEARWATER Additional Signs: Window |17CITY OF CLEARWATER Additional Signs: Sidewalk Sign |18CITY OF CLEARWATER Skyline Signs |19CITY OF CLEARWATER Freestanding Signs |20CITY OF CLEARWATER Sign Enforcement Typical Approach To Enforcement •Identify Violation – Speak With Owner Or Employee If Possible •If No Communication On-Site, Try To Call Or Email •Schedule Re-Inspection Based On Violation Type (# Of Days) •After Re-Inspection If Violation Still Exists, Notice Of Violation (NOV) Sent. ReInspection Timeline Based On Violation Type |21CITY OF CLEARWATER |22CITY OF CLEARWATER |23CITY OF CLEARWATER Window Sign Allowances In Downtown District •Affixed Or Attached To Inside Of Window Facing Street •No Limit On Number Of Signs •Limited To 10% Of Any Window Or Glass Door Opening •Total Area Of Window Signs Erected Along Street Frontage Limited To 50 Square Feet •Temporary Signage Exempt From 10% Limitation Window Sign AllowancesIn Other Districts •Located On Any Window •Sign Or Combination Of Signs Limited To 25% Of Total Window Area On Any Façade •All Signs Located Inside Enclosed Area For Purposes Of Advertising Are Window Signs •Cumulative Area Of All Window Signs (Including Temporary Signs) Limited to 50 Square Feet |24CITY OF CLEARWATER What Is Not Window Signage? •Blank Paper In The Window •Signage Attached To Ceiling & Hanging To Be Visible From Outside Of Window •Artwork •Temporary Signage (Code Section 3-1806.1b) Exempt From The 10% Limitation |25CITY OF CLEARWATER Other Requirements For Windows No Regulations Regarding Curtains/Blinds 50% Of Ground Floor Façade Area Between 2’ & 10’ Shall Be Transparent Windows/Doors. Glass Shall Have Visible Light Transmittance Reflective Or Mirrored Coating Not Allowed Including Colored Or Opaque Films, Boards Or Paint |26CITY OF CLEARWATER Artwork Current Definition of Artwork •Two Or Three-Dimensional Representation Of A Creative Idea Expressed In A Form & Manner So As To Provide Aesthetic Beauty, Appeal Or Enjoyment Rather Than To Specifically Convey The Name of the Business Or Commercial Message About The Products Or Services Offered On The Property Upon Which The Art Is Displayed. •Artwork Shall Not Include Any Object, Drawing, Picture, Symbol, Painting (Including the Painting Of Patterns Or Designs), Or Sculpture, Which Promotes A Speaker’s Economic Interests, Provides A Commercial Message Or Otherwise Identifies A Product, Service Or Business Sold Or Available On Property Where Same Is Displayed Challenge Is Drawing Distinction Between Advertising Mural And Work Of Art |27CITY OF CLEARWATER |28CITY OF CLEARWATER |29CITY OF CLEARWATER Signage Or Artwork? Ice Cream Shop |30CITY OF CLEARWATER Questions? Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0832 Agenda Date: 7/29/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Works Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve a purchase order to ArborPro Inc., of Yorba Linda, CA, for Tree Assessment/Inventory Survey, on a unit price basis, in the cumulative amount of $200,000.00 for a five-year term beginning October 1, 2024 through September 30, 2029, pursuant to Invitation to Bid 27-24 and authorize the appropriate officials to execute same. (consent) SUMMARY: In January 2023, the Public Works Department halted the urban forest management program, which included the inventory of the urban forest, after citizen concerns helped identify some operational concerns which included insufficient detail in the assessment/inventory, insufficient public outreach and resident notification, and the lack of a tree-replacement planting program. After an internal review and discussion with the Environmental Advisory Board, city staff prepared a high-level policy for Council’s consideration that was adopted on September 18, 2023 (attached). This policy prioritizes the tree, provides a replanting plan, and provides for additional detail in the inventory activities. After Council adopted the revised urban forest management program policy, staff sought to resume inventory operations with the provider that had been performing those services prior to program being halted. However, that provider was unable to resume operations due to a change in staff, additional detail being requested during the inventory process, and some additional technical challenges. Therefore, an Invitation to Bid (ITB) #27-24 was issued on May 3, 2024, for a Tree Assessment/Inventory Survey. The goal of the assessment and inventory is to determine the age, species, health, and geographic distribution of hardwood trees in the City of Clearwater Rights of Way (ROW). The assessment/inventory will be conducted by surveying approximately 3,000 hardwood trees per year. The City is divided into five zones so that one zone per year will be assessed and surveyed. Zone three will be the first zone to be assessed and surveyed which includes Clearwater Beach and Old Clearwater Bay. The contractor will assess all hardwood trees within the city ROW with a diameter at breast height (DBH) of 6 inches or greater. Palm trees will not be surveyed. Collected data will include location, tree tagging, species, size, and condition rating for all trees. Field observation will be required for all trees receiving a condition rating of zero to two (0-2). Field observation will document more specific attributes like whether wildlife, bees or overhead utilities are present. The results of the survey will be used to determine the scope and budget necessary for tree removal and replacement services for all trees receiving a condition rating of zero as well as potential locations to plant new or replacement ROW trees. The City received six qualified bids with ArborPro, Inc. being the lowest and most responsive bid according to the bid specifications. The contract covers a period of five years, totaling $200,000.00 ($40,000.00 per year), beginning October 1, 2024 and ending September 30, 2029, contingent upon the ongoing provision of services. APPROPRIATION CODE AND AMOUNT: 3157539-530300-M2006 $200,000.00 Funding for this contract is available in Capital Improvement Project 315-M2006, Right of Way Tree Management Program which is funded by annual allocations of General Fund and Central Insurance Internal Service Fund revenues. STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 7/23/2024 File Number: ID#24-0832 4.3 Protect the conservation of urban forests and public green spaces to promote biodiversity and reduce our carbon footprint. 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 7/23/2024 July 5, 2024 NOTICE OF INTENT TO AWARD The Public Works Forestry Division and the Procurement Division recommend award of ITB No. 27-24, Tree Assessment / Inventory Survey, to ArborPro Inc of Yorba Linda, CA, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated cumulative amount of $200,000.00 for the term of five (5) years. This Award recommendation will be considered by the City Council at the July 29, 2024, Work Session (1:30 p.m.) and voted on at the August 1, 2024, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst II at (727) 444-827, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Kelly Rogers Kelly Rogers Procurement Analyst II Zone3 Zone1 Zone5 Zone2 Zone4 Document Path: Z:\arcgisserver\MXD\UrbanForestryBaseMap.mxd Date Saved: 8/4/2023 10:30:15 AM Urban Forestry Zones 5 0 1 2 30.5 Miles Start Here CITY OF CLEARWATER ITB #27-24, TREE ASSESSMENT & INVENTORY SURVEY DUE DATE: JUNE 6, 2024; 10:00 AM BID TABULATION Vendor Unit Total Unit Cost Arborist Abroad Inc Per Tree 10.00$ ArborPro Inc Per Tree 6.45$ Chen Moore and Associates Inc Per Tree 7.47$ Dark Moss LLC d/b/a Dark Moss Per Tree 8.20$ Natural Resources Planning Services Inc d/b/a Legacy Arborist Services Per Tree 8.33$ PlanIT Geo Inc Per Tree 6.75$ REMARKS: Price(s) with star ( ) indicates apparent low bidder, intent to award. 1) Arborist Abroad Inc 2) ArborPro Inc 8611 Vivian Bass Way 22605 E La Palma Ave, Suite 509 Odessa, FL 33556 Yorba Linda, CA 92887813-469-0808 714-694-1924 3) Chen Moore and Associates 4) Dark Moss LLC 3001 North Rocky Point Drive E d/b/a Dark Moss Suite 200 308 E 7th Ave Tampa, FL 33607 Tampa, FL 33602 813-345-5965 813-532-3440 Certified SBE/MBE/DBE 5) Natural Resources Planning Services Inc 6) PlanIT Geo Inc d/b/a Legacy Arborist Services PO Box 1334 PO Box 564 Wheat Ridge, CO 80003 San Antonio, FL 33576 303-214-5067850-570-5963 ADVERTISED: TAMPA BAY TIMES 5/8/2024 POSTED:myclearwater.com 5/3/2024 FOR THE CITY OF CLEARWATER Due/Opening: June 6, 2024; 10:00 a.m. INVITATION TO BID No. 27-24 Tree Assessment / Inventory Survey Solicitation Response Listing v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4630 INVITATION TO BID #27-24 Tree Assessment / Inventory Survey May 3, 2024 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, June 06, 2024, to provide the City a Tree Assessment / Inventory Survey. Brief Description: The City of Clearwater Public Works department is seeking a qualified contractor to perform city street rights-of-way tree assessment / inventory surveys. 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 Assessment / Inventory Survey 2 ITB #27-24 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 Date and Time: Thursday, May 23, 2024, at 2:00pm Location: City of Clearwater Municipal Services Building 100 S Myrtle Ave, 1st Floor Room 130 Clearwater, FL 33756 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: June 06, 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 INSTRUCTIONS Tree Assessment / Inventory Survey 3 ITB #27-24 any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 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 INSTRUCTIONS Tree Assessment / Inventory Survey 4 ITB #27-24 suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. INSTRUCTIONS Tree Assessment / Inventory Survey 5 ITB #27-24 i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.21 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Tree Assessment / Inventory Survey 6 ITB #27-24 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 3, 2024 Advertise Tampa Bay Times: May 8, 2024 Pre-bid Meeting: May 23, 2024 @ 2:00pm Bids due: June 6, 2024 Review bids: June 6 - 14, 2024 Award recommendation: June 17, 2024 Council authorization: July 2024 Contract begins: July 2024 STANDARD TERMS AND CONDITIONS Tree Assessment / Inventory Survey 7 ITB #27-24 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 Assessment / Inventory Survey 8 ITB #27-24 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 Tree Assessment / Inventory Survey 9 ITB #27-24 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 Tree Assessment / Inventory Survey 10 ITB #27-24 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 Tree Assessment / Inventory Survey 11 ITB #27-24 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 Tree Assessment / Inventory Survey 12 ITB #27-24 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 Tree Assessment / Inventory Survey 13 ITB #27-24 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 Tree Assessment / Inventory Survey 14 ITB #27-24 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 Tree Assessment / Inventory Survey 15 ITB #27-24 1. INTRODUCTION. The City of Clearwater (City) is a coastal community on the West Coast of Florida and the third largest city in the Tampa Bay region with an estimated 118,904 residents. Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas County annually and was selected as the “Number One Beach in America” in the 2018 and 2019 TripAdvisor Travelers’ Choice Awards and regularly ranks as a top vacation destination in both domestic and international publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts miles of pristine “sugar sand” beaches, provides a wide variety of casual and fine dining options, and is home to Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for its groundbreaking work in marine rescue, rehabilitation, and release. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment, and community. 2. BACKGROUND. The City of Clearwater (City) has been named a Tree City USA by the Arbor Day Foundation for 42 consecutive years. The Public Works Urban Forestry Division is responsible for keeping the trees in Clearwater healthy and pristine. The division's arborists oversee the City's tree canopy, maintaining more than 60,000 trees. This contract will be to provide a comprehensive tree assessment and inventory of the City’s rights-of-way. 3. SCOPE OF PROJECT. The goal of this assessment and inventory is to help the City gain a full picture of age, species, health, and geographic distribution of the trees within the City. The assessment/inventory consists of approximately 15,000 +/- trees that will be inventoried and assessed over a period of five (5) years. The City will be divided into five (5) zones of approximately 3,000 trees to be assessed/inventoried annually. The data collected of the trees during this project will allow the City to develop a maintenance plan for the trees throughout the City. Only one company shall be selected to perform the required tasks outlined in this solicitation. No subcontractors will be permitted. A map of the City by zone is provided as Exhibit A – Tree Inventory by Zone. The assessment/inventory shall be performed as follows: • Year 1 – Zone 3 • Year 2 – Zone 4 • Year 3 – Zone 5 • Year 4 – Zone 1 • Year 5 – Zone 2 4. SCOPE OF SERVICES. The Contractor shall assess and inventory all hardwood trees with a diameter at breast height (DBH) of six (6) inches or greater located in the City’s rights-of-way. Palms and any species of tree with a diameter less than six (6) inches DBH are not to be assessed or inventoried. The defined collection criteria (each tree will receive the following information, with some exception noted below): (Location) Option A - The Global Positioning System (GPS) location of each tree shall be done with an Environmental Systems Research Institute (ESRI) ArcGIS collector or equivalent ESRI file Geodatabase and within three (3) feet of accuracy. (Location) Option B - The GPS location of each tree shall be done with an ESRI ArcGIS collector or equivalent ESRI file Geodatabase and within three (3) – five (5) feet of accuracy. DETAILED SPECIFICATIONS Tree Assessment / Inventory Survey 16 ITB #27-24 (Tree Tagging) - Each tree will be assigned a number for reference in the inventory software that will correspond with an aluminum tag affixed to the tree. The tag shall be secured with an aluminum nail on the side of the tree facing the street. Aluminum tags and nails will be provided by the City. (Species) - Each tree shall be listed by its common and botanical name provided in the pull-down menu of the inventory software. (Size) - Each tree shall have the DBH recorded in full inches. 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 from the pull-down provided in the inventory software. (Condition Rating) - The condition rating is an assessment of the tree's overall structural strength and systemic health. Elements of structure include: • The presence of cavities, decayed wood, split, cracked, rubbing branches etc. • Branch arrangements and attachments, i.e., well-spaced vs. several branches emanating from the same area on the trunk, codominant stems vs. single leader trunk, presence of branch collars vs. included bark. (Location Considerations) – Identify any tree maintenance required over a road or sidewalk where fourteen (14) foot clearance shall be maintained over roads and a seven (7) foot clearance maintained over sidewalks. Include notes if any high hazards within tree canopy footprint that could result in hazard such as bus stop, electrical lines, fire hydrant or above ground water loop, etc. Elements of systemic health relate to the tree's overall energy system measured by net photosynthesis (food made) vs. respiration (food used). A tree with good systemic health will have a vascular system that moves water, nutrients and photosynthate around the tree as needed. Indicators of a healthy systemic system used in the overall condition rating include: • Live crown ratio (the amount of live crown a tree has relative to its mass) • Crown density (density of the foliage) • Tip growth (shoot elongation is a sign that the tree is making and storing energy) The overall condition rating also takes into consideration the species, appearance, and any unique features. The rating scale is zero to six (0-6) with a zero (0) being a dead tree and a six (6) being a specimen. Vendor shall be entering the condition rating number that best represents the condition of tree at time of inventory on their software. Examples of the tree rating system are as follows: 0- A dead tree. Removal is required. 1- A tree that is in poor health and dying, severely declining, hazardous, or harboring a communicable disease. 2 - A below average tree exhibiting serious structural defects such as codominant stems with included bark at or near the base, large cavities, large areas of decayed wood, crown dieback, cracked/split scaffold branches etc. In addition, a tree with health issues such as low energy, low live crown ratio, serious disease, insect problems, nutritional deficiencies, or soil pH problems. 3- A tree with average structure and systemic health, has average appearance, crown density and live crown ratio worthy of preservation. DETAILED SPECIFICATIONS Tree Assessment / Inventory Survey 17 ITB #27-24 4- A tree above average that has good structure and systemic health with minor problems. The tree should have an attractive appearance and free of any debilitating disease or insect problem. The tree should also have above average crown density and live crown ratio. Mature trees exhibiting scars, old wounds, small cavities, or other problems that are not debilitating can be included in this group, particularly if they possess unique form or other aesthetic amenities relating to their age. A tree with a condition rating of a four (4) is valuable to the property and should be preserved. 5- An outstanding tree with very high live crown ratio, exceptional structure, systemic health, and is free of insect, disease problems or nutritional deficiencies. A tree in this category should have a balanced crown with exceptional aesthetic amenities. The tree should be of a species that possesses characteristics inherent to longevity and withstanding construction impacts. A tree with a condition rating of a five (5) is worthy of significant site plan modification to ensure its preservation. 6- A specimen tree is a tree that possesses a combination of superior qualities in systemic health, structural strength, crown density, live crown ratio, form (balanced crown), overall aesthetic appeal, size, species, age, and uniqueness. A great effort should be made to preserve a specimen tree, including shifting structures that would adversely impact the tree. ln addition, a specimen tree should have an undisturbed area equal to its dripline (equal to the branch spread) to grow in. (Field Observations) – Trees receiving a condition rating of a zero to two (0-2) are the only trees that receive field observations. Field observations for trees receiving a condition rating of zero to two (0-2) include; wildlife present, overhead utilities, bees, etc. This information shall be captured in the Vendor’s inventory software. 4.1 Data Delivery Format Awarded Contractor shall be able to provide all their own hardware and software that is proficient and easily transferrable to an ESRI file Geodatabase. Equipment: Provided by Contractor Software: Esri ArcGIS Collector or similar / equivalent; provided by Contractor The Contractor shall indicate on the Bid Pricing form, page 22 whether they intend to use ESRI ArcGIS or an equivalent alternative. In addition, before the contract is awarded and at any time during the contract period, the City reserves the right to conduct compatibility testing of the Contractor's software with City systems. 4.2 Contractor’s Responsibilities 4.2.1 Safety Requirements and Uniforms The Contractor shall provide all means and measures for their personnel to work safely including, but not limited to, reflective safety vests, vehicle-mounted safety beacons, hard-hats, and/or any other necessary safety equipment or attire. Contractor is responsible for the appearance and conduct of all on-site employees assigned to the City project. While performing fieldwork, the contractor’s personnel and vehicles shall display proper identification, (i.e. shirts and/or jackets, and painted or magnetic signs), supplied by the contractor. DETAILED SPECIFICATIONS Tree Assessment / Inventory Survey 18 ITB #27-24 4.2.2 Payment The Contractor shall guarantee a minimum quality control standard of ninety-five percent (95%) accuracy, per standards adapted from the International Society of Arboriculture (ISA), for all data collected. The Contractor will be paid strictly on a per tree inventoried basis. All time spent on research, mobilization, demobilization, staff meetings, data verification site visits and any other required work, will be the sole responsibility of the contractor, and should be reflected in the price per tree inventoried. Invoices will be subject to verification and approval by the Public Works Department. The Contractor shall submit weekly progress reports to the department designee detailing work completed for that week. Invoices shall be billed on a monthly basis and be in a format to include information required by the City. Information that must be included on invoices includes; billing period dates, number of trees serviced in that billing period with an included range of tree ID tags (i.e. Zone 1, 250 trees with tag ID 1-250). 5. MINIMUM QUALIFICATIONS. Contractor shall have completed a minimum of six (6) tree assessment/inventory projects in Florida similar in scope in the last eight (8) years. Four (4) projects must range from 250-500 trees assessed/inventoried. One (1) project must represent a minimum of 1,000 trees and at least one (1) must represent 1,250-2,000+ trees. In addition, complete the References form provided, indicating the name of the project, address of the project, a date when the tree information was collected, and client contact information of the project (e.g. phone/e-mail address to verify tree assessment/inventory). Copies of the tree assessment/inventory shall be submitted with the bid proposal. Each person employed to collect tree data for this bid proposal shall currently be a certified arborist from ISA at time of proposal submission and have the necessary qualifications for completing tree assessment/inventory data collection. Resumes for each certified arborist shall be included with bid proposal and contain the following information: • Name of ISA certified arborist • Year ISA certified as an arborist and a copy of the current certification • Number of years employed with vendor providing bid proposal • Past employment history for the last five (5) years • Arborist shall provide their proficient experience in identifying trees in Florida • If applicable, provide education and degrees and/or provide information if certified arborist has taught continuing education courses or any other tree related courses: subject matter/year the course was taught and for how many years. • If applicable, a list of ISA continuing education courses 6. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one DETAILED SPECIFICATIONS Tree Assessment / Inventory Survey 19 ITB #27-24 million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the 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. 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. WAIVER OF SUBROGATION – With regard to any policy of insurance that would pay third party losses, Firm hereby grants City a waiver of any right to subrogation which any insurer of Firm may acquire against the City by virtue of the payment of any loss under such insurance. Firm agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless. 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 #27-24 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. DETAILED SPECIFICATIONS Tree Assessment / Inventory Survey 20 ITB #27-24 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 Assessment / Inventory Survey 21 ITB #27-24 1. BEGINNING AND END DATE OF INITIAL TERM. July 2024 through June 2029. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. PRICES. All pricing shall be firm for the contract term except where otherwise provided by the specifications, and include but not be limited to, research, mobilization, demobilization, staff meetings, data verification, site visits, and any other necessary tasks or materials (not provided by the City). The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. BID SUBMISSION Tree Assessment / Inventory Survey 22 ITB #27-24 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 Reference form - Minimum of six (6) tree assessment/inventory projects to include copies of tree assessment/inventory as per 5. MINIMUM QUALIIFCATIONS, page 18 Employee resume for each arborist to be utilized on the project as per 5. MINIMUM QUALIIFCATIONS, page 18 W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Tree Assessment / Inventory Survey 23 ITB #27-24 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to provide Tree Assessment / Inventory Survey to the City of Clearwater at the price(s) stated below. Unit price per tree shall include but not be limited to, research, mobilization, demobilization, staff meetings, data verification site visits and any other necessary tasks to complete the tree assessment/survey. Description Unit Unit Cost Tree Assessment / Survey Per Tree $ Will your company be using an ESRI ArcGIS software? YES: NO: If no, please indicate the software program that you will be utilizing. _______________________________________________________________ _______________________________________________________________ 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 Assessment / Inventory Survey 24 ITB #27-24 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 Assessment / Inventory Survey 25 ITB #27-24 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 Assessment / Inventory Survey 26 ITB #27-24 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 Tree Assessment / Inventory Survey 27 ITB #27-24 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 bid 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 Tree Assessment / Inventory Survey 28 ITB #27-24 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION Tree Assessment / Inventory Survey 29 ITB #27-24 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 Assessment / Inventory Survey 30 ITB #27-24 Instructions: Provide a minimum of six (6) tree assessment/inventory project references with similar scope in the last eight (8) years. Four (4) projects must range from 250-500 trees assessed/inventoried. One (1) project must represent a minimum of 1,000 trees and at least one (1) must represent 1,250-2,000+ trees. Complete and return with bid submittal to include copies of tree assessment/inventory. Reference # 1 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 3 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: REFERENCES Tree Assessment / Inventory Survey 31 ITB #27-24 Reference # 4 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 5 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 6 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Tree Assessment / Inventory Survey 32 ITB #27-24 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #27-24, Tree Assessment and Inventory Survey Due Date: June 6, 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 #27-24, Tree Assessment and Inventory Survey Due Date: June 6, 2024, date, 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 Interoffice Memorandum To: Jennifer Poirrier, City Manager From: Daniel Slaughter, Assistant City Manager CC: Michael Delk; Marcus Williamson; Art Kader; Chuck Lane; Matthew Anderson; Ali Ismailoski; Samantha Moullet Date: 8/28/2023 At the direction of City Council, city staff were directed to review, revise and propose policies to manage Clearwater’s urban forest which consists of approximately 20,000 trees. The City Council Strategic Plan provided direction on the desired outcome of the policy and practices recommended by staff, while balancing resource constraints. The primary objective derived from the City Council Strategic Plan is as follows: Environmental Stewardship: Implement Proactive Solutions and Emerging Technologies for a Sustainable and Resilient Community. Objective 4.3: Protect the conservation of urban forests and public green spaces to promote biodiversity and reduce our carbon footprint. In addition to the above primary objective, staff also believes the following objectives from the City Council Strategic Plan are applicable: Objective 3.1: Support neighborhood identity through services and programs that empower community pride and belonging. Objective 3.3: Inspire citizen participation through civic engagement and volunteerism to build strong, inclusive, and engaged communities. Based on the above, staff recommends the following directives to manage the urban forest: • The City of Clearwater will prioritize the urban forest when addressing the impact of trees on underground utilities, streets, or sidewalks. The City of Clearwater will address conflicts by curving sidewalks, curbs, and rerouting utilities when possible and not cost prohibitive, prioritizing the tree. • The City of Clearwater will conduct a tree survey on a reoccurring bases and maintain an inventory that includes the location, species, and rating of the tree at a minimum. • The City of Clearwater will remove dead and decaying trees rated “0” located in the right of way or easements, City of Clearwater Property, and roadway medians. Prior to removal, the City of Clearwater or vendor contracted by the City of Clearwater will notify the adjoining property owners of the planned removal and the reason for the removal. • The notification process will require staff to 1) make personal contact with a representative of the adjoining property owner, 2) place a door hanger notification at the adjoining property, or 3) attempt to contact a representative of the adjoining property by phone. In addition to above, if the property is in an area represented by a homeowner’s association, the association will also be notified via email by the Neighborhood Services Team. Absent an exigent safety issue, no removal of a tree may commence until either a representative of the adjoining property is contacted, or after 48-hours after all three contact methods are exhausted. • The City of Clearwater may remove a tree on public property that is not rated “0” when there is a life safety issue with approval from the Public Works Director. Additionally, trees that have shared ownership (partially on private property and in the right-of-way), will require the approval of the Public Works Director and only after consultation with the private property owner. • A residential property owner is permitted (at their own risk) to conduct trimming, pruning, and maintenance of trees in a manner allowed by City of Clearwater Community Development Code Article 4, Division 12, of trees located in the right of way adjacent to their property. • The City of Clearwater will address low hanging branches and limbs that create an unsafe condition or interfere with vehicle travel on roadways or pedestrian travel on sidewalks. • The City of Clearwater’s removal of a tree on private property will be limited to life safety or another emergency. The City of Clearwater will conserve the urban forest through the following efforts: • The City of Clearwater seeks to promote the preservation of the urban forest by planting trees at a ratio of five trees planted for every four removed. • When a tree is removed, the City of Clearwater will first seek to plant a new tree at or within reasonable proximity to where a tree has been removed. If that is not possible, a new tree will try to be located within the neighborhood where the tree was removed. As a last resort, if the prior two options are not possible, the tree will be planted within the same urban forest zone where the tree was removed or in a public greenspace. • City staff will conduct initiatives to educate the adjoining property representative and inspire citizen/neighborhood participation in caring for a new tree when a new tree is planted near an adjoining property. • The Neighborhood Services Team, in cooperation with the Public Works Department will create and promote an “adopt-a-tree” program where city staff, homeowner’s associations, and/or residents work in cooperation to plant a tree provided by the City of Clearwater in a proper location on private property, where the resident serves as a steward for the tree and retains responsibility for maintenance of the tree. • The Public Works Department, Neighborhood Services Team, and Public Communications will work cooperatively to produce materials that educate residents on the “right tree, right place” philosophy, how to determine where the resident’s property line and right-of-way are, and encouraging stewardship of community trees. This includes establishing pact agreements with neighborhood associations so they can obtain recognition from the City of Clearwater for being good stewards of community trees in their respective neighborhoods. • City staff will identify a list of approved trees for planting and the maintenance and location criteria for each species. When practical, city staff and the adjoining property owner will work together to select the tree. Only specific species will be permitted to be planted in the right-of-way between the sidewalk and roadway. • The City of Clearwater will continue to meet the requirements to retain recognition as a “Tree City USA” and annually participate in the Arbor Day Tree Giveaway. The City of Clearwater will conduct a communication campaign that informs the public of best practices for planting, maintaining, and protecting the urban forest. To accomplish the policy and practices described above, the Public Works Department will develop additional operational language to implement this directive. The following activities are currently in progress or will be initiated: • Public Works Department is currently re-engaging the previously selected vendor(s) to reinitiate the tree survey/inventory/rating of all trees. The survey will be completed annually in one of five zones, so each zone in inventoried and rated once every five years. The vendor previously completed zone 1 and portions of zone 2. • Public Works Department is currently re-engaging the previously selected vendor to reinitiate the capacity to perform tree & stump removals. • There is currently a posted invitation to bid for vendors to trim/prune city palm trees. • Public Works Department will identify the species of trees that will be provided for planting, the planting conditions for each species, and a plan to procure those species. • Procure a vendor to conduct pruning of trees on city properties and right of ways, including city parks. • Fund tree replacement program, planting of trees (5 plantings per 4 removals) and the annual Arbor Day from the Tree Management Program & the Tree Replacement Program. The available budget and funding sources to support the above activities are as follows: 0101312-530300-10 Hardwood tree removal $191,800 0101312-530300-20 Palm trimming once per year for all palms in ROW/medians/Parks (some twice a year) $188,000 0101312-530300-40 ROW/medians tree trim/prune $182,680 Project M2006 ROW Tree management program, removal of diseased trees/tree inventory $300,000 SP 181-99970 Tree Replacement Program $150,000 TOTAL FUNDING IN 23/24 $1,012,480 In conclusion. the proposed directives include the best practices staff has done in the past and corrects practices that created public concern. The intent of the policy is to refine our process to further protect our urban forest and prioritize the tree. Additionally, the new policies empower residents to care for and extend the lives of nearby trees in the right of way and immediately adjacent to a property. The tree planting activities are designed to maintain our inventory of trees in the City of Clearwater, fulfilling and exceeding the Council’s direction to protect and conserve our urban forest. All the described activities will need to be complimented with a robust community engagement campaign. This directive was constructed from feedback from the Environmental Advisory Board, Parks and Recreation staff, Public Works staff, Neighborhood Services, and other citizen feedback. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0813 Agenda Date: 7/29/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Authorize a purchase order to ICON Supply, Inc. of Tampa FL for the purchase of Yaskawa Variable Frequency Drives in the annual not-to-exceed amount of $200,000.00 for term July 16, 2024 through July 15, 2025, with two, one-year renewals at the City’s discretion pursuant to ITB 42-24 and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) #42-24, Yaskawa Variable Frequency Drives was issued on May 10, 2024. The City received one response from ICON Supply, Inc. of Tampa, FL on June 10, 2024. Public Utilities has reviewed the response and has determined their bid to be responsive and responsible in accordance with the bid specifications. Yaskawa Variable Frequency Drives (VFDs) are installed throughout the Public Utilities water and wastewater system at multiple plants and lift stations. Since 2015, as old units break down or near the end of service life, the city has been working on replacing, maintaining, and installing additional units on an as-needed basis. These VFDs are used to control essential motor and pump speeds to meet optimum conditions and to reduce and/or eliminate electrical waste thereby reducing maintenance requirements, energy consumption, and cost of operation. This award is for the supply, installation, preventative maintenance, and emergency repair services of Yaskawa Variable Frequency Drives for the Public Utilities Department on an as-needed basis. The initial contract period will be July 16, 2024, through July 15, 2025, with the option for two, one-year renewal terms. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY24 are available in Public Utilities’ cost centers, cost code 550400 Operating Supplies and 546200 Repairs & Svc-Other Equip. - $200,000.00 annually. Funding for future fiscal years (FY25 through FY27) will be requested within contract calendar and spending limits. STRATEGIC PRIORITY: Establishing this contract meets the City’s strategic objective of Environmental Stewardship by ensuring our plants and facilities are always operational and running at peak capacity and performance, guarding against potential spills that could negatively impact our surrounding estuaries and community. It also satisfies the strategic objective of High Performing Government by providing a high level of service to our residents and maintaining vital infrastructure. Page 1 City of Clearwater Printed on 7/23/2024 v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4630 INVITATION TO BID #42-24 Yaskawa Variable Frequency Drives May 10, 2024 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, June 10, 2024, to provide Yaskawa Variable Frequency Drives. Brief Description: The City of Clearwater is soliciting sealed bids for the supply, installation, preventative maintenance, and emergency repair services of Yaskawa Variable Frequency Drives for the Public Utilities Department on an as-needed basis. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Milisa Harris Procurement Analyst Milisa.Harris@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS YASKAWA VARIABLE FREQUENCY DRIVES 2 ITB #42-24 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: June 10, 2024 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes $ 0.00 No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to INSTRUCTIONS YASKAWA VARIABLE FREQUENCY DRIVES 3 ITB #42-24 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 YASKAWA VARIABLE FREQUENCY DRIVES 4 ITB #42-24 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 YASKAWA VARIABLE FREQUENCY DRIVES 5 ITB #42-24 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 YASKAWA VARIABLE FREQUENCY DRIVES 6 ITB #42-24 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: 05/10/2024 Advertise Tampa Bay Times: 05/15/2024 Bids due: 06/10/2024 Review bids: 06/10/2024 – 06/14/2024 Award recommendation: June 2024 Council authorization: July 2024 Contract begins: July 2024 STANDARD TERMS AND CONDITIONS YASKAWA VARIABLE FREQUENCY DRIVES 7 ITB #42-24 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 YASKAWA VARIABLE FREQUENCY DRIVES 8 ITB #42-24 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 YASKAWA VARIABLE FREQUENCY DRIVES 9 ITB #42-24 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 YASKAWA VARIABLE FREQUENCY DRIVES 10 ITB #42-24 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 YASKAWA VARIABLE FREQUENCY DRIVES 11 ITB #42-24 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 YASKAWA VARIABLE FREQUENCY DRIVES 12 ITB #42-24 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 YASKAWA VARIABLE FREQUENCY DRIVES 13 ITB #42-24 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 YASKAWA VARIABLE FREQUENCY DRIVES 14 ITB #42-24 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 YASKAWA VARIABLE FREQUENCY DRIVES 15 ITB #42-24 1. INTRODUCTION. The City of Clearwater (City) is a coastal community on the West Coast of Florida and the third largest city in the Tampa Bay region with an estimated 118,904 residents. Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas County annually and was selected as the “Number One Beach in America” in the 2018 and 2019 TripAdvisor Travelers’ Choice Awards and regularly ranks as a top vacation destination in both domestic and international publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts miles of pristine “sugar sand” beaches, provides a wide variety of casual and fine dining options, and is home to Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for its groundbreaking work in marine rescue, rehabilitation, and release. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment, and community. 2. BACKGROUND. Yaskawa Variable Frequency Drives (VFDs) are installed throughout the Public Utilities water and wastewater system at multiple plants and lift stations. Since 2015, as old units break down or near the end of service life, the City has been working on replacing, maintaining, and installing additional units on an as-needed basis. These VFDs are used to control essential motor and pump speeds to meet optimum conditions and to reduce and/or eliminate electrical waste thereby reducing maintenance requirements, energy consumption, and cost of operation. 3. SCOPE OF WORK. The City of Clearwater is soliciting sealed bid(s) for the supply, installation, preventative maintenance, and emergency repair services of Yaskawa Variable Frequency Drives for the Public Utilities Department on an as-needed basis. Services will include but are not limited to, supplying new units and parts, installation, annual preventative maintenance services, and emergency repair services as deemed necessary by City staff. The City reserves the right to amend these parts/services and locations at any time during the term of this contract. A. SUPPLEMENTAL MATERIAL. Exhibit A – Current VFD Inventory has been provided as a reference tool only. The exhibit lists all the current VFDs throughout the City’s Public Utilities system. 4. BRAND NAME. This is a brand name solicitation. It has been determined that only the identified brand name items will satisfy the City’s needs. Interested vendor(s) must provide pricing only on the items named in the specifications, including brand(s) model, item number, etc. Offers of alternate brands, generic or private label items will be grounds for rejection of the submittal. 5. SPECIFICATIONS. The awarded vendor will be required to provide parts and services which are classified into four (4) main categories as outlined below: A. SUPPLYING NEW UNITS. i. Product(s) supplied must be a Yaskawa IQPump1000 (Reference Bid Pricing Form Group 1, page 23-24). The size of the VFD will depend on the location and application setting in which it will be used. ii. All materials supplied to the City must be new. Refurbished materials will not be accepted. iii. Provide equipment in full accordance with the latest rules, regulations, and standards of: a. American National Standards Institute (ANSI) b. National Fire Protection Association (NFPA) 70 c. Underwriters Laboratories, Inc. (UL) d. National Electrical Manufacturers Association (NEMA) • Safety standards for construction and guide for selection, installation, and operation of adjustable speed drive systems. • Enclosures for electrical equipment iv. All VFDs must be provided with a nameplate label on each unit which identifies: a. Manufacturer Name b. Model/ Serial Number DETAILED SPECIFICATIONS YASKAWA VARIABLE FREQUENCY DRIVES 16 ITB #42-24 c. Rated Current or Ampacity d. Service Factor e. Voltage/ Phase Rating B. INSTALLATION. i. Performed Monday- Friday, between the hours of 07:00a.m. – 04:00p.m. EST. ii. Install VFD where indicated, in accordance with manufacturer’s written instructions, NEMA Industrial Control and Systems (ICS) three (3) and complying with recognized industry practices to ensure that the system complies with requirements and services intended purposes. iii. Drives located outdoors must be provided in a NEMA 3R enclosure. iv. Drives located indoors must be provided in a ventilated type 12 enclosure within the space provided per NEMA twelve (12) standards. v. All connections and mechanical fasteners must be accessible and tightened securely after VFD is installed. vi. Vendor must inspect completed installation for physical damage, proper alignment, anchorage, and grounding. vii. Vendor must make any final adjustments to newly installed VFD to ensure proper operation within the system. viii. The VFDs must be controlled and operable from an existing supervisory control and data acquisition (SCADA) system with the conduit, wire, and cabling between the VFDs and the SCADA system by others. The awarded vendor that supplies and installs the VFDs must document the connection of SCADA wiring to the VFDs. ix. The VFDs installation must use existing power wiring and conduit to the extent desired by the vendor provided the installation meets all existing code requirements. Any devices, wiring, cabling, conduit, or other appurtenances that are required for a complete installation other than connection to the SCADA system must be provided by the vendor at no additional cost to the City. Any additional parts that a vendor may require for connection to the SCADA system should be included in Group 3 – Parts and Materials, Parts, and Materials Mark-Up from Cost percentage (%) on the Bid Pricing form. x. Once installation is complete, the vendor must demonstrate proper functioning and installation of the VFD in front of designated City staff to ensure high quality workmanship and that the unit is operating properly. a. Any discrepancies should be documented and reported to City staff and repaired immediately if possible. b. City staff will inspect workmanship prior to technician leaving the site to ensure proper installation and operation of the installed VFD. C. PREVENTATIVE MAINTENANCE (PM). The Vendor must provide all travel, labor, supervision, tools, and materials as may be required to provide complete preventive maintenance and ensure continued operation of all the City’s VFD equipment located throughout the Public Utilities system. i. Vendor must perform all necessary adjustments and servicing required to maintain all systems and equipment in continuous good working condition as outlined by the manufacturer’s recommendations. ii. Vendor must perform all PM tasks annually, based on an annual schedule as agreed upon between the Vendor and Public Utilities’ designated representatives. iii. Vendor must perform all PM services during regular business hours (07:00a.m. – 04:00p.m. EST), Monday through Friday, except City closures (e.g. Holidays, inclement weather, etc.). iv. It is the Vendor’s responsibility to provide a quarterly schedule to the Public Utilities designated representatives at least thirty (30) days in advance of required PM services. v. Vendor must provide monthly PM reports at the end of each month identifying: a. Dates of service DETAILED SPECIFICATIONS YASKAWA VARIABLE FREQUENCY DRIVES 17 ITB #42-24 b. Equipment serviced c. Location of equipment serviced d. Details of parts, materials and equipment replaced e. Technician’s name who performed the work D. EMERGENCY REPAIR SERVICES. The Vendor must be able to perform “emergency on-call” repair service within four (4) hours of notification from the Public Utilities designated representative(s). Vendor must provide all travel, labor, supervision, tools, material, equipment, and parts for VFD equipment. All replacement parts and materials must be approved by an appropriate Public Utilities designated representative before any work is completed. i. Must be available on-call twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year, including Federal and City holidays. ii. Must provide a monthly emergency repair services report at the end of each month identifying: a. Dates of service b. Equipment repaired c. Location of equipment repaired d. Details of parts, materials and equipment replaced as part of the emergency on -call service e. Technician’s name who performed the work 6. TRAINING AND TECHNICAL ASSISTANCE. The Vendor must be able to provide technical support and applications assistance to the City as needed by email or phone. A. Annually, the Vendor or manufacturer must be able to provide, at no additional cost to the City, one (1) full day (eight [8] hours) of on-site training on the operation, best practices, and maintenance for designated Public Utilities personnel. 7. PARTS AND WARRANTY. A. All parts associated with this agreement must meet the manufacturer’s specifications and standards for this type of VFD. B. Vendor must replace all worn parts, failed parts, or suspect to failure parts/identified as intermittently work parts under this agreement in a timely and professional manner. C. All parts provided by the vendor must be new, unused, and meet all applicable original equipment manufacturer (OEM) standards. D. Vendor must provide a minimum of one (1) year warranty against defects of material, services, and workmanship for all repairs in accordance with the Section S.26 – Standard Purchase Terms & Conditions paragraphs regarding warranties. E. Within fourteen (14) calendar days of the City’s request, the vendor must provide a copy of the manufacturer’s warranty for any parts replaced as part of PM or repair services. F. Vendor must keep an updated inventory of all the manufacturer’s recommended spare parts for all VFD sizes installed throughout the Public Utilities system at the vendor’s location or within a four (4) hour driving distance of Clearwater, Florida. The city will accept spare parts shipped straight from Yaskawa. 8. PRICING. A. All necessary labor, incidentals, and materials to install, maintain and replace the VFDs must be included in Vendor’s price listed on BID PRICING Sheet, pg. 24-25 of this solicitation. B. Vendor must be able to provide Installation, PM and Emergency Repair Services for all of the VFD units to which they submit pricing for. Vendors are not required to bid on all VFDs to be deemed responsive. C. Installation, PM, and Emergency Repair Services must be bid on in an hourly rate (/hr.) format. Please refer to Item 9. RATES for further clarification. Parts and Materials Mark-up from Cost should be bid on as a percentage (%). Not to exceed fifteen (15)%. D. The City reserves the right to make multiple awards if it is in the best interest of the City to DETAILED SPECIFICATIONS YASKAWA VARIABLE FREQUENCY DRIVES 18 ITB #42-24 do so. 9. RATES. A. Hourly rate must be provided as a standard rate per person. Number of labor hours billed must not exceed number of hours equipment is being worked on by the awarded vendor. No overtime must be charged unless an emergency arises, and prior written approval has been authorized by the City. B. Vendor agrees to quote charges for services at the actual hourly rates shown on BID PRICING Sheet, pg. 24-25 of this solicitation and must not be governed by any predetermined rates that may be customarily or otherwise used in calculating charges for work performed. C. Work must be performed on a time and materials basis, at prices indicated on BID PRICING Sheet, pg. 24-25 of this solicitation. In no instance will any repairs costing above the original estimate be performed without first notifying the Public Utilities designated representative(s) and providing a supplemental, written estimate indicating additional parts and labor. The Public Utilities designated representative(s) must approve any additional repairs and costs. Any unauthorized work performed will be at the vendor's risk and expense. D. The parts and materials pricing must be based on Vendor’s actual cost plus a percentage mark-up. The City may require proof of Vendor’s cost on any parts or materials. E. Original estimates must be provided prior to performing work and shall include, but not be limited to: i. City contract (provided upon award) ii. Work Order/Quotation number. iii. Itemization of products and/or services with complete description iv. Price per item summary of total cost v. Date of request, requestor’s name, email, and phone number vi. Ship to location and contact person. vii. Approval signature by Public Utilities designated representative(s) 10. INVOICING. A. The Vendor must furnish the Public Utilities designated representative(s) with complete itemized invoices for work performed. All invoices must include, but not limited to the following information: i. Purchase Order Number ii. Labor time and charges iii. Location of work performed and technician iv. Itemized parts and materials at vendor’s cost v. Markup of parts and materials vi. Description of work performed The City requires a receipt/ ticket be submitted with the invoice for all work performed. The receipt must be legibly signed by an authorized Public Utilities designated representative(s) who verified the work was performed correctly and without errors. Invoices that do not include this information will not be paid until all charges are verified and approved. 11. MINIMUM QUALIFICATIONS. A. Vendor must have a minimum of five (5) years’ experience providing VFD maintenance, installation, and repair services. Proof may be required. B. Vendor must perform all work in accordance with all federal, state, and local codes. C. If a VFD manufacturer requires manufacturer authorization of technicians to maintain warranties of VFDs, the vendor must have technicians who are authorized by those manufacturers and must be able to provide proof upon City request. D. Vendor must have prior experience working with the Yaskawa brand name in a similar setting. 12. REFERENCES. Vendor must provide a minimum of three (3) customer references, preferably to municipal utility departments, within the past three (3) years, supplying, installing, and maintaining Yaskawa VFDs with their bid submittal. DETAILED SPECIFICATIONS YASKAWA VARIABLE FREQUENCY DRIVES 19 ITB #42-24 13. DELIVERY. A. Vendor must provide a bill of lading and the operations and maintenance (O&M) manual as deemed necessary by the City. B. Upon receipt of order, Vendor will work with the Public Utilities designated representative(s) to discuss delivery timeframe and an agreed upon installation and/or repair date. C. The locations of the City groups to be served by this contract are presented in the table below. The City reserves the right to add, delete or change locations at any time during the term of this contract. Facility Name Facility Address East Water Reclamation Facility 3141 Gulf to Bay Blvd. Clearwater, FL 33759 Marshall Street Water Reclamation Facility 1605 Harbor Drive Clearwater, FL 33755 Northeast Water Reclamation Facility 3290 State Road 580 Clearwater, FL 34695 Clearwater - RO1 1657 Palmetto Street Clearwater, FL 33765 Clearwater – RO2 21133 US 19 N Clearwater, FL 33765 Clearwater – WTP3 2721 State Road 580 Clearwater, FL 33761 14. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. 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. DETAILED SPECIFICATIONS YASKAWA VARIABLE FREQUENCY DRIVES 20 ITB #42-24 WAIVER OF SUBROGATION – With regard to any policy of insurance that would pay third party losses, Firm hereby grants City a waiver of any right to subrogation which any insurer of Firm may acquire against the City by virtue of the payment of any loss under such insurance. Firm agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless. 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 #42-24 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES YASKAWA VARIABLE FREQUENCY DRIVES 21 ITB #42-24 1. 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. The decision to renew a contract rest solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year renewals possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year, except where otherwise provided by the specifications, and include all transportation, insurance, and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve months change in the Producer Price Index for 11-4501; Speed changers, drives, gears. Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/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 YASKAWA VARIABLE FREQUENCY DRIVES 22 ITB #42-24 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 Bid Pricing Sheet, page 23-24 Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form Minimum of three customer (3) references Warranty information W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING YASKAWA VARIABLE FREQUENCY DRIVES 23 ITB #42-24 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Yaskawa Variable Frequency Drives to the City of Clearwater at the price(s) stated below. The successful vendor(s) will provide these items on an as needed basis. Completed Bid Pricing sheet must be included with your response. Vendor must be able to provide Installation, PM, and Emergency Repair Services for all of the VFD units to which they submit pricing for. Vendors are not required to bid on all VFDs to be deemed responsive. For Group 2 – Labor Rate and Group 3 – Parts and Materials, please indicate whether your company is authorized to work on and able to provide parts and materials on all makes/models of Yaskawa VFDs or if your company is limited to certain makes/models and/or services below. For Group 3, the city will cover any applicable freight expenses for parts required for repairs billed to the Vendor. The invoice must be accompanied by the freight receipt upon completion. Group 1 – Yaskawa VFD’s Item Description Unit Cost IQ1000 – 10HP / Each IQ1000 – 20HP / Each IQ1000 – 30HP / Each IQ1000 – 40HP / Each IQ1000 – 50HP / Each IQ1000 – 60HP / Each IQ1000 – 70HP / Each IQ1000 – 75HP / Each IQ1000 – 100HP / Each IQ1000 – 120HP / Each IQ1000 – 125HP / Each IQ1000 – 150HP / Each IQ1000 – 200HP / Each IQ1000 – 250HP / Each IQ1000 – 300HP / Each IQ1000 - 350HP / Each Group 2 – Labor Rate Installation / Per Hour Preventative Maintenance (PM) / Per Hour Emergency Repair Services / Per Hour Group 3 – Parts and Materials Parts and Materials Mark-up from Cost – Not to exceed 15% % ☐Yes, I can provide services and parts for all makes/models of Yaskawa VFDs. ☐No, I can only provide services and parts for the following models of Yaskawa VFDs: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ BID PRICING YASKAWA VARIABLE FREQUENCY DRIVES 24 ITB #42-24 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 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA YASKAWA VARIABLE FREQUENCY DRIVES 25 ITB #42-24 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 YASKAWA VARIABLE FREQUENCY DRIVES 26 ITB #42-24 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 YASKAWA VARIABLE FREQUENCY DRIVES 27 ITB #42-24 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 YASKAWA VARIABLE FREQUENCY DRIVES 28 ITB #42-24 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 YASKAWA VARIABLE FREQUENCY DRIVES 29 ITB #42-24 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION YASKAWA VARIABLE FREQUENCY DRIVES 30 ITB #42-24 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 YASKAWA VARIABLE FREQUENCY DRIVES 31 ITB #42-24 Instructions: Vendor shall provide with bid a minimum of three (3) customer references, preferably to municipal utility departments, within the past three (3) years, supplying, installing, and maintaining Yaskawa VFD’s. Complete and return with bid submittal. Reference # 1 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 3 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER YASKAWA VARIABLE FREQUENCY DRIVES 32 ITB #42-24 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #42-24, Yaskawa Variable Frequency Drives Due Date: June 10, 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 #42-24, Yaskawa Variable Frequency Drives Due Date: June 10,2024, 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 June 25, 2024 NOTICE OF INTENT TO AWARD Public Utilities Department and the Procurement Division recommend award of ITB No. 42-24, Yaskawa Variable Frequency Drives, to ICON Supply, Inc. of Tampa, Florida, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated annual amount of $200,000, for a period of one (1) year, with two (2), one (1) year renewal options. This Award recommendation will be considered by the City Council at the 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 the City’s Procurement Analyst at Milisa.Harris@myclearwater.com or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Milisa Harris Milisa Harris Procurement Analyst CITY OF CLEARWATER ITB # 42-24, Yaskawa Variable Frequency Drives DUE DATE: June 10, 2024; 10:00 AM BID TABULATION Item No.Description Est. Quantity(UOM)Unit Price(UOM) Total Price 1 IQ1000 - 10HP 1 $1,451.33 $ 1,451.33 2 IQ1000 - 20HP 1 $1,885.80 $ 1,885.80 3 IQ1000 - 30HP 1 $3,034.11 $ 3,034.11 4 IQ1000 - 40HP 1 $4,395.91 $ 4,395.91 5 IQ1000 - 50HP 1 $4,829.72 $ 4,829.72 6 IQ1000 - 60HP 1 $5,689.52 $ 5,689.52 7 IQ1000 - 70HP 1 $6,283.39 $ 6,283.39 8 IQ1000 - 75HP 1 $6,283.39 $ 6,283.39 9 IQ1000 - 100HP 1 $7,316.07 $ 7,316.07 10 IQ1000 - 120HP 1 $8,627.55 $ 8,627.55 11 IQ1000 - 125HP 1 $8,627.55 $ 8,627.55 12 IQ1000 - 150HP 1 $9,521.96 $ 9,521.96 13 IQ1000 - 200HP 1 $12,483.31 $ 12,483.31 14 IQ1000 - 250HP 1 $13,882.31 $ 13,882.31 15 IQ1000 - 300HP 1 $14,996.04 $ 14,996.04 16 IQ1000 - 350HP 1 $16,741.73 $ 16,741.73 17 Installation 1 $175.00 $ 175.00 18 Preventative Maintenance (PM)1 $175.00 $ 175.00 19 Emergency Repair Services 1 $262.00 $ 262.00 20 Parts and Materials Mark-up from Cost 1 30.00% $ 0.30 Total Bid Items 1 – 20: $ 126,661.99 NOTE: Items with a star ( ) indicates intent to award. ICON Supply, Inc. Page 1 of 1 1) ICON Supply, Inc. 12956 N Dale Mabry Hwy Tampa, FL 33618 (813)936-2030 ADVERTISED: TAMPA BAY TIMES 5/15/2024 POSTED:myclearwater.com 5/10/2024 - 6/10/2024 FOR THE CITY OF CLEARWATER Due/Opening: June 10, 2024; 10:00 a.m. INVITATION TO BID No. 42-24 Yaskawa Variable Frequency Drives Solicitation Response Listing Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0851 Agenda Date: 7/29/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve a purchase order to Ferguson Enterprises, LLC of Tampa, FL for Neptune Ultrasonic Meters in the not-to-exceed amount of $278,000.00 for the term of August 20, 2024 through August 19, 2025, pursuant to Clearwater Code of Ordinances Sections 2.563(1)(d), impractical to bid, and 2.563(1)(c), piggyback purchasing, and authorize the appropriate officials to execute the same. (consent) SUMMARY: Neptune Ultrasonic Meters are standardized in the city of Clearwater water distribution system, capturing water consumption for both residential and commercial property applications. Ultrasonic Meters are excellent at low flow measurements having benefits for the city and city customers, while measuring water flow rates accurately at higher usage. Replacing older water meters results in increased revenue by increasing the accuracy in measurement of water used. Standardization of the ultrasonic water meters creates cost saving benefits from an operational and maintenance standpoint, such as no moving parts, low training and maintenance requirements, digital and analog options, and having highly accurate reading capabilities. Standardizations also reduce the required cost from stocking of parts and inventory. Ferguson is the sole authorized Neptune distributor in the State of Florida. Pricing is based off Manatee County Contract No.19-R072004CB (amendment 5) for term August 20, 2024, through August 19, 2025. APPROPRIATION CODE AND AMOUNT: Budgeted funds are available in Public Utilities operating cost centers, cost code 550400 operating supplies and materials to cover the cost of the contract for fiscal year 2024. The Public Utilities Department is funded by Water and Sewer Utility Enterprise Fund revenues. Funding for future fiscal years will be included in the annual budget request. 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 7/23/2024 July 1, 2024 Ms. Kathleen Selby City of Clearwater 1650 N Arcturas Ave Clearwater, FL 33765 Dear Ms. Selby, Please note that Ferguson Waterworks, Inc., is the sole authorized Neptune Distributor with a resell supply agreement in the State of Florida. The geographical area of responsibility assigned to them includes all Counties within the State of Florida. Types: Classes of customers exclusively assigned are: Municipalities, private water companies, contractors, and plumbers. Hence, our Distributor(s) are required to maintain a sufficient inventory of Neptune Water Metering Products to provide customer field servicing. Thank you in advance for your cooperation. Sincerely, Terry D. Gullett Terry D. Gullett Senior Territory Manager Neptune Technology Group, Inc. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0841 Agenda Date: 7/29/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Authorize an assignment of a purchase order from Angelo’s Aggregate Materials LTD dba Angelo’s Recycled Materials (Angelo’s) to Wrangler Holdco Corp dba GFL Solid Waste Southeast LLC (GFL SWS) of St. Petersburg, FL for Yard Waste, Class III Waste, and Construction Demolition Debris Disposal, approve an additional two-year renewal option in the amount of $2,300,000.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Cooperative purchasing and authorize the appropriate officials to execute same. (consent) SUMMARY: On September 2, 2021, Council approved a purchase order to Angelo’s Aggregate Materials LTD dba Angelo’s Recycled Materials (Angelo’s) in a not-to-exceed amount of $3,900,000.00 for the term October 1, 2021 through September 30, 2024, pursuant to a cooperative agreement with the City of Largo under Bid No. 21-B-727. The City of Clearwater was part of the cooperative purchase with the City of Largo. On April 1, 2024, notification was sent to the City informing them that GFL SWS acquired Angelo’s. Solid Waste seeks Council’s authorization to continue services with GFL SWS for the remainder of the term through September 30, 2024, with $732,041.78 remaining in the initial amount of $3,900,000.00. Solid Waste also seeks approval of the additional two-year renewal option in the not-to-exceed amount of $2,300,000.00. This vendor is used by Solid Waste and Recycling for the disposal of yard waste, class III waste, and construction demolition debris. Yard waste is collected by Solid Waste and Recycling and directed to GFL SWS as opposed to the Pinellas County landfill. Additionally, collection of construction debris in Clearwater is an open market where contractors can contract with Solid Waste and Recycling or contract with any registered vendor. When contracted for this service, Solid Waste and Recycling collects the debris and directs it to GFL SWS to be processed for materials that can be recycled. City of Clearwater departments are required to use Solid Waste and Recycling for City of Clearwater construction projects. APPROPRIATION CODE AND AMOUNT: Funding for the current year’s portion of this award is budgeted in the FY23/24 operating budget for Solid Waste/Recycling Utility Enterprise Fund cost codes: ·4242082-543500 (Solid Waste - Residential Collection Dump Fees) ·4242089-543500 (Solid Waste - Roll-Off Collection Dump Fees) Additional funding for departments outside Solid Waste and Recycling will come from various operating cost centers. Funding will be provided by the General Fund for Parks and Recreation, Streets & Sidewalks, Engineering and Urban Forestry. Contract usage by Public Utilities is funded by the Water and Sewer Utility Enterprise Fund and Clearwater Gas will be funded by the Gas Utility Enterprise Fund revenues). Funding for future years will be requested as part of the annual budget process. USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 7/23/2024 File Number: ID#24-0841 This item falls under objective 1.3 (adopt responsive levels of service for public facilities and amenities) within High Performing Government and objective 4.2 (waste reduction practices) within Environmental Stewardship. Page 2 City of Clearwater Printed on 7/23/2024 City Council Meeting Minutes September 2, 2021 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 m Meeting Minutes Thursday, September 2, 2021 6:00 PM Main Library - Council Chambers City Council Page 1 City of Clearwater City Council Meeting Minutes September 2, 2021 Roll Call Present: 5 - Mayor Frank Hibbard, Vice Mayor Hoyt Hamilton, Councilmember David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: Micah Maxwell — Interim City Manager, Michael Delk—Assistant City Manager, Pamela K. Akin - 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. 1. Call to Order— Mayor Hibbard The meeting was called to order at 6:00 p.m. 2. Invocation — Ms. Meredith Olson from Unitarian Universalist of Clearwater 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) — Given. 4.1 Library Card Sign-Up Month Proclamation, September 2021 - Jennifer Obermaier, Library Director 5. Approval of Minutes 5.1 Approve the minutes of the August 19, 2021 City Council Meeting as submitted in written summation by the City Clerk. Vice Mayor Hamilton moved to approve the minutes of the August 19, 2021 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Lisa Lanza spoke in support of the Downtown Development Board's Page 2 City of Clearwater City Council Meeting Minutes September 2, 2021 Downtown Coordination Committee and stated that she does her best to recruit people to visit Downtown. Doug Kelly submitted an email supporting Council's selection for a new city attorney and city manager that was read into the record by the City Clerk (seepage 10). 7. Consent Agenda — approved as submitted. 7.1 Approve a professional services agreement and work order to InVision Advisors, LLC, of Tampa, FL, per Request for Qualifications (RFQ) 51-21 for Owner's Representative Services during construction of Imagine Clearwater (17-0031-EN) in the not-to-exceed amount of$240,000 and authorize the appropriate officials to execute same. (consent) 7.2 Approve a Purchase Order to Arthur J. Gallagher Risk Management Services, Inc. of Orlando, Florida for builder's risk insurance for Imagine Clearwater (17-0031-EN) in the amount of$276,182.00 pursuant to City Code of Ordinances Section 2.563(1)(i), Insurance, and authorize the appropriate officials to execute same. (consent). 7.3 Approve the Contract for Purchase by the City of Clearwater of certain real property located on the southwest corner of N. Martin Luther King Jr. Avenue and Engman Street with a purchase price of$35,000 and total expenditures not to exceed $37,000; authorize the appropriate officials to execute same, together with all other instruments required to affect closing; and approve the transfer of$37,000 from general fund reserves at third quarter to cover the cost of the purchase. (consent) 7.4 Approve the collective bargaining agreement as negotiated between the City of Clearwater and Fraternal Order of Police, Clearwater Officers Bargaining Unit Lodge 10 for Fiscal years 2021/2022, 2022/20237 2023/2024 and authorize the appropriate officials to execute same. (consent) 7.5 Approve the collective bargaining agreement as negotiated between the City of Clearwater and Fraternal Order of Police, Clearwater Supervisors Bargaining Unit for Fiscal years 2021/2022, 2022/20237 2023/2024 and authorize the appropriate officials to execute same. (consent) 7.6 Renew Grant and Financial Assistance Agreement between the Florida Department of Law Enforcement and the City of Clearwater, necessary to facilitate a current mutual aid agreement between the two entities, effective upon execution through June 30, 2022, and authorize the appropriate officials to execute same. (consent) 7.7 Authorize the trade-in to GT Distributors, Inc. of Austin, TX for twenty-one used Glock 42 pistols with 2 magazines, and TruGlo Sights, in the trade-in amount of$5,859.00, Page 3 City of Clearwater City Council Meeting Minutes September 2, 2021 pursuant to City Code of Ordinances 2.623 (6) and (7)(e) Disposal and disposition of surplus tangible personal property, and authorize the appropriate officials to execute same. (consent) 7.8 Approve a contract with the Pinellas County Sheriff's Office, Largo, Florida, in the amount not to exceed $599,530, which includes a contingency, for forensic crime scene processing, latent prints, property and evidence storage, and Pinellas Juvenile Assessment Center services, during the one-year contract period commencing on October 1, 2021 through September 30, 2022 and authorize the appropriate officials to execute same. (consent) 7.9 Approve a Purchase Order to CDW Government, LLC (CDW-G) of Vernon Hills, IL in the amount of$382,110.00 for the purchase of Fortinet hardware, software, and maintenance, pursuant to City Code of Ordinances Section 2.563(1)(c) - Piggyback, and authorize the appropriate officials to execute same. (consent) 7.10Authorize a purchase order to the State of Florida Department of Management Services Contract DMS-08/09-071, for SUNCOM long distance service, State AIN Centranet lines, and toll-free lines, in an amount not to exceed $164,220 for the period October 1, 2021 through September 30, 2022, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Piggyback or Cooperative Purchasing; and authorize the appropriate officials to execute same. (consent) 7.11Authorize a purchase order to Stolze Door Company d/b/a Overhead Door of Clearwater of Clearwater, FI, for maintenance, repair, and replacement of overhead/security doors, in the not-to-exceed amount of$625,000 from May 23, 2021 through March 11, 20267 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Cooperative Contracts and authorize the appropriate officials to execute same. (consent) 7.12Approve a purchase order to Pinellas County Solid Waste Management for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill for the term October 1, 2021 through September 30, 2022 in a not-to-exceed amount of$4,508,000.00, pursuant to Clearwater Code of Ordinance 2.563(1)(a) Single Source, and authorize the appropriate officials to execute same. (consent) 7.13Authorize purchase orders to Angelo's Recycled Materials of St. Petersburg, FL and Consolidated Resource Recovery, Inc of Sarasota, FL for Yard Waste, Class III Waste, and Construction Demolition Debris Disposal in a not-to-exceed amount of 3,900,000.00 for the term October 1, 2021 through September 30, 2024, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Cooperative purchasing and authorize the appropriate officials to execute same. (consent) 7.14Authorize a purchase order to Wastequip Manufacturing Company LLC of Charlotte, NC for the purchase of roll-off containers, compactors, and compactor parts in a Page 4 City of Clearwater City Council Meeting Minutes September 2, 2021 not-to-exceed amount of$1,284,000.00 for term October 1, 2021 through June 2, 2025, pursuant to Clearwater Code of Ordinance Section 2.563 (1)(c) - piggyback contract; and authorize the appropriate officials to execute the same. (consent) 7.15Approve the Restrictive Covenant required by the State of Florida for a Cultural Facilities Grant awarded to Ruth Eckerd Hall, Inc. and authorize the appropriate officials to execute same. (consent) 7.16Reappoint Jeffery W. Smith to the Clearwater Housing Authority Board with a term to expire September 30, 2025. (consent) 7.17Appoint one member to the Environmental Advisory Board with a term to expire September 30, 2025. 7.18Reappoint Camille J. Hebting to the Neighborhood and Affordable Housing Advisory Board with a term to expire September 30, 2025. (consent) 7.19Appoint David Margolis as City Attorney effective October 25, 2021 and approve an Employment Agreement with him. Councilmember Allbritton moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 9438-21 on second reading, amending Sections 2.226 through 2.229, Clearwater Code of Ordinances, to address statutorily mandated changes in Section 420.9076, Florida Statutes (2020), which sets for the requirements for establishing a local Affordable Housing Advisory Committee. Ordinance 9438-21 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9438-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.2 Adopt Ordinance 9478-21 on second reading, annexing certain real property whose post Page 5 City of Clearwater City Council Meeting Minutes September 2, 2021 office address is 3036 Glen Oak Avenue N., Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9478-21 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9478-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.3 Adopt Ordinance 9479-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 3036 Glen Oak Avenue N., Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 9479-21 was presented and read by title only. Vice Mayor Hamilton moved to adopt Ordinance 9479-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.4 Adopt Ordinance 9480-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3036 Glen Oak Avenue N., Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9480-21 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9480-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.5 Adopt Ordinance 9502-21 on second reading, amending Clearwater Code of Ordinance Chapter 2, Article VI, Division 3, Purchasing, by adding Section 2.561(1)(k) and new Subdivision V, Public-Private Partnerships. Ordinance 9502-21 was presented and read by title only. Page 6 City of Clearwater City Council Meeting Minutes September 2, 2021 Councilmember Beckman moved to adopt Ordinance 9502-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9. City Manager Reports 9.1 Appoint eleven members to the Affordable Housing Advisory Committee to include the appointment of a locally elected official and adopt Resolution 21-30. Florida Statute Section 420.9076 states that counties and cities receiving State Housing Initiatives Partnership (SHIP) program funds are required to establish annually an Affordable Housing Advisory Committee (AHAC) and prepare a Local Housing Incentive Strategy (LHIS). The statute further provides that the committee be made up of eleven members and that the City appoint the eleven members by resolution. The eleven members must represent a specific industry or a specific group. The required groups and recommended individuals are listed below: Banking industry/mortgage: Linda Kemp Area of labor engaged in home building: Maria (Gaby) Camacho Advocate for low-income person: Peter Scalia Not-for-profit provider of affordable housing: Kevin Chinault Real estate professional engaged in affordable housing: Lindsay Dicus-Harrison Representative of Employers: Camille Hebting Clearwater resident: Carmen Santiago Member of the local planning agency: Michael Boutzoukas Essential Services representative: Jacqueline Rivera Residential home building: Pierre Cournoyer Locally elected official: TO BE DETERMINED BY CITY COUNCIL The duties of the Affordable Housing Advisory Committee shall include reviewing policies and procedures, ordinances, land development regulations and the City's adopted comprehensive plan and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The LHIS must be submitted to City Council by December 31, 2021, and will encompass the definition, vision, strategic focus areas, and action plan including potential amendments to procedures and existing regulations) in order to facilitate the development of affordable housing in the city. Vice Mayor Hamilton moved to appoint eleven members to the Page 7 City of Clearwater City Council Meeting Minutes September 2, 2021 Affordable Housing Advisory Committee to include Councilmember Kathleen Beckman as the appointed locally elected official. The motion was duly seconded and carried unanimously. Resolution 21-30 was presented and read by title only. Councilmember Allbritton moved to adopt Resolution 21-30. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman CWA Negotiations Update Human Resources Director Jennifer Poirrier said the CWA informed her this afternoon that the minimum wage negotiations passed with an 80% approval rate. Staff will present an agenda item for council approval at the next meeting. Annual Philadelphia Trip The Mayor said Council's annual trip to meet with the Phillies management is scheduled for next week. He said it would be beneficial if the new city manager, Jon Jennings,joined Council in Philadelphia and meet with Phillies management as the City is in the midst of negotiations. Trip arrangements will be included in Mr. Jennings'contract, which the city attorney anticipates being signed by next week. There was council consensus for Mr. Jennings to attend the annual Philadelphia trip. 10. City Attorney Reports — None. 11. Other Council Action — none. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Bunker said he was happy about the successful search for the new city manager and city attorney and looks forward to getting to work. Councilmember Beckman thanked all the candidates who applied for both positions. She said it was both bittersweet and exciting to have new management, opportunities, and perspective in our city. She said the department leaders are top notch and looking to find out how Clearwater becomes more of a leader as municipalities are faced with a multitude of Page 8 City of Clearwater City Council Meeting Minutes September 2, 2021 new challenges. She said it is an exciting time for Clearwater and she encouraged all residents to be well informed and engaged. Councilmember Allbritton said it has been an exciting week and said Baker Tilly did an excellent job on both the city manager and city attorney candidates. He said they are both top of the line individuals and he is looking forward to working with them. Vice Mayor Hamilton said the meeting is bittersweet as the meeting was supposed to be much longer than it is as it was supposed to be Bill Horne's last meeting before he retired. He said Bill is in a better place and that everyone would make sure to check in on Loretta. He complimented his fellow councilmembers for their work in selecting the new city manager and city attorney and said he hoped nobody on the dais tonight will have to go through that exercise again as quality people have been picked. 13. Closing Comments by Mayor 14. Adjourn Mayor Hibbard said this would have been William Horne's last council meeting and tomorrow would have been his last day as city manager. He said he was proud of staff and how they maintained steadfast in their work during the last couple of weeks. He congratulated the Roundtree and Jackson families for their new Habitat homes. The meeting adjourned at 6:25 p.m. 0.94/4,/ Mayor Attest City of Clearwater a City of Clearwater Page 9 CITY COMMISSION LARGO, FLORIDA INVITATION FOR BID Bid #: 21-B-727 Date: May 27, 2021 Competitive sealed bids will be accepted by the City of Largo Office of Performance and Budget, Largo City Hall, located at 201 Highland Avenue, Largo, FL 33770, until 3:00 p.m., local time JUNE 29, 2021 at which time all bids received shall be publicly opened and read aloud in the Office of Performance and Budget, Largo City Hall, for YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL Bids must conform to the Specifications and Instructions to Bidders. Any deviation from the specifications must be shown. The City reserves the right to reject any or all bids received, to waive any irregularities or informalities. If you are interested in bidding, please complete the Invitation for Bid Form(s) and return to this office by the date indicated. Non-conformance with these instructions is grounds for rejection of bid. Late Bids will be rejected. If submitting the bid electronically through on-line services of DemandStar, all documents and attachments must be uploaded by the date and time indicated. Respondents who are e-bidding for the first time are strongly encouraged to contact DemandStar.com at 800-711-1712 or obtain assistance by e-mailing questions to suppliersservices@onvia.com Solicitation responses uploaded to DemandStar.com after the solicitation response due date and time shall not be considered. It is the sole responsibility of the respondent to ensure that it’s solicitation response is uploaded before such date and time. The City is not responsible for delays caused by power outages or internet failures. No exceptions will be made. Questions concerning this Bid should be directed to Joan Wheaton, Procurement Analyst, Office of Performance and Budget at (727) 587-6727. BY ORDER OF THE CITY COMMISSION LARGO, FLORIDA Joan Wheaton, Procurement Analyst Please indicate BID number Office of Performance and Budget on your response envelope. BID and ADDENDUM DOCUMENTS CAN BE DOWNLOADED FROM www.demandstar.com I N D E X INSTRUCTIONS TO BIDDERS 1.Scope.............................................................................................................................1 2.Definitions......................................................................................................................1 3.Preparation of Bids ........................................................................................................1 4.Submission and Receipt of Bids.....................................................................................2 5.Acceptance of Offer.......................................................................................................2 6.Clarification and Addenda..............................................................................................2 7.Firm Prices ....................................................................................................................3 8.Fiscal Non-Funding Clause............................................................................................3 9.Estimated Quantities......................................................................................................3 10.F.O.B. Largo, Florida......................................................................................................3 11.Discounts.......................................................................................................................3 12.Award.............................................................................................................................3 13.Brand Names.................................................................................................................4 14.Variations of Specifications............................................................................................4 15.Material Quality..............................................................................................................4 16.Acceptance of Material...................................................................................................5 17.Timely Delivery...............................................................................................................5 18.Price Changes Re: Contracts.........................................................................................5 19.City Indemnification Re: Patent & Copyright.................................................................5 20.Conflict of Interest..........................................................................................................5 21.Public Entity Crime ........................................................................................................5 22.Options...........................................................................................................................6 23.Subcontracting...............................................................................................................6 24.Taxes.............................................................................................................................6 25.Failure to Bid..................................................................................................................6 26.Additional Information Required.....................................................................................6 27.Manufacturer's Certification............................................................................................6 28.Default of Contract.........................................................................................................7 29.Modification for Changes................................................................................................7 30.Order or Precedence......................................................................................................7 31.Examination of Records.................................................................................................7 32.Occupational Health and Safety.....................................................................................7 33.Safety Clause.................................................................................................................8 34.Hold Harmless................................................................................................................8 35.Qualifications of Bidders.................................................................................................8 36.Disqualification of Bidders..............................................................................................8 37.Licenses and Permits.....................................................................................................8 38.Vendor Site Inspection and Evaluation...........................................................................9 39.Provisions for Other Agencies........................................................................................9 40.Applicable Law and Venue.............................................................................................9 41.Public Record Responsibilities.......................................................................................9 42.Attorney Fees.................................................................................................................9 43.Request for Information..................................................................................................9 SPECIAL CONDITIONS.........................................................................................................10 SPECIFICATIONS.................................................................................................................12 Bid Forms................................................................................................................................... Reference Information................................................................................................................ Statement of No Bid................................................................................................................... Insurance Requirements............................................................................................................ Debarment Certification Form.................................................................................................... CITY OF LARGO, FLORIDA INSTRUCTIONS TO BIDDERS 1.Scope The instructions to bidders and general conditions described herein apply to transactions on material, supplies or services with an estimated aggregate cost of $50,000 or more. 2.Definitions (as used herein) a.The term "Invitation For Bid" means a solicitation of formal sealed bids. The acronym "IFB" means Invitation For Bid. b.The term "bid" means the offer as a price by the bidder. c.The term "bidder" means the offerer. d.The term "Change Order" means a written order signed by the Assistant City Manager or authorized representative directing the vendor to make changes to a contract or purchase order resulting from the IFB. e.The term "City" means the City of Largo, Florida. f.The term "City Commission" means the governing body of the City of Largo. 3.Preparation of Bids a.Bidders are expected to examine the specifications, drawings, and all special and general conditions. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract document, will be accepted as a basis for varying the requirements of the City or the compensation to the vendor. b.The apparent silence of any supplemental specifications as to any details or the omission from it of a detailed description concerning any point will be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship is to be first quality. All interpretations of the specifications shall be made upon the basis of this statement. c.Bids shall be submitted on the Bid Form furnished with the specifications, other forms may be rejected. Unless otherwise stated within the specifications, responses to the IFB should be submitted in DUPLICATE for bid evaluation purposes. d.Each bidder shall furnish the information required by the IFB. The bidder shall sign the IFB and print or type his name, address, and telephone number on the face page and on each continuation sheet thereof on which he makes an entry. e.Unit price for each unit offered shall be shown, and such price shall include packing and shipping unless otherwise specified. A total shall be entered in the "Total" column for each item offered. In case of discrepancy between the unit price and extended price, the unit price 1 will be presumed correct. f.The bidders must state a definite time for delivery of supplies or performance of services. g.Additional or alternate bids, unless specifically requested, will not be accepted. Vendors are urged to inspect their product lines and select one item that will meet or exceed the specifications as given and submit only one bid. h.The bidder should retain a copy of all bid documents for future reference. i.All bids must be signed with the firm name and by an officer or employee having authority to bind the firm by his/her signature as indicated by the Florida Department of State, Division of Corporations (www.su nbiz. org) Proof ot corporate signer must be included with the submttal with the proposal. Use Sunbiz screen shot or include a copy of Corporate Resolution. j. Debarment form must be completed and attached to bid submittal. 4.Submission and Receipt of Bids a.Bids must be received at or before the specified time of opening as designated in the IFB. Bidders are welcome to attend bid opening; however, no award of bid will be made at this time. A bid tabulation will be furnished, upon request. b.Bids shall be submitted in a sealed envelope. The envelope shall show the hour and date specified for receipt of bids, the bid number, and the name and address of the bidder. c.The City of Largo is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by the specified time so that a bid can be considered. Late bids will be rejected. d.Email bids will not be considered; however, bids may be modified by email notice, provided such notices are received prior to the hour and date specified on the bid. Bids submitted by email or FAX will not be accepted. e.Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, vendor(s) will be notified to remove samples, at their expense, within thirty (30) days after notification. Failure to remove the samples will result in the samples becoming the property of the City. f.Failure to follow these procedures is cause for rejection of bid. g.Bids having any erasures or corrections must be initialed by the bidder in ink. Bids shall be signed in ink. All bid amounts shall be typewritten or filled in with ink. h.The City reserves the right to reject any or all bids received, to waive any irregularities in the bids received, or to accept the bid which best serves the interest of the City of Largo. I. Overnight and express mail should not be addressed to the PO Box. 2 5.Acceptance of Offer The signed bid shall be considered an offer on the part of the bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order, Blanket Purchase Order, or other contractual document. 6.Clarification and Addenda Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information pertaining to the Bid shall be made through the City of Largo Office of Performance and Budget. The City shall not be responsible for oral interpretations given by any City employee, representative, or others. The issuance of a written addendum is the only official method whereby interpretation, clarification, and additional information can be given. If any addenda are issued to this Bid, the City will attempt to notify all prospective Bidders who have secured same; however, it shall be the responsibility of each Bidder, prior to submitting the Bid, to check www.demandstar.com or contact the City of Largo Office of Performance and Budget at (727) 587- 6727, to determine if addenda were issued and to make such addenda a part of the Invitation to Bid. 7.Firm Prices The bidder warrants that prices, terms and conditions quoted in his bid will be firm for acceptance for a period of not less than ninety (90) days from the bid opening date unless otherwise specified in the IFB. Such prices will remain firm for the period of performance of resulting purchase orders or contracts which are to be performed over a period of time. 8.Fiscal Non-Funding Clause In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate on the last day of the current fiscal period without penalty or expense to the City. 9.Estimated Quantities Whenever a bid requests prices to be firm for the period of performance, the quantities or usages shown are estimated only with no guarantee made by the City that these quantities shall be purchased. The quantities shown are for the bidders' information only, and the City shall be bound only for actual quantities ordered. 10.F.O.B. Largo, Florida Unless otherwise specified in the IFB, all prices quoted by the bidder must be F.O.B. Largo, Florida with all delivery costs and charges included in the bid price. Failure to do so may cause rejection of bid. 11.Discounts Cash discounts of two percent (2%) will be considered in determining the award. Unless otherwise specified, discounts offering 10 days or more will be taken by the City's Finance Department, with payment being made on the nearest 10th or 25th of the month subsequent to receipt, inspection and acceptance of articles, and receipt of correct invoice(s). 3 12.Award The contract or purchase order shall be awarded by appropriate written notice to the qualified, responsible and responsive bidder whose bid best meets the requirements and criteria set forth in the IFB and as follows: a.The ability, capacity and skill of bidder to perform the contract or provide the service required; b.Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; c.The character, integrity, reputation, judgment, experience and efficiency of the bidder; d.The quality of performance of previous contracts or services; e.The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services; f.The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; g.The quality, availability and adaptability of the supplies or contractual services to the particular use required; h.The ability of the bidder to provide future maintenance and service; i.The number and scope of conditions attached to the bid. j.The City reserves the right to accept or reject any or all bids or part of bids, to waive irregularities and technicalities, and to request re-bids on the material described in the IFB. k.The City also reserves the right to award the contract on such material as the City deems will best serve its interests. l.The City reserves the right to award the contract on a split-order basis, lump-sum or individual-item basis, or such combination as shall best serve the interest of the City unless otherwise specified. m.The City reserves the right to terminate the contract with thirty (30) days written notice of intent. 13.Brand Names If and wherever in the specifications of brand names, make, name of any manufacturer, trade name, or vendor catalog number is specified, it is for the purpose of establishing a grade or quality of material only. When the City does not wish to rule out other competitors' brands or makes, the phrase OR EQUAL is added. However, if a product other than the specified is bid, it is the bidder's responsibility to identify such product in his bid and he must prove to the City that said product is equal to or better than the product specified. Unless otherwise specified, evidence in the form of 4 samples may be requested if the brand being bid is other than specified by the City. Such samples are to be furnished after the date of bid opening only upon request of the City. If samples should be requested, such samples must be received by the City no later than four days after formal request is made. 14.Variations of Specifications For purposes of bid evaluation, the bidder must indicate any variances from our specifications and/ or conditions, no matter how slight. Any deviation from specifications must be explained in complete detail, including any drawings, engineering explanations and effect upon the costs. If variations are not stated in the bid, it will be assumed that the product or service fully complies with the City's specifications. 15.Material Quality All materials used in the manufacture or construction of supplies, materials or equipment purchased and delivered against this contract will be of first quality and not damaged and/or factory seconds. Any materials damaged or not in first quality condition upon receipt will be exchanged within twenty-four (24) hours at no charge to the City. 16.Acceptance of Material The material delivered under this bid shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made, and thereafter is accepted to the satisfaction of the City. It must comply with the terms herein, and be fully in accord with specification and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specification, the City reserves the right to cancel the order upon written notice to the bidder and return product to bidder at the bidder's expense. The City reserves the right to request that the bidder(s) provide a demonstration unit and/or presentation prior to award. 17.Timely Delivery Time will be of the essence for any orders placed as a result of this bid. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on the bid form. 18.Price Changes Re Contracts If this IFB is for an estimated quantity of supplies, etc., versus purchase of a specific quantity of articles or service, consideration in awarding bid for yearly contracts will be given: First to bidder offering firm prices for full contract period; and, Second to bidder offering firm prices subject to market price reduction. 19.City Indemnification RE: Patent & Copyright The Vendor, in accepting this order, agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based 5 thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment therefor by the City. 20.Conflict of Interest The bidder certifies that, to the best of his knowledge or belief, no elected/appointed official or employee of the City of Largo, a spouse thereof or other person residing in the same household, is financially interested, directly or indirectly, in providing the goods or services specified in this bid. Financial interest includes ownership of more than five percent of the total assets or capital stock or being an officer, director, manager, partner, proprietor, or agent of the business submitting the bid or of any subcontractor or supplier thereof providing goods or services in excess of ten percent of the total bid amount. Additionally, the bidder, on company letterhead, must divulge at the time of bid submittal, any relative, other than those already specified, of an elected /appointed official or employee of the City of Largo who has a financial interest, as defined herein, in providing the goods or services specified in the bid. The City, at its sole discretion, will determine whether a conflict exists and whether to accept or reject the bid. Contractors who develop or draft specifications or Statement of Work for Bids/RFP’s are prohibited from competing for that work 21.Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 22.Options When the City requests bids with options regarding the extent of services to be provided, the City requests that all bidders provide a cost breakdown for each option proposed. Although all options may be purchased, some may not. The City reserves the right to decide, at its discretion, which options shall be purchased. Award will be made group by group or in the aggregate, whichever is in the best interest of the City of Largo. During the evaluation, vendors may be required to furnish price sheets their quotes are based on. The City also reserves the right to engage more than one firm, if it is believed that different firms might best serve the City's interests in performing different segments of a particular job. 23.Subcontracting Where proposers do not have the "in-house" capability to perform work desired, or to provide a product as specified, in the Bid, subcontracting may be permitted with prior knowledge and approval of the City. The City must be assured and agree that any proposed subcontractor(s) can 6 perform the work or provide the product at the desired quality and in a timely manner. Therefore, the name of any intended subcontractor(s) should be identified in the bid. 24.Taxes The City of Largo is exempt from local, state, federal or transportation taxes, except excise tax on lubricants and batteries in accordance with Chapter 88-393, Laws of Florida, effective October 1, 1988. Exemption certificates will be provided upon request. 25.Failure to Bid If any vendor does not wish to bid, the Statement of No Bid must be returned. Otherwise, the vendor's name will be removed from the City's mailing list after three "No Bids". 26.Additional Information The apparent low bidder may be required to submit to the City within twenty-four (24) hours of bid opening the following documents: Most recent financial statements of the company; A list of equipment owned; A list of references which may be immediately contacted. 27.Manufacturer's Certification The City reserves the right to request from bidders a separate manufacturer certification of all statements made in the bid. Failure to provide such certification may result in rejection of bid or default termination of contract for which the bidder must bear full liability. 28.Default of Contract In case of default by the bidder or contractor, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 29.Modification for Changes No agreement or understanding to modify this IFB and resultant purchase orders or contract shall be binding upon the City unless made in writing by the Assistant City Manager or authorized representative of the City of Largo. 30.Order or Precedence In the event of an inconsistency between provisions of the IFB, the inconsistency shall be resolved by giving precedence in the following order: a.The schedule; b.Special provisions; c.Instructions to Bidders and General Instructions; 7 d.Other provisions of the contract, whether incorporated by reference or otherwise; and e.The specifications. 31.Examination of Records The bidder shall keep adequate records and supporting documentation applicable to the subject matter of this bid to include, but not be limited to, records of costs, time worked, working papers and/or accumulations of data, criteria or standards by which findings or data are measured, and dates/times of pick-up or delivery. Said records and documentation shall be retained by the bidder for a minimum of one (1) year from the date the bid is completed and accepted by the City. If any litigation, claim, or audit is started before the expiration of the one (1) year period, the records shall be retained until all litigation, claims, or audit findings, involving the records have been resolved. Should any questions arise concerning this bid the City and its authorized agents shall have the right to review, inspect, and copy all such records and documentation during the record retention period stated above; provided, however, such activity shall be conducted only during normal business hours and shall be at City expense. Bidders shall be authorized to retain electronic copies in lieu of original records, if they so desire. Any subcontractor(s) employed by a bidder who is subject to these requirements shall be subject to these requirements and the bidder is required to so notify any such subcontractor(s). 32.Occupational Health and Safety In compliance with Chapter 442, Florida Statutes, any item delivered to the City resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must be maintained by the user agency and must include the following information: a.The chemical name and the common name of the toxic substance. b.The hazards or other risks in the use of the toxic substance, including: 1.The potential for fire, explosion, corrosion, and reactivity; 2.The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 3.The primary routes of entry and symptoms of overexposure. c.The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of over-exposure. d.The emergency procedure for spills, fire, disposal, and first aid. e.A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. f.The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 8 Any questions regarding these requirements should be directed to: Risk and Safety Manager, (727) 587-6774. 33.Safety Clause Any and all work originated from this bid must comply with all applicable safety laws based on any City, County, State and/or Federal regulations. 34.Hold Harmless The parties recognize that the Contractor/Vendor is an independent contractor. The Contractor/Vendor agrees to assume liability for and indemnify, hold harmless, and defend the City, its commissioners, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorney’s fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use, arising out of the execution, performance, nonperformance, or enforcement of the terms and conditions of this Agreement, Invitation for Bid or Request for Proposal, whether or not due to or caused by the negligence of the City, its commissioners, mayor, officers, employees, agents, and attorneys excluding only the sole negligence of the City, its commissioners, mayor, officers, employees, agents, and attorneys. The Contractor’s/Vendor's liability hereunder shall include all attorney’s fees and costs incurred by the City in the enforcement of this indemnification provision. This includes claims made by the employees of the Contractor/Vendor against the City and the Contractor/Vendor hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive termination of this Agreement and shall not be limited by the amount of any insurance required to be obtained or maintained under this Agreement. 35.Qualification of Bidders A bidder may be required, before the award of any contract, to show to the complete satisfaction of the City that he has the necessary facilities, equipment, ability and financial resources to perform the work in a satisfactory manner within the time specified. 36.Disqualification of Bidders Any or all proposals will be rejected if there is any reason for believing that collusion exists among the bidders, and participants in such collusion will not be considered in future proposals for the same work. 37.Licenses and Permits The Contractor shall secure all licenses and permits and shall comply with all applicable laws, regulations and codes as required by the State of Florida, or by the City of Largo. The Contractor must fully comply with all Federal and State Laws and County and Municipal Ordinances and Regulations in any manner affecting the performance of the work. 38.Vendor Site Inspection and Evaluation The City reserves the right to inspect the vendor's site prior to award or at any reasonable time throughout the contract period. 9 39. Applicable Law and Venue This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida without regard to the conflicts or choice of law principals thereof. Each of the parties hereto: (a) irrevocably submits itself to the exclusive jurisdiction of the State of Florida, and agree that venue shall lie exclusively in the Sixth Judicial Circuit Court in and for Pinellas County, Florida for any state court action arising out of this Agreement, and exclusively in the United States District Court for the Middle District of Florida, Tampa Division, for any federal court action arising out of this Agreement; (b) waives and agrees not to assert against any party hereto, by way of motion, as a defense or otherwise, in any suit, action or other proceeding, (I) any claim that is not personally subject to the jurisdiction of the above-named courts for any reason whatsoever, and (ii) any claim that such suit, action or proceeding by any party hereto is brought in an inconvenient form or that venue of such suit, action or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such courts. 40.Provisions for Other Agencies Unless otherwise stipulated by the bidder, the bidder agrees to make available to the Government agencies, departments, and municipalities the bid prices submitted in accordance with said bid terms and conditions therein, should any said governmental entity desire to buy under the proposal. 41.Public Records Responsibilities Pursuant to section 119.0701, Florida Statutes, for any tasks performed by Contractor on behalf of the City, Contractor shall: (a) keep and maintain all public records, as that term is defined in chapter 119, Florida Statutes (“Public Records”), required by the City to perform the work contemplated by this Agreement; (b) upon request from the City’s custodian of public records, provide the City with a copy of the requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the costs provided in chapter 119, Florida Statutes, or as otherwise provided by law; (c) ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion or termination of this Agreement, if Contractor does not transfer the records to the City in accordance with (d) below; and (d) upon completion or termination of this Agreement, (i) if the City, in its sole and absolute discretion, requests that all Public Records in possession of Contractor be transferred to the City, Contractor shall transfer, at no cost, to the City, all Public Records in possession of Contractor within thirty (30) days of such request or (ii) if no such request is made by the City, Contractor shall keep and maintain the Public Records required by the City to perform the work contemplated by this Agreement. If Contractor transfers all Public Records to the City pursuant to (d)(i) above, Contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements within thirty (30) days of transferring the Public Records to the City and provide the City with written confirmation that such records have been destroyed within thirty (30) days of transferring the Public Records. If Contractor keeps and maintains Public Records pursuant to (d)(ii) above, Contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology of the City. If Contractor does not comply with a Public Records request, or does not comply with a Public Records request within a reasonable amount of time, the City may pursue any and all remedies available in law or equity including, but not limited to, specific performance. The provisions of this section only apply to those tasks in which Contractor is acting on behalf of the City. 10 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: Telephone number: (727) 587-6710 ext. 7003 E-mail address: dbruner@largo.com Mailing address: City of Largo, Attn: City Clerk, P.O. Box 296, Largo, Florida 33779-0296 42.Attorney Fees In the event of legal action or other proceeding arising under this Contract, the prevailing party shall be entitled to recover from the adverse party all its reasonable attorneys’ fees and costs incurred by the prevailing party in the prosecution or defense of such action, or in any post- judgment or collection proceedings and whether incurred before suit, at the trial level or at the appellate level. This shall include any bankruptcy proceedings. The prevailing party also shall be entitled to recover any reasonable attorney’s fees and costs incurred in litigating the entitlement to attorneys’ fees and costs, as well as in determining the amount of attorneys’ fees and costs due to the prevailing party. The reasonable costs to which the prevailing party will be entitled include the costs that are taxable under any applicable statute, rule, or guideline, as well as costs of investigation, copying costs, electronic discovery costs, mailing and delivery charges, costs of conducting legal research, consultant and expert witness fees, regardless of whether such costs are taxable under any applicable statute, rule or guideline. 43.Request for Information Information may be obtained from the Office of Performance and Budget, (727) 587-6727, or from the individual listed on the IFB cover letter. 11 CITY OF LARGO, FLORIDA SPECIAL CONDITIONS FOR YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID # 21-B-727 1.Intent In accordance with the enclosed specifications, it is the intent of the City of Largo to receive bid proposals for for a disposal facility for the items as described in the specifications. This bid is a Cooperative Bid for the City of Largo, City of Dunedin, City of Clearwater, and City of Treasure Island (for yard waste only). This facility must have approval from Pinellas County for recycling the majority of these materials. 2.Manufacturer's Reference Any such references, by brand or trade name or catalog number, are used for the purpose of describing the establishing general quality and performance levels. Unless otherwise stated in the bid section, consideration will be given for any product which meets or exceeds the quality of performance of the specification. Vendors are required to state exactly what they intend to furnish as provided in the proposal section, otherwise they shall be required to furnish the item as specified. 3.Warranty Failure by a manufacturer's authorized dealer to render proper warranty service/adjustments including providing a copy of the warranty work order to the City, shall subject that dealer to suspension from the City's approved vendor listing until satisfactory evidence of correction is presented to the Office of Performance and Budget. Payment will not be withheld pending warranty repairs and adjustments. 4.Acceptance Delivery of equipment does not constitute acceptance for the purpose of payment. Final acceptance and authorization of payment shall be given only after thorough inspection indicates that the item meets specifications and conditions listed herein. Should the delivered equipment differ in any respect from specifications payment will be withheld until such time as the vendor takes necessary corrective action. If the proposed corrective action is not acceptable, the Office of Performance and Budget may authorize recipient to refuse final acceptance of the time, in which case the item shall remain the property of the vendor and the City shall not be liable for payment for any portion thereof. 5.Delivery 12 Bidders are cautioned that when stating delivery time, they are required to be as realistic as possible. as failure to deliver at stated may result in their removal from the City's bid list. 6.Performance Evaluation: Equipment and Vendor All equipment supplied to the City of Largo under any purchase order awarded as a result of this Invitation for Bid must be fully operational at the time of delivery, and complete with the specified options, attachments and accessories. Upon delivery, the equipment must perform at a level of effectiveness that would be reasonably expected from comparable unit in the same applications; failure of the equipment to perform acceptably will result in its return to the bidder without any obligation for payment. 7.Vendor Site Inspection and Evaluation The City reserves the right to inspect the vendor's site prior to award or at any reasonable time throughout the contract period. 8.Invoices Invoice copies (one original and one copy) shall be mailed to: City of Largo, Public Works, P.O. Box 296, Largo, Florida 33779-0296. 9.F.O.B. Point All prices quoted shall be F.O.B. destination with all delivery costs and charges included in the bid price. 10.Rejection of Delivery The City reserves the right to refuse delivery of any product which does not meet Federal, State or the specified safety standard. The City reserves the right to cancel any such item(s) on purchase orders and obtain such items from another source, when such items have not been delivered within a reasonable period of time as compared to the time stated in this bid. 11.Period of Contract Contract shall be for a period of three years effective the date of award. 12.Option of Renewal The contract may be renewed for one additional two-year period by mutual agreement only if all prices, terms, and conditions remain the same. 13 CITY OF LARGO, FLORIDA SPECIFICATIONS FOR YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID # 21-B-727 1.Estimated Volume City of Largo: Given monthly and seasonal cycles, the City of Largo's Solid Waste Division will transport approximately 28,000 tons of non-putricible waste annually. These materials will be transported in roll-off trucks, rear-load trucks and claw trucks, Monday through Friday and occasionally on Saturday (if facility is open). City of Dunedin: Given monthly and seasonal cycles, the City of Dunedin will transport approximately 8,000 tons of non-putricible waste annually. These materials will be transported in roll-off trucks, claw trucks and rear-load trucks. Monday through Friday and occasionally on Saturday (if the facility is open). City of Clearwater: Given monthly and seasonal cycles, the City of Clearwater will transport approximately 26,000 tons of non-putricible waste annually. These materials will be transported in roll-off trucks, claw trucks and rear-load trucks, Monday through Friday and occasionally on Saturday (if the facility is open) City of Treasure Island: Given monthly and seasonal cycles, the City of Treasure Island will transport approximately 800 tons of yard waste only annually. These materials will be transported in roll-off trucks, claw trucks and rear-load trucks, Monday, through Friday and occasionally on Saturday (if the facility is open) 2.Definitions The bidder is hereby advised that for the purpose of this bid the following definitions apply: Pure Construction & Demolition Debris Materials generally considered to be not water soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wall board, and lumber: from the construction or destruction of a structure as part of a construction or demolition project, and including rock, soils, tree remains, trees and other vegetative matter which normally results from land clearing or land development petitions for a construction project. Mixing of construction and demolition debris with other types of solid waste, including 14 material from a construction or demolition site which is not from the actual construction or destruction of a structure, will cause it to be classified as other than construction and demolition debris. Yard Waste (Clean) Normal horticultural materials including but not limited to: grass clippings, tree trimmings, branches, stumps, leaves, weeds, and other bi-products of horticultural growth. These materials solely or in combination with less than 5% miscellaneous materials. Yard Waste (Clean in Plastic or Paper Bags) Normal horticultural materials including but not limited to: grass clippings, tree trimmings, branches, stumps, leaves, weeds, and other bi-products of horticultural growth. These materials solely or in combination with less than 20% materials in plastic or paper bags. Class III/Mixed Loads Loads consisting of the following items: couches, bedding, white goods, carpet, glass plastic, pails/buckets, paper, and general household / non-putricible waste . 15 CITY OF LARGO, FLORIDA BID FORM FOR YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID #21-B-727 City of Largo Estimated Annual Price Tonnage Per Ton Total Cost Pure Construction-Demolition Debris 4,000 $$ Yard Waste – Clean 3,000 $$ Yard Waste – Clean w/ material in bags 4,000 $$ Class III/Select Compactor Roll-offs 17,000 $$ Days and Hours of Operation: __________________________________________ List holidays when business is closed: ___________________________________________ ____________________________________________________________________ Round Trip Driving Distance from each Cities facility to the disposal facility: City of Largo: Public Works Complex, 1000 2nd Street SE, Largo, FL 33771 – To Bidders Disposal Site __________________________________________ City of Dunedin: Solid Waste Yard, 1070 Virginia St., Dunedin, FL 34698 – To Bidders Disposal Site __________________________________________ City of Clearwater: Solid Waste Department, 1701 N. Hercules Avenue, Clearwater, Fl 33765 -To Bidders Disposal Site __________________________________________ City of Treasure Island: Public Works, 108th Ave., Treasure Island, FL 33706 – To Bidders Disposal Site ____________________________________________ 16 CITY OF LARGO, FLORIDA BID FORM FOR YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID #21-B-727 PAGE 2 Location of Disposal Site (address): __________________________________________ __________________________________________ ___________________________________________ The undersigned bidder does hereby agree to furnish the City of Largo, Florida, the items listed in accordance with the Specifications shown by the Invitation to Bid to be delivered to the specified site for the price indicated. IT IS BIDDERS RESPONSIBILITY TO CHECK www/demandstar.com FOR FINAL DOCUMENTS AND ADDENDUMS BEFORE SUBMITTAL THIS BID MUST BE SIGNED BY A PERSON AUTHORIZED TO ACT FOR THE COMPANY IN HIS/HER OWN NAME. BIDDER NAME: ADDRESS: PURCHASE ORDER ADDRESS: PHONE NUMBER: COMPANY CONTACT (REP): EMAIL ADDRESS(REP): SIGNATURE: TAX ID# SSN or EIN: 17 CITY OF LARGO, FLORIDA REFERENCE INFORMATION FOR YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID #21-B-727 Organization __________________________________________________________________ Contact Person ________________________________________________________________ Address_______________________________________________________________________ City State Zip_______Phone Number ( ) _____ Project Cost Date Performed ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Organization __________________________________________________________________ Contact Person ________________________________________________________________ Address_______________________________________________________________________ City State Zip_______Phone Number ( ) _____ Project Cost Date Performed ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Organization __________________________________________________________________ Contact Person ________________________________________________________________ Address_______________________________________________________________________ City State Zip_______Phone Number ( ) _____ Project Cost Date Performed ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Organization __________________________________________________________________ Contact Person ________________________________________________________________ Address_______________________________________________________________________ City State Zip_______Phone Number ( ) _____ Project Cost Date Performed ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Organization __________________________________________________________________ Contact Person ________________________________________________________________ Address_______________________________________________________________________ City State Zip_______Phone Number ( ) _____ Project Cost Date Performed ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Representative Typed Name/Title___________________________________________________ Representative Signature ____________________________ Firm________________________ 18 CITY OF LARGO, FLORIDA STATEMENT OF NO BID FOR YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID #21-B-727 IF YOU DO NOT INTEND TO BID ON THIS REQUIREMENT, PLEASE COMPLETE AND RETURN THIS FORM PRIOR TO DATE SHOWN FOR RECEIPT OF BIDS TO: City of Largo, Office of Performance and Budget, Post Office Box 296, Largo, FL 33779-0296. OR EMAIL to jwheaton@largo.com WE, THE UNDERSIGNED, HAVE DECLINED TO BID FOR THE FOLLOWING REASON(S): WE DO NOT OFFER THIS PRODUCT OR EQUIVALENT. SPECIFICATIONS ARE TOO "TIGHT", I.E. GEARED TOWARD ONE BRAND OR MANUFACTURER ONLY (PLEASE EXPLAIN BELOW). UNABLE TO MEET SPECIFICATIONS (PLEASE EXPLAIN BELOW). SPECIFICATIONS UNCLEAR (PLEASE EXPLAIN BELOW). INSUFFICIENT TIME TO RESPOND TO INVITATION TO BID. OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM. UNABLE TO MEET BOND REQUIREMENTS. OTHER (PLEASE SPECIFY BELOW). REMARKS: WE UNDERSTAND THAT IF THE "NO BID" LETTER IS NOT EXECUTED AND RETURNED, OUR NAME MAY BE DELETED FROM THE LIST OF QUALIFIED BIDDERS FOR THE CITY OF LARGO FOR FUTURE PROJECTS. Typed Name and Title __________________________________________________________ Signature ____________________________________________________________________ Company name _______________________________________________________________ Address _____________________________________________________________________ City State Zip Code ___________________ Telephone Number ( ) Fax ( ) _______________________ 19 INSURANCE REQUIREMENTS CHECKLIST FOR BID #21-B-727 Items marked "X" must be provided X General Liability Minimum Limits Required x Commercial General Liability $ 2,000,000 General Aggregate x Occurrence Form $ 1,000,000 Product/Complete Operations Agg. $ 1,000,000 Personal & Advertising Injury $ 1,000,000 Each Occurrence $ X Automobile Liability Owned, Hired & Non-Owned $ 1,000,000 Combined Single Limit per Occurrence X Worker's Compensation Statutory and Employer's Liability $ 100,000 Each Accident $ 500,000 Disease - Policy Limit$ 100,000 Disease - Each employee Professional Liability - Errors & Omissions (*To be completed by Bidder)* Deductible: $ $ Aggregate * Claims Made (Y/N): $ Each Claim * Occurrence (Y/N): * Defense included in Limits (Y/N): Builder's Risk/Installation Floater (* To be completed by Bidder)* Flood Included $ Limit $ 100% of Completed or Installed Value * Transportation Included $ Limit All-Risk Form* Storage Included $ LimitCity Must Be A Named Insured. Copy of Policy Will Be Required. Other $ $ X The Certificate of Insurance must show “The City of Largo, its elected officials and employees” as an additional insured. The Certificate shall bear the requisite endorsements providing that the City is an additional insured and providing for waiver of subrogation by the Vendor/Subcontractor when applicable. X Vendor/Subcontractor shall provide immediate notice of any Vendor/Subcontractor initiated cancellation, non-renewal or adverse change to the policies required to be obtained or maintained pursuant to this RFP/Bid. Vendor/Subcontractor shall immediately forward to the City any notice it receives of cancellation, non-renewal or adverse change to any policy that is initiated by a policy provider(s). X Certificates must identify bid number and bid title. _______Subcontractors must carry same Insurance limits. _______Insurance Carrier should be A rated. _______The City reserves the right to request any additional information it deems necessary, and at a frequency it deems necessary, to confirm the requisite insurance remains in effect, at the required levels, for the duration of any contractual agreement entered into pursuant to this RFP/Bid and/or any Purchase Order issued in accordance with this RFP/Biid Statement of Bidder: We understand the requirements requested and agree to comply fully. Bidder - Authorized Signature A complete copy of this form with original signature must accompany bid. 20 DEBARMENT, SUSPENSION VENDOR RESPONSIBILITY CERTIFICATION FORM The Vendor certifies that neither the Vendor nor any person associated with the Vendor in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of public funds: (a)is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from government transactions by any federal, state or local governmental entity; (b)is presently on the Scrutinized Companies that Boycott Israell List or that is engaged in a boycott of Israel; (c)has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (d)is presently indicted for or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph (b) of this certification; or (e)has within a three-year period preceding this certification had one or more federal, state, or local government public transactions terminated for cause or default. The Bidder certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor about which any of the foregoing paragraphs (a) through (d) are true. __________________________________________ Vendor Name By: ________________________________________ Signature _______________________________________ Printed Name As its: _______________________________________ 21 City Commission AGENDA ITEM REPORT Meeting: City Commission - 20 Jul 2021 Presenter: Michael Gordon, Public Works Staff Contact: Michael Gordon, Solid Waste Manager Ext. 4052 migordon@largo.com TITLE Award Of Bid No. 21-B-727, Yard Waste, Class III Waste And Construction Demolition Debris Disposal, To Angelo's Recycled Materials And Consolidated Resource Recovery, Inc. For A Three (3) Year Period In The Estimated Amount of $900,000 Per Year SUMMARY: The Award of Bid No. 21-B-727 is to two (2) separate vendors effective October 1, 2021 to September 30, 2024 for a three (3) year period pursuant to the terms and conditions contained in the bid document. Both companies that submitted bids (Angel's Recycled Materials and Consolidated Resource Recovery, Inc.) were selected in order to provide flexibility and competitive pricing to the City based on service being provided. The use of both vendors provides multiple disposal points within or near the City limits for Yard Waste, Class III Waste and Construction Demolition Debris, resulting in efficiency of operations in the Solid Waste Division and reduction in fixed expenses such as disposal costs. An annual purchase order secures the prices for three (3) years, but does not guarantee either vendor a specific quantity. In FY 2020, $855,600 was spent on disposal of Yard Waste, Class III Waste and Construction Demolition Debris Disposal. The City of Dunedin, City of Clearwater and the City of Treasure Island are participants on this bid, but are responsible for their own disposal costs. This bid contains a fiscal non-funding clause. BUDGET INFORMATION: BUDGETED AMOUNT: $1,247,000 AVAILABLE AMOUNT: $1,247,000 EXPENDITURE AMOUNT: $900,000.00 Additional Budgetary Information: Funding Source(s): These funds are budgeted in programs ($916,000) Roll-off Collection and ($331,000) Residential Bulk Curbside Collection based upon the projected tonnage of collected materials from historical data. Solid Waste Fund POTENTIAL MOTION / DIRECTION REQUESTED: I MOVE TO APPROVE/DISAPPROVE AWARD OF BID NO. 21-B-727, YARD WASTE, CLASS III WASTE, AND CONSTRUCTION DEMOLITION DEBRIS DISPOSAL, TO ANGELO'S RECYCLED MATERIALS AND CONSOLIDATED RESOURCE RECOVERY INC. FOR A THREE (3) YEAR PERIOD IN THE ESTIMATED AMOUNT OF $900,000 PER YEAR. ATTACHMENTS: Bidsheet-21-B-727 City Commission Directive Tuesday, July 20, 2021 Commission Chamber @ 6:00 p.m. CALL TO ORDER INVOCATION & PLEDGE OF ALLEGIANCE Mayor Woody Brown A CEREMONIAL 1.Proclamation Of July As Recreation And Parks Month 2.Recognition Of Indian Rocks Baptist Church And Indian Rocks Christian School As Sponsor Of Fourth Of July Fireworks 3.Florida Water Environment Association (FWEA) 2021 Collection System Of The Year Award B CITIZEN COMMENT C APPROVAL OF AGENDA/MINUTES 4.Approval Of Agenda - Regular Meeting of July 20, 2021 - APPROVED 7-0 5.Approval Of Minutes – Regular Meeting of June 15, 2021 - APPROVED 7-0 D CONSENT DOCKET (Previously budgeted or administrative matters that require approval by the City Commission.) - APPROVED 7-0 6.Approval Of The Assignment Of A Maintenance Agreement For Stormwater Pipes Located Adjacent To 1159 Clearwater-Largo Road 7.Approval Of The Assignment Of A Maintenance Agreement For Right-Of-Way Improvements Located Adjacent To 1159 Clearwater-Largo Road 8.Award Of The Contract No. 21-B-720, Egret Drive Box Culvert Remediation, To American Empire Builders, Inc. For Construction In The Amount Of $259,999.50 9.Award Of Bid No. 21-B-727, Yard Waste, Class III Waste And Construction Demolition Debris Disposal, To Angelo's Recycled Materials And Consolidated Resource Recovery, Inc. For A Three (3) Year Period In The Estimated Amount of $900,000 Per Year 10.Acceptance Of A Permanent Sidewalk Easement Located At 801 West Bay Drive 11.Approval of Community Development Block Grant Covid-19 Funding (CDBG-CV) Subrecipient Agreement for Society of St. Vincent De Paul South Pinellas, Inc. in the Amount of $236,160 12.Award Of Bid No. 21-B-714, Roof Replacement Public Works Administration, To Allied City Commission Directive - 20 Jul 2021 Roofing, Inc. In The Amount of $287,030 13.Resolution No. 2295 - Amending The 401(A) Defined Contribution Plan And The 457(B) Deferred Compensation Plan To Discontinue The Second Loan Provision Adopted For COVID-19 Relief 14.Renewal Of RFP No.18-P-634, Group Voluntary DMO And PPO Dental Insurance, To United 2021 1, October Beginning Period A One Through For Healthcare, Year September 30, 2022 In The Estimated Amount Of $304,000 15.Renewal Of RFP No. 13-P-446, Group Medical Insurance, For Plan Year October 1, 2021 To September 30, 2022, With Public Risk Management Of Florida Health Trust In The Estimated Amount Of $12,995,400 16.Authorizing The City Manager To Execute An Agreement With Bryant Miller Olive In The Amount Of $140,000 For Legal Services Related To The Issuance Of Debt For The New City Hall Project And The New Parks Building Complex E PUBLIC HEARINGS (Procedure for Public hearings: staff presentation; reading of Ordinance title; public hearing; questions/discussion; City Commission action.) 17.Resolution No. 2291 - Approval Of The 2021-2022 Community Development Block Grant (CDBG) Action Plan - APPROVED 7-0 18.Ordinance No. 2021-61 - Second Reading - Amending Section 2-50 Of The Code Of Ordinances Amending The City's Indemnification Policy For The Defense Of City Officials And Employees - ADOPTED 7-0 F LEGISLATIVE MATTERS (Procedure for legislative matters: staff presentation; public input; City Commission questions/discussion; City Commission action.) 19.Award Of RFP No. 21-P-723 To Collective Water Resources, LLC For The Sustainability And Resilience Plan Consultant Services In The Estimated Amount Of $235,000, Upon Adoption of FY 2022 Budget - APPROVED 7-0 20.Resolution No. 2294 - Establishing the Affordable Housing Advisory Committee (AHAC) - APPROVED 7-0 21.Approval Of The Proposed Property Tax Rate To Be Levied And The Time, Date, And Place For The First Public Hearing For The Property Tax Rate And Budget Adoption For FY 2022 - 5.62 MILLS AND 09/07 PH APPROVED 6-1 (SMITH NAY) 22.Ordinance No. 2021-62 - First Reading - Amending The Code Of Ordinances, Chapter 20 – Solid Waste, To Increase Fees And Clarify Definitions - APPROVED 7-0, P/H ON 08/03 G STAFF REPORTS (Information only, may require City Commission direction by consensus - but does not require formal action by the City Commission. Public input will not be accepted.) 23.Starkey Road Basin Best Management Practices Implementation Project Update - PRESENTATION GIVEN H ITEMS FROM CITY ATTORNEY, COMMISSION, MAYOR, CITY MANAGER City Commission Directive - 20 Jul 2021 ACTION ITEMS 1. Request by Commissioner Smith that news of the Environmental Services Department’s FWEA 2021 Collection System Of The Year Awardbe communicated to the public. 2. Request by Commissioner Smith that the City Commission be provided with the Collective Water Resources PowerPoint presentation. 3. Request by Commissioner Smith that staff communicate to residents and news media when the Dahlia Place project is complete. Updates: Largo - Document Center (civicweb.net) I ADJOURNMENT Any invocation offered at the start of the City Commission meeting shall be the voluntary offering of a private citizen, to and for the benefit of the City Commission. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the City Commission, and the City Commission is not allowed by law to endorse the religious beliefs or views of this, or any other speaker. City Commission AGENDA ITEM REPORT Meeting: City Commission - 02 Jul 2024 Presenter: Andy Henjes Benitez, Public Works Staff Contact: Andres Henjes Benitez, Solid Waste Manager Ext. 4052 ahenjes@largo.com TITLE Award Of The Extension Of The Current Contract For Yard Waste, Class III Waste And Construction Demolition Debris Disposal, To Angelo's Recycled Materials For A (2) Two Year Period From October 1, 2024 Through September 30, 2026 In The Estimated Total of $1,840,000. SUMMARY: The Award of Bid No. 21-B-727 was for two (2) separate vendors effective October 1, 2021 to September 30, 2024 for a three (3) year period pursuant to the terms and conditions contained in the bid document. The Solid Waste Division is currently utilizing a separate contract for services provided by Consolidated Resource Recovery, Inc, one of the two separate vendors. Conditions of the document also provide an option of renewal for an additional two (2) year period at which time pricing can be reviewed based on the current Consumer Price Index (CPI). Angelo's Recycling Material (now referred to as GFL Environmental Inc. - Waste Managment & Environmental Services) has chosen to extend services to all parties involved with the bid at a 5% increase changing the price from $42 per ton to $44.10 per ton beginning October 1, 2024 and ending September 30, 2026. An annual purchase order secures the prices for two (2) years, but does not guarantee either vendor a specific quantity. In FY 2024, an estimated $870,00 will be spent on disposal of Yard Waste, Class III Waste and Construction Demolition Debris. The City of Dunedin, City of Clearwater and the City of Treasure Island are participants on this bid, but are responsible for their own disposal costs. This bid contains a fiscal non-funding clause. BUDGET INFORMATION: BUDGETED AMOUNT: $1,621,200 AVAILABLE AMOUNT: $1,840,000 EXPENDITURE AMOUNT: $920,000 Additional Budgetary Information: Funding Source(s): This memo authorizes the expenditure amount for the first year only. These funds are budgeted in programs ($1,264,200) Roll-off Collection and ($357,000) Residential Bulk Curbside Collection based upon the projected tonnage of collected materials from historical data. Solid Waste Fund CONSISTENT WITH: Sustainability Plan POTENTIAL MOTION / DIRECTION REQUESTED: I MOVE TO APPROVE/DISAPPROVE AWARD OF THE EXTENSION OF THE CURRENT CONTRACT FOR YARD WASTE AND CONSTRUCTION DEMOLITION DEBRIS DISPOSAL, TO ANGELO'S RECYCLED MATERIALS FOR A (2) TWO YEAR PERIOD FROM OCTOBER 1, 2024 THROUGH SEPTEMBER 30, 2026 IN THE ESTIMATED TOTAL AMOUNT OF $1,840,000 ATTACHMENTS: FY 2024 - 2026 Angelo's Contract Extension CITYOF LARGO,FLORIDA BIDFORM FOR YARDTRASH,CLASSI"&CONSTRUCTIONDEMOLITIONDEBRISDISPOSAL BID#21-B-727 mrviVii—V—Oity?dfLargo — Estimated Annual Price ,,7,,7_,, lemma 7 Baden 7 W 101m jaggaggggiagégaaiisnDebrE’f""waizi?do2$44.10 7 $ ‘Ya‘rdWasteZQIeart 3,000 $44.10 $ {Enj?asteijic?leanw/material inbags , 4,000 $44 10 I$ _ClassIll/Select Compactor Roll-offs 17,000 $44.10 $ Days and Hours of Operation:Monday -Friday 7:00am—4:309mSaturday as needed List holidays when business is closed:WM Thanksgiving and Christmas Round Trip Driving Distance from each Cities facility to the disposal facility: City of Largo: Public Works Complex,1000 2’1dStreet SE,Largo,FL 33771 —To Bidders Disposal Site 5 Miles City of Dunedin: Solid Waste Yard,1070 Virginia St,Dunedin,FL 34698 —To Bidders Disposal Site 17 Miles City of Ciearwater: Solid Waste Department,1701 N.Hercules Avenue,Clearwater,Fl 33765 -To Bidders Disposal Site 13 Miles City of Treasure Island: Public Works,108”1Ave.,Treasure Island,FL 33706 —To Bidders Disposal Site _22_Mi|_es 16 CITYOF LARGO,FLORIDA BIDFORM FOR YARDTRASH,CLASSIII&CONSTRUCTIONDEMOLITIONDEBRISDISPOSAL BID#21 -B-727 PAGE 2 Location of Disposal Site (address):Angelo's Recycled Materials 1755 20th Ave.SE Largo FL 33771 The undersigned bidder does hereby agree to furnish the City of Largo,Florida,the items listed inaccordancewiththeSpecificationsshownbytheInvitationtoBidtobedeliveredtothespecifiedsiteforthepriceindicated. ITIS BIDDERSRESPONSIBILITYTO CHECKwww/demandstar.comFORFINALDOCUMENTSANDADDENDUMSBEFORESUBMI'ITAL THIS BID MUST BE SIGNED BY A PERSON AUTHORIZEDTO ACT FOR THE COMPANY INHIS/HEROWN NAME. BIDDER NAME: 7 7 Angelo‘sRecycled Materials 7 7 L ADDRESS:14806 12th St N Lutz FL 33549 777 7 7 7 LPURCHASEORDERADDRESS: 7 71437®712thSt N Lutz FL 33549 7 7 7 7 7 77PHONENUMBER: W (7233817115447 7 77 7COMPANYCONTACT(REP): W AnthonyF911?!(727)7Z?74-Q797‘1Z77777__7\7LL7LL LL ,EMAILADDRESSIREPI3 Afombv@gflenv.com 7 7 L ,L_LSIGNATURE:?mw ?mé 7 7 7TAXID#SSN or EINI 7 59-34484%[f 7 7 ‘7 7 -LL" L 17 City Commission Directive Tuesday, July 2, 2024 Commission Chambers @ 6:00 p.m. CALL TO ORDER INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Chris Johnson A. CEREMONIAL 1. Parks and Recreation Month Proclamation B. CITIZEN COMMENT C. APPROVAL OF AGENDA/MINUTES 2. Approval Of Agenda - Regular Meeting of July 2, 2024 - APPROVED AS AMENDED 7-0 3. Approval Of Minutes – Regular Meeting of June 18, 2024 - APPROVED 7-0 D. CONSENT DOCKET (Previously budgeted or administrative matters that require approval by the City Commission.) - APPROVED AS AMENDED 7-0 4. Award Of Contract No. 24-B-803, Lift Station Flood Plain Mitigation (Lift Station 26), To RTD Construction, Inc. For Construction In The Estimated Amount Of $5,952,232.80 And An Owner Contingency Of $27,553 - APPROVED 7-0 5. Award Of Contract No. 24-B-802, Lift Station Flood Plain Mitigation (Lift Station 19), To RTD Construction, Inc. For Construction In The Estimated Amount Of $3,876,748.90 And An Owner Contingency Of $27,553 - APPROVED 7-0 6. Approval Of The Scope And Fee For Fiscal Year 2024 Resident Project Representative Services By Brown And Caldwell For Lift Station 26, In Accordance With Professional Services Agreement RFQ No. 19-Q-666, In The Estimated Amount Of $62,400 7. Approval Of The Scope And Fee For Fiscal Year 2024 Resident Project Representative Services By Brown And Caldwell For Lift Station 19, In Accordance With Professional Services Agreement RFQ No. 19-Q-666, In The Amount Of $139,740 8. Authorization To Purchase A Trash Compactor From Wastequip In Accordance With Sourcewell Contract # 040621-WQI In The Estimated Amount Of $173,357. 9. Award Of Change Order No. 6 To Biltmore Construction Company, RFQ No. 20-Q-698, For 4th Street NW Reconstruction In Conjunction With The Horizon Project In The Estimated Amount Of $1,643,512 10. Award Of The Extension Of The Current Contract For Yard Waste, Class III Waste And Construction Demolition Debris Disposal, To Angelo's Recycled Materials For A (2) Two Year Period From October 1, 2024 Through September 30, 2026 In The Estimated Total City Commission Directive - 02 Jul 2024 of $1,840,000 - APPROVED 7-0 E. PUBLIC HEARINGS (Procedure for Public hearings: staff presentation; reading of Ordinance title; public hearing; questions/discussion; City Commission action.) 11. Ordinance No. 2024-57 - Second Reading - Calling A Referendum Election Authorizing The Sale Of The Current City Hall - CONTINUED TO 07/16, 7-0 F. LEGISLATIVE MATTERS (Procedure for legislative matters: staff presentation; public input; City Commission questions/discussion; City Commission action.) 12. Renewal Of A Joint Project Agreement Between Pinellas County And The City Of Largo For The Relocation Of A City Reclaimed Water Main For The Whitney Road - Wolford Road Intersection Improvements Project Including Approval Of Additional Funds For The Joint Project Agreement In The Estimated Amount Of $17,446.55 - APPROVED 7-0 13. Award Of Contract No. 24-B-798, Southwest Recreation Aquatic Center Redesign Project, To Weller Pools LLC, For Construction In The Estimated Amount Of $4,970,161 And A 15% Owner Contingency Of $745,524 For An Estimated Total Of $5,715,685 - APPROVED 7-0 14. Approval Of Affordable Housing Density Bonus Agreement With 621 Stremma Rd. Holdings, LLC For A New Rental Development At 621 Stremma Road - APPROVED 6-0 (HOLMES ABSENT) 15. Ordinance No. 2024-35 - First Reading - Amending The City Of Largo Comprehensive Plan To Revise The Sanitary Sewer Sub Element Of The Public Facilities Element And The Capital Improvement Element As Required By State Statute To Improve Water Quality - APPROVED 7-0, P/H AFTER REVIEW BY FLORIDA DEPARTMENT OF COMMERCE 16. Ordinance No. 2024-41: First Reading - Future Land Use Map Amendment For The Property At 3950 East Bay Drive From Residential/Office General (R/OG) And Commercial General (CG) To Commercial General (CG) - APPROVED 7-0, P/H AFTER REVIEW BY COUNTYWIDE PLANNING AUTHORITY G. STAFF REPORTS (Information only, may require City Commission direction by consensus - but does not require formal action by the City Commission. Public input will not be accepted.) None H. ITEMS FROM CITY ATTORNEY, COMMISSION, MAYOR, CITY MANAGER ACTION ITEMS 1. Request by Vice Mayor Gerard that staff provide the details regarding Ms. Rousselle’s property. 2. Request by Commissioner Robinson that staff ensure that there is adequate lighting for event parking at Largo Middle School. To View Updates: Largo - Document Center (civicweb.net) City Commission Directive - 02 Jul 2024 I. ADJOURNMENT Any invocation offered at the start of the City Commission meeting shall be the voluntary offering of a private citizen, to and for the benefit of the City Commission. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the City Commission, and the City Commission is not allowed by law to endorse the religious beliefs or views of this, or any other speaker. City of Clearwater Estimate of Tons for Disposal - 7/10/24 FY 2025 GFL/Angelo's 7/1/23 to 6/30/24 Actual Tons 24,154.37 26,051.13 2082 - Residental Percentage 60.5%14,616.25 17,610.56 67.6% 2083 - Commerical Percentage 0.0%--0.0% 2089 - RollOff 39.5%9,538.12 8,440.57 32.4% Estimated FY25 Increase in Tonage (0.3%~flat)100.3% Projected Tons to be disposed by Vendor Residential 2082 Commercial 2083 RollOff 2089 Total Tons GFL/Angelo's (non-putrescible)14,660 9,567 24,227 Projected Tons to be Disposed 14,660 0 9,567 24,227 Disposal Cost Per Ton by Vendor Residential 2082 Commercial 2083 RollOff 2089 NOTES GFL/Angelo's disposal cost per ton $44.10 $44.10 $44.10 GFL/Angelo's price $44.10/ton ($42/ton per contract previously 5% increase) Total Projected Disposal Costs by Vendor Residential 2082 Commercial 2083 RollOff 2089 Total Cost GFL/Angelo's (non-putrescible)$646,506 $0 $421,905 $1,068,411 Projected Disposal Costs $646,506 $0 $421,905 $1,068,411 Projected PO amounts Residential 2082 Commercial 2083 RollOff 2089 Total GFL/Angelo's (Solid Waste/Recycling)$647,000 $0 $422,000 $1,069,000 GFL/Angelo's (Public Works)$50,000 GFL/Angelo's (Parks & Rec)$30,000 $647,000 $0 $422,000 $1,149,000 annually $2,298,000 2 years 6/1/20-5/31/21 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F0170E57\@BCL@F0170E57 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0852 Agenda Date: 7/29/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Authorize purchase orders to Wastequip Manufacturing Company LLC, of Charlotte, NC, and Wazobia Global LLC, of Orlando, FL, to provide front load containers in a cumulative not to exceed amount of $250,000.00, from September 1, 2024 through August 31, 2025, with two, one-year renewal options at the City’s discretion pursuant to Invitation to Bid (ITB) No. 39-24, Front Load Containers, and authorize the appropriate officials to execute same. (consent) SUMMARY: On May 28, 2024, Procurement Issued ITB 39-24, Front Load Containers and sought vendors to supply the City with front load containers (dumpsters) to support daily operations and its customers. Two responsive and responsible bids were received on June 27, 2024. After full review, Solid Waste and Recycling department is recommending award for the purchase of front load containers to the two respondents as follows: Wastequip Manufacturing Company LLC Item 1: Two cubic yard (2 yd³) slant top Item 2: Three cubic yard (3 yd³) slant top Item 4: Four cubic yard (4 yd³) slant top Item 7: Six cubic yard (6 yd³) slant top Item 8: Six cubic yard (6 yd³) straight top w/doors Item 9: Eight cubic yard (8 yd³) slant top Item 10: Eight cubic yard (8 yd³) straight top w/doors Wazobia Global LLC Item 3: Three cubic yard (3yd³) straight top Item 5: Four cubic yard (4 yd³) slant top Item 6: Four cubic yard (4 yd ³) straight top w/doors Due to the volatile steel market and to ensure continuity of supply, flexibility to use either vendor for items where both parties have submitted bids is requested should the other vendor be unable to perform. APPROPRIATION CODE AND AMOUNT: Funds are available as part of the FY24 operating budgets of the Solid Waste & Recycling Utility Enterprise Fund and is also included in the proposed FY25 operating budgets of the Solid Waste & Recycling Utility Enterprise Fund. Funds are available in cost codes 4242083-550411, Comm Refuse FEL Container, and 4262043-550411, Comm Refuse FEL Container, to fund this contract. USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: This item falls under objectives 1.2 (maintain public infrastructure) and 1.3 (adopt responsive levels of service) within High Performing Government and objective 4.2 (waste reduction practices) within Environmental Stewardship. Page 1 City of Clearwater Printed on 7/23/2024 v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4630 INVITATION TO BID #39-24 Front Load Containers May 28, 2024 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, June 27, 2024, to provide Front Load Containers. Brief Description: The City of Clearwater’s Solid Waste & Recycling Department is soliciting sealed bids to supply the City of Clearwater with Front Load Containers (dumpsters) to support daily operations and its customers. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Milisa Harris Procurement Analyst Milisa.Harris@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Front Load Containers 2 ITB #39-24 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: June 27, 2024 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes $ 0.00 No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to INSTRUCTIONS Front Load Containers 3 ITB #39-24 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 Front Load Containers 4 ITB #39-24 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 Front Load Containers 5 ITB #39-24 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 Front Load Containers 6 ITB #39-24 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: 05/28/2024 Advertise Tampa Bay Times: 06/05/2024 Bids due: 06/27/2024 Review bids: 06/27/2024 – 07/12/2024 Award recommendation: July 2024 Council authorization: August 2024 Contract begins: September 2024 STANDARD TERMS AND CONDITIONS Front Load Containers 7 ITB #39-24 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 Front Load Containers 8 ITB #39-24 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 Front Load Containers 9 ITB #39-24 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 Front Load Containers 10 ITB #39-24 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 Front Load Containers 11 ITB #39-24 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 Front Load Containers 12 ITB #39-24 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 Front Load Containers 13 ITB #39-24 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 Front Load Containers 14 ITB #39-24 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 Front Load Containers 15 ITB #39-24 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. SPECIFICATIONS. The City’s Solid Waste & Recycling Department is soliciting sealed bids to provide the City with front load containers (dumpsters) constructed per the following specifications: • NO laminated steel is to be used • Front, rear, and sides to be constructed with ten (10) gauge steel. o Any steel thickness less than ten (10) gauge shall be listed on EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA, page 21 of this solicitation to be considered. • Bottom to be constructed of seven (7) gauge steel. o Any steel thickness less than seven (7) gauge shall be listed on EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA, page 21 of this solicitation to be considered. • Heavy duty sleeves (gusseted sleeves preferred) • Watertight with drain plug • Reinforced steel top border • Painted with quality primer and rust preventative paint in designated color choice o Paint color choices – dark blue and forest green • Caster pads on all two cubic yard (2 yd³) containers, three cubic yard (3 yd³) containers and four cubic yard (4 yd³) containers • Containers with a slant top lid: two cubic yards (2 yd³), three cubic yards (3y d³), four cubic yards (4 yd³), six cubic yards (6 yd³), eight cubic yards (8 yd³) • Containers with a straight top lid: three cubic yards (3 yd³), four cubic yards (4 yd³) • Containers with a straight top lid w/doors: four cubic yards (4 yd³), six cubic yards (6 yd³), eight cubic yards (8 yd³) • Containers shall be equipped with recommended Safety decals installed onto unit prior to delivery. Reference Exhibit A – Decals For a complete list of containers requested under this solicitation, reference Bid Pricing form, page 20 of the solicitation. 3. PRICING. • Vendor agrees that they are responsible for submitting cost and pricing data which are accurate, complete, current, and in accordance with the terms set forth in this contract with respect to pricing front load containers to the City. • Prices shall be all inclusive. • The City reserves the right to request the vendor’s records to verify the accuracy and appropriateness of the pricing date used to price all orders during the entire term of the contract. DETAILED SPECIFICATIONS Front Load Containers 16 ITB #39-24 4. DELIVERY. • The number of business days for guaranteed delivery after receipt of order shall be stated on the Bid Pricing form, page 20 of the solicitation. Delivery timelines must be realistic, and the Vendor must be capable of meeting designated delivery date(s) for each order placed. • The City will work with Vendor to purchase trailer-load quantities to assist in minimizing vendor’s freight charges. • Delivery shipments shall be rejected which fail to meet any contract specifications stated in this document. In the event that a delivery shipment is rejected by the City, upon notification to the Vendor that the shipment is rejected, the Vendor shall be required to ship a replacement delivery within thirty (30) days from the time of notification. Failure to provide replacement product that meets the bid specifications will constitute failure to comply with the delivery requirements set forth in this document and may be grounds for termination. • The City reserves the right to change quantities and delivery dates at their discretion within a twenty-four (24) hour notice of placing an order. • Vendor shall furnish an itemized delivery ticket complete with unit pricing with each order. • All delivery tickets shall include the Purchase Order number and must be signed by City personnel and a copy shall be left at the delivery location. • The City reserves the right to add or delete locations anytime during the contract period. • Delivery time of day shall be arranged upon placement of order and shall be between the hours of 7:00 AM – 3:00 PM EST, Monday thru Friday excluding all City holidays. • Delivery shall be made to the location indicated: Clearwater Solid Waste & Recycling Facility 1701 N. Hercules Ave. Clearwater FL 33765 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives, or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of DETAILED SPECIFICATIONS Front Load Containers 17 ITB #39-24 Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. WAIVER OF SUBROGATION – With regard to any policy of insurance that would pay third party losses, Firm hereby grants City a waiver of any right to subrogation which any insurer of Firm may acquire against the City by virtue of the payment of any loss under such insurance. Firm agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless. 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 #39-24 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Front Load Containers 18 ITB #39-24 1. BEGINNING AND END DATE OF INITIAL TERM. September 2024 – August 2025 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rest solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), One (1) year renewals possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year, except where otherwise provided by the specifications, and include all transportation, insurance, and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve months change in the Producer Price Index for 101, Iron and Steel. All items Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/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 Front Load Containers 19 ITB #39-24 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 (page 20) Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Front Load Containers 20 ITB #39-24 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Front Load Containers to the City of Clearwater at the price(s) stated below. Unit prices shall be all-inclusive. QUANTITIES STATED ARE ESTIMATES ONLY BASED ON HISTORICAL ANNUAL PURCHASES AND INDICATED FOR BID CALCULATIONS ONLY. ACTUAL PURCHASES WILL VARY. Item Estimated No. Description Unit Price Quantity Total Price 1 Two cubic yard (2 yd3) slant top - caster pads $ 45 Each $ 2 Three cubic yard (3 yd3) slant top - caster pads $ 23 Each $ 3 Three cubic yard (3 yd3) straight top - caster pads $ 4 Each $ 4 Four cubic yard (4 yd3) slant top - caster pads $ 32 Each $ 5 Four cubic yard (4 yd3) straight top – caster pads $ 5 Each $ 6 Four cubic yard (4 yd3) straight top w/ doors – caster pads $ 5 Each $ 7 Six cubic yard (6 yd3) slant top $ 12 Each $ 8 Six cubic yard (6 yd3) straight top w/ doors $ 2 Each $ 9 Eight cubic yard (8 yd3) slant top $ 27 Each $ 10 Eight cubic yard (8 yd3) straight top w/doors $ 6 Each $ Total Bid Vendor can deliver the product within _______ business days from order date. NOTE: The City will work with Vendor to purchase trailer-load quantities to assist in minimizing vendor’s freight charges. DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS: • City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Front Load Containers 21 ITB #39-24 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 Front Load Containers 22 ITB #39-24 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 Front Load Containers 23 ITB #39-24 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 Front Load Containers 24 ITB #39-24 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 Front Load Containers 25 ITB #39-24 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION Front Load Containers 26 ITB #39-24 By signing and submitting this Bid/Proposal/Qualification/Response, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other vendors or potential vendors or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the commodities or services covered by this contract. The Vendor has not influenced or attempted to influence any City employee, officer, elected official, or consultant in connection with the award of this contract. f) It understands the City may copy all parts of this response, including without limitation any documents or materials copyrighted by the Vendor, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. Chapter 119) or other applicable law, subpoena, or other judicial process; provided that the City agrees not to change or delete any copyright or proprietary notices. g) It hereby warrants to the City that the Vendor and its subcontractors will comply with, and are contractually obligated to comply with, all federal, state, and local laws, rules, regulations, and executive orders. h) It certifies that Vendor is not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this matter from any federal, state, or local agency. i) It will provide the commodities or services specified in compliance with all federal, state, and local laws, rules, regulations, and executive orders if awarded by the City. j) It is current in all obligations due to the City. k) It will accept all terms and conditions as set forth in this solicitation if awarded by the City. l) The signatory is an officer or duly authorized representative of the Vendor with full power and authority to submit binding offers and enter into contracts for the commodities or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Front Load Containers 27 ITB #39-24 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #39-24, Front Load Containers Due Date: June 27, 2024, at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #39-24, Front Load Containers Due Date: June 27,2024, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 CITY OF CLEARWATER ITB # 39-24, Front Load Containers NOTE: Highlighted Cell indicates no bid. DUE DATE: June 27, 2024; 10:00 AM BID TABULATION Item No. Description Est. Quantity (UOM) Unit Price (UOM) Total Price Unit Price (UOM) Total Price 1 Two cubic yard (2 yd3) slant top - caster pads 45 $609.00 $ 27,405.00 $745.00 $ 33,525.00 2 Three cubic yard (3 yd3) slant top - caster pads 23 $756.00 $ 17,388.00 $910.00 $ 20,930.00 3 Three cubic yard (3 yd3) straight top - caster pads 4 $0.00 $ - $910.00 $ 3,640.00 4 Four cubic yard (4 yd3) slant top - caster pads 32 $785.00 $ 25,120.00 $1,020.00 $ 32,640.00 5 Four cubic yard (4 yd3) straight top – caster pads 5 $0.00 $ - $1,020.00 $ 5,100.00 6 Four cubic yard (4 yd3) straight top w/ doors – caster pads 5 $0.00 $ - $1,075.00 $ 5,375.00 7 Six cubic yard (6 yd3) slant top 12 $1,244.00 $ 14,928.00 $1,315.00 $ 15,780.00 8 Six cubic yard (6yd3) straight top w/ doors 2 $1,122.00 $ 2,244.00 $1,360.00 $ 2,720.00 9 Eight cubic yard (8 yd3) slant top 27 $1,283.00 $ 34,641.00 $1,550.00 $ 41,850.00 10 Eight cubic yard (8 yd3) straight top w/doors 6 $1,316.00 $ 7,896.00 $1,600.00 $ 9,600.00 Total Bid Items 1 – 10: $ 129,622.00 Total Bid Items 1 – 10: $ 171,160.00 VENDOR 1 Wazobia Global LLC Page 1 of 2 CITY OF CLEARWATER ITB # 39-24, Front Load Containers NOTE: Highlighted Cell indicates no bid. DUE DATE: June 27, 2024; 10:00 AM BID TABULATION SUMMARY ITEM DESCRIPTION VENDOR 1 Wazobia Global LLC 1 Two cubic yard (2 yd3) slant top - caster pads 27,405.00$ 33,525.00$ 2 Three cubic yard (3 yd3) slant top - caster pads 17,388.00$ 20,930.00$ 3 Three cubic yard (3 yd3) straight top - caster pads -$ 3,640.00$ 4 Four cubic yard (4 yd3) slant top - caster pads 25,120.00$ 32,640.00$ 5 Four cubic yard (4 yd3) straight top – caster pads -$ 5,100.00$ 6 Four cubic yard (4 yd3) straight top w/ doors – caster pads -$ 5,375.00$ 7 Six cubic yard (6 yd3) slant top 14,928.00$ 15,780.00$ 8 Six cubic yard (6 yd3) straight top w/ doors 2,244.00$ 2,720.00$ 9 Eight cubic yard (8 yd3) slant top 34,641.00$ 41,850.00$ 10 Eight cubic yard (8 yd3) straight top w/doors 7,896.00$ 9,600.00$ Total Bid Items 1 – 10:129,622.00$ 171,160.00$ NOTE: Items with a star ( ) indicates intent to award. July 12, 2024 NOTICE OF INTENT TO AWARD The Solid Waste Department and the Procurement Division recommend award of ITB No. 39-24, Front Load Containers, to the lowest most responsible bidders, in accordance with the bid specifications, in the estimated annual amount of $250,000.00 for a period of one (1) year, with two (2), one (1) year renewal options. Wastequip Manufacturing Company LLC Item 1: Two cubic yard (2 yd³) slant top Item 2: Three cubic yard (3 yd³) slant top Item 4: Four cubic yard (4 yd³) slant top Item 7: Six cubic yard (6 yd³) slant top Item 8: Six cubic yard (6 yd³) straight top w/doors Item 9: Eight cubic yard (8 yd³) slant top Item 10: Eight cubic yard (8 yd³) straight top w/doors Wazobia Global LLC Item 3: Three cubic yard (3yd³) straight top Item 5: Four cubic yard (4 yd³) slant top Item 6: Four cubic yard (4 yd ³) straight top w/doors This Award recommendation will be considered by the City Council at the July 29, 2024, Work Session (1:30 p.m.) and voted on at the August 1, 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 @ Milisa.Harris@myclearwater.com or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Milisa Harris Milisa Harris Procurement Analyst 1) Wastequip Manufacturing Company LLC 2) Wazobia Global LLC 6525 Carnegie Blvd., Suite 300 6562 Taxiway Circle Charlotte, NC 28211 Orlando, FL 32822 ADVERTISED: TAMPA BAY TIMES 6/5/2024 POSTED:myclearwater.com 05/28/24 - 06/27/24 FOR THE CITY OF CLEARWATER Due/Opening: June 27, 2024; 10:00 a.m. INVITATION TO BID No.39-24 Front Load Containers Solicitation Response Listing Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0880 Agenda Date: 7/29/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Cancel the October 14, 2024 work session and the October 16, 2024 council meeting. (consent) SUMMARY: Staff is requesting to cancel the October 14, 2024 work session and the October 16, 2024 council meeting to accommodate Council’s trip to Nagano, Japan. The Sister City relationship with the City of Nagano was established in 1959 and is one of the oldest relationships in Florida. This year’s trip marks the 65th anniversary. Page 1 City of Clearwater Printed on 7/23/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0833 Agenda Date: 7/29/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Approve a feasibility study with NewGen in a not-to-exceed amount up to $504,000. SUMMARY: Every ratepayer in Florida receives electricity from one of three distributors: either the electric utility is municipally owned, or it is an investor-owned utility (IOU), or it is a non-profit electric cooperative. The Public Service Commission (PSC) grants each utility, regardless of ownership, a monopoly to serve as the sole distributor of electricity within a given service area. Water utilities and natural gas utilities operate in a similar way. To enable private IOU’s to access, and often excavate, the public right-of-way, IOU’s typically enter into franchise agreements with local governments. These agreements can be customized in several ways, including provisions relating to franchise fees, tree trimming, and municipal buy-out’s of the IOU. Many franchise agreements also prohibit the city or county from creating their own utility during the term of the agreement. In December 1995, the City granted a 30-year electric franchise to the Florida Power Corporation. Florida Power was a Florida company. However, the franchise agreement allowed Florida Power to freely assign and transfer their rights to different entities. In the years that followed, Florida Power was acquired by Duke Energy, a publicly traded North Carolina company. Duke Energy has provided local electric service since 2012. City staff are aware of local media interest involving Duke Energy. For ease of reference, staff has provided Council with a list of local stories. As the 30-year franchise nears its conclusion, it is time for the City to consider the future of electricity in Clearwater. For a variety of legal and technical reasons, it is unlikely the City will be able to join a non-profit cooperative such as the Withlacoochee River Cooperative, which services much of Pasco County, or the Peace River Electric Cooperative, which services much of Manatee County. However, the City does have the option to provide electric service directly to Clearwater residents and businesses, similar to the way that Clearwater operates its water and sewer utility and the Clearwater Gas Company (CGS). If Clearwater elects to municipalize, it will join 33 other municipally owned electric utilities in Florida. Examples of varying population sizes and topography include Bartow, Jacksonville, Key West, Lakeland, Leesburg, New Smyrna Beach, Ocala, Orlando, Tallahassee, Wauchula, and Winter Park. Alternatively, Clearwater can sign a franchise agreement with Duke Energy. To make an informed decision, staff recommends NewGen Strategies & Solutions. NewGen brings decades of experience interacting with electric utilities, and the credibility of recent studies recommending municipalization (e.g. San Diego) and studies recommending against it (e.g. Chicago). The cost of the study, which will not exceed $504,000, equates to 4.8% of one year of franchise fees the City receives from its franchise agreement. The study costs will be paid through available special program funds. If approved by Council, NewGen will advise the City as to the infrastructure needed and probable costs. If municipalization proves financially wise for both the City and for ratepayers, NewGen will offer a sensible process map that recommends a seamless transition for customers. In addition, the study, in collaboration with City staff, will endeavor to answer other important questions: •Rates and affordability - can the City offer lower rates or cost savings to its residents and businesses? •Property taxes - will the revenue from electric service allow the City to reduce its dependence on Page 1 City of Clearwater Printed on 7/23/2024 File Number: ID#24-0833 millage, thereby easing the tax burden on property owners? •Efficiency - will municipalization create a more efficient government through economy of scale and enhanced coordination with CGS and the City’s other utilities? •Customer service - can the City's existing utility customer service framework provide more responsive service for Clearwater businesses and residents? The Tampa Bay Times has reported that Duke had 9x the number of customer complaints, per capita, last year, as Florida Power & Light. •Public safety - can municipalization improve public safety by allowing the Clearwater Police Department to manage electric service during a police SWAT response, or by allowing the Clearwater Fire Department to disconnect electricity when responding to fires? Will local substations be more secure or less secure with the City deciding appropriate security measures? •Staffing - will the City be well positioned to care for Duke's linemen and other employees, especially those who work or live in the City, during and after the transition? •Undergrounding - as the number and severity of hurricanes continue to increase, is the City more likely or less likely than Duke to invest its profits in undergrounding? •Tree removal - in places where undergrounding is impractical, is the City more likely or less likely than Duke to preserve the City’s tree canopy? The study will take approximately nine months, culminating in a final public report to the City Council. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will establish special program M2403, Feasibility Study, recognizing a budget increase of $504,000 of unallocated special program fund reserves to fund this purchase order. STRATEGIC PRIORITY: This furthers the strategic plan supporitng the following objectives: High Performing Government: objectives 1.1 and 1.5 Economic Development: objectives 2.1 and 2.4 Community Well-Being: objectives 3.2 and 3.4 Environmental Stewardship: objectives 4.1, 4.2, and 4.4 Page 2 City of Clearwater Printed on 7/23/2024 PUBLIC POWER FOR YOUR COMMUNITY 7 More than 2,000 cities and towns in the United States light up their homes, businesses and streets with “public power–electricity that comes from a community-owned and -operated utility. Public power utilities are like our public schools and libraries: a division of local government, owned by the community, run by boards of local officials accountable to the citizens. Most public power utilities are owned by cities and towns, but many are owned by counties, public utility districts, and even states. While each public power utility is different, reflecting its hometown characteristics and values, all have a common purpose: providing customers in the community with safe, reliable, not-for-profit electricity at a reasonable price while protecting the environment. Public power today is an important contemporary American institution. From small towns to big cities, wherever public power exists, it is an expression of the American ideal of local people working together to meet local needs. It is a manifestation of local control. Who does public power serve? • More than 2,000 community-owned electric utilities serve more than 48 million people.1 • Public power utilities serve small communities as well as large cities, including Los Angeles, San Antonio, Nashville, Orlando and Seattle. • Public power serves customers in 49 states–all but Hawaii–and five U.S. territories. • Three million businesses receive their power from a publicly owned electric utility. 1 Based on U.S. Census Bureau statistics of 2.54 people per household/meter. What is Public Power? • Brings electricity to homes and businesses • May generate and/or buy power • Is a not-for-profit entity • Is owned by the community • Is usually a division of local government • Is transparent (subject to sunshine laws) • Involves citizens in decision-making A public power utility: 8 PUBLIC POWER FOR YOUR COMMUNITY What are the other utility ownership structures? There are three types of electric utilities: public power, rural electric cooperatives and investor-owned utilities. Public power utilities are entities of local or state government. The public power business model is based on public ownership and local control, a not-for-profit motive, and focus on its customers. Because they are public entities, public power utilities do not pay federal income taxes or most state taxes, but they support the local government through payments in lieu of taxes or transfers to the general fund. Electric cooperatives are private, not-for-profit businesses. They are owned by their consumer-members, who elect governing board members and are required to return any excess revenue (above what is needed for operating costs) to their members. The local government and broader community generally have no involvement in the governance of the utility. Most electric cooperatives are exempt from federal income tax, and may pay neither taxes nor payments-in-lieu-of-taxes to support the local government. Investor-owned utilities are private, for-profit enterprises. They are owned by investors or shareholders, who generally are not customers of the utility or members of the community, and their primary motivation is to increase the value to shareholders. As private businesses, investor-owned utilities do pay taxes to local governments, but customers have no voice in the operation of the utility. Three types of Electric Utilities BUSINESSMODEL REGULATED BY STATE PUBLIC UTILITY COMMISSION GOVERNED BY FINANCIAL CONTRIBUTION TOLOCAL GOVERNMENT Not for profit, Not for profit, For profit,community-owned member-owned share-holder owned Very limited instances Some All Elected/appointed boards– Member-elected boards Private boardsmayors, city council members,citizens Exempt from most taxes; instead May neither pay taxes nor other Pay taxes to localmake payments in lieu of taxes contributions to local government governmentor transfers to the general fund PUBLIC POWER UTILITIES RURAL ELECTRIC COOPERATIVES INVESTOR-OWNED UTILITIES 1 IN 7 ELECTRICITY CUSTOMERS IN THE U.S. ARE SERVED BY PUBLIC POWER PUBLIC POWER FOR YOUR COMMUNITY 9 What is the Public Power Business Model? While each community-owned utility is unique, all public power utilities share five basic tenets that comprise the public power business model: Public Ownership Public power utilities are owned by and operated for the citizens they serve and therefore are accountable to their local owners. Local Control Local, independent regulation and governance gives utility policymakers greater agility in decision-making and protects the long-term viability of the utility, while permitting customer involvement in the process. This ensures decisions reflect the values of the community. Nonprofit Operations Community-owned electric utilities serve only the interest of their customers, avoiding conflicts between the interests of shareholders and customers because they are one and the same. Excess revenues stay in the local community and are invested in system improvements and utility reserves, shared with the local government, or returned to the customer in the form of lower rates. They are not distributed among outside shareholders, as they are in the case of for-profit utilities. Low-Cost Structure Public power utilities have access to lower cost tax-exempt financing and generally have stronger credit ratings than privately owned utilities. Publicly owned utilities may have more efficient operations and access to less expensive federal hydro power. Customer Focused Community-owned electric utilities are dedicated to the singular mission of delivering the highest level of service and value to their customer-owners for the long term. Public power utilities focus on the specific needs of customers, including high reliability and lower rates, as well as local priorities, which may include new technologies, environmental concerns or advanced communications. 5 ELEMENTS OF PUBLIC POWER BUSINESS MODEL PUBLIC OWNERSHIP LOCAL CONTROL NONPROFIT OPERATIONS LOW-COST STRUCTURE CUSTOMER FOCUSED 10 PUBLIC POWER FOR YOUR COMMUNITY Who is in charge of public power utilities? Public power utilities are owned and accountable to the people they serve. Citizens have a direct and powerful voice in utility decisions and policies, both at the ballot box and in open meetings where business is conducted. Where does the power come from? The governance structure for each utility varies. Some are governed by the city council; others are controlled by an independent utility board whose members may be elected or appointed by the mayor and city council. Together, public power utilities and joint action agencies generate two-thirds of the electricity they distribute to their customers. The rest of the electricity they distribute is purchased from investor-owned and cooperative utilities, independent generators and federal power agencies. Overall, public power utilities and joint action agencies own 10 percent of electricity generation and transmission in the United States, and 16 percent of all electricity distribution. 10% OF GENERATION 10% OF TRANSMISSION 16% OF DISTRIBUTION Public Power’s Share of the U.S. Electricity Market Electric utilities have three core functions: • Generation of electricity; • Transmission of electricity; and • Distribution of electricity to customers. Most public power utilities are distribution-only, meaning they do not own and operate their own power plants and bulk transmission. Instead, these utilities purchase power and transmission services at wholesale to distribute to their customers. Many distribution-only utilities purchase power and transmission from joint action agencies. PUBLIC POWER FOR YOUR COMMUNITY 11 Energy Resources Electricity is created from the conversion of a fuel or other source of energy into electrons. This process occurs on a large scale in a power plant, or on a smaller scale through distributed energy resources (e.g., solar panels on your roof). The primary electricity generating technologies used in the United States are coal, natural gas, nuclear and hydro power. A small but growing portion of the generation portfolio comes from renewable resources, such as solar, wind, landfill methane gas, and geothermal power. Public power utilities around the country rely on all of these energy resources to varying degrees. Each of the various generating technologies has its advantages and disadvantages, which is why having a diversified portfolio of fuels–particularly generation sources that can be relied on most of the time–is a priority for electric utilities. 2 Energy Information Administration Form EIA-860, 2015 (2013 data). Joint action agencies are membership organizations formed by groups of local community-owned utilities. These agencies, often authorized by state legislation, are governed by boards comprised of member representatives. The agencies buy or generate power and provide other services for their constituent utilities. With the combined leverage and purchasing power they get from representing multiple utilities, these agencies give their members the advantage of economies of scale and allow public power utilities to exercise strength in numbers. What is a Joint Action Agency? Electricity used by public power is generated from2 17.3% 28% 7.6% 5.4% 39.5% 2.2% PUBLIC POWER SYSTEMS OWN 2/3 OF THEIR GENERATION AND BUY 1/3. Excerpts from think tanks Americans for Prosperity (“AFP”): • In urging Iowa to “reject energy monopolies,” AFP wrote that, “We believe that businesses should compete for customers by providing the best service, rather than compete for government handouts through backroom deals.” (Letter to Iowa lawmakers) Heritage Foundation: • After criticizing Minnesota’s “regulated monopoly structure” -- one that is very similar to Florida’s -- the Heritage Foundation explained that “A regulated, monopolistic marketplace allows regulators to shift costs – and cost overruns – from utilities to ratepayers....” (Commentary by Nicolas Loris, July 2018). R-Street: • Commenting on Florida’s “shockingly high electric bills,” R-Street explains that Florida’s “vertically integrated electric monopoly.... encourages utilities to make irresponsible financial decisions” because “they can simply pass these losses on to consumers....” (“Florida Consumers Will Pay Less When Electricity Monopoly Has To Compete” by Marc Hyden, published in the Miami Herald, Oct. 2019). • Opines that “The business model of monopoly utilities is predicated on securing favorable regulatory and legislative treatment....” As a result, “Patterns of government cronyism and corruption follow the monopoly utility model....” R-Street concludes that “The biggest strides need to be made in the Southeast and West, which remain wedded to monopoly utilities.” (“Electric Paradigms” by Michael Giberson, Sept. 2023). Pacific Research Institute: • Wrote that “Businesses operating on a cost-plus business have no incentive to implement innovations that will reduce customers’ costs or improve service – in fact, the easiest way to earn revenues is to operate with bloated costs and then apply a percentage margin to this unnecessarily large cost structure.” (“The Rising Costs from Monopoly Utilities” in Forbes, Jan. 1, 2024). Other popular sources discussing private electric monopolies: John Oliver – May 2022 segment approximately 20 minutes in length “Jonathan Scott’s Power Trip” -- documentary available on PBS, Amazon Prime, and Peacock (2020) “How a Florida Power Project Flew Under the Regulatory Radar,” published in the New York Times, May 2022. CITY OF CLEARWATER, FL CLEARWATER MUNICIPALIZATION STUDY JULY 1, 2024 Submitted by: In Association with: © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE Economics | Strategy | Stakeholders | Sustainability www.newgenstrategies.net 225 Union Boulevard, Suite 450 Lakewood, CO 80228 Phone: (720) 633-9514 Fax: (720) 633-9535 July 1, 2024 David Margolis, B.C.S. City Attorney 100 S. Myrtle Ave. Clearwater, FL 33756 david.margolis@myclearwater.com Subject: Clearwater Municipalization Study Dear David: The City of Clearwater, Florida (City) is known for its white sand beaches, warm waters, and spectacular sunsets, but it is also an ethnically diverse community that has established a mission to provide quality, sustainable cost-effective municipal service. It seeks to develop a community that thrives from Bay to Beach while sustaining a healthy residential and economic environment. The City currently provides its citizens and businesses with water, wastewater, solid waste, and natural gas utility service. Its electric utility provider is Duke Energy Florida (Duke Energy), which serves the City under a Franchise Agreement that expires in December 2025. The City believes that Duke Energy’s rates are unreasonably high and is seeking alternatives to extending the terms and conditions of its current Franchise Agreement. One alternative is for the City to acquire the distribution assets of Duke Energy and form a publicly owned municipal electric utility (MEU). An MEU may be able to provide lower rates to the citizens and businesses of the City, as well as provide other financial, organizational, and operational benefits to the City. The City believes that it is prudent to evaluate an MEU that serves customers within the City and to include detailed analysis to support this evaluation. To assist the City, we have developed the enclosed proposal to provide an evaluation of the Financial Feasibility to form an MEU (Municipalization Study or Study). NewGen Strategies and Solutions, LLC (NewGen) is a nationally recognized management and economic consulting firm that provides guidance, insight, and analysis to local governments to implement public policy goals and objectives as they relate to utility operations. The NewGen Team for this project, which includes Barr Engineering Co. (Barr) and Duncan & Allen, LLP (Duncan & Allen), is comprised of industry professionals that have served municipalities and the electric and gas utility industry throughout their careers. Our professionals working on this project have earned the trust of municipalities of all sizes and locations. We share an acute appreciation of the relationship between governing bodies, utilities, and their customers—especially the understanding of how these relationships can become tenuous in the face of economic, environmental, and political challenges. Members of the NewGen Team have been involved with analyzing a variety of alternatives to “traditional” electric utility service, including municipalization efforts and evaluations for the City of Boulder, Colorado; the City of Chicago, Illinois; the City of Decorah, Iowa; the City of San Diego, California; and the City of Ann Arbor, Michigan (among others). Our proposal offers a balanced and prudent level of analysis based on reliable and reasonably available data to evaluate the City’s renewable energy options. We believe that this scope of work is sufficient to meet the City’s analytical requirements without imposing undue costs. We will bring our combined experiences to benefit the City for this Study, which include: creation of a state-wide power supply organization; design and cost development for transmission, distribution, and DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE City of Clearwater July 1, 2024 2 Thoughtful Decision Making for Uncertain Times associated equipment at various levels, including planning, procurement, and ultimate design; design of retail energy rates; financial and economic feasibility of creating municipally owned electric utilities; analysis of rate impacts associated with community objectives; and knowledge and insight into electric utility governance and organizational structures. More broadly, our daily activities include supporting public entity clients with analysis and financial insight regarding the cost structures of utility operations, the reality of electric retail rate design, and organizational development. Our clients trust us to assist them in their strategic plans by providing independent and unbiased opinions and recommendations. We will provide our collective expertise and experience to Clearwater’s evaluation of creating an MEU to serve its citizens and businesses. I will be the primary point of contact for this proposal response and the individual authorized to contractually bind the proponents of this proposal. NewGen, Barr, and Duncan & Allen have the resources to complete the Study as described herein. We look forward to working with the City on this exciting initiative. If you have questions or would like additional information, please contact me directly at (720) 259-1762 or sburnham@newgenstrategies.net. Sincerely, NewGen Strategies and Solutions, LLC Scott Burnham Partner DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY Economics | Strategy | Stakeholders | Sustainability www.newgenstrategies.net Table of Contents QUALIFICATIONS ............................................................................................................................. 1 NewGen Strategies and Solutions, LLC ..................................................................................................... 1 Barr Engineering Co. ................................................................................................................................. 2 Duncan & Allen LLP ................................................................................................................................... 3 Project Team ............................................................................................................................................. 4 Past Involvement with Similar Projects .................................................................................................... 7 NewGen Similar Project Experience ..................................................................................................... 7 Barr Similar Project Experience........................................................................................................... 12 Duncan & Allen Similar Project Experience ........................................................................................ 14 PROPOSED WORK PLAN ................................................................................................................ 16 Project Management and Approach ....................................................................................................... 16 Task 1 – Project Kickoff/Develop Strategic Assessment ..................................................................... 16 Task 2 – Electric Utility Municipalization Feasibility Study ................................................................. 17 Task 3 – Prepare Report/Presentation ............................................................................................... 25 SCHEDULE ..................................................................................................................................... 25 COST .............................................................................................................................................. 26 © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY Economics | Strategy | Stakeholders | Sustainability www.newgenstrategies.net QUALIFICATIONS NewGen Strategies and Solutions, LLC NewGen Strategies and Solutions, LLC (NewGen) is a management and economic consulting firm specializing in serving the utility industry and market. Established as a Limited Liability Company in August 2012, NewGen primarily serves public sector utilities and provides nationally recognized expertise in load forecasting, utility cost of service and rate design studies, financial feasibility studies, municipalization efforts, depreciation and appraisal studies, litigation support for state and federal regulatory proceedings, utility financial planning, and stakeholder engagement for electric, water, wastewater, solid waste, and natural gas utilities. NewGen was created by consultants who are dedicated to our clients’ missions and recognized as experts in our respective fields of service. “Thoughtful Decision Making for Uncertain Times” succinctly describes our capability to provide our clients solutions and recommendations tempered with our keen insight into the growing role of stakeholders, resource availability (including renewables), community concerns, cost of providing utility services, and economic conditions. This ensures an integrated approach to delivering our products and services. We recognize the need for strategic intent behind our clients’ actions by applying the latest market insights, technologies, and tactics to support our recommendations. Our results empower decision makers to implement sound public policy, incorporating community input, market direction, and regulatory mandates. Understanding your community, your organization, and your data are the three essential elements to developing actionable strategies to maximize the future. NewGen believes that strategy dictates everything. Our approach utilizes your data, markets, and communities to provide an integrated view designed to make long-term decisions with confidence. We leverage our modeling technology and market expertise in energy, water, wastewater, stormwater, and solid waste to solve your most complicated issues. Through proactive collaboration, we upgrade or design strategies for you to ensure they are responsive, transparent, and reliable while paving the way for successful buy-in across all your stakeholders. Our approach has three important features: 1. Client/Stakeholder Communications: NewGen simplifies complex concepts by combining visual tools and our training expertise to ensure that clients have a deep understanding of how the issues and underlying data drive our recommendations. This directly impacts the evaluation of the scenarios we present, streamlines decision making, and successfully obtains buy-in from elected officials, customers, regulatory bodies, and senior management. 2. Operational Insights: NewGen makes data operational, resulting in actionable decisions with defensible results. We harness existing and untapped data to optimize operations, develop demand management strategies, estimate the impacts of distributed generation, and identify the rational nexus underlying pricing decisions. We help our clients recover costs, improve service delivery, and respond to changing market conditions. DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY 2 Thoughtful Decision Making for Uncertain Times 3. Expert Witness/Credentials: We have served as expert witnesses in over 200 regulatory and civil proceedings and we employ 26% of the ASA accredited public utility appraisers in the United States. Unlike other firms, NewGen integrates the insights of nationally recognized experts into our models, both of which have been pressure tested through the regulatory and civil process. NewGen employs over 60 professional and administrative staff. Our current staff has the capability to work on simultaneous assignments, and we have the capacity to add staff and/or expand support from a network of teaming partners, if needed. NewGen has 13 offices located nationwide. Barr Engineering Co. Who We Are and What W e Do Barr provides engineering and environmental consulting services to clients across North America and around the world. We have been employee owned since 1966 and trace our origins to the early 1900s. Our engineers, scientists, and technical specialists work together to help clients develop, manage, process, and restore natural resources. At Barr, we solve clients’ problems as if they were our own. We will bring to your projects the insights and expertise we have gained from our work on thousands of projects—and a promise to do our best work on your behalf. Our Core V alues We commit to providing an exceptional client experience by putting ourselves in our clients’ shoes to help identify and solve their problems and by being responsible for the solutions. We act as employee owners who view ownership as a privilege and a responsibility and are proud of what we do and who we are. We consult collaboratively and recognize that we can accomplish more when we work together, sharing knowledge and skills in an inclusive and diverse environment. DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY Thoughtful Decision Making for Uncertain Times 3 We believe that, working together, we can make a difference. Committed to Safety Health and safety are at the center of the work we do every single day. To reflect this commitment to safety, Barr’s health and safety management system is certified to the ISO 45001:2018 standard. At Barr, each employee is tasked with maintaining their own safety, looking out for the safety of coworkers, and demonstrating safety leadership through everyday actions and decisions. This includes the ability to stop or decline work if it cannot be performed safely. As a company and as individuals, we prioritize the safety and security of our people and all who are affected by our work. Power Industry Services Barr has worked with clients in the energy sector for over 60 years, providing environmental and engineering services to more than 300 power companies ranging from small municipal utilities to large regional power producers, investor-owned utilities, and nonregulated energy developers. We will work with you from the first feasibility studies and regulatory negotiations through construction and startup to closure. To build a sustainable energy future, we help develop both innovative and practical solutions that meet your needs in the face of changing regulations, markets, and political climates. As the power industry shifts to low-carbon energy and net-zero emissions technologies, we will partner with you to navigate the challenges of your energy transition. Barr’s team of engineers and environmental experts deliver an integrated approach to meeting the changing needs of the energy sector while maintaining support for current operations. This includes supporting the transition to electrification, upgrades to power infrastructure, and an increasing emphasis on renewable generation, energy storage, and thermal generation. Duncan & Allen LLP Founded in 1970, Duncan & Allen LLP (Duncan & Allen) is a Washington, D.C. based law firm with a national practice specializing in representing consumer interests in electricity, natural gas, telecommunications, and environmental matters. Our clients include municipal utilities, cooperatively-owned utilities, States and their political subdivisions, and multiple State regulatory commissions. We regularly advise our clients in connection with Federal Energy Regulatory Commission (FERC) transmission and market issues, and other areas related to their utility operations. We are nationally recognized for our expertise in the formation and implementation of municipal utilities. Our efforts in this area go back to the Village of Elbow Lake, Minnesota, in the late 1960s and early 1970s— a case that led to the Supreme Court’s recognition that the antitrust laws apply to regulated utilities in Otter Tail Power v. United States, 410 U.S. 366 (1973). Subsequent engagements in which we advised consumer-owned utilities in establishing their own electric distribution systems include Kanab, Utah (1986–1987); Clyde, Ohio (1988–1991); and Electrical District No. 3 of Pinal County, Arizona (2001–2009). We have been able to assist our clients in realizing substantial and material benefits from the exploration of potential municipalization even when the municipalization efforts have not resulted in the establishment of a fully functional municipal electric utility. These situations include our efforts on behalf of the City of Boulder, Colorado (for which we served as FERC counsel between 2012 and 2020) and Wichita, Kansas (1998–2001). DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY 4 Thoughtful Decision Making for Uncertain Times Project Team The NewGen Team consists of highly experienced financial, management, and engineering consultants. Team members have deep market leading experience in the development of complex COS and rate design studies, rate strategies, emerging rate designs, financial plans, standby rates, and stakeholder tools. Our proposed NewGen Team members are all highly respected professionals that bring pertinent industry experience and innovation to this project, and all are key to the successful completion of this project. A summary of our proposed project organization chart and team bios are provided below. Full resumes for the NewGen Team are available upon request. Additional firm personnel may be utilized on the project, as needed. DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY Thoughtful Decision Making for Uncertain Times 5 Scott Burnham, Partner | NewGen | Project Role: Project Manager Scott Burnham, Partner at NewGen, offers over 24 years of experience in the areas of project management, cost of service and rate design, asset valuation, and financial feasibility analysis. Mr. Burnham leads efforts to create financial models that develop revenue requirements, cost allocation, financing for strategic capital and operating objectives, and rate/rate structure alternatives, ensuring our clients have reliable and defensible results. Additionally, Mr. Burnham routinely presents study findings and recommendations to utility management, boards, city councils, and other governing bodies. He has developed and reviewed pro forma financial models to determine projected revenue and costs associated with various projects and financing approaches for a variety of power generation facilities. Mr. Burnham is well versed in cost allocation theories and methodologies, rate design concepts, and approaches, and in providing summary analyses and recommendations to industry clients. Mr. Burnham co-leads the semi-annual Cost of Service and Rate Design class through EUCI, an industry conference organization, which is routinely attended by all types of utility stakeholders. Mr. Burnham will be responsible for overseeing the entire Study, as well as for the financial model development. Mike Lane, Principal | NewGen | Project Role: Organizational Structure Assessment Mike Lane has been a management consultant for over 25 years, and has experience in management, organizational development, operations, finance, and valuation. Mr. Lane’s broad range of experience includes organizational assessments, team building, strategic and business planning, and business development, as well as financial and economic feasibility studies. Before starting his consulting career, he served as a submarine-based nuclear power plant supervisor in the United States Navy and as an instructor at the U.S. Navy’s Naval Nuclear Prototype Training Program in Ballston Spa, New York. Mr. Lane has an MBA from the Jack Massey Graduate School of Business at Belmont University, a BBA from Belmont University, and an associate degree in Applied Sciences in Nuclear Engineering Technology from Thomas Edison State College. He is an Accredited Facilitator of the Five Behaviors of Cohesive Teams workshops and an Authorized Partner of Wiley’s The Five Behaviors Program. Mr. Lane will be responsible for assisting the NewGen Team with review of organizational elements for the proposed municipal electric utility (MEU). Laurie Tomczyk, Senior Manager | NewGen| Project Role: QA/QC Laurie Tomczyk has over 30 years of experience providing management consulting services to clients in the electric power, water, and solid waste management industries. She specializes in electric utility revenue requirement analyses, cost of service and rate design studies, financial projections, expert witness services, and other engineering and economic analyses. Her rate-related projects have included studies to develop retail electric, retail water, transmission, ancillary service, standby, and special contract rates. She also has experience in net energy metering, decoupling, and opt-out programs. Ms. Tomczyk has provided expert witness testimony on revenue requirement cost of service issues before public utility commissions. She has also offered other types of cost of service and rate-related litigation support. She has been an instructor on behalf of Electric Utility Consultants, Inc. for courses on cost of service concepts and techniques and rate design for electric utilities. Ms. Tomczyk joined NewGen in 2014. Before joining the firm, she provided utility consulting services while employed at R. W. Beck, Inc. DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY 6 Thoughtful Decision Making for Uncertain Times and its successor firm, SAIC, for 25 years. Ms. Tomczyk will be responsible for assisting with the development of the financial model for this Study. Brown Thornton, Principal | NewGen| Project Role: Power Supply Brown Thornton brings nearly 40 years of consulting experience in the energy and water infrastructure markets. He specializes in utility management, financial management and analysis, wholesale and retail rate studies, power supply and transmission service, and strategic business planning for municipal and consumer-owned utility clients. Mr. Thornton leverages his broad experience base to work with utility management and governing bodies in engagements involving strategic planning, examination of complex issues, and decision making, including the creation and operation of the recently formed Kentucky Municipal Energy Agency (KYMEA). Mr. Thornton also leads NewGen’s natural gas consulting efforts with Interior Gas Utility in Fairbanks, Alaska. Prior to joining NewGen, Mr. Thornton worked for MWH Global as Vice President, Americas Sector Leader, Energy (2 years) and R. W. Beck, Inc. (including its acquisition by SAIC) as Vice President of Utility Consulting and Principal (20 years). Earlier in his career, he worked in operations, project management, power delivery, and power contracts for the Tennessee Valley Authority, a major generation and transmission electrical utility (11 years). Mr. Thornton will be responsible for assisting with power supply options and transmission costs in support of the financial modeling effort for this Study. Tia Carnes, Senior Consultant | NewGen | Project Role: Lead Project Analyst Tia Carnes joined the firm as a Consultant in February 2020. During her tenure, she has provided financial modeling, appraisal/valuation support, cost of service and rate design analyses, and, most notably, support to the organizational review and workshop development projects. Her experience includes leadership training and development, team assessment, and financial analysis. Ms. Carnes came to NewGen with a strong background in customer service, logistics, and high-volume task management. Ms. Carnes will be responsible for assisting with the financial modeling effort for this Study. Michael Simpson, Consultant | NewGen | Project Role: Project Analyst Michael Simpson joined NewGen as a Consultant in April 2023. He assists on cost of service and rate design projects, applying his financial modeling skills and engineering background. Before joining NewGen, Mr. Simpson worked as an investment analyst intern at Orbis Investment Management. Mr. Simpson will be responsible for assisting with the financial modeling effort for this Study. Thomas A. Ghidossi P.E., Senior Electrical Engineer | Barr | Project Role: Engineering Lead Tom Ghidossi has more than four decades of experience serving as principal and project manager for electrical engineering projects. He has an extensive background in designing and analyzing low-, medium-, and high-voltage power generation, transmission, and distribution systems including utility, industrial, and commercial systems (600V to 500kV). He has specialized expertise in protective relaying and communication systems. Mr. Ghidossi focuses on larger substation, generation, and transmission/distribution projects. Prior to joining Barr, Mr. Ghidossi founded Exponential Engineering DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY Thoughtful Decision Making for Uncertain Times 7 Company in 1993, leading that firm to provide responsive and personalized service to the electric power industry. An active and dedicated member of the clean energy technology and renewable energy sectors, Mr. Ghidossi served as co-chair of the Colorado Clean Energy Cluster from 2015–2017. He stays at the forefront of technological innovation to integrate new technologies into existing systems. He is passionate about keeping power affordable and sustainable by moving existing electric and energy systems toward more distributed, local microgrids, storage, and local generation. A leader in the power industry, he is committed to teaching and mentoring clients and employees. Mr. Ghidossi will be responsible for developing the engineering assessment and associated costs for this Study. John P. Coyle, Partner | Duncan & Allen LLP | Project Role: Federal Legal Review For the past 36 years, John Coyle has represented municipalities, consumer-owned utilities, and other consumer interests in proceedings before the FERC, state utility regulatory commissions, federal and state trial and appellate courts, arbitration tribunals, and the North American Electric Reliability Corporation (NERC). Mr. Coyle will be responsible for leading the federal legal review for this Study. Past Involvement with Similar Projects The NewGen Team maintains a diversified staff of professionals with exceptional skills, dedication, and talent. We have built our reputation by providing clients with solutions that are based on sound principles, economic feasibility, and innovative thinking without losing sight of budget and schedule considerations and constraints. We encourage the City of Clearwater, Florida (City) to contact the references listed below for whom we have performed work. We are able to provide additional references at the request of the City. NewGen Similar Project Experience City of Chicago, Illinois | Preliminary Municipalization Feasibility Study Date of Service: October 2019–July 2020 Contact Information: Jennifer Muss, Deputy Commissioner | Jennifer.Muss@cityofchicago.org | (312) 744-9723 | 121 N. LaSalle Street, Chicago, Illinois 60602 The City of Chicago, Illinois (Chicago or the City) contracted with NewGen to conduct a preliminary investigation into the establishment of a municipal electric utility (MEU) to serve the residents and businesses of the Chicago Commonwealth Edison Company (ComEd), a wholly owned subsidiary of Exelon Corporation, which currently provides retail electric services to the City. The intent of this Preliminary Feasibility Study was to determine if the City should continue with its efforts to establish a locally controlled MEU. This included the development of a financial feasibility analysis as well as a review of the City’s public policy objectives as they relate to the electric utility operations in the City. NewGen developed a financial pro forma cash flow model to determine the financial feasibility of creating a MEU for the City. The financial model estimates the cash needs of the City’s electric utility. The projected operating revenues (i.e., the utility’s revenue requirement) are designed to recover the utility’s costs for operations, capital investments, and debt service, as well as any margin required to meet its DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY 8 Thoughtful Decision Making for Uncertain Times financial obligations. In addition to evaluating the financial feasibility of a municipally owned electric utility, there are alternatives to municipalization that may be consistent with the City’s goals and supportive of its overall public policy objectives. The project was completed in September 2020, at which time the City decided it was not in their citizens’ best interests to move forward with a municipalization effort. The final report is available at the City’s website: https://www.chicago.gov/city/en/depts/dgs/supp_info/SCOPE_OF_SERVICE_MUNICIPALIZATION_FEASI BILITY_STUDY.html City of Decorah, Iowa | Preliminary Feasibility Study for Municipal Electric Utility Date of Service: 2017 Contact Information: Andy Johnson, Director of Winneshiek Energy District | andy@energydistrict.org | (563) 564-3580 | 217 W Water Street, Decorah, IA 52101 NewGen and its subconsultants were retained by Decorah Power, a not-for-profit entity developed to investigate the feasibility of creating a municipal electric utility (MEU) in the City of Decorah, Iowa. The City is currently served by Alliant Energy through its regulated utility, Interstate Power and Light (IPL). Decorah Power is advocating the development of a MEU in Decorah for the purposes of local control, advancing renewable energy and energy efficiency programs, and creating an opportunity for a sound economic base for the City while providing reliable power to the citizens and businesses of Decorah. The preliminary feasibility study provided a recommendation to the City based on an independent field assessment of the assets potentially to be acquired by the City, as well as the development of financial analysis of the costs to create and operate a MEU within the City. The preliminary financial analysis included an estimate of the Replacement Costs Less Depreciation (RCLD) value for the assets, as well as various power supply and transmission options. The benchmark for the preliminary feasibility analysis was the average retail rate for the estimated load within the area to be served by the MEU. The study was intended to support a City-wide public referendum to support an application to the Iowa Utilities Board (IUB), which is the public utilities commission in Iowa, to allow for a municipal acquisition of the IPL assets and operations. The referendum vote occurred on May 1, 2018, and the results indicated that almost half of the residents were in favor of moving forward with the municipalization effort. The City is in the process of determining how best to move forward. Kentucky Municipal Energy Agency | Power Supply Planning and Formation of a New Energy Agency Date of Service: 2015–Ongoing Contact Information: Doug Buresh, President and CEO | dburesh@kymea.org | (502) 242-5635 | 1700 Eastpoint Parkway, Louisville, KY 40223 NewGen led a team of industry experts in assisting a group of 12 municipal clients through the examination of existing power supply arrangements, potential alternatives, and the development of a preferred future strategy. The ongoing engagement includes the following activities: Wholesale Power Contracts and Rates:  Review Federal Energy Regulatory Commission (FERC)-regulated annual formula rate adjustments including fixed and variable costs associated with capital investments, environmental compliance, construction work in progress, allowance for funds used during construction, fuel costs, purchased power, and operations. DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY Thoughtful Decision Making for Uncertain Times 9  Assist in negotiation of contract terms and conditions including consideration of reduction in return on equity, stranded cost provisions, interruptible load credits, change in depreciation method, and an annual true-up mechanism to address regulatory lag.  Conduct annual review of transmission supplier’s Open Access Transmission Tariff (OATT). Strategic Power Supply Planning:  Provide ongoing assistance related to wholesale power rates, power supply contract, and transmission service arrangements.  Conducted initial assessment of clients’ energy competitiveness, costs, and risks.  Assisted clients’ management teams and boards in the development of a long-term power supply and delivery strategy. This wide-reaching scope of work included the evaluation of legacy power supply arrangements and the selection of a preferred future strategy for generation ownership, transmission service arrangements, and interconnection facilities.  Examined organizational and governance alternatives and probable economic and operational benefits.  Provided support to the municipal group throughout a complex business decision to terminate long- standing power supply arrangements with a major generation and transmission company.  Currently assisting the municipal group in the development of a preferred generation resource portfolio including generation resources, purchase power agreements, and transmission service arrangements. Power Agency Formation:  As a result of power supply planning efforts, currently assisting the municipal group through the formation of a new power agency and development of entity creation, bylaws, governance, and member participation agreements. The agency is to be organized to provide a sound framework for members to own and operate electric generation and transmission facilities or to participate in projects with private or other public utilities, and to issue bonds to defray the cost of acquiring, constructing, and equipping electric generation facilities.  Provide project financing support including preparation of feasibility studies, development of a long- term pro forma financial analysis, and preparation of a comprehensive economic analysis for future rating agency review.  In 2014, the group decided to give Kentucky Utilities (KU) notice to terminate their power supply contracts effective 2019. NewGen, along with a team of advisors and legal support, facilitated the creation of KyMEA by assisting with the establishment of regulatory processes, development of the bylaws, and creation of participation agreements. Now fully formed, KyMEA provides a framework for its members to consolidate market power in executing purchased power agreements, obtaining power generation facilities, obtaining transmission service arrangements, and financing asset development, if needed. KyMEA is currently in the process of developing a preferred generation resource portfolio, developing agreements with counterparties, developing and executing agreements regarding other resources, and proceeding with transmission service arrangements. Implementation of KyMEA’s power supply program went online in May 2019. DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY 10 Thoughtful Decision Making for Uncertain Times City of Boulder, Colorado | Preliminary Municipalization Feasibility Study (2005); Valuation for Electric Distribution System Date of Service: 2012–2020 Contact Information: Kathy Haddock, Senior Counsel, Boulder City Attorney’s Office | haddockk@bouldercolorado.gov | (303) 441- 3873 | Boulder City Attorney’s Office, 1777 Broadway, 2nd Floor, Boulder, CO 80302 NewGen has had a long history working with individuals from Barr (as Exponential Energy Company [EEC]) for the City of Boulder, Colorado in its effort to municipalize the distribution assets of Public Service Company of Colorado (PSCO or Xcel Energy) within its city boundaries. Members of the NewGen Team initiated the City’s most recent effort in 2004 with the development of a preliminary feasibility study, which included a physical review of the assets, the creation of estimated severance costs, and stranded investment costs. After presenting the results of the feasibility study to the Citizen’s Committee, the City began its long endeavor to move forward with its objectives to own and operate a MEU. As these efforts continued, NewGen was retained in 2012 to develop an updated estimate of the value of electric distribution facilities the City may acquire from Xcel based on generally accepted appraisal approaches to valuation. NewGen worked with City management staff and the consultants, engineers, and legal counsel retained by the City to establish an MEU. The City determined in 2020 that it was in its best interests to discontinue its municipalization effort. However, through the municipalization process, the City was able to achieve many of its objectives within the executed Energy Partnership Agreement with Xcel. City of San Diego | Public Power Feasibility Study: Phase I Date of Service: 2022–2024 Contact Information: Heather Werner, Deputy Director | hwerner@sandiego.gov | (858) 492-5082 | 1200 Third Ave., Ste. 1800, San Diego, CA 92101 The City of San Diego (City) retained NewGen in 2022 to conduct a Phase I Public Power Feasibility Study (Study) to evaluate options to expand public utility services to include electric delivery consistent with the City’s Strategic Plan goals. NewGen partnered with Bell, Burnett & Associates (BB&A) and Siemens Power Technologies International (Siemens PTI or Siemens), collectively the NewGen Team, to support the City’s needs for this Study. This Study is a multi-phased approach to evaluate the processes, costs, risks, and opportunities associated with municipalizing the energy infrastructure assets of San Diego Gas & Electric (SDG&E) within the City to form a Municipal Electric Utility (MEU). Phase I was completed in 2023 and included the following tasks completed by the NewGen Team:  Development of Process Maps. The City requested the development of municipalization process maps for the Phase I report. The process maps presented a series of analyses, decisions, and activities to be undertaken by the City over the course of its municipalization effort.  Review of Public Power Entity Options. The NewGen Team conducted an organizational assessment of current City operations and then reviewed the various options for the structure, governance, and organization of a potential municipal electric utility and evaluated their feasibility considering the organizational assessment results.  Development of initial financial determinations regarding existing electric and gas systems in the City.  Development of initial financial and operational options and needs for a Public Power entity. Based on the NewGen Team’s initial findings, a Phase I Feasibility Report summarizing our analyses was developed. The report indicated that municipalization of SDG&E’s electric delivery assets within the City DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY Thoughtful Decision Making for Uncertain Times 11 is financially feasible on a preliminary basis. Over a 30-year timeframe, the City might be able to generate a potential financial cumulative benefit of between $6 billion and $15 billion from the acquisition of these assets compared to continued service from SDG&E. These projections remain highly theoretical and dependent on several assumptions, market factors, and circumstances both foreseeable and unforeseeable at the time of the report. Acquisition of SDG&E’s natural gas system was removed from analysis in this Study, as it is not consistent with the City’s strategic planning efforts. The conclusion of the process map development was that there are established processes (both legal and regulatory) for the City to continue its investigation into forming an MEU within the City. Further, there are specific policy considerations that the City should address during this process. The process maps, based on the NewGen Team’s experience, suggest that the time required to fully accomplish the objective of forming an MEU for San Diego will, at a minimum, be eight to ten years. However, that time frame could easily be expanded by the actions and decisions of external parties, including SDG&E. For this Study, the NewGen Team conducted a preliminary evaluation of the various options for the structure, governance, and organization of a potential MEU. This was accomplished by conducting an in- depth organizational assessment of the current City operations which focused on the opportunities and challenges that currently exist within the City relative to the potential establishment of an MEU. Of the structures identified and included in this Study, the ones that are the most promising to meet the requirements of the City and the needs of an MEU appear to be either a Public Charitable Trust or a Special District. The Phase I report recommended that the City continue its evaluation of municipalization of the SDG&E electric delivery assets. This includes development of a preliminary Municipalization Strategic Plan to address the policy objectives of the proposed MEU as they relate to the City’s Carbon Action Plan and other environmental policies and strategic documents. Recommendations for Phase II activities include the preparation/facilitation of a detailed community Stakeholder Engagement process and development of a Local Agency Formation Commission application, which will include updates to the asset inventory by field inspections and corresponding updates to the Phase I financial analysis. Phase II efforts are currently underway and are anticipated to be completed by the summer of 2025. The Phase I report is available here: https://www.sandiego.gov/sustainability-mobility/energy/public-power City of Ann Arbor, Michigan | Ann Arbor 100% Renewable Energy Options Analysis/Preliminary Municipalization Study Date of Service: 2022–2023 Contact Information: Missy Stults, PhD., Sustainability and Innovations Director | mstults@a2gov.org | P: 734-794-6430 x 43725 | Ann Arbor Office of Sustainability and Innovations, 301 E. Huron Street, Ann Arbor, MI The City of Ann Arbor (City) engaged members of the NewGen team through a contract with 5 Lakes Energy, LLC (5 Lakes) to provide a preliminary municipalization study. The NewGen Team, supported by Barr Engineering Co. (previously Exponential Engineering Company [EEC]), developed a financial feasibility model to evaluate the annual cash needs of a Municipal Electric Utility (MEU). The potential MEU would be formed from the acquisition of the electric distribution system within Ann Arbor’s municipal boundaries. In October 2022, the EEC team conducted a series of on-site evaluations and assessments of the distribution assets within the City. From this evaluation, EEC developed an Ann Arbor 100% Renewable Energy Options Analysis  Study focuses on 100% renewable energy for the City.  Assessment/Condition analysis of DUKE Distribution Assets in City.  Ongoing analysis of City’s options. DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY 12 Thoughtful Decision Making for Uncertain Times estimate of the Original Cost (OC) and Replacement Cost New (RCN) of these assets, as well as a summary evaluation of the condition and estimated age of the assets. NewGen created a range of potential acquisition costs for use in its pro forma financial model. Additionally, NewGen developed an estimate of asset valuation utilizing the Federal Energy Regulatory Commission (FERC) income approach. The pro forma financial model is a 30-year cash flow model that assumes an “overnight” acquisition of DTE delivery assets by the City. The annual revenue requirement for the MEU is derived from the estimated operations and maintenance (O&M) costs, debt service, and other costs. O&M costs include estimated costs for power supply (delivered to the City), distribution, customer, and administrative and general (A&G) costs. Additionally, the revenue requirement includes assumptions regarding City-issued debt and resulting annual debt services for the acquisition of the DUKE assets, severance-related expenses, future investments, and start-up costs for the MEU. Severance costs were estimated assuming the City would need to build assets to connect to the third-party transmission system in the area. The total revenue requirement is divided by the total estimated sales for the MEU to derive an “all-in” energy rate in $/kilowatt hours (kWh) for the MEU. The all-in energy rate is compared to an estimated “all-in” energy rate for the Status Quo case, which for this Study assumes continued service from DTE. Non-Commodity (delivery) rates for DTE were estimated from historic and projected values from publicly available sources. For both the MEU and the Status Quo case, the financial pro forma model assumes that the power supply for the City will meet its strategic planning requirements of 100% carbon-free energy by 2030. The power supply projections were developed by 5 Lakes and assumed that costs for energy and capacity for both the MEU and DTE will be provided by different sources. The Phase I effort for this Study has been presented to the Ann Arbor City Council and others in the community. The City is currently reviewing the analysis internally and is considering development of a Phase II effort, which may be initiated in the fall of 2024. The Phase I report is a public document and is available here: https://www.a2gov.org/departments/sustainability Barr Similar Project Experience Core Electric Cooperative, Colorado | Franchise Alternative Date of Service: 2021–2022 Contact Information: Pam Feuerstein, Assistant General Manager | pfeuerstein@core.coop | (303) 688-3100 | 5496 N. U.S. Highway 85., Sedalia, CO 80135 Members of Barr (as EEC) provided engineering services for CORE Electric Cooperative (CORE) to evaluate the feasibility of acquiring the existing distribution system serving a Colorado municipality to operate as the franchise holder. Engineering services included:  Engineering evaluation of the existing system.  Created a GIS map of the existing utility overhead facilities.  Evaluated a sample of the existing facilities for age and condition in the field.  Created Replacement Cost New estimates.  Determined likely separation requirements to create distribution systems to serve the municipality and the remaining incumbent utility customers independently. • Developed preliminary designs and costs for new substation and transmission facilities. DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY Thoughtful Decision Making for Uncertain Times 13  Assisted with developing a long-range capital plan to address the needs for upgrades and replacements were the system to be acquired. EEC completed the services; CORE determined that it would not be economically feasible to acquire the facilities and become the franchisee. City of Boulder, Colorado | Municipalization Project Date of Service: 2012–2020 Contact Information: Kathy Haddock, Senior Counsel, Boulder City Attorney’s Office | haddockk@bouldercolorado.gov | (303) 441- 3873 | Boulder City Attorney’s Office, 1777 Broadway, 2nd Floor, Boulder, CO 80302 Members of Barr (as EEC) led the engineering work for the City of Boulder’s municipalization project from 2012 through 2020. Engineering services included:  Requested and received per Colorado Public Utilities Commission (CPUC) order Xcel Energy’s (Xcel) GIS database and power system model for the distribution facilities in area.  Analyzed Xcel’s existing distribution, substation, and transmission systems including approximately 55,000 meters within the city limits.  Tabulated assets, including extracting data from the Xcel GIS.  Assessed asset age and condition in the field, based on a 10% sample size.  Estimated Replacement Cost New (greenfield) for all assets using local contractor and material costs and prior project experience.  Supported NewGen’s appraisal analysis for Replacement Cost New Less Depreciation and Original Cost New.  Created a separation plan to provide the same or better reliability and capacity for customers to remain with the incumbent utility to meet CPUC requirements and rulings. • Analysis of redundancy and capacity. • Preliminary design of two new 115kV-13.2kV and two new 230kV-13.2kV substations to separate from Xcel’s facilities. • Preliminary design of distribution feeder additions, interconnections, replacements, and new construction to meet the separation plan goals  Technical support for legal and regulatory processes: • CPUC: − Drafted and filed expert testimony. − Discovery and rebuttal. − Approximately 10 hours of Direct Testimony at the CPUC hearing. − Presented the Separation Plan. • Condemnation Proceeding: − Prepared asset lists and maps. − Supported legal pleadings and testimony. DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY 14 Thoughtful Decision Making for Uncertain Times The project was put on hold in 2020 as the incumbent utility agreed to franchise terms that incorporated many of the City’s goals, including:  Opt-out provisions for Boulder at key milestones and three-year periods based on Xcel’s performance.  Commitment to renewable energy goals.  Support for community renewable energy and resilience goals. Duncan & Allen Similar Project Experience Village of Batavia, Ohio | Preliminary Feasibility Study Date of Service: 2017–Present Contact Information: Christopher Moore, Village Solicitor | cmoore@smbplaw.com | (513) 615-0036 | Schroeder Maundrell Barbiere & Powers, 5300 Socialville Foster Road, Suite 200, Mason, Ohio 45040 Prepared legal component of preliminary feasibility study issued February 2018; implementation deferred due to litigation initiated by Duke Energy Ohio, Inc. in August 2019, in which the Village prevailed on motion for summary judgment granted June 2021. Advisory services currently ongoing. Responsible contributor: John Coyle. City of Boulder, Colorado | Counsel for Municipalization Date of Service: 2012–2020 Served as Federal Energy Regulatory Commission counsel to City of Boulder in effort to establish municipal utility (addressing system acquisition, stranded cost exposure, wholesale power supply, interconnection, and related issues). City resolved its issues with Public Service Co. of Colorado in Franchise Agreement, Settlement Agreement and Energy Partnership Agreement approved by referendum in November 2020. Responsible contributors: John Coyle and Ashley Bond. Electrical District No. 3 – Pinal County, Arizona | Re-establishment of Electric System Date of Service: 2001–2011 Contact Information: Kenneth R. Saline, K.R. Saline Associates | krs@krsaline.com | (602) 321-9084 | 160 N. Pasadena, Suite 101, Mesa, AZ 85201 Advised Arizona political subdivision Electrical District No. 3 in (i) recovery of operational control of its transmission and distribution system; (ii) negotiation and modification of suitable arrangements for accommodation of service to (a) APS customers served via ED3 facilities, and (b) tribal utility embedded within ED3 territory; (iii) expansion of peak electric demand served from 35 MW (2001) to approximately 235 MW currently, with financing and construction of expanded transmission and distribution infrastructure; and (iv) successful negotiation of: (a) transfer of APS distribution facilities in service area at depreciated original cost, (b) transfer of approximately 4,400 APS customers (meters), and (c) territorial exclusivity in service area. Responsible contributor: John Coyle. Wichita, Kansas | Municipalization Feasibility Study Date of Service: 1998–2001 Contact Information: Timothy E. McKee, Esq., Triplett, Woolf Garretson LLC | temckee@twgfirm.com | (316) 630-8100 ext. 246 | 2959 N. Rock Road, Suite 300, Wichita, KS 67226 DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY Thoughtful Decision Making for Uncertain Times 15 Legal component of municipalization feasibility study, legal counsel re. stranded cost and franchise issues; City resolved its situation by obtaining franchise benefits and lower rates for retail customers. Responsible contributor: Gregg D. Ottinger. Falls Church, Virginia | Preliminary Feasibility Study Date of Service: 1995 Contact Info: Jeff Tarbert (former Mayor and City Council Member) | jeff.tarbert@gmail.com | (202) 491-4492 | 426 Park Avenue, Falls Church, VA 22046 Legal component of preliminary feasibility study; City obtained franchise benefits as a result of municipalization effort. Responsible contributors: Donald R. Allen and Gregg D. Ottinger. Towns of East Hampton, Riverhead, Shelter Island, Southampton, and Southold, New York | Preliminary Feasibility Study Date of Service: 1995 Contact Info: No contact available due to intervening changes in municipal administration Legal component of preliminary feasibility study for formation of municipal joint action agency to assume ownership of Long Island Lighting Company transmission and distribution system. Effort superseded by 1995 amendments to NY Pub. Auth. Law §§ 1020-h to initiate Long Island Power Authority negotiations to acquire LILCO (concluded in 1997). Responsible contributor: John Coyle. Minerva, Ohio | Preliminary Feasibility Study Date of Service: 1993 Contact Info: No contact available due to intervening changes in municipal administration Preliminary feasibility study; City obtained franchise benefits. Responsible contributor: John Coyle. Evanston, Illinois | Preliminary Feasibility Study Date of Service: 1991 Contact Info: No contact available due to intervening changes in municipal administration Preliminary feasibility study; City obtained franchise benefits. Responsible contributor: Gregg D. Ottinger. Brook Park, Ohio | Preliminary Feasibility Study and Representation Date of Service: 1991 Contact Info: No contact available due to intervening changes in municipal administration Preliminary feasibility study and representation in proceedings before Nuclear Regulatory Commission concerning proposed formation of municipal electric utility; City obtained franchise benefits and refunds for local customers. Responsible contributors: Gregg D. Ottinger and John Coyle. Clyde, Ohio | Establishment of Municipal Electric System Date of Service: 1986–1990 Contact Info: Paul H. Fiser, City Manager | pfiser@clydeohio.org | (419) 547-6898 | Municipal Building, 222 N. Main Street, Clyde, Ohio 43410 DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY 16 Thoughtful Decision Making for Uncertain Times Successful establishment of a municipal electric system to compete head-to-head with incumbent utility, The Toledo Edison Company (now FirstEnergy). Clyde Light & Power now serves over 99% of electric demand in City of Clyde. Responsible contributors: Gregg D. Ottinger and John Coyle. Kanab, Utah | Eminent Domain Proceeding Date of Service: 1986 Contact Info: No contact available due to intervening changes in municipal administration Successful eminent domain proceeding acquiring distribution system from Utah Power & Light Company, culminating in establishment of a municipal electric system (City subsequently sold its distribution system to Garkane Energy Cooperative). Responsible contributor: John P. Williams Elbow Lake, Minnesota | Establishment of Municipal Electric System Date of Service: 1965 Contact Info: No contact available due to intervening changes in municipal administration Successful establishment of a municipal electric system; culminated with the U.S. Supreme Court Case Otter Tail Power Co. v. U.S., 410 U.S. 366, 25 L.Ed.2d 359, 93 S.Ct. 1022 (1973). PROPOSED WORK PLAN Project Management and Approach The NewGen Team proposes to provide the City of Clearwater (City) with a comprehensive and detailed analysis of its municipalization options (Municipalization Study or Study). We proposed to accomplish this Study with a series of tasks. Task 1 will include an on-site kickoff meeting with the City and its Project Team and the subsequent development of a draft Strategic Assessment document to assist in guiding the Study. Task 2 will consist of on-site field assessments by the engineering team as well as the development of a detailed financial model. Task 3 will consist of the development of a final report as well as a presentation to the City management, as appropriate. Task 1 – Project Kickoff/Develop Strategic Assessment NewGen will establish a time that is convenient for the City to conduct an on-site kickoff meeting. The purpose of this meeting will be to review the scope of services; introduce team members; review data provided or obtained to date (as well as additional data necessary); review the scope of services to be conducted, including a proposed Study timeline; and establish communication protocols for the Study. As part of this kickoff meeting, NewGen will develop a strategic assessment of the City’s goals and objectives as they relate to this Study. The strategic assessment will be critical to defining the success of the Study, as well as outlining various alternatives to the City continuing under the Duke Energy Franchise Agreement that are supportive of its overall objectives as they relate to electric utility services. The strategic assessment process will result in the development of a summary letter report to the City, which will provide a summary of the discussions, outcomes, and objectives related to this Study. The strategic direction will guide the Study process and will become the foundation for the final report. Key members of the NewGen Team will facilitate and attend biweekly status calls with the City’s Project Team to discuss, strategize, and report on the progress of the Study. The timing of the biweekly status DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY Thoughtful Decision Making for Uncertain Times 17 calls will be determined during the kickoff meeting. Each call is anticipated to be approximately one hour in length, depending on the material needed to be covered during that time. If additional calls are necessary to facilitate project objectives, they can be set up on an as-needed basis. NewGen will provide a summary of the items discussed during the status call, which will be provided in an email format and will include action items and outstanding project issues/items to be addressed during subsequent calls. The City Project Team will have the opportunity to review and provide comment on the Status Call Summary Report, as necessary Task 1.2 – Data Acquisition NewGen will develop a data request for the City (and other entities) as appropriate, which may include:  Identification of the potentially largest electric usage customers within the City, as well as all local government accounts.  GIS Maps and any other available mapping for existing utilities (water, sanitary sewer, storm sewer, and communication).  Customer billing determinants (i.e., monthly billing database summary by class—customer counts, customer demand, and energy use).  Plans for municipal growth and/or annexation.  Specific reliability requirements related to “critical infrastructure” and/or emergency services.  Summary of previous City meetings/action items/issues or concerns.  Other relevant information and/or policies. Task 1 Deliverables:  In-person kickoff meeting  Data request  Initial Draft Project Strategic Assessment  Set up biweekly calls (or more frequent, as necessary)  Status Call Summary Report  Data Request Task 2 – Electric Utility Municipalization Feasibility Study As part of this evaluation, the NewGen Team will evaluate the option for the City to develop a traditional electric utility by acquiring the delivery assets from Duke Energy to serve its load. This effort will begin with the development of an understanding of the proposed service territory for the City’s MEU, an estimate of the electric load to be served over an appropriate planning horizon, an assessment of the facilities to be acquired, potential severance issues, potential for impacts to reliability, the financial impacts of developing an MEU, and other legal and/or regulatory assessments associated with such actions. During the Study kickoff meeting and in subsequent status calls, the NewGen Team will provide a summary of the considerations, objectives, and issues for the municipalization feasibility evaluation. This will include a review of the City’s objectives such as reliability, resilience, and responsiveness to community DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY 18 Thoughtful Decision Making for Uncertain Times needs. The evaluation criteria will be utilized to define the meaning of a successful outcome of this evaluation and will consider various strategies and metrics for evaluation, including equivalent or lower “all-in” electric rates, debt service coverage minimums, reliability indices/goals, policies and plans for undergrounding delivery assets, etc. These criteria may also include utilizing industry standards as guidelines regarding future system performance. Task 2.1 – Technical Assessments The following is a summary of the proposed scope of services to be provided for the Task 2.1 Technical Assessments. Based on preliminary research, the NewGen Team understands that the population of the City is approximately 120,000 citizens, and there are approximately 32,000 customers served by the City- owned natural gas utility. The City occupies approximately 36 square miles within Pinellas County. The Technical Assessments will be designed to provide a basis for valuation of Duke Energy’s existing substation and distribution system, develop preliminary severance (separation), and provide support to the legal, regulatory, and financial efforts of the NewGen Team. The focus of the Study will be to evaluate the development of a MEU within the City’s municipal boundaries. NewGen understands that there may be specific “enclave” areas within the City’s municipal boundaries that are not technically part of the City; however, for the purposes of this Study, it will be assumed that these areas could be served by the MEU in the future. However, if during the course of the field evaluation, the NewGen Team finds certain areas of concern regarding service to these enclaves, they will be noted in discussions with the City. Develop Boundary Maps The NewGen Team will create boundary maps of the proposed MEU service territory based on City boundaries, enclaves, and planned or potential annexations, as appropriate. The NewGen Team will determine (from Google Earth and publicly available information) the Duke Energy transmission assets and transmission/distribution substations within or adjacent to the City that may be necessary to acquire and/or access to create an MEU and interconnect with the existing transmission grid. This analysis will also include the development of a summary of Duke Energy’s typical installation practices and types and sizes of delivery asset investments within the City. This will include working with the City to delineate municipal boundaries, as well as Duke Energy’s transmission assets, existing transmission/distribution substations, and distribution feeders within and beyond the City that may be necessary to acquire and/or access to create an MEU and interconnect with the transmission grid. This will include an assessment of overhead facilities (distribution poles, conductor, transformers, etc.) as well as a review of underground facilities that are readily observable (pad mounted transformers, switches, etc.). The boundary maps will be utilized to assist in the creation of a potential sampling plan of delivery-related assets to be assessed for this Study (see “Conduct Condition Assessment” below). The sampling plan assumes approximately 10% (4 square miles) of the area within the City. Underground facilities will be inferred from aerial and ground observations and the NewGen Team’s design experience. Greenfield replacement cost estimates will be furnished at an AACEI Class 5 Level (Project Definition between 0% and 2%, Concept Screening, Accuracy Ranges – Low: -20% to -50%, High: +30% to +100%). Projection of Electric Load The NewGen Team will utilize historic load data as provided by Duke Energy and/or the City or estimated based on publicly available data, including econometric data, to prepare projections of potential electric load and numbers of customers to be served by the MEU over a 20-year planning horizon. This will include estimates by “high-level” customer class (residential, commercial, industrial) and an evaluation of summary load shapes by hour, month, and annual usage characteristics by each class (assuming such DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY Thoughtful Decision Making for Uncertain Times 19 information is available or inferring from publicly available information as appropriate). Economic data may be purchased from third-party firms including, but not limited to, Woods & Poole, NPA Data Services, Moody’s, or IHS Global Insight, which may provide additional insight into the load forecast applied to both the status quo (Duke Energy) and the MEU scenarios. The evaluation of load shapes will be incorporated into projections of estimated peak load by class to estimate the City’s total load for wholesale power purchases. Conduct Condition Assessment The NewGen Team will conduct a field condition assessment of a representative sample of the Duke Energy infrastructure to be acquired as part of the municipalization energy option in coordination with the City’s Project Team. This field assessment will be conducted utilizing a sampling approach to estimate the condition of the assets to be acquired by providing a qualitative score to each segment within the sample and applying that score to the overall infrastructure. The NewGen Team recognizes that the City envisions that it needs to obtain a solid understanding of the asset values to be acquired with this field assessment. This proposal is based on field sampling limited to approximately 10% of the entire system to collect representative asset condition and ages. This will include an assessment of the majority of the transmission/distribution substations within the City from a visual review (the NewGen Team will not enter substations) as allowed from public spaces surrounding the substations. The NewGen Team will provide a condition such as “Good,” “Fair,” or “Poor” to each substation based on this visual review, which will be used to assess the age of the facility, its relative condition, and state of technology, based on the expertise of the field engineer. Assets will be graded into age bands by decade to facilitate the development of depreciation values. Sources of plant (asset) data to be reviewed for developing estimates of the book value of these assets may include those available from the City and/or Duke Energy filings before the Florida Public Service Commission (FPSC) and/or FERC, as appropriate. This approach will also be applied to the sampled distribution assets as appropriate based on existing, observable overhead and pad-mounted (above ground) distribution system facilities to understand “typical” asset condition, as well as Duke Energy’s construction practices for its delivery systems. The condition assessment will also form the basis for the proposed plans to repair or replace the assets reviewed. The assessment will be conducted in sufficient detail for the sampling to inform the City of a reasonable estimate of the Replacement Cost New (RCN) for the entire system, including an approximation for the ages and conditions of the facilities by decade. RCN will be estimated based on typical design for feeders, distribution transformers and services, substations, and transmission lines using RSMeans regional costs. Asset age and condition information will be utilized to develop a range of potential costs to acquire the system based on Replacement Costs New Less Depreciation (RCLD), which the City has indicated is the regulatory approved basis for acquisition costs. Estimate Non-Delivery Related Assets The preliminary field condition assessment will also include an estimate of the non-delivery assets necessary to be acquired to form the MEU, including support systems (buildings, operations centers, warehousing) that may be owned by Duke Energy within the City and as identified in publicly available data and/or provided by the City. NewGen understands that Duke Florida’s current operations center is within the City. The City is interested in the possibility of co-locating the MEU operations center at the existing site, given that Duke Florida will continue to provide service outside the City if an MEU is formed. The City may have different options relative to requiring Duke Florida to utilize existing facilities for this purpose. NewGen will work with the City to provide a high-level estimate of costs associated with either DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY 20 Thoughtful Decision Making for Uncertain Times the co-locating or development of a new operations center for the MEU as a potential range of costs in the evaluation. The NewGen Team will address the potential advantages and disadvantages of MEU ownership of delivery-related assets to provide service to the City. NewGen will review distribution plans and other filings with the FPSC to identify potential system capital improvements planned by Duke Energy for the City over the next 5 to 15-year planning horizon, as available. Other publicly available data may be utilized for this analysis as well. Identify Severance Issues/Plan As a result of the field investigation and in coordination with the City, the NewGen Team will provide a summary of potential severance issues that may exist at the municipal boundaries of the acquisition area to be served by the MEU. Existing distribution systems serving customers on either side of the municipal boundary in five two-mile representative segments will be mapped. This process will include overhead and pad-mounted equipment visible in public rights-of-way only to approximately 500–1,000 feet to either side of the municipal boundary. A preliminary separation/severance plan for each representative segment developed for the boundary map (described above) will be utilized to establish “typical” requirements and costs for separation which will then be applied to the entire system on a proportional basis. The preliminary severance plan will be developed to meet the constraints of maintaining reliability and capacity comparable to the existing system for both MEU and Duke Energy customers. In our experience, severance is a complex technical, legal, and cost issue that can make or break a municipalization project. Severance plan components will include transmission interconnection, substation facilities, and new/modified distribution facilities. The high-level preliminary design effort will be based on any data available from Duke Energy, City municipal facilities GIS and map data, Google Earth mapping, and field reconnaissance. Estimated construction and modification costs will be developed using a unit cost approach recognizing local contractor and material costs to the extent available. Replacement cost estimates for severance will be developed at a similar level of accuracy as those developed for the acquisition estimates (AACEI Class 5 Level - Project Definition between 0% and 2%, Concept Screening, Accuracy Ranges – Low: -20% to -50%, High: +30% to +100%). Identify Operational Risks/Reliability Concerns The NewGen Team will identify known or potential operational risks and/or concerns regarding the potential MEU including responses to electric outages from natural phenomena, including hurricanes. This will be a qualitative assessment of the risks based on our expertise in providing consulting services to municipally owned electric utilities in other regions of the country. Potential remedies to the identified risks will be addressed in a qualitative fashion as well to understand the impacts for the MEU compared to continued service from Duke Energy. The NewGen Team will provide an estimate of how MEU operations would be expected to impact the electric reliability of the distribution system in comparison to Duke Energy. This will include an estimate of the potential investments that may be necessary to ensure elevated reliability based on the field investigation summary developed for this task, and the experience and industry knowledge of the NewGen Team members. The NewGen Team will develop an estimate of the implementation process for potential reliability-related investments, including appropriate timeframes and milestones, as part of the Study. DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY Thoughtful Decision Making for Uncertain Times 21 Task 2.2 – Financial Assessment The NewGen Team will develop a Financial Model (Model) to create a projection of electric utility revenue requirements (on a cash basis) to compare the existing status quo case (continued service from Duke Energy) to the City-owned municipal utility option. The Model will be developed on an annual basis over a 30-year study period or a period consistent with typical City issued debt. The NewGen Team will utilize estimates regarding inputs and will rely on assumptions, expertise, and analysis of publicly available data for various elements of the Model, including those developed for Task 2.1 (Technical Assessments). To the extent confidential information provided by the City is incorporated into the Model, the NewGen Team will identify it as such for the purposes of this Study. The Model will utilize an estimated asset purchase price for the delivery and customer service-related assets to be potentially acquired by the City to serve future customers. The purchase will be assumed to be financed by the issuance of debt by the City to be repaid through revenue bonds over an appropriate period of time. The Model will include estimates associated with applicable start-up costs as well as annual cash requirements for purchased power (including provision for transmission of power to City- owned substations). We will include estimates of annual expenses for operations and maintenance costs (O&M) associated with distribution, customer, and administrative functions of an operating municipal utility. Cost estimates of future capital requirements for normal renewal and replacement will be developed and included in the Model on an annualized basis as appropriate. The Model will include additional debt issues for funding investments as necessary, such as those that may be required for working capital, inventory, or other items (in coordination with the City and specific applicable financial policies and concerns regarding risk). Cash requirements for the City-owned utility will include operating reserves, general transfers (as applicable), and potential improvements to the distribution infrastructure or various customer programs as identified and defined in the Strategic Assessment developed in Task 1. Annual cash requirements for the status quo will be included in the current estimated average rate revenue (assuming that Duke Energy rates currently recover its costs), which will be escalated based on estimates of future investment by Duke Energy utilizing publicly available information. As part of the development of the Model, the NewGen Team will review Duke Energy invoices, contracts, and electric billing patterns provided by the City to provide insight on total City load, number, and types of customers and their average monthly electricity usage. This will also include a review of various FPSC proceedings, FERC reports, and other public sources of data, as well as potential information developed during previous City efforts. Utilizing several aspects of the results of the Technical Assessments (Task 2.1), NewGen will develop an estimate of the comprehensive start-up, operational, and maintenance costs of the potential MEU. This will include developing an estimate of the asset value and associated severance and/or stranded costs (if applicable), start-up costs, regulatory compliance costs, customer service and ongoing O&M, creation of an annual revenue requirement for the MEU compared to continued Duke Energy service, recommended financing methodologies (see discussion below), and estimated power supply costs (wholesale power and transmission) for the MEU. A summary of selected sub-task scope items required to support the financial assessment of the MEU is provided below:  The NewGen Team will develop a summary of the valuation of the assets to be acquired by the City to form an MEU based on the technical assessment described above, including potential costs for system improvements. This will result in an estimate of the RCLD (replacement costs) for the system acquisition which will be based on the sampling approach described herein. The NewGen Team will DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY 22 Thoughtful Decision Making for Uncertain Times work with the City to determine if an “income valuation” approach (going-concern) for the delivery assets is reasonable, and if so, will develop a “limited” income valuation based on publicly available data from Duke Energy. At the low-end, an income valuation may be zero, given the particulars of the City’s eminent domain statute and Fla. Ann. Stat. §§ 73—0715. Ultimately, an income valuation would be determined as the result of a jury trial.  A complete inventory of all the facilities that would need to be acquired, upgraded, or built to make the MEU operational and compliant with state and federal energy regulations is not included in the scope of services; however, the NewGen Team will identify those facilities and provide a summary- level estimate of their associated costs.  A summary of the estimated costs for severance (separation), reintegration, and stranded assets (if any, see discussion below) for which the MEU may be responsible, as described in Task 2.1.  Identification and recommendations of options and associated summary cost estimates for the MEU to develop as well as O&M services, such as crew dispatch, SCANA systems, and appropriate physical and cybersecurity-related costs. These estimates will be based on industry benchmarking and may not be specific to the City; however, where applicable NewGen will identify opportunities to leverage existing City infrastructures and/or systems (i.e., its natural gas utility). Financing Costs The NewGen Team will work with the City to identify the preferred type of financing for the costs associated with the acquisition of the system. Municipal electric utilities are generally financed through the issuance of revenue bonds because of their comparatively low interest cost. The revenue bondholders have a lien on the revenues of the municipal utility as security or collateral for the outstanding revenue bonds not yet redeemed. However, other options will be evaluated as appropriate. Based on information from the previous tasks, the NewGen Team will estimate the amount of capital to be obtained through financing and the corresponding bond issuance amount considering the estimates for acquisition costs, severance costs, funding of utility reserves and operating funds, bond issuance fees, etc. This information will then be used to project annual debt service over the 30-year Study period. Publicly available indices will be used to estimate the associated interest rate. Stranded Costs To the extent that it has the regulatory means to do so, Duke Energy will likely seek to compel the City to compensate the utility for the reduced value of selected remaining assets resulting from the acquisition of the electric distribution facilities. For example, Duke may claim stranded generation costs due to a reduction in load. Given the nature of the wholesale power market, these claims may not be valid. Under FERC’s stranded cost rule, the predicate for liability for stranded costs is the use of open access transmission service over the incumbent utility’s transmission system to reach alternative power suppliers. The possibility remains that Duke Energy might attempt to advance an ad hoc claim to compensation for loss of future retail revenues before the FPSC. If only as a potential element of an eminent domain damages claim, the question of “stranded cost” claims cannot be assumed away. The NewGen Team will work with the City to estimate the potential exposure the City may face due to stranded cost claims by Duke and to identify and explain potential defenses to such claims. DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY Thoughtful Decision Making for Uncertain Times 23 Start-Up/Ongoing Costs The NewGen Team will develop estimates associated with start-up costs (including cost estimates for expenses prior to operation, as well as those for the initial phases of operation), financing-related costs, O&M costs by functional element, requirements for capital investments, and estimates of administrative and general (A&G) costs. These cost estimates will be developed based on average $/customer expenses for similarly sized/situated public utilities with which we are familiar, and/or our expertise in providing analysis of publicly owned electric utility systems. Additionally, the NewGen Team will utilize comparable data available from the City’s natural gas utility as a basis for its potential MEU. Similar to the cost estimates for acquisition and severance-related issues, the NewGen Team will develop an appropriate range of costs for these elements to be incorporated into the modeling scenarios. The NewGen Team will leverage its extensive experience with municipal utilities across the U.S. to gather cost information for the purposes of developing the projected ongoing O&M expenses. Other sources of potentially useful information that will be considered include:  Public Power Annual Directory and Statistical Reports published annually by the American Public Power Association (APPA).  Edison Electric Institute (EEI) and Energy Information Administration (EIA) Reports/Summaries.  Financial and Operating Ratios of Public Power Utilities published annually by APPA. These reports contain financial and statistical information about the operations of electric municipal utilities individually and in various groups including O&M expenses, sales information, balance sheet data, and sales statistics including number of customers and megawatt-hour (MWh) sales by customer class, revenues, key performance indicators, etc. Model Results The intent of the Model is to compare costs and revenues associated with operations of the City’s distribution system under existing ownership (Duke Energy) and the municipalization scenario (City owned). Utilizing the projections for annual cash needs, the Model will determine an average system retail rate under both scenarios over an appropriate planning horizon. The difference between the average system retail rates will determine the potential savings associated with a municipal utility on an annual basis. The NewGen Team will project the annual average retail rate and/or net present value of projected revenue requirement assuming a City-owned electric utility, compared to those developed for continued Duke Energy ownership. Additionally, the NewGen Team will provide a comparative analysis of the net present value of the projected total revenue requirement (total costs) under the two scenarios. The summary of results for the Model will be included in a dashboard embedded in the Model for ease of understanding, as well as to facilitate additional analyses. Additional metrics for comparing the modeling scenarios may include development of return-on-investment analysis or other industry appropriate calculations developed in coordination with the City. As part of our analysis, the NewGen Team will identify other risks and benefits associated with the City ownership of the electric utility. These will include qualitative and quantitative descriptions of financial, operational, and technical risks to consider over the multi-year planning horizon. Risks that can be quantified will be incorporated into the Model as part of the range of potential costs associated with either scenario. To the extent that risks are qualitative, they will be included in various reports developed for the City’s consideration. DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY 24 Thoughtful Decision Making for Uncertain Times Task 2.3 – Other Assessments/Activities Task 2.3 will consist of the identification and development of detailed recommendations for addressing the legal, regulatory, and operational issues involved with the MEU, with particular attention to the evaluation of stranded costs. This will include reviewing the legal and regulatory processes necessary to acquire the electric utility distribution system, including applicable precedent, orders, and findings from the FERC, the North American Electric Reliability Council (NERC), Southeastern Electric Reliability Council (SERC), the FPSC, condemnation courts, and other venues. As part of the Study, as required or requested by the City, the NewGen Team will define the tasks, actions, and professional services necessary to proceed with a municipalization effort specific to the Federal regulatory environment. The City will engage legal counsel to provide the Florida regulatory and legislative environment and the City will coordinate these efforts with the NewGen Team. The NewGen Team will incorporate elements from the legal analysis, described below, and the City’s local counsel to develop a process road map for municipalization. This process road map will include a detailed timeline of likely and potential events and actions that will need to be addressed during the City’s potential municipalization process. Further, this process road map will include “off-ramps,” which are definitive milestones at which the City may choose to cease its municipalization effort. The NewGen Team will work with the City to develop and refine the process road map, as appropriate. Task 2.4 – Legal Analysis As part of the NewGen Team (if so requested by the City, under a separate engagement agreement), Duncan & Allen proposes to provide an analysis of the federal regulatory issues potentially implicated in the establishment of a new municipal electric utility by the City. The anticipated expiration of the City’s currently effective franchise agreement with Duke Energy on December 7, 2025, (thirty years after the franchise effective date of December 7, 1995) opens alternative decisional paths for the City that include:  Negotiation of a shorter-term franchise to Duke Energy incorporating an undertaking by Duke to sell the electric distribution system within the City to the City at the expiration of the renewed franchise at an agreed price or pricing formula; or  Failing a negotiated purchase, pursuing eminent domain proceedings to acquire the electric utility facilities within the City and, as necessary, adjacent to the City. In connection with eminent domain proceedings that may be brought by the City in the Circuit Court of Pinellas County, Duncan & Allen will analyze and advise the City concerning potential proceedings initiated by the incumbent utility (Duke) before the FERC and potentially federal courts to obstruct the City’s efforts in the Florida courts to acquire the electric facilities required for the City’s municipal electric utility. Duncan & Allen proposes that its analysis will include a review and explanation of the foundational federal legal issues likely to arise in the context of forming and implementing a municipal electric utility. Duncan & Allen will summarize the legal frameworks governing (a) whether and under what circumstances the City could face exposure to claims before the FERC for “stranded costs” (loss by an incumbent utility of anticipated future revenues due to the establishment of a municipal utility), (b) potential issues under the Federal Power Act relating to establishing new interconnections for delivery of electricity from sources other than Duke, and (c) responding to issues potentially raised by the incumbent utility under reliability standards promulgated by the NERC and administered by the SERC or SERC Reliability Corporation under Section 215 of the Federal Power Act. DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY Thoughtful Decision Making for Uncertain Times 25 As part of this analysis, Duncan & Allen will also identify and detail recommendations for addressing the federal legal, regulatory, and operational issues involved in acquisition and operation of a municipal utility. Additionally, to the extent requested by the City, Duncan & Allen will evaluate potential strategies for the City’s negotiation of the post-2025 franchise agreement designed and intended to facilitate municipal acquisition of electric distribution facilities within the City at the termination of the post-2025 franchise (similar to Winter Park’s strategy for acquiring its electric distribution system). Task 2 Deliverables  Draft and Final Model Results  Draft and Final Process Roadmaps for Municipalization  Draft and Final Legal Analysis/Summary Report (potentially under separate cover) Task 3 – Prepare Report/Presentation The NewGen Team will prepare draft and final reports that present the results of the Study, including potential advantages and disadvantages of City ownership of the Duke Energy electric distribution facilities, and issues associated with severance/reintegration of electric systems. Additionally, we propose to present the initial Study findings in a series of facilitated meetings to the City management team and other stakeholder groups as requested. The NewGen Team will coordinate with the City to prepare and present its findings at up to two in-person City-scheduled public meetings, which may be attended virtually by some members of the NewGen Team. Task 3 Deliverables  Draft and Final Reports  Presentation of Study Findings SCHEDULE A summary-level proposed schedule for the Study is provided below: DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE CITY OF CLEARWATER, FLORIDA CLEARWATER MUNICIPALIZATION STUDY 26 Thoughtful Decision Making for Uncertain Times COST The NewGen Team proposes a not-to-exceed bid price for the City’s Study of $504,000, as indicated in the table below. Project Fee Proposal Tasks NewGen Barr Duncan & Allen Total Task 1 – Kickoff/Data Request $10,000 $14,000 $15,000 $39,000 Task 2 – Municipalization Analysis $100,000 $240,000 $45,000 $385,000 Task 3 – Report and Presentation $45,000 $15,000 $20,000 $80,000 Total for Project $155,000 $269,000 $80,000 $504,000 DocuSign Envelope ID: 6E521515-92C8-4FC4-86A1-C15EA3B1F9BE 0-RDtW~NCE NO. S~~-95 Afll ORDIIN~~NCE GRANTING TO FLDRIOA P01~'VER CC)RP!ORA ◄r\!t:llN A. HO"l•l:..'<CLUSIVE ELEC~rRIC IJTjLITY FfitANCHtSI: TO Q,C:CUPY MUNICllf,-~L STi~Eers AND RIGHTS- 011=-w,~y IN: rHe cnY OF CLEAl~tWJl1TER1, FLOfUIDA, FOR THE: PURP~DS,E 1j)1IF PRo,.nolNG ELECl"FUC AN[) POW'E:R SERVICES; l~Ft.ESCR,:lBIIN1~;, 'THE liERl~S A1ND CONDITIONS, A<:;coMPAtn'11NG l'HE GRA1NT IC)J= IFRANCHIS·E; PROVll)ING f()!Rt SEVEIRi~~Sll.ilTY OF PlROiVIS1lfONS; ,~NO PROVIDliNG, AN Ef:FECTIVS: l~,A ire. BE 11r ORDAIN1:t) BY THE CltTY COMMISSION OF THE Cll'Y' O·F CLE,AR~iATlER:,, F'liL.◄OtRU>,A:: SECTION 1. Fl!'d!1l!:!IJll!.! {A) Thie :1Gri1nt1c~r deE1ms jt nei:essary, ,aeisirable and in the~ interest ,of 'i'l.s, citizens to ,estat~lish ti,y ordinance a lraochise g~anUnf, tc) Grantee the1 perrn1sslion to ci~::cupy Ri-gh~s-<llf.~VVay in tt,e City of Ch~arwater, Ftc)ricla, for the purpose1 of · prov,idiric, ele,r::tric s1.,eNit::efs ... (El} The Gra,1tE~e is w1ihng t.o undettal(e the installatiion atid opE~ratiCH'l 011 its etectr•i-1:: t11tihty fa¢i!ibEl~~ unde•r a franctlise from Grantor secinoiN ,;.. 'Chn~l·t 1"itJl.ei. ~i,_.,1•1•-,-.4· 'This C>rd~n.an1oe st,an t,e, k~own arid may b~~ cited c2S the "'Fh:rrida f'<)wer Corporation i:leittrlc Ftanctiuse ., SECTIO!'i 3. ~!ll!:U~~. Fc>r the pur:1:,c:)~;.a.s .of this OrdtnancE~, the f0Uow1n!:J :teirms➔ phrci1ses. wotrds, and their d-eri·t1atlio1n1s :shall hav~ the meaning giv~:tn here1r1❖ VVhen no1 inco-1~H~.s1ter-it Wi'lh 'Ui11Ji c;,ont1:!Xt, words in :the pr,es,~nt t1ense ,inch;d1;! the f uh~re, words in thE~ pllur:al nurnber include the1 sing1.1Jar numb(!:;r, and ·•1,vords in the s1ng1..1lar number iri1clud,e the plunaJ ruJmbf~r. The word '"shall" is alwe,1~t m.andatoiry and not merelJ~ ~;1,rectory (A.} ··Grantof' ~· The C1ry of Cleiarwa1te1r f:!onda. (8) ''Grantetr"' ,. F\1:,ri,:1a Power Corp1cini,hon, its ~;u~;:c~e~:.so.rs and ass.,gn.:i .. (C) ''Ele1:'tr1c l.JtHity Sysitem" •· At·, electric ~:,wer system installed and opera11:ecl! in the Fnanichi~;.E~ Area ii, accordance iw1th 1he pt·C)vlsjons .of the Fli,rida Public Service cc,tnmisstcm eistabHshin.bl 1echn·ica1 s1a,1dards. S-f?rrvica ,1:trf~a1s., tart11:s and oper.atir'19 !>°.andards, wtiit.h sh13ll 1m::::tudie but not b1~ tirnitetd tc> ~·lec::tric hgl"lt 1-,eat, pow1ar 1 ,atn(j ent?•rg:r i·acilrties, and a 9enerat1<)n. 1ran:sm1ssicm. and dis:trit;>1utic1n sysiten'll, ~~rith !Such e.-:t,ms;j1ons lhe•reof ,:3nd <3ddltic,r1s thereto ;es slhaH here1a11er be mci1de, (D) ''Fra:ndlH!i,1:1 Arie~3" • Tt1a1 area for 1~ivh1ch Grar,te1a provides E:let:tric Utill.'l,y Sei1rvici~ ¥which iis within the corporate city hm:its of the Granter {E) "Base Revenues" -Revenues from the sale of electricity., of customer credit:s,. to residentia!, commercial, and industrial customers and City sponsored streE~tili1ghting all within the the corporate iimits of the City. (F) "Person" -Any person, firm, partnership, association, corporation, comparv or organization of any kind. (G) 11Ri,;hts-of-Way" -All of the public streets, alleys, hlghways, waterNays, briCJ!g1ets, easements, sidewalks and parl,s of the Cit~;, as the1y now exist or may bE~ hereafter constructed, opened, laid out or extended within the present limits ()f 1the City, or in such territory as may hereafter be addled to, conscilidatecl or annexed to the City. {H) i~Reit~aiil WhE~elingH -A customer/supplier arrangement where,by an eilectric energy pirovide1r utilizes transmission and/or distribution facilit1ies of Grantee to mak1e E~nergy sales directly to an end use customer located within the Franchise Area. (I) "Adviarsely Affected" -Far the Grantee, a loss of one percent (1 1%) of eiase Revenueis within the corporate city limits due to Retail Wheeling. For the Granter, a loss of one p1ercent (1 %) of franchise fees due to Retaii Wheelimg. SECirlON 4. ~;1:smt .of .Autlhorit)r.. (A) Ther1e i1s hereby granted by Granter, to Grantee, the riglntand pr!ivilege to constrnct, ei·e1ct, operate, own and maintain, in, upon, along, across, above, ov~ar and under Rights-of-Way now laid out or dedicated, and all 1extensions thereof, and additions thereto in the corporate city limits, poles, wires, <~ables, underground conduits, manholes, fibe;r optic cable for its own use and other fixtures necess,ary or proper for the maintenance and operation of its EElectric utmt;r System, provided that au pot1ions of the same shall conform to the National Electric~,:11 Safiety Code:. This Franchise awarded subject to the ,provisions of !~Emera! or special laws of Florida now existing or here,inafter enacted. This grant of authority is limited to the provision by Grantee of ~~lectric uWity services,. Grant1ee agrees that without Uie prior written permis:sion of Granter, it wrn nc::>1t allow any entity providing a wireless communication sy~~tem to acquire rights to occupy Rights-of-VVay Linder ihis Franchise. In the1 event Grantee desireis to use its existing facilities, or construct new facilities, in order t,o pr<:>vide publlic communications, leased fiber optic capacity, or video s,ervices tio existing or pot~mtial consumers, Grantee must obta1in additional and se~parate permission from the City for such activities. (B) Anae~atio_o_pr Contr.~J:::tiQ:l'.l Grantee agre~3s that the Franchise tcJ exp,1,u,sion or reduction by annexation and contraction of municipal botmdaries. If Grantor approves any Franchise Area expansion or reduction by annexation or contraction, Grantor wm provide written notice to Grantee. Grantee must re~vise its payments due to any expansion or reduction by annexation within a reasonable time after notlce to Grantee, but no later than sixty (60) days aif1ter receipt of notice. (C) ~op-,Exclusiive Use. The right to use and occupy Rights-of-\rvay for purposes tieF.rein set forth shall be non-exclusive, ,and the Grantor reserves 2 the right to grant a simllar use of said Rights-of-Way, to any person at arIy time during the periiJd of this Fra,1chise so long as such grant does not materia1lly and adversely impact Grantee's right to use and occupy Rights-of-Way as aforesaid. sec·noN 5.. T'erim of Franchise. ---------(A) Except as othei"'\IVise provided herein, the Franchise and rights herein granted shall takie effect and be in force from and after the final pas.sage herreof, as required by law and upon the filing of an acceptance by Grantee of all thei terms thereof with the Granter and shall continue in foroe and effect for a term of thirty (30) years. after the ef1recUve date of this Franchise ordinance. (B) Howe1ver, if in the event. the appropriate governmental authorities authorize Retail \iVheeling, then, either party, if Adversely Affected thereby, may reopen this ordinance upon thirty (30) days written notice to the other for the sole purpose of addfessing franchise fee payments between Grantee and Grantor. If the pa1iies are unable to agree within ninety (90) days of reopening, either party may declare an impasse and may fiie an action in the Circuit Court in Pinellas County, Florida for dec:lclratory reiief as to the proper franchise fee in light of Retail Wheeling. (C) Each party snail bear its own costs in such a proceeding. During the pendency of any negotiations pursuant to the reopener or any declaratory action arising therefrom the current franchise payment as set forth in Section fS shall continue to apply, Provided, however, if as a result of such negotiations or any declaratory acti1on arising therefrom, a different franchise payment is determined, that new franch:ise payment shall apply retroactively to the first full month fellowing the date this ordinance is reopened and the parties shall balance their accounts accordingly. (D) In all events, Granter shall not grant more favorable treatrnent to providers of Retail VVheeiing than is granted to Grantee under this ordinance, it being the intent of the parties that no future provider of electric service, be it generation, transmission or distribution service, to customers within the corporate limits of Grantor shall be given a competitive advantage over Grantee. SECTION 6. fja1~ment to Grantor. (A) Effective the first day of the second month beginning aftier the effective date of this ordinance, Granter shall be entitled to receive from Grantee a monthly franchise amount which will equal six percent (6%) of Grantee'$ Base Revenues for tile preceding month whlch amount shall be the total compensation clue~ Grantor for the rights, authority and privileges granted by this Franchise. (B) PaymEmt shall be made to the Grantor for each month no lateir than the t"\Arentieth (20th) day of the following month. The monthly payment shall be made by wire trnnsfer. Any monthly payment or any portion thereof received twenty (20) days Glfter the due date shall be subject to interest at the rate c)f 10% percent per annum unrn all payments are paid in full . Redraft Doc 3 SECTION 7. fj~~Q.re!;I_N~t!gns (A) in :th~~ ervent Grantee shall hereafter accept an E"'lectric utility franchise ordinance from .;;~n::· municipality providing for the payment of a franchise: fae in excess of the a111nount provided for per Section 6 above, the GranteE) shall immediately r.c.rl;:}1 the Granter and the Granter reserves the right to amerhd this Franchise to r~:quire the Grantee to .pay the Granter such additional frahchise fees. The Grarit:eie's failure to notify Granter of such 8dditional payment* does not limit Grantor's rights to such additional franchis~ fees nor limit Gr;;:intee's liability with re$pe.ct thereto including late payments outlined in Section 6 (16). (B) irnno E~vent shall Grantor receive a franchise fee that is iess, in1 terms of percentag\e and/or Base Revenues, than any other governmental entitY'1 within Grantee's s~i[Ci~ area, except that1 in the event Granter shall hereafter gr13nt an electric utility fha1nchise to any other electric energy supplier providing flor the payment of ~· fr~nchise fee lessthan the amount provided for in Section 6 t~bove, then Granter ~hia1II be obligated to accept an amendment of this ordi1nance providing forja ~e~crease in the franchise fee to such lesser amount. SECTION S. : • 1tE~s and Services Provided. The rate$ ~:> be charged and services provided by the Grantee for eJectric service within ~h~ corporate limits of Granter during the term of this fra1~chise shall be as ~rdvkled in the Grantee's tariffs now or hereafter approved l~y the Florida Publl!c s,~rvice Commission, or such agency of the State of Florilda as may have pr9perjurisdiction over such rates and charges of Grantee. SECTION 9. iChalr-acter of Service. ,.,.,___ - Grantee 1 ca9rees that the materials to be used in the constn~ction, operation anti rpaintenance of the electric distribution system and the seNice to be rendered! theireby shall be in every respect equal to those provided to Grantee's other franchised communities. Grantee shall maintain a bu:siness office. or locf]tipm; within the City which shall be open during normal bw~iness hours for the purpose of accepting payments of electric bills and recleiving customer inquiries. Redraft.Doc 4 SECTION 11\ lnjie!]rmificaUon. (A) Grantm shall in no way be liable or responsible for any accident or -iamage that may occur in the construction, operation or maintenance~ by Grantee of its fc1cilities thereunder, and the acceptance of this franchis,~ by Grantee shall oe de!emed an agreeimem on the part of the Grantee to indemnify Grantor and hold it harmless against any and all liability, loss, cost, damagIe or expense which Grantor may incur by reason of the neglect, default:, or mjsconduct of Grantee in the construction, operation, or maintenance of its electric utmty facilities thereunder. (B) Grante,e shall maintain throughout the term of this Franchise sufficient financial resources to provide self insurance insuring the Granter and Grantee with regard to aH damages set forth in Section 1 O (A) in the minimum amounts of: (I) $1,000,000 for bodily injury or death to a person; $3,000,000 for bodily injury or death resulting from any one accident. (ii) $50,000 for property damage resuiting from any one accident. (iii} $1,000,000 for all other types of liability. (C) It is acknowledged by the Granter that Grantee provides its own liability insurance (self insured}. Grantee must submit on an annual basis, when submitting its annual audited financial report, documentation that cleiarly demonstrates that i1t has accumulated sufficient financial resources in orde~r to provide insurance coverage as indicated in Section 10(8) above. SECTION 11. ~!?J[..Oval of Transfer. (A) The rights and privileges granted by this Franchise shal! not be l:lold, or assigned in whGle or in part without the Grantor's prior written approval; riowever, such consent shall not be unreasonably withheld. No such sal1e or assignm~. it shall bE~ effective until the vendee or assignee has filed with the Grantor an instrurnent, duly executed, reciting the fact of such sale, or assignment and agn3eing to perform all the conditions thereof. (B} Grantee shall annually submit to Granter, Attention: City CIE~rk's Department, a copy of its Audited Annual Financial Report upon its noirmal issuance of same. By acceptance of this Franchise, the Grantee specifically agrees that in the E~vent of any violation of this Section, after thirty (30) days written notice and an opportunity for Grantee to cure, Granter may cause the Franchise granted !11erein to be terminated. SECTION 12. Grantor Riqhts in f:ranchise. ---,..,_ __ ., .. - The right is hereby reserved to the Gnntor to adopt, in addition to the provisions herein contained and existing appiicable ordinances, such additional regulations as it sh1:1lil find necessary in the exercise of its police power, prov:ided that such regulations, by ordinance or otherwise, shall be reason.Jble, and shall not be in conflict with the laws of the State of Florida or the lawful regulations of any stat,e agency possessing U1e power to regulate the activities of the Grantee or materially interferE~ with the benefits conferred on Grantee hereunder. Radrn1fll.Doo 5 SECTION 13. :~~[k irt tpe Right~of7YYa~ The Gnantee is hereby 1granted the right, authority and privilege to make all necessary E~;(cavations in said square, streets, avenue, alleys, thoroughfares, public grounds and other parts of Granter. The Grantee shall have th~~ right tr fasten and tc> :s:tretch and lay along the lines of said pole~. conduits, pipes and cables necessairy for transmitting and conveying the electric current to be used in Grantee's business, together with all the right and priv,leges nece1ssary or convenient for the full use including the right to trim, cut and keep clear ,a!I trees and limbs along said lines that may in any way endanger the proper opefration of same. Moreovier, the Grantee shall have the right to construct, erect, operate and maintain in said City an electric system consisting of central plant cir plants, with all the en~1ines, boilers, dynamos, machines and devices, and appliances that may be required for generating electricity, together with rneicessar, substations, lines and related facilities and for carrying Grantee's t:1usiness; provided ttnat, in accomplishing these purposes, the streets of said City shall not be unreasonably obstructed and work in connection therewith shall be done and carried on in conformity with such reasonable rules, regulations, and local ordinances wi1th reference thereto as may be adopted by the Grantor for the protection of the~ public. SECTiON 14. !~~QLds and RepQrt§.. The folilowing records and reports shall be filed with or available to Grantor: (A) Grantee Rules and Regulations. Copies of rules, regulations, terms and conditiom, adopted by Grantee that relate to Grantee's use of Grantor's Right-of-VVay shall be availabie: upon request by Granter. (B) 8Qcc2.i..1_nti119.. Grantee shall use the system of accounts and thi9 form of books, accmmts, records, and memoranda prescribed by the Florida Public Service Commission, or as mutually agreed to by Granter and Grantee. Should the Florida Public Service Commission cease to exist, the City retains the right to require the Grantee to maintain a system of accounts and forms of books and accounts and memoranda prescribed by the Federal Energy Refgulatory Commission or ,any other applicable agency. (C) ReQ£fts. The Grantee will attach to each payment a statem~:mt of its estimated Base Revenues by revenue account for tl1e period on wr1iich suci1 payment is based, signed by an authorized representative of the Gn:mtee, in such reasonabl1e form and detail as Granter may from time to time prescribe, sufficient to sriow the source and method of computation of Base Re~venues. The acceptar.cei of any statement or payment shall not estop the Grantor from asserting that the amount paid is not the amount due or from recovering any deficit by any iaiwful proceeding, including interest to be applied at the rate set forth in Section i5 (B). Redraft Doc 6 (D} Avai!pb;ili,!JLQfjRecords J:lllQ_B2.Qorts. Grantee shall supply all accounts and recm·ds of the Grantee and/or all such information that the Granter or its representativ«e:s. may from time to time rei::1sonably request or require relative to the calctJl.ation of franchise fees. Such financial records shall be k1t:}pt and maintained in acc)ordance with generally accepted accounting principles. All of tht3 th~se records shall, on written recr est of Grantor, be open for examinaUon and audit by Grant::>r and Grantor's representatives during ordinary busineiss hours, in the G!ec!rwater Area Offlce of Grantee and such records shall be retained by Grantee for a minimum of five ( 5) years. (E) [:.ugit. Grnntor may require an audit of Grantee's books at minimum of once every five years. Grantee will reimburse Grantor's audit costs if the au1dit identifies errors in thE~ Grantee's franchise, Base Revenues of five percent (5%) or mi::>re for the period audited. Errors identified during the audit process shall be projected for any c:idditional time periods not covered during the audit if the~re is a reasonable probability these errors occurred during the unaudited peric~d, but not for more than five (5) years. If an underpayment of franchise fees has occurred, interest wiill! be computed at a rate of ten percent (10%) per annum. Both the underpaymemt and interest shall be paid within thirty (30) days after receipt of demand therefor from Granter. SECT!ON 15. ~n1t_pr's Authorit~. (A) Nothing in this Franchist3 shall prevent Granter from levying and coHecting such taxes as Grantor may from time to time be empowered, by law, to levy and collect prov1ided such taxes shall be applied uniformly to all persons within Grantor's corporate iimits and shali not constitute an additional tax or f;ee for Grantee's use of the Rights-of-W'ay. Such taxes are not considered part of the franchise fees. (B) In the event the Grantor acquires the property rights of Grantee as well as any extensions thereof within and without the City, used in or useful in or connected with Grantee's Electric Utility System and the extensions thereof, all grants or renewals shall at once terminate. SECTION 16. Seve~!J!.~ Should any section or prov1s1on of this Franchise Ordinance or ainy portion thereof, the di9!etion of which would not adversely affect (in the general sence) the receipt of any material benefits or, substantially increase the burden of any party hereundar, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder, as a whole or any part thereof, other than the part declared to be invalid. In the event of ainy such partial invalidity, the Granter and Grantee shall meet and negotiate in good faith to obtain a repiacement provision that is in compliance with the judicial authority's decision. Redraft.Doc 7 SECTION 17. iru:c:.!l~ptanye. This ordinance shall become effective upon being legally passed and adopted by the ~:iity Commission of the City of Clearwater, as provided by law; and it is further ~gn~ed that Grantee shall accept this francnise as 1:,f the date of the passage and adoption by the City Cc\mmission and shall signifJ( its acceptance in wribng within thirty days after the City Commission's approval of this ordinance bf filling its written acceptance with the City Clerk. SECTION 18. ~i<UJJ.~:(s_Fee~ ~qd Expenses. Except as <:>ltherwise provided for herein, Grantor and Grantee he,reto agree that if litigation becomes necessary to enforce any of the obiigaUons, terms and condit!icms of this Franchise, the prevailing party shall be entitlefd to recover a reasonable amount of attorney's fees and court costs, including fees and costs on app1eal, from the non-prevailing party. SECTION 19. ,Gqy~_mJn9..!,.aw ar1_g_,Ven~ .(A) The rights and privileges granted to Grantee by this Franchise sh;;~I! at all times be sub~)rdllnate and inferior to the rights of the public in and to1 the ordinary use of Grantor's Rights-of.-Way and nothing in this Franchise shaU be considered as a surrender by Grantor of its right and power to use and relocate the use of its Rights-of..:Way. (8) The Franchise and rights herein granted are subject to the prnvis:ions of existing Federal laws and the laws of the State of Florida and those here.after enacted pertaining to the granting of franchises and to Retail Wheeling. (C) Venue. in the event tha1t any iegal proceeding is brought to enforce the terms of this Franchise, the same shall be brought in Pinellas COLmty, Florida, or, if a tederal claim, in the U.S. District Court in and for the Middle District of Florida, Tampa Division. SECTION 20. !:!Q!j'~:es. Except in exiiJent circumstances, all notices by either Granter or Grantee to the other shall bei made by either depositing such notice in the United States Mail, Certified Mail return receipt n~quested or by facsimile. Any notice served by certified mail re1turn receipt ::..hall be deemed delivered five (5) days after the date of such deposit in the United States mail unless otherwise provided. Any notice given by facsimile is deemed received by next Business Day. "Business Day" for purposes of this section shall mean Monday through Friday, with Saturday, Sunday a1nd Granter and Grantee observed holidays excepted. All notices shall be addressed as follows: Redrafl.Ooc 8 To Granter: City Mana:ger City of C!IE!aiwater 1·12 S. O:!irceola Avenue C!earwater,FL 34616 To Grantee: General Counsel Florida Power Corp. P.O. Box 14042 St Petersburg FL 33733-4042 Notice shall be gh1E~n as required by this Franchise and for all other emergencies. Notice shall be provided to the above-named addresse,as unlesi? directed c:ithef'Nise in writing by Granter or Grantee. SECTION 21. Non-v~~iver Pr_gvision. The failure of either party to insist in any one or more instances upon thE~ strict performance C)f any one or more of the terms or provisions of thi~~ Franchise shall not be1 construed as a waiver or relinquishment for the future of any such term or prqvision, and the same shall continue in full force and effect No waiver or relinquishment shall be deemed to have been rnade by either part)f unless said waiver 011 re1linquishment is in writing and s'.gned by the parties. SECTION 22. Effec1:h~~Q.a!~- This Franchise shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED November 16, 1995 December 7, 1995 rv -Commissioner Attest (l \\ _ c;' /J r-,, -~)~~ C~ I Je_~.L~-~ \.fynthia E. Goudeau, City Clerk u Approved as to form and legal sufficiency: Pamela K. Akin, City Attorney Recent local media reporting on Duke Energy City staff are aware of recent, local media interest in Duke Energy, on topics ranging from rates and affordability to reliability and tree removal: https://www.tampabay.com/news/business/2024/07/09/duke-energy- florida-electric-bill-rate-case-utility/ https://baynews9.com/fl/tampa/news/2024/06/13/proposed-duke-increase https://www.tampabay.com/news/business/2024/06/03/duke-florida- tampa-electric-teco-rate-meeting-pinellas/ https://www.tbnweekly.com/pinellas_county/article_8edf70dc-f68f-11ee- b3e3-c7d25dec3741.html https://www.tampabay.com/news/clearwater/2024/04/02/clearwater- residents-irate-after-duke-energy-cuts-down-their-trees/ https://www.wtsp.com/article/news/local/pinellascounty/duke-energy-tree- clearing-dunedin-controversy/67-37c46428-5e9d-42a1-9fb2-e5030e40f89c https://www.tampabay.com/news/st-petersburg/2024/06/26/duke-energy- power-outage-restored-today/ https://www.tampabay.com/news/crime/2022/12/09/tampa-bay-substation- break-ins-florida-power-grid-security/ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9773-24 2nd rdg Agenda Date: 7/29/2024 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9773-24 on second reading, amending 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. 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, the 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 its approval. STRATEGIC PRIORITY: This item meets the priority of high performing government by providing efficient services and optimizing city assets and resources. Page 1 City of Clearwater Printed on 7/23/2024 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 ORDINANCE# 9773-24 VAC2024-09 – 385 S. Gulfview Blvd, Clearwater, FL 33759 PARCEL ID# 07-29-15-52380-000-0710 FIRST READING: JULY 15, 2024 SECOND READING: AUGUST 1, 2024 DESCRIPTION: APPROVE TO PARTIALLY VACATE AND AMEND ORDINANCE 9167- 18 REFERENCING ADDRESS 385 S. GULFVIEW BLVD, CLEARWATER, FL AS PREVIOUSLY RECORDED IN THE OFFICIAL PINELLAS COUNTY RECORDS BOOK 20203, PAGE 1614, NOW HEREINAFTER AMENDED BY ATTACHED ORDINANCE 9773-24 WITH ATTACHED EXHIBITS “1 & 2”, AND PASS ORDINANCE 9773-24 ON FIRST READING. APPLICANT NAME: GULFVIEW LODGING, LLP. AFFECTED PROPERTY ADDRESS: 385 S GULFVIEW BLVD CLEARWATER, FL 33767 APPLICANT MAILING ADDRESS: 735 BROAD ST STE 500 CHATTANOOGA, TN 37402 ADJACENT PROPERTY OWNER BOLDOG, DOROTHY C TRE M & J TRUST C/O J V & SONS INC PO BOX 8589 CLEARWATER, FL 33758-8589 Boldog, Dorothy C/O VAZOUEZ, JUAN PO BOX 7524 CLEARWATER, FL 33758-7524 333 BEACHWALK LLC 1780 BEVILLE RD CLEARWATER, FL 33765-1501 BEACHROCK LODGING LLLP 735 BROAD ST STE 500 CHATTANOOGA, TN 37402-2902 PRESTON, MICHAEL G TRE 419 E SHORE DR CLEARWATER, FL 33767-2028 TRIPROP CLEARWATER LLC 1001 E ATLANTIC AVE DELRAY BEACH, FL 33483-6974 MHH CLEARWATER 395 HOLDINGS LLC C/O MISSION HILL HOSPITALITY TRUST 50 S STEELE ST STE 200 DENVER, CO 80209-2807 DEVON SHORES INC 1770 ARGENTIA RD MISSISAUGA ON L5N 3S7, CANADA SZLECHTA, WLODZIMIERZ KUNOWSKA, EWA 333 CORONADO DR CLEARWATER, FL 33767-2433 VLOWIANITIS, D ALEXANDER VLOWIANITIS, CHRISTOPHER L 257 ANTHONY AVE MISSISSAUGA ON L4Z 3V4, CANADA 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#24-0662 Agenda Date: 7/29/2024 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.1 SUBJECT/RECOMMENDATION: Diversity Poster Contest Presentation - Karen Swafford, H.R. Diversity Manager; Michelle Sheldon, H.R. Analyst SUMMARY: Page 1 City of Clearwater Printed on 7/23/2024 |1CITY OF CLEARWATER 2024 DIVERSITY POSTER CONTEST Age Group 5 - 9 3rd Place, Age 5-9: Rowan Silverman, 9 2nd Place, Age 5-9: Bernadette Downes, 5 1st Place, Age 5-9: Elia Mitchell, 8 Age Group 10-13 3rd Place, Age 10-13: Arion Herring, 13 2nd Place, Age 10-13: Lia Roque, 10 1st Place, Age 10-13: Elodie Lefevre, 12 Age Group 14 & Up 3rd Place, Age 14 & Up: Jacob Bozeman, 15 2nd Place, Age 14 & Up: Caleb Campbell, 14 1st Place, Age 14 & Up: Zaynah Hussein Cuellar, 14 Grand Prize Winners 3rd Runner Up: Elia Mitchell, 8 2nd Runner Up: Elodie Lefevre, 12 Grand Prize Winner, Zaynah Hussein Cuellar, 14 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0857 Agenda Date: 7/29/2024 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.2 SUBJECT/RECOMMENDATION: US Coast Guard Appreciation Month Proclamation, August 2024 Page 1 City of Clearwater Printed on 7/23/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0698 Agenda Date: 7/29/2024 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.3 SUBJECT/RECOMMENDATION: End of Session Report - Representative Berfield Page 1 City of Clearwater Printed on 7/23/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0766 Agenda Date: 7/29/2024 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.4 SUBJECT/RECOMMENDATION: End of State Session Report - Peter Dunbar and Martha Edenfield, Jones Walker Law Firm Page 1 City of Clearwater Printed on 7/23/2024